【法规名称】
【法规编号】 81867 什么是编号？
【正 文】
第2页 CAP 573 KARAOKE ESTABLISHMENTS ORDINANCE
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[接上页] (b) be made by reference to or in respect of any person; (c) be made subject to such conditions; (d) be made subject to such geographical limitations; (e) have effect for such period; or (f) have such general, particular or partial application,as may be indicated in the order and, if made by reference to or in respect of any person, shall be served on the person by reference to or in respect of whom it is made. (4) A person who immediately before the date of commencement of section 4 was operating, keeping, managing or otherwise controlling a karaoke establishment in any premises may continue to operate that karaoke establishment without having to comply with any of the conditions indicated in section 4(2)- (a) during the period of 12 months beginning with that date; and (b) if within that period application is made to the licensing authority under section 5(1) for the grant of a permit or the issue of a licence in respect of that karaoke establishment, until that application is finally disposed of or withdrawn and, if the application is refused under section 5(2), for a further period of 12 months beginning with the date of the written order made under section 5(6).(5) An application made to the licensing authority by virtue of subsection (4)(b), shall be acknowledged by the licensing authority in such form and manner as he may determine. Cap 573 s 4 Restriction on operating karaoke establishment except with permit or licence PART II RESTRICTION ON OPERATION OF KARAOKE ESTABLISHMENTS (1) Any person who on any occasion operates, keeps, manages or otherwise has control of a karaoke establishment in respect of which none of the conditions indicated in subsection (2) have been satisfied commits an offence and is liable- (a) on first conviction, to a fine at level 5 and to imprisonment for 6 months; and (b) on a second or subsequent conviction, to a fine at level 6 and to imprisonment for 1 year,and in the case of a continuing offence, to a further daily fine of $2000 for each day during which the offence continues. (2) The conditions referred to in subsection (1) are- (a) that a provisional permit has been granted under section 9 in respect of the karaoke establishment and is for the time being in force; (b) that a permit has been granted under section 5(2)(a) in respect of the karaoke establishment and is for the time being in force; (c) that a provisional licence has been issued under section 9 in respect of the karaoke establishment and is for the time being in force; or (d) that a licence has been issued under section 5(2)(c) in respect of the karaoke establishment and is for the time being in force.(3) It shall not be a defence that a person charged with an offence under subsection (1) did not know that none of the conditions indicated in subsection (2) had been satisfied. Cap 573 s 5 Application for permit or licence PART III APPLICATION FOR GRANT OF PERMIT OR ISSUE OF LICENCE (1) An application by a person for- (a) the grant of a permit; or (b) the issue of a licence,under this Ordinance in respect of a karaoke establishment shall be- (i) made to the licensing authority in such form and manner as the licensing authority may determine; (ii) accompanied by such prescribed information, particulars and plans as may be required; and (iii) accompanied by the prescribed fee payable for the grant of a permit or the issue of a licence, as the case may be.(2) Subject to subsections (3) to (5) and to any prescribed requirements, the licensing authority may- (a) grant a permit; (b) refuse to grant a permit; (c) issue a licence; or (d) refuse to issue a licence,and, where a permit is granted or a licence is issued, may impose such conditions, in relation to the operation, keeping, management or other control of a karaoke establishment, as he thinks fit. (3) The licensing authority shall not grant a permit or issue a licence unless he is satisfied that the application has been made in accordance with subsection (1) and, in relation to the proposed operation of the karaoke establishment, that- (a) the person making that application is a person who- (i) is a fit and proper person to operate the karaoke establishment; (ii) will adequately supervise or will ensure the adequate supervision of the operation of the karaoke establishment; (iii) is not the agent, representative or servant of any person whose permit or licence has been revoked or whose application to renew a permit or a licence has been refused under section 10; and(b) the place of the proposed operation is- (i) suitable for the operation of the karaoke establishment; (ii) located in an area suitable for the operation of the karaoke establishment.(4) A permit may only be granted in respect of a karaoke establishment the place of the proposed operation of which is located in- (a) premises in respect of which a licence for the operation of a restaurant has been granted under the Public Health and Municipal Services Ordinance (Cap 132) and is for the time being in force; |
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