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GTI Global Network > Current Issue > New Laws
New Laws
Hainan Province’s “2011-2015 Total Quantity and Deployment Planning for Internet Cafes and e-Game (Amusement) Entertainment Venues”

To push the internet cafe, e-game (amusement), and singing and dancing businesses to move toward large-scale and chain operations, and further strengthen the standardization and administration of internet cafe, e-game (amusement), and singing and dancing entertainment venues, these Supplementary Provisions are formulated based on “the Regulations on the Administration of Business Premises for Internet Access Services” and “the Regulations on the Administration of Entertainment Venues” of the State Council of China, “the Measures for the Administration of Internet Chain Enterprise Recognition” and “the Measures for the Administration of Entertainment Venues” of the Ministry of Culture, and Hainan Province’s “2011-2015 Total Quantity and Deployment Planning for Internet Cafes and e-Game (Amusement) Entertainment Venues”, and also based on the actual conditions in the province.

Article 1An enterprise applying for internet café chain enterprise recognition shall meet the following requirements:
(I) The registered capital shall not be less than RMB$10 million;
(II) The number of wholly or partially owned directly-operated outlets shall not be smaller than 5;
(III) It complies with the chain operation organizational norms;
(IV) Within one year before the day the application is filed, no administrative punishments greater than monetary penalties (including monetary penalties) had been imposed on its directly-operated outlets by the related departments in accordance with “the Regulations on the Administration of Business Premises for Internet Access Services”.

Article 2Internet café chain enterprises with standardized management and legal operations shall be provided with reward quotas using a ratio of “6:1” for developing chain and individual internet cafes.  The qualifications for the reward of developing chain and individual internet cafes include:
I. A unit which has been recognized as an internet café chain enterprise for more than one year (including one year);
II. An internet café chain enterprise and its directly-operated outlets do not have a record of administrative punishments greater than serious warnings.

Article 3Internet café chain enterprises may utilize the reward quotas (province-controlled quotas) to have priority in establishing new internet cafes in rural villages and towns in underdeveloped areas of the province.

Article 4Newly established internet cafes shall carry out the following standards in the site area and number of computers equipped:
I. For establishing new internet cafes in the downtown areas of Haikou and Sanya cities, the business site area shall not be smaller than 450 square meters and the number of computers equipped shall not be smaller than 150; for establishing new internet cafes in rural villages and towns, the business site area shall not be smaller than 300 square meters and the number of computers equipped shall not be smaller than 80.
II. For establishing new internet cafes in the downtown areas of Danzhou, Qionghai, Wanning and Wenchang cities, the business site area shall not be smaller than 400 square meters and the number of computers equipped shall not be smaller than 120; for establishing new internet cafes in rural villages and towns, the business site area shall not be smaller than 200 square meters and the number of computers equipped shall not be smaller than 60.
III. For establishing new internet cafes in the downtown areas and county towns of other cities and counties, the business site area shall not be smaller than 350 square meters and the number of computers equipped shall not be smaller than 100.  For establishing new internet cafes in rural villages and towns, the business site area shall not be smaller than 200 square meters and the number of computers equipped shall not be smaller than 60.

Article 5No internet cafe shall be established in the areas within 200 meters linearly extended from any point on the enclosed walls of a junior high or elementary school, or campus perimeters (not including non-business areas such as internet café offices, storerooms, parking lots).

Article 6For establishing a new internet café, the application should be filed by an internet café chain enterprise and the administrative examination and approval shall be conducted in accordance with the related provisions of “the Regulations on the Administration of Business Premises for Internet Access Services”.

Article 7For an individual internet café to change its name, address or legal representative, it must join an internet café chain enterprise before making changes.

Article 8For an individual internet café to change its name, address or legal representative, it should file the application to the administrative department of culture of the People’s Government in the locality and submit the following documents:
1. The contract documents of joining an internet café chain enterprise;
2. Internet café chain enterprise qualification certificate (duplicate);
3. The notice of the pre-approval of name, and articles of association;
4. The identity certification materials of legal representative or main principal;
5. Capital credit certificate;
6. Business property ownership certification materials;
7. Other documents that should be submitted in accordance with the laws.

For an individual internet café to change its legal representative (except changing it to the legal representative of an internet café chain enterprise) or address, it should carry out the standards stipulated in Article 4 regarding the business area and the number of computers equipped.

Article 9For those cities and counties that do not reach the quota quantity in the “2011-2015 Total Quantity and Deployment Planning for Internet Cafes and e-Game (Amusement) Entertainment Venues” of Hainan Province, they may carry out the administrative examination and approval of items regarding e-game (amusement) venue establishment in accordance with “the Regulations on the Administration of Entertainment Venues” of the State Council of China and “the Measures for the Administration of Entertainment Venues” of the Ministry of Culture.  For the business site area, the following standards shall be implemented:
I. For establishing new e-game (amusement) entertainment venues in the downtown areas of Haikou and Sanya cities, the business site area shall not be smaller than 1,000 square meters; for establishing new e-game (amusement) entertainment venues in rural villages and towns, the business site area shall not be smaller than 500 square meters.
II. For establishing new e-game (amusement) entertainment venues in the downtown areas of Danzhou, Qionghai, Wanning and Wenchang cities, the business site area shall not be smaller than 500 square meters; for establishing new e-game (amusement) entertainment venues in rural villages and towns, the business site area shall not be smaller than 300 square meters.
III. For establishing new e-game (amusement) entertainment venues in the downtown areas and county towns of other cities and counties, the business site area shall not be smaller than 350 square meters.  For establishing new e-game (amusement) entertainment venues in rural villages and towns, the business site area shall not be smaller than 300 square meters.

Article 10For an e-game (amusement) venue to change address or legal representative, it should carry out the standards stipulated in Article 9 regarding the business site area.

Article 11For establishing a singing and dancing entertainment venue, the following standards shall be carried out regarding the business area:
I. For establishing new singing and dancing entertainment venues in the downtown areas of Haikou and Sanya cities, the business site area shall be larger than 2,000 square meters; for establishing new singing and dancing entertainment venues in rural villages and towns, the business site area shall be larger than 1,000 square meters.
II. For establishing new singing and dancing entertainment venues in the downtown areas of Danzhou, Qionghai, Wanning and Wenchang cities, the business site area shall be larger than 1,500 square meters; for establishing new singing and dancing entertainment venues in rural villages and towns, the business site area shall be larger than 800 square meters.
III. For establishing new singing and dancing entertainment venues in the downtown areas and county towns of other cities and counties, the business site area shall be larger than 1,000 square meters; for establishing new singing and dancing entertainment venues in rural villages and towns, the business site area shall be larger than 500 square meters.

Article 12For a singing and dancing entertainment venue to change its operating site, it should carry out the standards stipulated in Article 10 regarding the business site area.

Article 13The “internet culture operation license” for operating an internet café is valid for three years; the “entertainment operation licenses” for operating an e-game (amusement) entertainment venue and a singing and dancing entertainment venue are both valid for two years.  Operators of internet cafes, e-game (amusement) entertainment venues, and singing and dancing entertainment venues should carry the operation license, a duplicate copy of industry and commerce business license, and the business conditions report to the original license issuance organizations to apply for license extension 30 days before the validity period ends.

Those that have involved any of the following acts are not allowed to extend or renew licenses:
I. Those that have closed down business for more than 6 months (including 6 months);
II. Those that have no certification materials for internet café technology monitoring software installation, or have uninstalled internet café technology monitoring software without authorization to evade security monitoring;
III. Those whose “internet culture operation licenses” or “entertainment operation licenses” have been revoked or suspended in accordance with the laws;
IV. Other acts that should lead to administrative license cancellation in accordance with the provisions of laws and regulations.

Article 14For those that have not extended their “internet culture operation license” or “entertainment operation license” when the validity period ends, the original license issuance organizations shall make an announcement to society about the deregistration of “internet culture operation certificate” or “entertainment operation license”, and also inform the public security organizations and the industry & commerce administration departments via a written notice.

Article 15In case the provisions that were promulgated by the Provincial Department of Culture, Radio, Television, Publication and Sports in the past contradict the content of these Supplementary Provisions, these Supplementary Provisions shall be implemented.

Article 16The Provincial Department of Culture, Radio, Television, Publication and Sports shall be responsible for explaining these Supplementary Provisions.

Article 17These Supplementary Provisions shall become effective as of April 11, 2013.

※The article is published in the GTI Magazine Issue No. 119 in August, 2013.

 
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