Decree No.
(17) of 2013
Concerning
Licensing
and Classification of Hotel Establishments in the Emirate of Dubai[1]
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We,
Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Law No. (1) of 1997 Establishing the
Department of Tourism and Commerce Marketing and its amendments;
Law No. (3) of 2003 Establishing the
Executive Council of the Emirate of Dubai;
Law No. (9) of 2004 Concerning Dubai
International Financial Centre and its amendments;
Law No. (32) of 2008 Establishing the
Government of Dubai Legal Affairs Department;
Law No. (35) of 2009 Concerning
Management of the Public Funds of the Government of Dubai and its amendments;
Decree No. (22) of 2009 Concerning
Special Development Zones in the Emirate of Dubai;
Decree No. (13) of 2011 Concerning the
e-Programme for Hotel and Tourism Establishments in the Emirate of Dubai;
Regulation No. (1) of 1998 Concerning
Licensing and Classification of Hotels, Guest Houses, and Hotel Apartments and
its amendments; and
The legislation regulating free zones in
the Emirate of Dubai,
Do hereby
issue this Decree.
The following words and expressions, wherever mentioned in this Decree,
will have the meaning indicated opposite each of them unless
the context implies otherwise:
|
Emirate: |
The Emirate of Dubai. |
|
Executive Council: |
The Executive Council of the Emirate of Dubai. |
|
DTCM: |
The Department of Tourism and Commerce Marketing. |
|
Director General: |
The director general of the DTCM. |
|
Licensing Authority: |
The entity legally authorised to issue commercial
and professional licences to establishments operating in the Emirate, in Special
Development Zones, and in free zones including the Dubai International
Financial Centre. |
|
Hotel Establishment: |
This includes hotels, resorts, hotel apartments,
guest houses, university dormitories, youth hostels, budget hotels, floating
hotels, and other establishments specified by the DTCM. |
|
Activity: |
Operating a Hotel Establishment. |
|
Tariff: |
The charges for services provided by a Hotel
Establishment. |
|
Licence: |
A document issued by the DTCM stating that the DTCM
authorises a Hotel Establishment to conduct the Activity in the Emirate after
verifying that all conditions and requirements approved by the DTCM in this
regard are met by the Hotel Establishment. |
|
Register: |
The paper or electronic record maintained by the DTCM
for the purpose of recording all information related to Hotel Establishments. |
|
Facility: |
A restaurant, bar, night club, health club,
gymnasium, retail outlet, hair and beauty salon, library, or other facilities
of a Hotel Establishment. |
This Decree will
apply to Hotel Establishments operating in the Emirate including those
operating in Special Development Zones and in free zones, such as the Dubai International
Financial Centre.
Operating a Hotel Establishment
Article (3)
a. No Hotel Establishment may operate in the Emirate unless it is
licensed and classified by the DTCM.
b. No Hotel Establishment may be constructed and no existing building
may be converted into a Hotel Establishment unless prior written approval of
the DTCM is obtained and all conditions prescribed by the legislation in force
are met.
c. No government entity in the Emirate may issue a permit to
construct any building or convert any existing building into a Hotel
Establishment unless the applicant obtains the relevant prior written approval from
the DTCM.
Functions of the DTCM
Article (4)
The DTCM is the
competent official entity in the Emirate in charge of regulating the licensing
and classification of Hotel Establishments. For these purposes, the DTCM will
have the duties and powers to:
1. set the technical conditions, rules, and standards that must be
met and the procedures that must be followed to license and classify Hotel
Establishments, in accordance with the international standards adopted in this
regard;
2. determine applications for Licences, renewal of Licences, and
variation of the details of Licences of Hotel Establishments;
3. determine the duties, roles, and obligations of managers of Hotel
Establishments;
4. undertake the supervision, control, and inspection of Hotel
Establishments and their personnel in accordance with the provisions of this
Decree and the resolutions issued in pursuance hereof;
5. receive, investigate, and take necessary action in respect of
complaints against Hotel Establishments or any other entity conducting the
Activity without Licence from the DTCM;
6. impose penalties on the violators of the provisions of this Decree
and the resolutions issued in pursuance hereof;
7. create a database of the names of Hotel Establishments licensed in
the Emirate;
8. maintain the Register, determine its form and the information that
must be entered in it, including the legal form of Hotel Establishments; and
9. perform any other duties within its powers that relate to regulating
the Activity in the Emirate.
Licensing Procedures
Article (5)
a. In accordance with the procedures adopted by the DTCM in this
regard, an entity wishing to conduct the Activity in the Emirate will be given
the initial approvals, granted a Licence, classified in the appropriate category,
and issued a no objection certificate in order to be allowed to receive guests.
b. A Hotel Establishment wishing to conduct the Activity must meet all
actual operational requirements and apply to the DTCM for a Licence.
c. After granting a Licence to a Hotel Establishment, an inspection
and on-site audit of the Hotel Establishment will be performed for the purposes
of classifying it in accordance with the standards adopted by the DTCM in this
regard.
d. No Hotel Establishment may conduct the Activity unless it meets
all operational requirements adopted by the DTCM and obtains a no objection
certificate in order to be allowed to receive guests.
e. After it obtains a Licence, the Hotel Establishment will be recorded
in the approved Register maintained by the DTCM for this purpose, which records
all essential information related to the name, Facilities, address, name of
owner and manager of the Hotel Establishment and any other information the DTCM
deems required.
Term of the Licence
Article (6)
a. The term of the Licence will be one (1) year, renewable for the same
period. Upon request of a Hotel Establishment, the DTCM may, in coordination
with the Licensing Authority, decide that the term of the Licence be more than
one (1) year, and up to four (4) years.
b. A Hotel Establishment must renew its Licence issued by the DTCM at
least thirty (30) days prior to the date of its expiry. The Licence will be
renewed in accordance with the conditions and requirements adopted in this
regard by the DTCM.
Classification of Hotel Establishments
Article (7)
a.
A Hotel Establishment will be classified into the following
categories:
1.
Hotels: five star,
four star, three star, two star, one star;
2.
Resorts: five star, four star, three star;
3.
Hotel Apartments: luxury, deluxe, standard; or
4.
Guest Houses: deluxe, standard.
b. The Director General may add Hotel Establishments to those
mentioned in paragraph (a) of this Article and may determine their categories
according to their location and Activity, and determine their categories of classification.
c.
The category of classification of a Hotel
Establishment will be determined in accordance with the standards and
requirements prescribed by a resolution issued by the Director General.
Modification of Categories of Classification
Article (8)
The DTCM may, upon request of the owner of a Hotel Establishment
or his legal representative, upgrade or downgrade the classification of the
Hotel Establishment in accordance with the standards and requirements adopted
by the DTCM in this regard.
Obligations of Hotel Establishments
Article (9)
The management of a Hotel Establishment must comply with the
following:
1. all legislation in
force in the Emirate, particularly legislation concerning construction, health,
public safety, and the environment;
2. the resolutions issued
by the DTCM;
3. the terms of the
Licence granted to the Hotel Establishment by the DTCM, and the Hotel
Establishment classification standards and requirements;
4. the Activity mentioned
in the Licence;
5. public order and
morality;
6. abstaining from
changing the location or Activity of the Hotel Establishment without relevant
prior approval of the DTCM;
7. abstaining from
operating the Hotel Establishment or any Facility in respect of which a suspension
of the Activity or a closure decision is issued by the DTCM;
8. providing the DTCM
with the information, documents, and statistics it requires, and fully
cooperating with the employees of the DTCM;
9. responding, within the
period specified by the DTCM, to the complaints referred to the Hotel
Establishment by the DTCM;
10. maintaining all
information and records of the Hotel Establishment’s business and accounts;
11. notifying the DTCM
fifteen (15) days prior to the first date of receiving guests;
12. notifying the DTCM of
the name of the manager in charge of the Hotel Establishment and any change thereof;
13. notifying the DTCM
before commencing any major repairs at the Hotel Establishment;
14. displaying Tariff
lists and timing of services, in both Arabic and English, in a prominent place inside
the Hotel Establishment;
15. abstaining from adding
or closing down any Facility of the Hotel Establishment without obtaining the
relevant prior written approval from the DTCM;
16. ensuring that all employees
wear the uniform of the Hotel Establishment in accordance with their respective
job duties;
17. subscribing to the
e-Programme for Hotel and Tourism Establishments before commencing the Activity
in accordance with the provisions of the above-mentioned Decree No. (13) of
2011;
18. displaying the classification
certificate issued by the DTCM in a prominent place for easy reference by
guests and visitors;
19. notifying the DTCM of
any variation of the details or documents based on which the Licence is granted,
within ten (10) days from the date of variation; and
20.
any other obligations determined by the DTCM pursuant
to the resolutions issued by it.
Hotel Establishment Manager
Article (10)
a. Each Hotel Establishment must have a manager who will be in charge
of performing its obligations under this Decree, the resolutions issued in
pursuance hereof, the terms of the Licence granted to the Hotel Establishment,
and classification standards of the Hotel Establishment.
b. The manager of the Hotel Establishment must:
1.
be at least twenty one (21) years of
age;
2.
be of full legal capacity;
3.
be a holder of
an academic degree in hospitality and have at least three (3) years’ post-graduation
work experience in the hospitality industry; be a holder of any academic degree
and have at least four (4) years of experience in the hospitality industry; or
be a holder of a secondary school degree and have at least five (5) years of
experience in the hospitality industry;
4.
be of
good conduct
and reputation, and not have been convicted of a felony or crime affecting
honour or trustworthiness. This must be evidenced by a certificate issued by
the competent entity in the Emirate; and
5.
meet
any other conditions determined by the DTCM pursuant to the resolutions issued
by it in this regard.
c. Notwithstanding the provisions of paragraph (a) of this Article, a
Hotel Establishment may enter into contract with a hotel management company
licensed by the DTCM to manage its Activity. The DTCM will determine the conditions, rules, and
requirements that must be met to approve contracts between Hotel Establishments
and hotel management companies.
Fees
Article (11)
In return for the approvals, Licences, certificates, and other services
provided by the DTCM under this Decree and the resolutions issued in pursuance
thereof, the DTCM will charge the fees prescribed pursuant to a resolution of
the Chairman of the Executive Council.
Penalties
Article (12)
a. Without prejudice to any stricter penalty stipulated in any other
legislation, any person who violates the provisions of this Decree or the
resolutions issued in pursuance hereof will be punished by a fine of not less
than one hundred Dirhams (AED 100.00) and not more than one hundred thousand Dirhams
(AED 100,000.00). Upon repetition of the same violation within one (1) year
from the date of the previous violation, the amount of the fine will be
doubled, provided that a fine does not exceed five hundred thousand Dirhams (AED
500,000.00). The Chairman of the Executive Council will determine, by a
resolution issued by him in this regard, the acts prohibited and the fines to
be imposed on violators.
b. In addition to the penalty of a fine referred to in paragraph (a)
of this Article, the DTCM may take one or more of the following measures
against the violating Hotel Establishment:
1.
downgrading the category of
classification of the Hotel Establishment;
2.
closing down the Hotel Establishment or
any of its Facilities for a period not exceeding six (6) months;
3.
closing down a Facility of the Hotel
Establishment permanently; and/or
4.
closing down the whole Hotel
Establishment permanently, and cancelling its Licence.
c. Based on a written request submitted by the Hotel Establishment
whose Licence is cancelled pursuant to a decision, the DTCM may reinstate the
Licence of the Hotel Establishment two (2) years after the date of cancellation
of the Licence.
d.
When
reinstating the Licence of a Hotel Establishment pursuant to paragraph (c) of
this Article, fulfilment of all terms of the Licence and classification
requirements adopted by the DTCM in this regard will be taken into account.
Law Enforcement
Article (13)
a. Employees of the DTCM nominated by a resolution of the Director
General, issued in coordination with the Director General of the Government of
Dubai Legal Affairs Department, will have the capacity of law enforcement officers
to record the acts committed in breach of the provisions of this
Decree and the resolutions issued in
pursuance hereof. For this purpose, they may access Hotel Establishments or any
of their Facilities to inspect the same and review all records, documents, and
entries, and may issue the violation reports required in this regard.
b. In performing their duties pursuant to paragraph (a) of this Article,
the law enforcement officers will coordinate with free zone authorities and Special
Development Zones authorities when inspecting a Hotel Establishment operating
within such zones.
Grievance
Article (14)
Any affected party may submit a written grievance to the Director
General against the decisions, procedures, and measures taken against him,
within fifteen (15) days of being notified of the contested decision, procedure,
or measure. The grievance will be determined by a committee formed by the
Director General for this purpose and the decision on the grievance will be
final.
Seeking
Assistance from Government Entities
Article (15)
For the purpose of implementing the provisions of this Decree, the
DTCM may seek assistance from Government entities in the Emirate, including
police personnel. Upon request, such entities must provide support and
assistance at the earliest.
Payment of Fees and Fines
Article (16)
The amount of fees and fines collected pursuant to this Decree and
the resolutions issued in pursuance thereof will be paid to the Public Treasury
of the Government of Dubai. These proceeds will be allocated for the
implementation of the projects, plans, and programmes of the DTCM.
Compliance
Article (17)
a. A Hotel Establishment which is licensed by, or which has obtained a
certificate of completion of construction from, the competent entity before the
effective date of this Decree must comply with provisions of this Decree within
one (1) year from the effective date hereof.
b. A Hotel Establishment which has obtained a construction permit
from the competent entity before the effective date of this Decree, but whose
construction is completed after this date, must comply with the provisions of
this Decree within one (1) year from the date of completion of the
construction.
c. A Hotel Establishment which is licensed by the effective date of
this Decree will be exempt from compliance with the dimensional standards and
any other conditions and standards deemed by the DTCM as unachievable.
Liability of the DTCM
Article (18)
The DTCM will not be liable to third parties for any damage they
may suffer as a result of a Hotel Establishment conducting the Activity. The
violating Hotel Establishment will be solely liable to remedy such damage.
Issuing Implementing Resolutions
Article (19)
The Director General will issue the resolutions required for the
implementation of the provisions of this Decree, particularly those relating to:
1. the procedures for applying for new Licences and renewal of
Licences, and documents that must be submitted;
2. the procedures for on-site inspection of Hotel Establishments to
verify compliance with the classification conditions and standards; and
3. the conditions and procedures for granting a no objection
certificate in order to be allowed to receive guests.
Repeals
Article (20)
a. The above-mentioned Regulation No. (1) of 1998 is hereby repealed,
and any provision in any other legislation will also be repealed to the extent
that it contradicts the provisions of this Decree.
b. Notwithstanding paragraph (a) of this Article, the legislation in
force before the date on which this Decree is issued will apply to Hotel
Establishments during the grace period specified in accordance with Article
(17) of this Decree for compliance with the provisions hereof.
Publication and Commencement
Article (21)
This Decree will be published in the Official Gazette and will
come into force three (3) months after the date on which it is published.
Mohammed bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 8 May 2013
Corresponding to 28 Jumada al-Thaniyah 1434 A.H.
©2015 The Supreme Legislation Committee in
the Emirate of Dubai
[1]Every effort has been made to produce an
accurate and complete English version of this legislation. However, for the
purpose of its interpretation and application, reference must be made to the
original Arabic text. In case of conflict the Arabic text will prevail.