Announcement on Public Solicitation of Regulations on Public Security Management of Special Industries and Service Places in Xi (Draft) (Draft for Comment)

Publisher: Municipal Legislative Affairs Office, publication date: 20 15-04-24, citation number: 0000000/2015-01523790.

Keywords: Announcement of the Legal Affairs Office of Xi Municipal People's Government on the Public Solicitation of the Regulations on Public Security Management of Special Industries and Service Places in Xi (Draft) (Draft for Comment) Subject Category: Other

In order to fully develop democracy, improve the quality of legislation, further improve the scientific and democratic nature of government legislation, and make the local laws and regulations formulated more practical, scientific and reasonable, and practical, the full text of the Xi Regulations on Public Security Management of Special Industries and Service Places (Draft) under consideration by the municipal government is now published, and opinions from all walks of life are widely solicited. The relevant matters are hereby notified as follows:

1. The deadline for public comments is 2065438+May 7, 2005.

Second, the way to reflect opinions.

(1) Please send the letter to: No.8 Fengcheng Road 109, Legal Office of Xi Municipal People's Government; Postal code: 7 10007

(2) Please send the email to: xafzbfgc @163.com.

(3) Please send the fax to: 86788348.

Legislative Affairs Office of Xi Municipal People's Government

2065438+April 22, 2005

Xi Regulations on the Administration of Public Security in Special Industries and Service Places (Draft)

(Draft for Comment)

Chapter I General Principles

Article 1 The purpose of legislation is to strengthen the public security management of the business activities of special trades and service places, maintain social order and safeguard the legitimate rights and interests of citizens, legal persons and other organizations. According to the "People's Republic of China (PRC) Public Security Management Punishment Law" and other laws and regulations, combined with the actual situation of this Municipality, the enactment of this Ordinance.

Article 2 Scope of Application These Regulations shall apply to service places, units and individuals engaged in special industries and their related management activities within the administrative area of this Municipality.

Article 3 Scope of Special Industries and Service Places The special industries and service places mentioned in these Regulations include:

(1) hotel industry;

(2) Pawnbroking industry;

(3) official seal engraving industry;

(four) scrap metal acquisition industry;

(five) consignment business, second-hand vehicles, second-hand mobile phones, second-hand notebook computers and other second-hand goods trading business;

(six) gold and silver jewelry processing and replacement industry;

(seven) motor vehicle maintenance, scrap motor vehicle recycling and dismantling industry;

(8) printing industry;

(9) Lock-unlocking industry;

(10) Business and leisure service places;

(eleven) other special industries and service places that should take specific safety management measures as stipulated by laws and regulations.

Article 4 Management System The municipal public security organ is the competent department of public security management of special trades and service places in this Municipality, and the public security organs of districts, counties and development zones are specifically responsible for the public security management of special trades and service places within their respective jurisdictions.

Industry and commerce, commerce, transportation, press and publication, human resources and social security, environmental protection, health, quality supervision, tourism and other administrative departments. Should be in accordance with their respective responsibilities, do a good job in the management of public security in special industries and service places.

Residents' committees and villagers' committees shall cooperate with public security organs to do a good job in public security management of special industries and service places.

Fifth public security science and technology promotion institutions should promote the construction of public security management information system, promote the use of security technology prevention, information management and other scientific and technological means to improve the efficiency of public security management in special industries and service places.

Article 6 Trade Associations Self-regulated hotels, pawn shops and other related trade associations shall strengthen the self-regulated management of the industry, actively cooperate with the public security organs to do a good job in the public security management of the industry, and guide and urge the operators of special industries and service places and their employees to perform their public security prevention and control responsibilities according to law.

Seventh to stop and report any unit or individual who violates the provisions on the administration of public security in special industries and service places, has the right to stop and report to the public security organs.

Article 8 The public security organs shall commend or reward units and individuals that have made remarkable achievements in public security management in special industries and service places.

Chapter II Employment Management

Article 9 Safety Conditions Whoever engages in the operation of special industries and service places shall meet the following safety conditions:

(1) Having a legally fixed business place and necessary business facilities;

(2) Having a public security responsibility institution or full-time or part-time public security personnel;

(3) Necessary facilities and equipment for property custody and public security prevention;

(4) Having a sound public security management system;

(five) equipped with identification documents and public safety information collection and transmission equipment in accordance with the provisions;

(6) Other safety conditions that should be met according to law.

Article 10 Video surveillance requires operators of special industries and service places to install video surveillance equipment in key areas such as entrances and exits, main passages, warehouses and parking lots of the business premises according to the requirements of public security organs, and ensure the normal operation of the video surveillance equipment.

Article 11 It is forbidden to set up places for purchasing scrap metal in regional mining areas, airports, military restricted zones, around large and medium-sized metal smelting and processing enterprises and near railway lines, and it is forbidden to set up places for purchasing scrap metal. The scope of the prohibited area shall be delineated by the Municipal People's Government and announced to the public.

Article 12 Employees are restricted. Employees in the unlocking industry need to receive information collection and public security training from public security organs. Persons who have been criminally punished for using unlocking technology to carry out illegal and criminal activities shall not engage in business activities in the unlocking industry.

Operators and employees of other special industries and service places who have received criminal punishment for using the industries and places to engage in criminal activities shall not engage in related business activities if the execution period has not exceeded five years.

Thirteenth units and individuals engaged in business activities such as hotels, pawns, official seals, etc. with the permission of the special trade shall obtain the special trade license issued by the public security organ according to law.

Operators who have obtained the "Special Trade License" shall apply for the "Special Trade License" in accordance with the provisions of these Regulations when establishing branches.

Article 14 Materials to be Submitted in Application for License To apply for a special trade license, a written application shall be submitted to the public security organ of the district, county or development zone where the business premises are located, and the following materials shall be submitted:

(1) Proof materials of the business place;

(2) The identity certificate of the legal representative or person in charge and its photocopy, and the certificate of no intentional criminal record issued by the public security organ of the domicile and residence;

(3) Schematic diagram of the internal structure of the business premises (including warehouses);

(4) Certification materials for installing safety technical prevention facilities and safety information reporting equipment;

(5) Business license and its photocopy;

(6) Other materials that should be submitted according to law.

Article 15 The public security organ that accepts the application for the Special Trade License shall review the materials submitted by the applicant, conduct on-site verification, and report the application materials and preliminary examination opinions to the municipal public security organ. Meet the statutory conditions, issued by the municipal public security organs "special trade license".

Article 16 Where a special trade operator who has obtained a special trade license changes or cancels its business premises, or changes its name, address, layout facilities, legal representative or person in charge, it shall apply to the public security organ of the district, county or development zone where it is located for permission to change; Those who suspend business or change jobs shall go through the cancellation procedures with the municipal public security organ within fifteen days.

Article 17 Operators of special trades and service places who do not need to obtain a special trade license for filing shall file with the public security organ of the district, county or development zone within 15 days from the date of obtaining the business license, and submit the following materials:

(1) Proof materials of the business place;

(2) Business license and approval documents of other relevant departments and their photocopies;

(three) the identity certificate of the legal representative or person in charge and its copy;

(4) Schematic diagram of the internal structure of the business premises (including warehouses);

(5) Other materials that should be submitted according to law.

The public security organ that accepts the filing shall announce the list of special industries and service places for filing to the public within fifteen days.

Before the implementation of these regulations, the operators of special industries and service places specified in the first paragraph of this article have obtained business licenses, but have not yet filed them, and shall file them in accordance with the provisions of the first paragraph of this article within three months after the implementation of these regulations.

Article 18 If the record information is changed or cancelled, and the registered operators of special industries and service places close down, close down, change jobs or change their names, addresses, layout facilities, legal representatives or persons in charge, they shall change or cancel the record information to the public security organs of their districts, counties or development zones within 15 days.

Chapter III Public Security Responsibility

Nineteenth the legal representative or person in charge of special industries and service places is the person in charge of public security, responsible for public security prevention.

Because of contracting, employment and other actual responsible for operating special industries and service places, the person in charge of operation is the same as the person in charge of public security.

Twentieth public security responsibility public security responsibility person shall bear the following responsibilities:

(a) to formulate internal public security system and post responsibility system, investigate hidden dangers of public security, and implement internal public security measures;

(two) according to the size of the unit, equipped with full-time or part-time security personnel or security guards in accordance with the relevant provisions;

(three) in accordance with the relevant provisions of the organization of employees to participate in laws, regulations and safety training, accept the public security supervision and inspection and safety guidance of public security organs.

Individual industrial and commercial households engaged in special industries and service places shall fulfill their public security responsibilities corresponding to their business scale, formulate public security preventive measures, and investigate hidden dangers of public security.

Article 21 Employment Provisions: Operators of special trades and service places and their employees shall abide by the following provisions:

(a) timely report to the public security organ the suspected illegal and criminal activities and personnel found in the business premises and business activities, as well as the suspected stolen goods or articles seized by the public security organ;

(two) in the event of public security disasters and accidents in the business premises, immediately report to the relevant departments, and organize the evacuation of the masses, maintain the order at the scene, and assist the relevant departments in the implementation of rescue and treatment;

(three) to cooperate with the public security organs to investigate and deal with suspected criminal cases, administrative cases and public security disasters.

Article 22 Real-name registration system for employees Operators of special industries and service places shall establish a list of employees, truthfully register their names, addresses, identity documents and other identity information, keep copies of resident identity cards and employment certificates for foreigners, and submit relevant information to the public security organs in a timely manner.

Employees in special industries and service places shall wear obvious work marks during business hours.

Twenty-third video surveillance data management requirements, video surveillance video data of special industries and service places shall not be deleted, disseminated or illegally used, and the storage period shall not exceed 30 days.

The video surveillance data of the pawnbroker industry shall be kept for more than 60 days.

Article 24 The client needs to engage in business activities in special industries. If the service object is an individual, the identity document shall be examined, and the name, address, identity document and service time shall be truthfully registered. If the service object is a unit, it shall examine and keep the certification materials issued by the unit, truthfully register the name, address and service time of the unit, and examine and register the identity information of the agent in accordance with the regulations.

Operators of special trades shall submit the materials specified in the preceding paragraph to the public security organ in accordance with the requirements of the public security organ.

Article 25 Where a commodity business needs to engage in business activities in a special industry, it shall truthfully register the name, quantity, specifications, recency and other information of the traded commodities or the commodities it carries, take photos and keep them before the commodities change their original appearance, and abide by the following provisions:

(1) If the articles are motor vehicles, the brand, model, color, license plate number, engine number and vehicle identification code of the vehicle shall be registered;

(2) If the articles are non-motor vehicles, the brand, model, color and code of the vehicle shall be registered, and if there is a motor vehicle, the motor vehicle number shall also be registered;

(3) If the articles are mobile phones and notebook computers, the brand, model, color and number shall be registered;

(4) If the articles are scrap metal produced in large quantities or scrap special equipment such as railways, oil fields, power supply, telecommunications, mines, water conservancy, surveying and mapping, municipal public facilities, etc., the proof of its legal source shall be checked and kept.

The photos and materials specified in the preceding paragraph shall be submitted to the public security organ in a timely manner.

Twenty-sixth prohibited transactions and projects. Operators of special industries are prohibited from engaging in and operating the following projects:

(1) Flammable and explosive articles, toxic and radioactive articles and their containers;

(2) Articles of unknown origin, suspected stolen goods or under investigation by public security organs;

(3) Valuables held by persons without or with limited capacity for civil conduct;

(4) Other articles prohibited by the state.

Operators of scrap metal purchasing industry shall be equipped with necessary radioactive detection instruments as required, and report radioactive pollutants to environmental protection departments and public security organs in a timely manner.

Article 27 The public security management of the hotel industry requires hotel operators and employees to stop passengers from bringing inflammable, explosive, toxic and corrosive dangerous goods into hotels and report to the public security organs at the same time.

Article 28 If the public security management of the official seal engraving industry needs a unit or institution to engrave the official seal, it shall go through the formalities of quasi-engraving at the local public security organ with the establishment certificate and relevant certification materials of the unit or institution.

Business operators who undertake the production of official seals shall examine and retain the certificate of quasi-engraving issued by the public security organ, and engrave it according to the contents approved by the public security organ and the prescribed procedures, and shall not entrust other units or individuals to engrave it, and shall not keep samples or imitate it themselves.

Twenty-ninth lock industry safety management requirements to operate the lock industry, shall comply with the following provisions:

(1) To undertake unlocking business, it shall be confirmed that the client has the ownership or right to use the locked object; if it cannot be confirmed, it shall be rejected;

(2) When unlocking on site, truthfully fill in the unlocking service record form, which shall be signed by the entrusted unlocking person and the unlocking technician respectively, indicating the contact information, and kept for future reference;

(3) Keeping the identity and property information of customers confidential;

(four) shall not sell or lend special unlocking tools.

Without the consent of the public security organ, no unit or individual may train or teach unlocking techniques.

Article 30 Provisions on Public Security Administration of Business Leisure Service Places The business leisure service places shall comply with the following provisions:

(a) boxes, rooms shall not be set up to hinder the overall indoor environment display screen, partition, partition, etc. In addition to the bathroom, no room in any form shall be set up;

(2) The doors and windows of the box and private room should be made of transparent materials, with a height of not less than 0.4 m and a width above the ground 1.2 m, which can show the overall environment of the indoor consumption service area. During business hours, the transparent parts of the boxes and doors and windows of the service place shall not be blocked;

(three) the doors of boxes and rooms shall not be equipped with internal locks and other devices that hinder others from entering and leaving freely;

(four) the lighting brightness in the business hall, box and private room should be able to clearly identify the overall indoor situation;

(five) in accordance with the provisions of the public security organs to post signs related to public security management;

(six) rooms and massage rooms must be clearly distinguished, and signs and signs are hung, and massage personnel are not allowed to enter the room service;

(seven) prohibit customers from staying in the massage room;

(eight) shall not engage in pornography, prostitution, whoring, gambling, drug abuse and other illegal and criminal activities in the service places or provide conditions for them.

Chapter IV Law Enforcement Supervision

Article 31 Duties of Public Security Organs The public security organs shall perform the following duties in the administration of public security in special trades and service places:

(a) to guide and supervise the operators to do a good job in internal security management and safety prevention;

(2) Organizing public security inspection;

(three) to provide free public safety knowledge training for employees;

(four) timely investigate and deal with illegal and criminal acts involving special industries and service places, and deal with public security disasters and accidents;

(five) the establishment of special industries and service places illegal warning record information system and public security management files.

Thirty-second people's police of public security organs may take the following measures when performing their duties of supervision and inspection according to law:

(a) on-the-spot inspection of the implementation of public security and safety conditions in the business premises, as well as the transactions and matters engaged in;

(two) check the employee's identity documents and work marks, and consult the employee roster, video surveillance videos and other relevant materials;

(three) ask employees, customers and related personnel;

(4) Other measures stipulated by laws and regulations.

Article 33 When public security inspection requires the people's police of public security organs to conduct public security inspection on special industries and service places, they should take the initiative to show their people's police certificates and public security inspection certificates issued by public security organs at or above the county level, and shall not engage in activities unrelated to their duties. Business operators have the right to refuse to accept the inspection if they fail to produce their certificates or relevant supporting documents.

Except for the organization or approval of the public security organ at a higher level, the public security inspection of special industries and service places shall not be carried out across administrative regions.

Article 34 Privacy Protection When conducting public security inspections and investigating cases, the people's police of public security organs should avoid or reduce the impact on the normal business activities of business operators and protect personal privacy, business reputation and business secrets according to law. The seizure and collection of articles shall go through the relevant formalities in accordance with the provisions, issue certificates, and dispose of articles in accordance with legal procedures.

Article 35 Records of supervision and inspection The people's police of public security organs shall truthfully record the results of supervision, inspection and handling. The supervision and inspection records shall be signed by the supervision and inspection personnel and the inspected, and filed for management.

Thirty-sixth departments that cooperate with the administrative departments of special industries and service places shall inform each other about the administrative licensing, filing and registration, daily supervision, law enforcement and investigation of special industries and service places; If it is found that the operators of special industries and service places have illegal acts, which are within the scope of investigation by other departments according to law, they shall promptly notify or hand them over to the relevant departments.

When public security organs conduct public security inspections, other administrative departments shall cooperate with them.

Article 37 Public security organs and their staff members shall not use their positions to designate or designate in disguise the brands, sales units, construction and installation units and maintenance units of video surveillance equipment for operators in special industries and service places, and shall not charge operators for the operation and maintenance costs of video surveillance equipment.

The people's police of public security organs shall not participate in or participate in the business activities of special industries and service places in disguised form, and shall not provide shelter for illegal and criminal activities of special industries and service places.

Thirty-eighth supervision of public security organs Any unit or individual has the right to report the acts of the people's police of public security organs in violation of the provisions of these Regulations, and the public security organs that receive the reports shall promptly investigate and deal with them.

Chapter V Legal Liability

Thirty-ninth special industries and service places violate the administration of public security, and the subject of punishment and the application of regulations shall be handled by the public security organs in accordance with the provisions of these regulations. Where laws and regulations provide otherwise, such provisions shall prevail.

Fortieth responsibility for violating video surveillance provisions In violation of the provisions of Article 10 of these regulations, if video surveillance equipment is not installed in accordance with the provisions or the video surveillance equipment is not operating normally, the operator shall be ordered to make corrections within a time limit and be given a warning. If no correction is made within the time limit, a fine of more than 1,000 yuan and less than 5,000 yuan shall be imposed.

In violation of the provisions of article twenty-third, the operator fails to save the video surveillance video data within the prescribed time limit, and shall be fined between five hundred yuan and two thousand yuan; Those who delete, disseminate, illegally use video surveillance materials or illegally disclose relevant personal information shall be fined between 5,000 yuan and 20,000 yuan.

Article 41 Anyone who engages in business activities without a special trade license violates the provisions of Article 13 of these regulations and engages in related business activities without a special trade license shall be banned, his illegal income, illegal business articles and tools and equipment directly used for illegal business operations shall be confiscated, and a fine of more than 5,000 yuan and less than 20,000 yuan shall be imposed; If the circumstances are serious, a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed.

The responsibility of not changing or canceling the license violates the provisions of Article 16 of these regulations. If the operator fails to go through the formalities of license change or cancellation, it shall be ordered to make corrections within a time limit. If no correction is made within the time limit, a fine of more than 200 yuan 1000 yuan shall be imposed.

Forty-second the responsibility of not filing, changing or canceling the filing information violates the provisions of Articles 17 and 18 of these regulations. If the operator fails to file, or fails to change or cancel the filing information, it shall be ordered to make corrections within a time limit. If no correction is made within the time limit, a fine of more than 200 yuan 1000 yuan shall be imposed.

Forty-third operators in violation of the provisions of the first paragraph of article twenty-first of this Ordinance did not report to the public security organs, the operators at more than one thousand yuan to five thousand yuan fine; If serious consequences are caused, a fine of not less than 10,000 yuan but not more than 30,000 yuan may be imposed, and at the same time, it may be ordered to suspend business for rectification.

Article 44 The responsibility for not submitting relevant information violates the provisions of the first paragraph of Article 22, Article 24 and Article 25 of these regulations. Operators of special industries and service places who fail to truthfully register and submit relevant information in accordance with the regulations shall be ordered to make corrections, and the operators shall be fined between 1000 yuan and 5,000 yuan, and the directly responsible personnel in charge and other directly responsible personnel shall be fined between 200 yuan and 500 yuan.

Forty-fifth illegal transactions, commodity liability in violation of the provisions of the third paragraph of the first paragraph of article twenty-sixth, the operator shall be fined one thousand yuan to five thousand yuan; If serious consequences are caused, a fine of not less than 10,000 yuan but not more than 30,000 yuan may be imposed, and it may be ordered to suspend business for rectification.

Article 46 Whoever, in violation of the provisions of the second paragraph of Article 28 of these regulations, engraves the official seal in violation of the responsibility of public security management, the operator of the official seal engraving industry engraves the official seal for units and individuals without accurate engraving certificate, or entrusts other units and individuals to engrave the official seal, shall be fined from 2,000 yuan to 10,000 yuan.

Forty-seventh in violation of the "lock industry security management responsibility book" provisions of article twenty-ninth, the operator shall be punished in accordance with the following provisions; If serious consequences are caused, a fine of 1 10,000 yuan but not more than 30,000 yuan may be imposed, and it may be ordered to suspend business for rectification:

(a) in violation of the first, second and third provisions of the first paragraph, a fine of not less than 1,000 yuan but not more than 5,000 yuan shall be imposed;

(2) Whoever, in violation of items 4 and 2 of the first paragraph, sells or lends special unlocking tools to unlocking practitioners who have not been filed by the public security organ, or trains and teaches unlocking techniques without the consent of the public security organ, shall be fined between 5,000 yuan and 20,000 yuan.

Forty-eighth business leisure service places in violation of public security management responsibilities, in violation of the provisions of the thirtieth paragraph of this Ordinance, shall be ordered to suspend business for rectification, and impose a fine in accordance with the following provisions:

(a) engaged in pornographic activities or provide conditions for pornographic activities, the responsible person shall be fined two thousand yuan, and the unit shall be fined ten thousand to twenty thousand yuan;

(two) to provide conditions for gambling and drug abuse, the responsible person shall be fined three thousand yuan, and the unit shall be fined twenty thousand to fifty thousand yuan;

(three) to provide conditions for prostitution and whoring, the responsible person shall be fined five thousand yuan, and the unit shall be fined ten thousand to one hundred thousand yuan.

In violation of the provisions of items 1 to 7 of Article 30 of these regulations, it shall be ordered to make corrections within a time limit, and the operator shall be fined between 2,000 yuan and 5,000 yuan. If the circumstances are serious, it shall be ordered to suspend business for rectification.

Article 49 Cancellation of special trade license The public security organ shall cancel the special trade license if the operator of the hotel industry, the pawnbroker industry and the official seal engraving industry is under any of the following circumstances:

(a) the "special trade license" has been revoked according to law;

(two) after receiving the "special trade license", it has not been opened for more than six months without justifiable reasons;

(3) It has been operating on its own for more than six months after its opening;

(four) after the expiration of the "special trade license", it fails to apply for renewal of the license for more than one month without justifiable reasons;

(5) The business license or relevant administrative license certificate is revoked according to law;

(six) other circumstances that should be cancelled according to laws and regulations.

Article 50 State functionaries shall bear the responsibility. People's police of public security organs who violate the provisions of these regulations shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

If the public security organ and its people's police illegally exercise their functions and powers and infringe upon the legitimate rights and interests of citizens, legal persons or other organizations and cause losses, they shall make compensation according to law.

Chapter VI Supplementary Provisions

Article 51 Operators mentioned in these Regulations include enterprises, individual industrial and commercial households and other business entities.

The hotel industry as mentioned in these Regulations refers to an operating entity that provides accommodation services on a daily or hourly basis. Including hotels, restaurants, hotels, guest houses, guest houses, hotels, resorts, villas, sanatoriums, clubs, reception stations and bathing and other business units that provide accommodation services. Other business units such as bathhouses, foot baths and massage places that allow customers to stay and rest from 2 am to 8 am, as well as apartments, daily rental houses and lounges that provide daily or hourly accommodation services, shall be managed in accordance with the provisions of the hotel industry.

The term "official seal" as mentioned in these Regulations refers to the legal name seal of units and institutions, the special business seal, contract seal, financial seal and invoice seal with the legal name of units and institutions, and the legal name seal of individual industrial and commercial households. The seals (including signature seals) of the legal representatives, responsible persons, financial personnel and other relevant personnel of units or institutions specializing in official business shall be managed in accordance with the relevant provisions of the state.

The term "business leisure service places" as mentioned in these Regulations refers to places that provide massage services such as sauna, bathing, pedicure, beauty, hairdressing, fitness and health preservation.

Article 52 These Regulations shall come into force as of the date of promulgation.