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第209号 广东省按摩服务场所治安管理规定
来源:广东省司法厅      发布时间:2019-04-28 16:58   

  Decree of the People’s Government of Guangdong Province

  No. 209


  Provisions of Guangdong Province on the Administration of Public Security at Massage Service Places adopted at the Forty-firstExecutive Meeting of the Twelfth Session of the People’s Government of Guangdong Province on January 19, 2015, are hereby promulgated and shall become effective as of April 1, 2015 

                      Governor 

  Zhu Xiaodan

                       February 15, 2015


  Chapter I General Provisions


  Article 1

  These Provisions are formulated for the purposes of enhancing the administration of public security at massage service places, safeguarding the healthy development of massage service industry, and maintaining public security and order, in accordance with relevant laws and regulations and in light of the specific conditions of this Province.

  Article 2 

  These Provisions shall apply to the business places that provide massage services such as the sauna, spa, health massage and foot care within the administrative region of this Province. These Provisions do not apply to the medical massage and medical therapy provided by blind massage therapists.

  Article 3 

  The public security organs are responsible for the administration of public security at massage service places, and shall perform the following functions and duties in accordance with law:

  (1) Establishing and improving the public security administration system for massage service places;

  (2) Guiding and urging the massage service places to implement all security precautions; and

  (3) Maintaining the security and order at massage service places and investigating misconducts endangering public security and order; and

  (4) Other functions and duties prescribed by laws, regulations and rules.

  Article 4

  The state organs and their staff members are prohibited from starting the massage service businesses, explicitly or implicitly participating in the operation of massage service places. They may not abuse their power to facilitate the business operation of massage service places operated by other persons or to seek benefits for such massage service places.

  Article 5 

  The operators of massage service places, the practitioners therein and the consumers thereof shall abide by the state laws and regulations as well as these Provisions, and cooperate with the public security organs in maintaining the security and order at the massage service places.

  Chapter II Security Precautions

  Article 6 

  The operators of massage service places shall conduct their business legally and shall not engage in the activities prohibited by the laws, regulations and rules.

  Article 7

  The operator of a massage service place shall submit the following security information to local police station within 15 days after the date of registering and establishing the massage service place:

  (1) Name, address and surface area of the massage service place;

  (2) Names of the legal representative and the principal executives, type and number of their identification certificates and their contact information;

  (3) Business items;

  (4) Geographic location, schematic diagram and layout of the internal structure of the massage service place; and

  (5) Photocopies of the business license and other approval papers issued by such authorities as those in charge of health, public security and fire prevention. Where there is a change regarding the security information on the massage service place, the operator thereof shall resubmit the updated information to the local police station within five days after the date of such change. The operator may submit the security information by post, facsimile or the internet to the local police station.

  The public security organs shall gradually acquire information on public security through such means as the information sharing among the authorities concerned.

  Article 8 

  The massage service places shall conform to the following public security requirements:

  (1) Massage service places are refrained from setting up closed suites and creating inner rooms such as sauna chambers in massage rooms; massage service places are also refrained from putting up partitions such as screens, partition boards and walls that obstruct the view of the overall indoor environment of massage rooms.

  (2) Parts of the doors of massage rooms shall be made of transparent materials, so that a complete view of the massage service area in the rooms can be obtained from the outside;

  (3) The brightness of lamps in the massage rooms shall be sufficient for people to obtain a clear view of the overall environment of the rooms; and no lamps with adjustable brightness shall be placed in the massage rooms;

  (4) The doors of massage rooms shall not be fitted with devices such as locks and latches that may hamper inspections by law enforcement personnel;

  (5) Remote-controlled devices and facilities such as the signal lights and warning bells, which are used to evade or obstruct routine inspection, shall not be set up in the massage service places.

  Article 9 

  The operators of the massage service places shall set up closed-circuit television monitoring devices at such public spaces as their parking lots, entrances and exits of their lobbies, fire safety evacuation entrances and exits, passages at business areas and cashier counters, and guarantee the proper functioning of such devices during business hours. Massage service places shall keep the video recordings of their closed-circuit television monitoring devices for more than 30 days and may not delete, alter, copy such recordings or use them for any unapproved purpose. The closed-circuit television monitoring devices shall conform to the requirements of relevant state or industry standards for video security surveillance systems.

  Article 10 

  Where a massage service place continues its operation from 2 a.m. to 8 a.m. of the following day on a daily basis, it shall timely register the identity information of the consumers during this period and submit such information to the competent public security organ.

  Article 11 

  A massage service place shall keep a roster for its practitioners and keep proper records on the management personnel, waiters, massage technicians, security guards and other persons working at the massage service place.

  The following information of each practitioner shall be recorded in the practitioners’ roster:

  (1) Name, gender and valid identity document number;

  (2) Domicile or residential address, and telephone number;

  (3) Exact post held by the practitioners and his or her duties; and

  (4) Other personal information that needs to be registered.

  Article 12 

  Massage service places shall be staffed with the security guards in the light of actual need, who are responsible for security inspections. Where the security guard uncovers a suspected misconduct or criminal offense during such security inspections, they shall stop them promptly and report to the competent public security organ.

  Article 13 

  Massage service places shall display their structural diagram, sketch map of fire safety evacuation routes and warning signs at a readily accessible and visible place at their lobbies and in their massage rooms. The warning signs shall include warning against such offenses as drug abuse, gambling and prostitution as well as the telephone number of the local public security organ dedicated to reports against illegal activities.

  Article 14 

  Massage service places and their practitioners shall abide by laws, regulations and rules, and shall not commit any of the following conducts:

  (1) Prostitution, gambling, drug abuse, dissemination of pornographic materials, engagement in pornographic performances and pornographic services and other illegal and criminal activities;

  (2) Providing facilitation for persons entering the massage service places to engage in illegal and criminal crimes;

  (3) Making arrangement for massage staff to provide massage service outside the massage places; or

  (4) Turning off the lights during the massage or covering up the transparent sections of the doors to the massage rooms.

  Article 15

  The public security organs shall assist and guide the installation of the public security management information system at the massage service places. The system shall be provided free of charge by the public security organs. The massage service places shall report such information as the basic situation of the places, practitioners and security inspection timely and truthfully to the competent public security organs via the security management information system.

  Chapter III Supervision and Inspection

  Article 16 

  Public security, health, industry and commerce authorities at all levels shall establish and improve a comprehensive management and coordination mechanism for the massage service places and promote information sharing and law enforcement cooperation among each other.

  Article 17

  The public security organs shall enhance the supervision and inspection of massage service places. Investigation or inspection of a massage service place shall be carried out by at least two law enforcement officers, who shall present their official credentials to the parties or the persons concerned. The parties or the persons concerned shall truthfully answer the questions raised by the law enforcement officials and assist the investigation or inspection, and may not obstruct law enforcement. Written records shall be kept for such investigation and inspection.

  Article 18 

  The public security organs shall keep archives for the supervision and regulations of the massage service places, keep records on the daily inspection and investigation of illegal activities. They shall give special inspections to the places where the illegal acts occurred and increase the frequency of the supervision and inspection.

  Article 19 

  The public security organs shall establish and improve a reporting system for illegal activities at the massage service places, and disclose to the public the telephone numbers, postal address and email addresses for receiving reports against such illegal activities. Upon receiving such reports, public security organs shall keep timely and complete records of such reports, and shall keep the reporter’s personal information confidential.

  Article 20

  The public security organs and their staff thereof shall subject themselves to public scrutiny when they perform official duties. Any unit and individual shall have the right to report and complain against the illegal acts of the public security organs and staff thereof during the latter’s performance of their duties. The organ that receives such reports or complaints shall deal with them timely in accordance with their responsibilities and reply the result in writing to the reporters and the complainants. Where the issue reported against or complained of does not fall under the authority of the organ, such organ shall inform the reporters and complainants of the competent authority.

  Chapter IV Legal liability

  Article 21

  Where any of such illegal and criminal activities as the prostitution occurs at a massage service place, the competent public security organ shall impose sanctions in accordance with the Decision of the Standing Committee of the National People’s Congress on the Prohibition of Prostitution and Whoring and Public Security Punishment Law of the People’s Republic of China. Where other illegal and criminal activities occur at such massage service place, such massage service place shall be subject to the sanctions in accordance with relevant laws and regulations.

  Article 22

  Where any of the following misconducts occurs in a massage service place, the competent public security organ shall issue thereto a warning and order it to make corrections within the prescribed time limit. Where such massage service place fails to make the corrections within the time limit, it shall be subject to a fine of more than 10,000 yuan but less than 30,000 yuan.

  (1) Where it fails to submit the security information to the public security organs or the information submitted is uncompleted, thus violating Article 7 of these Provisions;

  (2) Where it fails to meet the requirements in connection with public security and order, thus violating Article 8 of these Provisions

  (3) Where it fails to install the closed-circuit television monitoring devices or to keep the monitoring data as required, thus violating Article 9 of These Provisions; or

  (4) Where it fails to submit the identify information of the consumers in the service places to the public security organs as required, thus violating Article 10 of these Provisions.

  Article 23

  Where any massage service place or its practitioner violates Paragraphs 2, 3 and 4 of Article 14 of these Provisions, and fails to observe relevant rules, the public security organs shall impose a fine of more than 5,000 yuan but less than 10,000 yuan if the massage service place is the violator, and 500 yuan on the practitioner if such practitioner is the violator.

  Article 24

  Where any prostitution or other illegal or criminal activity occurs at a massage service place causes a significant social impact, the personnel authority or the supervisory authority shall impose disciplinary sanctions on the leaders of local public security organ who are responsible for such impact and other persons directly responsible; where any of such persons are suspected of a criminal offense, he or she shall be referred to the competent judicial organ for investigating the liability according to the law.

  Article 25

  Any public security organ, other state organ or its staff member, who commits any of the following misconducts, shall be subject to disciplinary sanctions imposed by the competent personnel authority or supervisory authority; where such organ or staff member is suspected of committing any criminal offense, they shall be referred to the competent judicial organ for investigating the liability according to the law:

  (1) Failing to investigate any illegal or criminal conduct that they uncover, or fail to carry out investigation after receiving a report against any suspected illegal or criminal conduct;

  (2) Soliciting or receiving the valuables from any other person or seeking any other illicit gains;

  (3) Participating in or harboring illegal activities at massage service places, or leaking information to the units or individuals concerned;

  (4) Starting or operating the massage service places;

  (5) Explicitly or implicitly engaging in the operation and management activities of massage service places; or

  (6) Other acts of abuse of power, dereliction of duty and favoritism.

  Chapter V Supplementary Provisions

  Article 26

  These Provisions shall become effective as of April 1, 2015.