Ministry of Interior Order
No. 483/2521
Subject: The Execution to Act of Entertainment Place B.E. 2509
(1978)
Due to the Act of Entertainment Place B.E.
2509 (1978) which was amended by Act of Entertainment Place
(Second Edition) B.E. 2521 (1978) has published in the
Government Gazette, volume 95 chapter 73 on Friday, July 21,
1978 and there is Ministerial Regulation issued under this Act
has come into force. The Act of Entertainment Place (Second
Edition) B.E. 2521 (1978) Section 2 has mentioned that it shall
come into force in thirty days from the date of its publication
in the Government Gazette so, to comply with this Ministerial
Regulation, Ministry of Interior has issued the order as the
following.
Application for License
Clause 1. The entertainment places,
which must be asked for the permission, are the entertainment
places setup for the purpose of commercial business issued under
the section 3(1), (2), (3) and (4) as follow.
(1) Place for dancing, Thai dancing,
Rong-ngeng dancing which either with or without lady partner.
(2) Place that provides food, alcohol, tea or any other
drinking and prostitution service or room for sleeping or any
massage service.
(3) Place that has person provides massage service or bathing
service.
(4) Place that provides food, alcohol, tea or any other
drinking with more than two music instruments band or any
other entertainment show.
The entertainment place under clause (1) is
for example, nightclub, bar and restaurant which provides
dancing, Thai dancing, or Rong-ngeng dancing which either with
or without lady partner including temporary dancing place which
has dancing lady and charge from the client either provides
alcohol, tea or any other drinking or provides music show or any
other entertainment show.
The entertainment place under clause (2) is the place that sells
food, alcohol, or any other drinking with prostitute but no
dancing for example, restaurant which has prostitute to service
in the table or coffee shop that provides room for sleeping or
massage service.
The entertainment place under clause (3) is place that has
person to service for bathing, massaging including the
barbershop that has massage room.
The entertainment place under clause (4) is coffee shop, or shop
selling food or drink and provides music band with more than two
music instruments or any other entertainment show.
Clause 2. The officer who in
responsibility to receive the application to setup the
entertainment place from the business operator in Bangkok area
are the local inspectors, in other provinces are local district
officers. The application form is Sor. Bor. 1 form which
attached to the Ministerial Regulation, together with all
required document and photo from the applicant. Then the
applicant must be inquired his/her qualification under Section
6, the applicant must show medical certificate level 1 to be the
evidences to affirm the qualification under Section 6 (3) and
(4), the officer must check the place to confirm that it is in
accordance with Section 7 (1) (2) and (3), attached together
with map to show where the place is in brief. In any case that
the officer deems that it against with any clause in Section 7
(1) (2) and (3), the officer may note the reason in detail. The
applicant must be printed his/her ten fingerprint on fingerprint
form for the applicant (Por. Lor. Mor. 24-Tor. 538 Form), the
form must be sent to check to the fingerprint check
Sub-Division, Criminal Registration and Record Division, Police
Department to check the qualification under Section 6 (5), then
attached the result with the application.
Clause 3. When the procedure under
Clause 2 has been completed, the local inspectors or local
district officers report all information with their comment
through officer channels till the Commissioner of the
Metropolitan Police or governor of a province that are the
authorized officer as the case may be.
For the entertainment place under Section 3 (4) which already
has operated before the law come into force and the business
operator file the application for permission, the local
inspectors or local district officers shall proceed as Clause 2.
The report of this information with comment, in Bangkok, shall
be sent to the Commissioner of the Metropolitan Police, in other
province, shall be sent to governor of a province within 15 days
after the day received the application together with license (Sor.
Bor. 2 Form) for the Commissioner of the Metropolitan Police or
governor of a province to consider at the same time. Any case
that could not be sent within 15 days, the report must be
attached with its cause.
Clause 4. Any entertainment place
case, which is approved by the Commissioner of the Metropolitan
Police or governor of a province, must be sent back to the local
inspectors or local district officers to inform the applicant to
make fee payment and receive license.
The fee payment of entertainment place, in Bangkok, its receipt
must be issued by Police Department and the payment must be sent
to the Financial Division, Police Department. In other province,
District Office must issue its receipt and the payment must be
sent to the provincial treasury office.
Clause 5. Any entertainment place
case, which is not approved by the Commissioner of the
Metropolitan Police or governor of a province, must be sent back
to the local inspectors or local district officers to inform in
written with the reason of disapproval to the applicant within 3
days after the day received the order and send the copy of such
written letter to the Commissioner of the Metropolitan Police or
governor of a province for information.
Clause 6. The local inspectors or
local district officers shall separate all cases into separate
binders for convenience to search record of entertainment place,
which maybe bring back for later consideration.
The License Renewal
Clause 7. According to Section 10 of
Act of Entertainment Place B.E. 2509 prescribe that the license
to setup entertainment place will be good and valid until 31st
December of the year issued such license, the licensee who
wishes to renew the license, must file the application before
the current license is expired.
To consider the license renewal, the local inspector or local
district officer shall check the qualification of the licensee
under Section 6, and then give the comment either agree or
disagree for the command of the Commissioner of the Metropolitan
Police or governor of a province as the case may be. But if the
building of such entertainment place is in the nature of
inconsistent with Section 7 or there is any reason to be deemed
that such entertainment place is unworthy to renew the license
according to Section 21, such as the licensee lacks the
qualification to operate the business, the entertainment place
is against public order or good morals, the business is operated
without being comply by this Act or contrary to the provision,
the local inspectors or local district officers shall report the
reason, why such entertainment place is unworthy to renew the
license, in detail through officer channels for the command of
the Commissioner of the Metropolitan Police or governor of a
province as the case may be.
Application for change
the licensee or operator
Clause 8. In case that the
entertainment place applies to change the licensee or juristic
person who is the licensee apply to change the operator to be
person. In these two cases, the Commissioner of the Metropolitan
Police or governor of a province, as the case may be, shall
comply as the follow.
(1) In case of application for change the
licensee, shall be deemed to be the transfer of license. But
the law of entertainment place has not prescribed the clause
of transfer of license, so the officer is not empowered to
allow such transfer of license.
(2) In case juristic person who is the licensee applies to
change the operator to be person, this is in discretion of the
officer as deem expedient. If the officer deems expedient, the
officer may allow changing as the licensee's request without
any charge or fee. The officer shall write distinctly in the
license that there is a change of operator to be person
instead of juristic person and shall attach photo of the new
operator on the license.
Application for move,
modify, or add the entertainment place
Clause 9. To move, modify, or add
the entertainment place which is prescribed in the Act of
Entertainment Place B.E. 2509, Section 13 that "No any
licensee shall be allowed to move, modify, or add the
entertainment place except by written permission of the
officer".
(1) In case the licensee applies the
application to move location of the entertainment place to
other location, in fact, there are many entertainment places
apply to move the location because some of them are located in
non-commerce areas or not in the community. Even the law does
not prescribe distinctly not to move to the community area,
but should comply with Section 7 mutatis mutandis. The Section
7 prescribes that the entertainment place should not be
located in the community area, which may causes bother to
people nearby, besides, the licensee intend to setup the first
place to be the entertainment place, if there is unlimited to
move the location, in the future all the entertainment place
will be gathered in the community and cause bother to people.
So, the entertainment place shall not be allowed to move the
location except in case of force majeure for example fire,
which is investigated that it is not fire for eviction or a
source of a fire, the entertainment may be allowed to move the
location in the same province.
(2) The application for change or modify exterior or interior
the entertainment place may be allowed, if the officer thinks
there is necessity reason. But if the licensee change or
modify before permission, the officer is empowered to not
renew the license or terminate the license or cancel the
license.
The place that has person provides massage service or bathing
service including being the barbershop shall not be allowed to
change to be place provides massage service or bathing service
only.
(3) The application for space addition of entertainment place
without add service room may be in discretion of the officer,
but if the licensee apply for addition include add more
service rooms, the officer shall consider to add only they
deem expedient in limit number because to add more service
rooms is the same as expanse the business and setup more
entertainment place.
Application for business
transfer
Clause 10. The business transfer is
deemed to be new business license, which the law prescribes not
to allow unless there is the Court's order or judgment.
Application for license
replacement
Clause 11. In case the license is
lost or damaged in importance, the licensee must apply for the
replacement within 15 day from the day acknowledge that such
license is lost or damaged. The local inspectors or local
district officers shall make an inquiry and the licensee shall
file the application for license replacement to the Commissioner
of the Metropolitan Police or governor of a province for
approval.
After receive approval, local inspectors or local district
officers shall issue Sor. Bor. 2 form to be the license
replacement and write with red pen above such replacement that
"issue instead of the license which is lost or damaged in
the importance"
To Record Card For
Entertainment Place Employee
Clause 12. To record card for the
employee, partner lady, prostitute, or person who provides
massage service or bathing service or servant who work in the
entertainment place under Section 14 shall be the responsibility
of the licensee by get the local inspectors or local district
officers Sor. Bor 3 Form and Sor. Bor. 4 Form.
The officer shall assemble the meeting of
licensee to inform how their employees complete the Sor. Bor. 3
Form.
The licensee must make two copies of Sor.
Bor. 3 Form attached with photos, one copy must be kept in the
entertainment place, and the other copy must be kept at local
police station, which the local inspector must separate by each
entertainment place. In other province besides Bangkok, the
licensee must make one copy of Sor. Bor. 4 Form attached with
photos to be kept at the local district office.
When the employee is out of the job, the
licensee shall inform to the officer and note in such employee's
record card.
Clause 13. After the licensee
employs the employee, the licensee shall take such employee to
print 10 of finger-print on Sor. Bor. 4 Form at the local police
station and bring together with the employee's record card to
local inspector.
Such Sor. Bor. 4 Form shall be made in two copies attached with
photo, both shall be sent to local inspector, after receive
them, the local inspector shall send them to check at Crime
Record and Registration Division, Police Department, then the
Crime Record and Registration Division will send back one copy
with the checking result, the other copy will be kept at the
Crime Record and Registration Division. The local inspector
shall put such result in Sor. Bor. 3 Form of such employee (only
the copy kept at police station).
After the result has been put in Sor. Bor.
3 Form, the Sor. Bor. 4 shall be kept at police station, sort by
name and also sort by alias name (if any) for benefit of
investigation.
In case the investigate officer or other
officer necessitate to borrow Sor. Bor. 4 Form of anyone to be
used in case procedure, the officer shall make copy of such Sor.
Bor. 4 Form to be kept instead and shall note that the original
has been borrowed for case procedure by the borrower name.
The patrol and inspection
of entertainment place
Clause 14. The officer who is
responsible to patrol and inspect the entertainment place, which
has legitimate license, to comply strictly with the law in
Bangkok area are the local inspectors upwards, in other
provinces are local district officers upwards.
Clause 15. If the licensee of
entertainment place could not control the order inside the place
and cause any fight, quarrel, attack, or murder, the local
inspector or local district officer must report such event to
the Commissioner of the Metropolitan Police or governor of a
province. In case the local inspector or local district officer
deem that such event caused by negligence or inefficiency of the
licensee to abate such event or the licensee neglect to report
the police in the reasonable period of time before of after such
event, the local inspector or local district officer shall
admonish in written to the licensee, and then report copy of
such admonition to the Commissioner of the Metropolitan Police
or governor of a province for their information.
Clause 16. In case the employee,
servant, partner lady, prostitute or masseuse cause any
disturbance, break the law according to the work in the
entertainment place either such event happen inside or outside
the entertainment place, the local inspector or local district
officer and local interrogator report such action to the
Commissioner of the Metropolitan Police or governor of a
province for their information.
To strict the service
hours of the entertainment place
Clause 17. The person who is
responsible to strict the service hours of the entertainment
place, in Bangkok area are the local inspectors, in other
provinces are local district officers. If it appears that any
entertainment place infringe the legal service hours, such
entertainment place shall be arrested and proceeded with the
case, and then report to the Commissioner of the Metropolitan
Police or governor of a province for their information.
Clause 18. For convenience to
control service hours of the entertainment place, the local
inspectors or local district officer shall suggest the licensee
to setup sign stated service hours of the entertainment place at
the entrance both in Thai and English, and it should have
"Closed" sign to put at the entrance when the place is
out of service.
To control the
entertainment place according to Section 3 (4)
Clause 19. The entertainment place
according to Section 3 (4), is place that provides food,
alcohol, tea or any other drinking with more than two music
instruments band or any other entertainment show, shall be
opened between 6.00 a.m. to 12.00 p.m. on the day that the next
day is working day or between 6.00 a.m. to 01.00 a.m. on the day
that the next day is public holiday, but the music show or other
entertainment shop can be opened only between 11.00 a.m. to 2.00
p.m. and between 6.00 p.m. to 12.00 p.m.
Most of these entertainment places are
completely concealed place with air condition, convenience for
people to gather to behave in an immoral manner or gather of
gangsters, gambling, drugs, trade in vice, obscenity show which
against public order or good morals, so the Act of Entertainment
Place (Second Edition) B.E. 2521 has prescribed these
entertainment places to subject to Act of Entertainment Place
and must process to apply the license within 30 days from the
date that the Act of Entertainment Place (Second Edition) B.E.
2521 come into force. The local inspectors and local district
officers shall be strictly look after these entertainment places
to comply strictly with the Act of Entertainment Place.
To control the show in
entertainment place
Clause 20. According to Act of
Entertainment Place B.E. 2509 which was amended by Act of
Entertainment Place (Second Edition) B.E. 2521, Section 18,
stated that the licensee who setup entertainment place under
Section 3(1) may provide alcohol, tea or any other drinks or
provide music show or other entertainment show, and Section 3(4)
stated that these entertainment places will be able to provide
with more than two music instruments band or any other
entertainment show, but it has no any allowance in Section 3(2)
and Section 3(3) so the licensee shall be comply with the law
strictly.
As Section 19 stated that in the manner of
entertainment show, the licensee must control the show to not in
the way of indecency and must not have wild animal to be in the
show in the area that can cause any injure to the audience. So,
the local inspector or local district officer shall control and
look after such show, if it appears that the show is in the
mentioned way, they must order to stop or cancel such show and
proceed with the case, and then report to the Commissioner of
the Metropolitan Police or governor of a province for their
information.
Rules of order to suspend
or cancel the license
Clause 21. In case the licensee
contrary to public order or good morals, operate entertainment
business without comply with this Act or contrary to the
provision of this Act, the local inspector or local district
officer shall report to the Commissioner of the Metropolitan
Police or governor of a province to proceed with Section 21 of
this Act which is order to suspend or cancel the license.
(1) In case the licensee contrary to
public order or good morals, operate entertainment business
without comply with this Act or contrary to the provision of
this Act, it shall be ordered to suspend the license as
follow.
The first time suspend duration 15 days
The second time suspend duration 30 days
The next time, the suspend duration shall be in the
discretion of the officer.
(2) In case the action under (1) is the
negligence of the entertainment place, it shall be ordered to
suspend the license as follow.
The first time suspend duration 7 days
The second time suspend duration 15 days
The third time suspend duration 30 days
The next time, the suspend duration shall be in the
discretion of the officer.
(3) In other cases besides (1) and (2)
shall hold the rules as follow.
In case the business is opened overtime, it shall be ordered
to suspend the license as follow.
The first time suspend duration 10 days
The second time suspend duration 30 days
The next time, the suspend duration shall be in the
discretion of the officer.
In case the business is broken the law
besides opened overtime, it shall be ordered to suspend the
license as follow.
The first time suspend duration 5 days
The second time suspend duration 15 days
The third time suspend duration 30 days
The next time, the suspend duration shall be in the
discretion of the officer.
In case the entertainment place under
Section 3(4) of the Act of Entertainment Place B.E. 2509
amended by Act of Entertainment Place (Second Edition) B.E.
2521, if it used to be ordered to close for 30 days and again
commit the same offend, the officer shall order to close for
another 30 days.
In case the entertainment commit the
offence under (1) and (2) or several open overtime in the same
calendar circle, the officer shall proceed as follow.
Commit the offence for 3 times, it shall
be deemed to not renew the license.
Commit the offence for more than 3 times,
it shall be cancelled the license immediately.
Regarding to the order to suspend or
cancel the license, the officer shall consider the nature of
gravity and behavior of the offence, if it appears that it is
not willful disobedience to contrary or negligently according
to the circumstances, the officer may at his discretion to
suspend or cancel the license or may not.
The considering to order to suspend or
cancel the license, it must have the investigation notes to be
clear evidences which are the following.
- Copy of arrest memorandum
- Copy of statement of complainant and key witness
- Report to mention nature and condition of the arrest and
behavior of the accused.
- Crime record of the accused (if any)
- If the officer is entitled to fine for the case, the
accused plead guilty and consent to be fined, the officer
shall make copy of the fine record.
- If the case is in jurisdiction of the District Court, the
accused plead guilty, the accused must be sent to arraign
and make a report.
When there is any arrest in the offence
that must be ordered to suspend or cancel the license, the
local inspector or local district officer shall report all
fact with comment that it should be order to suspend or cancel
the license or not.
The procedure to the
entertainment place that has been ordered to suspend or cancel
the license
Clause 22. Any licensee or the owner
of the entertainment place has been ordered to suspend or cancel
the license, the local inspector or local district officer shall
notify such order with the reason of the suspension or
cancellation in writing to the licensee by state the first day
of the suspension or cancellation. Then put one copy of such
order at the front of the entertainment place in the easy to see
position and report another copy of such order to the
Commissioner of the Metropolitan Police or governor of a
province.
To receive the appeal
against order of the suspension or cancellation the license
Clause 23. The licensee who has been
ordered to suspend or cancel the license may appeal against
directly such order to the Under-Secretary of State for Interior
or Director-General of the Police Department as the case may be,
or appeal to the local inspector or local district officer. The
appeal shall be made within 15 days from the date received
notification from the officer notify the suspension or
cancellation. In case appeal to local inspector or local
district officer, such local inspector or local district officer
shall make a note of the case in brief of the circumstance that
cause the suspension or cancellation the license attach with the
appeal letter report through officer channels till the
Under-Secretary of State for Interior or Director-General of the
Police Department as the case may be.
After the Under-Secretary of State for
Interior or Director-General of the Police Department has any
order to such appeal, the local inspector or local district
officer shall notify the appellant in writing and the local
inspector or local district officer shall comply strictly with
the order of the Under-Secretary of State for Interior or
Director-General of the Police Department.
This order shall come into force on and
from 20th August 1978.
Ordered on the 28th August 1978
General Lek Neawmalee
Minister of Interior Ministry
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