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

Print Time:2024/11/22 08:48
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Chapter Law Content

Chapter III The Operation and Management of Tourist amusement enterprises
Article 18
A tourist amusement enterprise shall display the exclusive trade logo for tourist amusement enterprises in a conspicuous position at its entrance.
The aforementioned exclusive trade logo for tourist amusement enterprises shall be issued by the administrative authority together with the tourist amusement enterprise operating license.
In case a tourist amusement enterprise is ordered to cease operation or its operating license is revoked, it shall return the exclusive trade logo for tourist amusement enterprises within two months from the day on which it receives notification of such penalty.
In case the enterprise fails to return the exclusive trade logo for tourist amusement enterprises as the foregoing paragraph requires, the administrative authority shall announce the nullification of its right to use the exclusive trade logo for tourist amusement enterprises that is required to be returned, and the tourist amusement enterprise may not continue using it.
The form of the exclusive trade logo for tourist amusement enterprises is shown in the annexed illustration. When the form of the logo is altered by the amendment of these Regulations, a tourist amusement enterprise shall return the original exclusive trade logo for tourist amusement enterprises within three months of the day on which the amendment goes into effect, and apply for its replacement; in case a tourist amusement enterprise fails to return the exclusive trade logo for tourist amusement enterprises that is required to be returned, the administrative authority shall announce the nullification of the enterprise’s right to use the logo, and the enterprise may not continue using it.
Article 18-1
After a tourist amusement enterprise has obtained the exclusive trade logo for tourist amusement enterprises in accordance with the provisions of the preceding paragraph, it may apply for additional such logos in accordance with the number of conspicuous places for entry to its place of operation by submitting an application form to the authority that issued its operating license.
Article 19
A tourist amusement enterprise shall display its business hours, ticket prices, services items, boundary map of its service area, instructions for use of its amusement grounds and tourist amusement facilities, and maintenance or repair notices, according to the nature of each, at its ticket booths and entrances, on its website if one has been set up, and in other appropriate and conspicuous places. The same requirement applies when the aforesaid information is changed.
A tourist amusement enterprise shall report to the local competent authority, for recordation, its business hours, ticket prices, a boundary map of its service area, and any maintenance or repair of tourist amusement facilities taking more than thirty days. The same requirement applies when the aforesaid information is changed.
When the local competent authority records the information as referred to in the preceding paragraph, it shall transmit a copy thereof to the Tourism Administration of MOTC.
Article 19-1
When a tourist amusement enterprise plans to host a specified event within its grounds, it shall apply for approval to the local administrative authority thirty days in advance, submitting a safety management plan with the application.
After the local administrative authority has approved an event as referred to in the preceding paragraph, it shall report this to the Tourism Administration, MOTC for reference filing.
The types of specified event and the content of the safety management plan as referred to in the first paragraph shall be determined by the MOTC in consultation with the relevant authorities and shall be publicly announced.
When the local administrative authority is reviewing the plan referred to in the first paragraph, it may do so in consultation with the local police, fire protection, building management, health, and other relevant authorities according to the content of the plan.
Article 20
A tourist amusement enterprise shall purchase liability insurance, with coverage and minimum insured amounts as follows:
(1) For bodily injury or death per person: Three million NT dollars.
(2) For bodily injury or death per incident: Thirty million NT dollars.
(3) For property damage or loss per incident: Two million NT dollars.
(4) Total insured amount for the period of coverage: Sixty-four million NT dollars.
A tourist amusement enterprise shall submit documentary proof of its annual purchase of liability insurance to the local administrative authority for reference filing.
When the local administrative authority receives and files the documents referred to in the preceding paragraph, it shall deliver a copy to the Tourism Administration, MOTC.
When hosting a specified event as referred to in the first paragraph of Article 19-1, a tourist amusement enterprise shall additionally purchase liability insurance for the event. Its coverage and minimum insured amounts shall be governed mutatis mutandis by the provisions of Paragraph 1, except that the total insured amount for the period of coverage shall be thirty-two million NT dollars. However, when other central laws or regulations or local autonomous laws or regulations apply, those laws or regulations shall be observed.
Article 21
In the event that, after a tourist amusement enterprise begins operation, owing to a change in the content of its corporate registration or for any other reason, it is necessary for the content of its tourist amusement enterprise business license to be changed, the enterprise shall, within 15 days after the procedure for changing the corporate registration has been completed or the occurrence of other reason, produce the following documents with which to apply to the administrative authority for the change and the reissuance of its tourist amusement enterprise business license.
1. Completed application form for changing the tourist amusement enterprise business license.
2. Documentary proof of the corporate registration.
3. The tourist amusement enterprise business license previously issued.
4. Other related documentary proofs.
In the case that the tourist amusement enterprise changes its name, the procedures required by the preceding paragraph shall apply and, in addition, the previously issued exclusive trade logo for tourist amusement enterprises shall be submitted for re-issuance.
Article 22
A tourist amusement enterprise shall inform the local administrative authority of its service logo or enterprise name before using them in promotion or advertising campaigns. The same rule applies when changes occur to such service logo or enterprise name.
When the local administrative authority receives the abovementioned information and puts it into file, a copy of such information shall be provided to the Tourism Administration of MOTC.
Article 23
The tourist amusement facilities operated by a tourist amusement enterprise may be leased, operated by another party under commission, or transferred only in their entirety;they shall not be leased, operated by another party under commission, or transferred in separate parts to different parties. Such prohibition does not apply provided approval is given by the administrative authority.
When a tourist amusement enterprise leases, commissions the operation, or transfers the ownership of its tourist amusement facilities to another party in their entirety, both parties shall produce the following documents with which the application for approval is to be filed with the administrative authority:
1. A photocopy of the contract.
2. The minutes of shareholders meeting or written agreement of shareholders of the lessor, commissioning party or transferer of ownership.
3. The operation and management plan and financial plan of the lessee, commissioned party, or transferee of ownership.
4. Other related documents.
The party to which the facilities are leased, or that is commissioned to operate them, or that receives the transfer of ownership, shall complete the legal procedures of corporate establishment registration or change of registration within two months after receiving the approval for the application as referred to in the preceding paragraph. Both parties shall produce the following documents for filing with the application with the administrative authority for the license of tourist amusement enterprise:
1. Completed application form for tourist amusement enterprise operating license.
2. The operating license for tourist amusement enterprise previously issued.
3. Documentary proof of the corporate registration of the lessee, commissioned party, or transferee of ownership.
The time period for completing the procedures as described in Paragraph 3 may be extended by two months provided the lessee, commissioned party, or transferee of ownership has applied for extension based on appropriate reasons, and received approval. The extension can only be made once.
Article 24
In the event that the tourist amusement facilities operated by a tourist amusement enterprise are auctioned off by a court or taken over by a debtor in accordance with the law, the purchaser or receiver of the ownership, when applying for continued operation of the tourist amusement enterprise, shall produce the certificate for real estate ownership transfer and document proof for the ownership with which the purchaser or receiver shall follow the related procedures for establishing a tourist amusement enterprise to file application with the administrative authority for approval of such establishment and issuance of license. When a third party gains the ownership of the tourist amusement enterprise from the above purchaser or receiver, or is commissioned to operate the enterprise by the above purchaser or receiver, that third party shall follow the same procedures.
In an application as described in the previous Paragraph, in case the tourist amusement facilities is not subject to change of use, the review procedure shall apply the laws and regulations pertaining to the original application for the establishment. In the event in which the tourist amusement facilities is subject to change of use, the effective laws and regulations at the time of the application shall apply.
Article 25
In the event that a tourist amusement enterprise temporarily suspends its operation for more than one month, the enterprise shall file a report with the local administrative authority stating in detail the reasons for the suspension, and shall produce along with the report the minutes of the shareholders meeting or written agreement of its shareholders.
The period of suspended operation as described in the preceding paragraph shall not exceed one year. Should there be legitimate reason, the enterprise may apply for an extension, the duration of which shall not exceed one year. The application for such an extension shall be filed within fifteen days before the original period expires.
After the period of above-mentioned suspension expires, the enterprise shall file for resumption of operation with the local administrative authority within fifteen days.
In the event that the enterprise delays in filing a report on the suspension in accordance with Paragraph 1 or in applying for resumption of operation in accordance with the preceding paragraph for more than six months, the local administrative authority shall inform the administrative authority to invalidate the approval of establishment, the approval of business plan, and the business license of such enterprise.
When the local administrative authority approves the suspension or resumption of operation, a copy of such approval notice shall be sent to the Tourism Administration, MOTC.
Article 26
In the event that a tourist amusement enterprise terminates its operation for some reason, the enterprise shall apply to the administrative authority for termination of operation and for invalidation of its approval of establishment, approval of business plan, and operating license, submitting the following documents with the application:
1. The originally issued tourist amusement enterprise operating license.
2. Minutes of the shareholders meeting, written agreement of shareholders, or certificate of transfer of rights issued by a court.
3. Other relevant documents.
When the administrative authority approves termination and invalidation as described in the previous paragraph, it shall copy notification of such decision to the relevant authorities.
When a tourist amusement enterprise terminates operation and fails to apply as stipulated in Paragraph 1 within six months, the administrative authority shall revoke its approval of establishment, approval of business plan, and operating license.
Article 27
After the commencement of operation, a tourist amusement enterprise shall submit its monthly reports on revenue, number of visitors and number of employees to the local administrative authority by the tenth of every month; its annual balance sheet and financial report shall be submitted by June of the following year. The local administrative authority shall make a compilation of the monthly reports of the tourist amusement enterprises in its jurisdiction for submission to the Tourism Administration of MOTC by the fifteenth of every month.
Article 28
In the event that a tourist amusement enterprise joins a domestic or international franchise, the enterprise shall submit a report to the local administrative authority for file along with the contract and other documents after due procedures are completed in accordance with the law.
When the local administrative authority puts on file the report as described in the previous Paragraph, a copy of such information shall be sent to the Tourism Administration of MOTC.
Article 29
Tourist amusement enterprises may establish well-designed guidance and tourism information service systems, and sponsor the marketing and promotion campaigns organized under the guidance of the administrative authority.
Article 30
In the event that a trade union or similar forms of organization with legal person status is formed among tourist amusement enterprises, the operation of the organization shall be subject to the supervision of the administrative authority.
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