ENTERTAINMENT (FEDERAL TERRITORY OF KUALA LUMPUR) ACT 1992

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 493 ENTERTAINMENT (FEDERAL TERRITORY OF KUALA LUMPUR) ACT 1992 As at 1 February 2013 2 ENTERTAINMENT (FEDERAL TERRITORY OF KUALA LUMPUR) ACT 1992 … … … 1 September 1992 Date of publication in the Gazette … … 3 September 1992 Latest amendment made by Act A1194 which came into operation on … … … … 1 April 2004 Date of Royal Assent … … PREVIOUS REPRINTS First Reprint … … … … … 2002 Second Reprint … … … … … 2006 3 LAWS OF MALAYSIA Act 493 ENTERTAINMENT (FEDERAL TERRITORY OF KUALA LUMPUR) ACT 1992 ARRANGEMENT OF SECTIONS Section 1. Short title, application and commencement 2. Interpretation 3. Power of Minister to issue directions 4. Requirement for licence 5. Application for licence 6. Power to require information 7. Duration of licence 8. Licence to be exhibited 9. Licence not renewable as of right 9A. Transfer of licence 10. Security 11. Revocation of licence 12. Appeal 13. Prohibition to sell, etc., ticket for an entertainment and to advertise or publicize before licence is obtained 14. Restriction on the unauthorized sale of tickets 14A. Prohibition on the sale of intoxicating liquor to person under the age of twenty-one 15. Exemption 16. Power of entry and investigation 17. Power of closure 18. Power to demand particulars 4 Laws of Malaysia ACT 493 Section 19. Power of arrest 20. Search 21. Power of seizure 22. Things seized liable to forfeiture 23. Court to order release or forfeiture of things seized 24. Things seized in respect of which there is no prosecution deemed to be forfeited if not claimed within one month 25. Obstruction 26. Liability of director, etc. 27. Prosecution 28. Compounding of offences 29. General penalty 29A. Jurisdiction of court of First Class Magistrate 30. Power to make rules 31. Repeal and saving 5 LAWS OF MALAYSIA Act 493 ENTERTAINMENT (FEDERAL TERRITORY OF KUALA LUMPUR) ACT 1992 An Act to provide for the licensing and regulation of entertainment and places of entertainment and matters incidental thereto. [1 October 1993, P.U. (B) 393/1993] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: Short title, application and commencement 1. (1) This Act may be cited as the Entertainment (Federal Territory of Kuala Lumpur) Act 1992. (2) This Act shall apply only to the Federal Territory of Kuala Lumpur*. (3) This Act shall come into force on such date as the Minister may, by notification in the Gazette, appoint. Interpretation 2. In this Act, unless the context otherwise requires— NOTE—Application to Federal Territory of Labuan with modification — see P.U.(A) 395/2010 with effect from 1 January 2011. * 6 Laws of Malaysia ACT 493 “authorized person” means any person specially authorized by the Commissioner in writing in that behalf; “Commissioner” means the Commissioner of the City of Kuala Lumpur appointed under section 4 of the Federal Capital Act 1960 [Act 190]; “court” means a court of a Magistrate of the First Class; “entertainment” includes— (a) plays, operas, pantomimes, variety acts, performances of music, singing, dancing, gymnastics, martial art demonstrations, acrobatics and legerdemain, beauty contests, tableaux, demonstrations, displays and parades, in which living persons take part; (b) displays of fireworks, set pieces, commemorative decorations and representations of real or mythical creatures; (c) circuses and exhibitions of animals; (d) exhibitions of models, reading matter, pictures, photographs or of statuary or other forms of representation of human or animal figures; (e) exhibitions of cinematograph films, video movies and puppet-shows; (f) reproductions or transmissions otherwise than in association with a cinematograph film, by any means whatsoever other than telephony or radio telephony, of any music, song or speech; (g) machines and devices by the manipulation of which chances are given of obtaining prizes in money or kind; (h) pin-table and video games; Entertainment (Federal Territory of Kuala Lumpur) (i) sporting contests of any kind between any number of persons or animals; (j) organized competitions at games of skill or chance; (k) trade fairs consisting of the exhibition, advertisement or sale of the products of industries or of materials; (l) any combination of any of the above forms of entertainment; (m) any other entertainment which the Minister may, from time to time by order in the Gazette, declare, in any place to which members of the public are admitted with or without payment of money or other consideration; “Minister” means the Minister responsible for the local government of the Federal Territory of Kuala Lumpur; “pin-table” means any coin or disc operated table, board or other appliance designed to enable the operator to play a game, success in which is measured by the propulsion of one or more movable objects towards targets or goals or by the attainment of a number of points or by both; “place of entertainment” means any place on which there is any erection or structure, any premises or building whether temporary or permanent or any waterborne craft or other place in or at which an entertainment is provided and to which the public are admitted with or without payment for admission, and includes an amusement park. Power of Minister to issue directions 3. The Minister may from time to time give the Commissioner directions of a general character, and not inconsistent with the provisions of this Act, as to the exercise of the powers and discretions conferred on the Commissioner by this Act or any rules made 7 8 Laws of Malaysia ACT 493 thereunder and the Commissioner shall give effect to all such directions. Requirement for licence 4. (1) No person shall provide entertainment in any place of entertainment unless the Commissioner has granted— (a) a licence in respect of such entertainment; and (b) a licence to open such place of entertainment. (2) Any person who contravenes this section shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than ten thousand ringgit but not more than fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both. (3) For the purpose of this section, if entertainment is provided in any place of entertainment— (a) the owner, lessee, principal tenant, occupier or manager, as the case may be, of a place of entertainment; or (b) in the absence of the persons referred to in paragraph (a), any person who appears to have the care and management of the place of entertainment, shall be deemed to have provided such entertainment. Application for licence 5. (1) An application for a licence under subsection 4(1) shall be made in the prescribed form and shall be submitted to the Commissioner. Entertainment (Federal Territory of Kuala Lumpur) (2) The Commissioner may, in his discretion, grant a licence with or without attaching any condition or conditions thereto or refuse to grant such a licence. (3) Where application for a licence is granted, such licence shall be issued upon payment of the prescribed fee. (4) No entertainment licence shall be granted under this Act unless a licence has been obtained from the Commissioner to open the place of entertainment at which that entertainment is going to be provided. (5) The Commissioner shall pay all moneys collected under this section into the fund constituted under any law relating to local government. Power to require information 6. (1) For the purpose of considering an application for an entertainment licence, the Commissioner may require the applicant to furnish to him the script, if any, and such information as he may specify relating to the following matters: (a) particulars of persons concerned in the promotion of the entertainment and the interests represented by those persons; (b) particulars of the persons who have agreed to participate or have participated in the entertainment or have been invited to do so and the interests represented by those persons; and (c) the purpose to which any profits from the entertainment are intended to be or have been applied. (2) For the purpose of this section, the expression “script”, in relation to a performance of a play, means the text of the play (whether expressed in words or in musical or other notation) together with any stage or other directions for its performance, whether contained in a single document or not. 9 10 Laws of Malaysia ACT 493 (3) For the purpose of considering an application for a licence to open an entertainment place, the Commissioner may require the applicant to furnish to him such additional information as he may require. Duration of licence 7. A licence issued under this Act shall be for such period as the Commissioner may determine. Licence to be exhibited 8. A licence issued under this Act shall at all times be exhibited at a conspicuous place in the place of entertainment. Licence not renewable as of right 9. A licence shall not be renewable as of right and an application to renew a licence shall be treated as an application for a licence. Transfer of licence 9A. A licensee shall not transfer his licence to any person unless he has obtained prior written approval from the Commissioner. Security 10. (1) The Commissioner may require any person to whom a licence is granted to give security in such form as he may determine to ensure that the conditions or restrictions of the licence and the provisions of this Act or any rules made thereunder are duly observed. Entertainment (Federal Territory of Kuala Lumpur) 11 (2) The Commissioner may, after giving the person a right to be heard, forfeit the security in whole or in part if he is satisfied that there has been any breach of the conditions or restrictions of the licence or a contravention of the provisions of this Act or any rules made thereunder: Provided that nothing in this section shall be construed so as to preclude any person from liability to prosecution. (3) The Commissioner shall pay all the securities forfeited under this section into the fund constituted under any law relating to local government. Revocation of licence 11. (1) The Commissioner may at any time revoke an entertainment licence or a licence to open a place of entertainment or both if there has been a breach of the conditions or restrictions of the licence or licences or a contravention of any of the provisions of this Act or any rules made thereunder. (2) Service of a notice of revocation of a licence shall be effected by— (a) affixing a copy thereof at the place of entertainment; (b) serving a copy thereof on the person who appears to have the care and management of the place of entertainment; and (c) serving a copy thereof on the licensee himself in the case where the licensee and the person referred to in paragraph (b) is not the same person. Appeal 12. An applicant whose application for the grant of an entertainment licence or a licence to open an entertainment place 12 Laws of Malaysia ACT 493 under this Act is refused, or a holder of a licence which is revoked, or any person aggrieved by the imposition of any conditions or restrictions on or subject to which a licence is granted or any person who is aggrieved by the forfeiture of security under section 10, may, within thirty days after being informed in writing of the refusal, or revocation, or the imposition of the conditions or restrictions, or forfeiture, as the case may be, appeal against such decision to the Minister, who shall confirm or set aside the decision; and the decision of the Minister shall be final and shall not be questioned in any court. Prohibition to sell, etc., ticket for an entertainment and to advertise or publicize before licence is obtained 13. (1) It shall be unlawful for any perso