*ENTERTAINMENT (FEDERAL TERRITORY OF KUALA LUMPUR) ACT 1992

This Act shall apply only to the Federal Territory of Kuala

Lumpur*.

This Act shall come into force on such date as the Minister may, by notification in the Gazette, appoint.

Interpretation

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;

displays of fireworks, set pieces, commemorative decorations and representations of real or mythical creatures;

circuses and exhibitions of animals;

exhibitions of models, reading matter, pictures, photographs or of statuary or other forms of representation of human or animal figures;

exhibitions of cinematograph films, video movies and puppet-shows;

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;

machines and devices by the manipulation of which chances are given of obtaining prizes in money or kind;

pin-table and video games;

Entertainment (Federal Territory of Kuala Lumpur) 7

sporting contests of any kind between any number of persons or animals;

organized competitions at games of skill or chance;

trade fairs consisting of the exhibition, advertisement or sale of the products of industries or of materials;

any combination of any of the above forms of entertainment;

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

a licence in respect of such entertainment; and

a licence to open such place of entertainment.

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.

For the purpose of this section, if entertainment is provided in any place of entertainment—

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.

Where application for a licence is granted, such licence shall be issued upon payment of the prescribed fee.

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.

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

particulars of persons concerned in the promotion of the entertainment and the interests represented by those persons;

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

the purpose to which any profits from the entertainment are intended to be or have been applied.

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.

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Laws of Malaysia ACT 493

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

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.

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

Service of a notice of revocation of a licence shall be effected by—

to give, distribute, sell or offer for sale any ticket for admission to, or invite any person to any entertainment or to cause to be made such gift, distribution, sale, offer or invitation; or

in any manner whatsoever to advertise or publicize or to cause to be advertised or publicized any entertainment to be performed in a place of entertainment, unless there has been a licence granted under section 4 in respect of that entertainment.

Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than five thousand ringgit but not more than fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Restriction on the unauthorized sale of tickets

No person shall sell or offer or exhibit or have in his possession for sale or solicit for the purchase of, any ticket authorizing or purporting to authorize admission to any place of

Entertainment (Federal Territory of Kuala Lumpur) 13

entertainment in any public thoroughfare, or in the entrance hall of or approaches to any such place, except at a box-office, booth, turnstile or counter appointed by the proprietor or manager of that place or by the organizer of the entertainment held therein.

Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than five thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Prohibition on the sale of intoxicating liquor to person under the age of twenty-one

Any person who contravenes subsection (1) shall be guilty of an offence.

Exemption

The Commissioner, any police officer not below the rank of

Inspector, or any authorized person may, in order to effect an entrance into any place of entertainment, break open any outer or inner door or window of the place of entertainment or any part of the place of entertainment—

any person reasonably believed to have committed an offence against this Act or any rules made thereunder; or

any person who refuses to give his name and address when it is requested for or if there is reason to doubt the accuracy of the name and address given.

A person arrested under this section shall be taken to a police station and shall be brought before the court within twenty-four hours unless, in respect of a person arrested under paragraph (1)(b), his name and address are sooner ascertained, whereupon he shall then be released on bail.

Search

The Commissioner, police officer or authorized person seizing any document or thing under subsection (1) shall prepare a list of the documents or things seized and forthwith deliver a copy signed by him to the occupier or proprietor of the place of entertainment or his servant or agent present at such place.

Things seized liable to forfeiture

All things forfeited shall be delivered to the Commissioner or the police as the case may be and shall be disposed of in accordance with the directions of the Commissioner or the police.

Things seized in respect of which there is no prosecution deemed to be forfeited if not claimed within one month

All things deemed to be forfeited under subsection (1), may be sold by the Commissioner by a public auction and the proceeds from the sale shall be applied in payment of any fees owing from the licensee of any place of entertainment from which the things were seized and the costs of such auction, and the surplus, if any, shall be paid into the Federal Consolidated Fund.

Any person asserting that he is the owner of anything seized under the Act and that it is not liable to forfeiture may, either personally or by his agent authorized in writing, give written notice to the Commissioner that he claims the same.

On receipt of a notice under subsection (2), the Commissioner may direct that such things be released or he may direct that the matter be referred to a Magistrate.

The Magistrate shall issue a summons requiring the person asserting that he is the owner of the things seized and the person from whom they were seized to appear before him, and upon their

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Laws of Malaysia ACT 493

appearance or default to appear, due service of the summons being proved, the Magistrate shall proceed to the examination of the matter and on proof that an offence against this Act or any rules made thereunder has been committed and that such things were the subject matter or were used in the commission of such offence, shall order the same to be forfeited or, in the absence of such proof, shall order its release.

Obstruction

obstructs the Commissioner, any police officer, or authorized person lawfully exercising any powers conferred on him by or under section 16 in entering or inspecting any place of entertainment or delays in producing any articles, books, accounts, tickets, or other documents or things which he has been called upon by the

Commissioner, police officer, or authorized person to produce and which are or ought to be in the ordinary course of business in his power to produce;

refuses to furnish any information which he may be required to furnish by the Commissioner, police officer, or authorized person or who, being required to furnish information by the Commissioner, police officer, or authorized person, furnishes false or misleading information;

obstructs the seizure of any document or other thing under section 21, or the closure of any place of entertainment under section 17; or

hinders or obstructs the Commissioner, any police officer or any authorized person from exercising any other powers lawfully conferred on himby or under this Act,

Entertainment (Federal Territory of Kuala Lumpur) 19

shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than two thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Liability of director, etc.

Any person who would have been guilty of an offence if anything had been done or omitted by him personally shall be guilty of the offence and liable to the same penalty if such thing had been done or omitted by his partner, agent or servant in the course of partnership business or in the course of his employment, as the case may be, unless he proves that the offence was committed without his knowledge or consent and that he took all reasonable precautions to prevent the doing or omission to do such thing:

Provided that nothing herein shall relieve the partner, agent or servant from liability to prosecution.

Prosecution

Upon receipt of the payment under subsection (1), no further proceedings shall be taken against such person in respect of such offence and any thing seized in connection with the offence shall be released, subject to such terms and conditions as may be imposed.

Any moneys paid to the Commissioner pursuant to the provisions of this section shall be paid into and form part of the fund constituted under any law relating to local government.

General penalty

prescribe such fees as may be necessary for the purposes of this Act;

prescribe the forms for application of licences and the licences to be issued under this Act;

prescribe the types of offences that may be compounded and the procedures for the compounding of such offences;

prescribe the entertainment or classes of entertainment or places of entertainment or classes of places of entertainment that are exempted from any provision of this

Act; and

provide for the regulation and inspection of places of entertainment.

Repeal and saving

nothing contained in this Act shall affect any person’s liability to be prosecuted or punished for offences committed under the repealed Act before the coming into operation of this Act;

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any proceedings pending before the coming into operation of this Act shall be continued under the repealed laws as if this Act had not been made;

licences issued under the repealed Act shall continue in force and have effect as if they had been granted under this

Act and may be revoked under this Act; and

appointments or authorizations made under the repealed

Act shall continue in force and have effect as if they had been made under this Act until cancelled or superseded under this Act.

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Act 493

LIST OF AMENDMENTS

Amending law

Short title

In force from

P.U. (A) 110/2003

P.U.(A) 395/2010

Revision of Laws (Rectification of

Entertainment (Federal Territory of

Kuala Lumpur) Act 1992) Order 2003

Entertainment (Federal Territory of

Kuala Lumpur) (Amendment)

Act 2003

Federal Territory of Labuan (Extension and Modification of Entertainment

(Federal Territory of Kuala Lumpur)

Act 1992) Order 2010 18-04-2003

01-04-2004

01-01-2011

___________

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Act 493

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from

4

9A

13

14

14A

16

24

25

27

28

29

29A

Act A1194 01-04-2004

01-04-2004

01-04-2004

01-04-2004

01-04-2004

01-04-2004

01-04-2004

01-04-2004

01-04-2004

01-04-2004

01-04-2004

01-04-2004

___________