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Legal analysis: The National People's Congress has not yet formulated and promulgated legal norms for the management of Internet cafes in China; The normative laws and closed legal documents that are now in effect and implemented mainly include the "Regulations on the Administration of Business Premises for Internet Access Services", which has been promulgated and implemented
Legal basis: Regulations on the Administration of Business Premises for Internet Filial Piety Internet Services
Article 2: "Internet access service business premises" as used in these Regulations refers to Internet cafes, computer lounges, and other commercial establishments that provide Internet access services to the public through computers and other devices. Venues attached to schools, libraries, and other units that provide online services for specific targets to obtain materials and information shall comply with relevant laws and regulations, and these Regulations do not apply.
Article 3: Business units of Internet access service business premises shall comply with the provisions of relevant laws and regulations, strengthen industry self-discipline, conscientiously accept the supervision and management carried out by relevant departments in accordance with law, and provide good services to online consumers.
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Regulations on the Administration of Business Premises for Internet Access Services
Article 22: The daily business hours of Internet access service business establishments are limited to 8 a.m. to 24 p.m.
Article 31: Where business units operating Internet access service establishments violate the provisions of these Regulations by committing any of the following acts, the administrative departments for culture are to give warnings and may concurrently impose a fine of up to 15,000 RMB; and where the circumstances are serious, order a suspension of business for rectification, up to the revocation of the "Online Culture Business License".
1) It is open outside the prescribed business hours;
2) Accepting minors into the business premises;
3) Operating non-online games;
4) Stopping the implementation of technical measures for business management without authorization;
5) Failure to hang an "Online Culture Business Permit" or a sign prohibiting minors from entering.
Article 32: Where business units operating Internet access service establishments violate the provisions of these Regulations by committing any of the following acts, the administrative departments for culture and public security organs are to give warnings on the basis of their respective powers and may give a concurrent fine of up to 15,000 RMB; and where the circumstances are serious, order a suspension of business for rectification, until the administrative department for culture revokes the "Online Culture Business License".
1) The computers provided to online consumers are not connected to the Internet through local area networks;
2) Failure to establish an on-site inspection system, or failure to stop the illegal conduct of online consumers and report it to the administrative departments for culture or public security organs;
3) Failure to follow provisions to check or register online consumers' valid identification documents or record information related to online use;
4) Failing to keep a backup of the registration content or records for the prescribed time, or modifying or deleting the registration content or recording backup during the retention period;
5) Changing the name, domicile, legal representative or principal responsible person, registered capital, network address, or terminating business activities, without going through the relevant formalities or filing with the administrative department for culture or public security organs.
1. How to punish Internet café units for violating the law.
For Internet cafes that are open continuously for 24 hours, the penalty is a warning, and a fine of up to 15,000 may be imposed concurrently, and if the circumstances are serious, they shall be ordered to suspend business for rectification, and even revoke the "Internet Culture Business License".
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Implement a licensing system for the business activities of Internet access service business premises. Without permission, no organization or individual may set up an Internet access service business site, and must not engage in Internet access service business activities. Article 8: The establishment of business units for Internet access services shall adopt the organizational form of the enterprise and meet the following requirements:
1) Have the name, domicile, organizational structure and articles of association of the enterprise;
2) Have funds suitable for their business activities;
3) There are business premises that are suitable for their business activities and meet the fire safety conditions stipulated by the state;
4) Have a complete and complete information network security management system and security technical measures;
6) There are safety management personnel, management personnel, professional and technical personnel who are suitable for their business activities and have obtained qualifications;
7) Other conditions stipulated by laws, administrative regulations and relevant departments.
The minimum business area, the number of computers and other devices and ancillary equipment, and the standards for the area of a single machine for Internet access service business premises shall be prescribed by the administrative department of culture.
In addition to the requirements provided for in paragraphs 1 and 2 of this article, business units that approve the establishment of Internet access service business premises shall also comply with the provisions of the administrative departments for culture and the people's administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government.
Article 11 The administrative department of culture shall make a decision within 20 working days from the date of receipt of the application for establishment; After review, if the conditions are met, an approval document agreeing to be prepared will be issued.
After the applicant completes the preparation, he or she shall apply for information network security and fire safety review to the public security organ at the same level with the approval document agreeing to the preparation. The public security organs shall make a decision within 20 working days of receiving the application; After on-site inspection and review, the approval document will be issued.
The applicant shall apply to the cultural administrative department for final review with the approval documents of the public security organ. The administrative department for culture shall make a decision in accordance with the provisions of Article 8 of these Regulations within 15 working days of receiving the application; Those who pass the on-site inspection and review will be issued with an "Internet Culture Business License".
For the applicant's application, if the administrative department of culture does not meet the requirements after review, or the public security organ fails to meet the requirements after review, it shall separately explain the reasons in writing to the applicant.
The applicant shall apply for registration with the administrative department for industry and commerce with the "Network Culture Business License", and only after obtaining the business license in accordance with the law can the applicant start business.
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