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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 08:24
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Chapter Law Content

CHAPTER II REGISTRATION AND REVIEW
Article 6
A manufacturer, importer or software development vendor of electronic game machines shall apply with the central governing authority for issuance of categorization review papers for the software before production or import; it shall also apply with the central governing authority for inspection upon shipping or importing, where the qualified products will be issued the machinery category identification certificate, except for production of electronic game machines exclusively for export.
For the inspection set forth in the preceding Paragraph, the central governing authority may entrust relevant organizations for assistance.
To perform the categorization review set forth in Paragraph 1, the central governing authority shall establish a review committee, of which the organization and review operating procedure shall be established by the central governing authority.
The central governing authority shall finalize the decision regarding the categorization review and announce the result of the categorization review within thirty days from the day it accepts the review application.
The manufacturer or importer set forth in Paragraph 1 shall apply for inspection on machine configuration in accordance with the Commodity Inspection Act.
Article 7
An operator of electronic game arcade business may not display or use electronic game machines that have not been reviewed, categorized and announced by the central governing authority, and may not arbitrarily modify electronic game machines that have been reviewed and categorized.
For the electronic game machine of which the machinery configuration or software has been modified, it shall be considered a new machine model, and shall immediately apply for inspection and categorization review in accordance with pertinent rules.
Article 8
In the course of application to set up an electronic game arcade, its place of business shall comply with the following rules:
(1) For the place of business that is located in an area where urban planning is enforced, it shall comply with the Urban Planning Act and the rules governing zoning of urban land; for the place of business in a non-urban-planning area, it shall comply with the Area Planning Act and the rules governing control on use of non-urban land.
(2) The structure and equipment of the building for the place of business shall comply with construction laws and regulations.
(3) Fire safety equipment in the place of business shall comply with fire safety laws and regulations.
Article 9
The place of business of an electronic game arcade business shall maintain a distance of no shorter than fifty meters from any junior high or elementary school, high school, vocational school, or hospital.
The distance set forth in the preceding Paragraph shall be linearly measured against the closest two points between borderlines of the two construction sites.
Article 10
An operator of electronic game arcade business shall conduct company or business registration; the name and business items of the company or business shall clearly state that it is an electronic game arcade business.
The preceding Paragraph regarding the name also applies when the company or business files for registration of change for increase of business items of the electronic game arcade business.
Article 11
After an electronic game arcade business has completed company or business registration in accordance with law, it shall fill an application, attached by documents confirming that its place of business complies with Article 8 Subparagraph (1) and Subparagraph (2), to apply for issuance of the business rating certificate for electronic game arcade business and conduct registration of the following matters with the governing authority in the centrally-governed city or the county (city) before it may commence operations:
(1) Name of the electronic game arcade business.
(2) Business rating.
(3) Machinery category.
(4) Representative, if the electronic game arcade business is organized as a company; person-in-charge, if it is organized as a business.
(5) Manager of the place of business.
(6) Address and area of the place of business.
Only one electronic game arcade business may be set up under the same door plate.
When registered matters set forth in Subparagraphs of Paragraph 1 incur any change, registration of change shall be completed in advance.
When the governing authority voids or revokes company or business registration matters of an electronic game arcade business in accordance with law, the authority shall simultaneously void or revoke its business rating certificate for electronic game arcade business.
Article 12
For the person-in-charge or the manager of the place of business of an electronic game arcade business that incurs any of the following situations, he or she may not assume the position; for the said person that has assumed the position, he or she shall certainly be dismissed:
(1) The person has no legal capacity, has limited legal capacity, or has been declared under assistance.
(2) The person has committed a crime prescribed by the Organized Crime Prevention Act or the Statute Governing the Control and Prohibition of Gun, Cannonball and Knife, and has been convicted under final and unappealable judgment.
(3) The person has committed a crime under Chapter XVI of the Criminal Code regarding offenses against sexual autonomy, under Chapter XVI-1 of the Code regarding offenses against morals, under Chapter XVII Articles 240 to Article 243, Chapter XXI Article 268 or Chapter XXVI Article 298 Paragraph 2, under the Child and Youth Sexual Transaction Prevention Act, or Child and Youth Sexual Exploitation Prevention Act, where it has been less than five years since he or she was convicted under final and unappealable judgment with the sentence enforced or since he or she was granted a pardon, or where he or she was declared a suspended-sentence that has not yet expired.
(4) The person has committed a crime under the Tobacco and Narcotics Clearance Act or the Anesthetic Drug Regulation Act, where it has been less than five years since he or she was convicted under final and unappealable judgment with the sentence enforced or since he or she was granted a pardon, or where he or she was declared a suspended-sentence that has not yet expired.
(5) The person has committed a crime under the Narcotics Hazard Prevention Act, where it has been less than five years since he or she completed observation, abstention, correction or mandatory treatment, or was convicted under final and unappealable judgment with the sentence enforced or since he or she was granted a pardon, or where he or she was declared a suspended-sentence that has not yet expired.
(6) The person has been finally and unappealably sentenced for imprisonment of not less than five years, where it has been less than five years since the sentence was enforced or a pardon was granted.
(7) The person has operated an electronic game arcade business, where it has been less than three years since its profit-seeking enterprise registration, business rating certificate or business rating certificate for electronic game arcade business was voided or revoked.
In any of the events provided by Subparagraphs of the preceding Paragraph, the electronic game arcade business shall make improvement within fifteen days from the day following the day the fact occurs; for the arcade business that fails to make improvement by the specified deadline, the governing authority in the centrally-governed city or the county (city) shall order it to make improvement by another deadline; for the arcade business that fails to make improvement by the deadline, its business rating certificate for electronic game arcade business and company or business registration shall be revoked.
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