Decree No. (25) of 2013

Concerning the

Event eLicensing and eTicketing System 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 the Dubai International Financial Centre and its amendments;

Law No. (32) of 2008 Establishing the Government of Dubai Legal Affairs Department;

Law No. (14) of 2009 Concerning the Pricing of Government Services in the Emirate of Dubai;

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; and

The Legislation regulating free zones in the Emirate of Dubai,

Do hereby issue this Decree.

Title of the Decree

Article (1)

This Decree will be cited as “Decree No. (25) of 2013 Concerning the Event eLicensing and eTicketing System in the Emirate of Dubai”.

Definitions

Article (2)

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.

Government:

The Government of Dubai.

Executive Council:

The Executive Council of the Emirate of Dubai.

DTCM:

The Department of Tourism and Commerce Marketing.

Concerned Government Entity:

Any entity affiliated to the Government and authorised pursuant to its own Legislation to license or to supervise the conduct of Events in the Emirate, including the entities supervising free zones and Special Development Zones.

Director General:

The director general of the DTCM.

Event:

Any event organised in the Emirate on a permanent or temporary basis for an entertainment, marketing, sports, arts, cultural, educational, tourist, health, religious, or any other purpose, whether such event takes the form of a conference, festival, exhibition, concert, theatrical or literary event, contest, or any other form regardless of the venue where it is conducted.

Establishment:

A legal person licensed to conduct, organise, and manage Events or which has a venue licensed for conducting Events in the Emirate.

eLicensing System:

An electronic system used to license Events and record relevant data and information including the timings, venues, and associated activities of such Events.

eTicketing System:

An electronic system through which Event Tickets are marketed and distributed.

System:

Includes the eLicensing System and the eTicketing System.

Subscriber:

Any public or private entity subscribed to either the eLicensing System, or the eTicketing System, or to both.

Ticket:

Any free or paid paper-based or electronic pass which authorises its bearer access to an Event conducted in a particular venue.

Dubai Calendar:

The calendar prepared by the DTCM for Events that will be conducted in the Emirate.

Electronic Connection:

Connection of the System to one or more Subscribers’ computers for the purpose of organising the marketing and distribution of Tickets and recording data and information relating to the Events stored in those computers in order to exchange them with the DTCM and Concerned Government Entities.

 

Scope of Application

Article (3)

This Decree will apply to:

1.       all areas within the Emirate, including Special Development Zones and free zones such as the Dubai International Financial Centre;

2.       all entities conducting, organising, or managing Events in the Emirate, or having a venue licensed for conducting Events in the Emirate; and

3.       all Events organised or conducted in the Emirate.

Objectives of the Decree

Article (4)

This Decree aims to:

1.       support and develop the Events sector to increase tourist activity in the Emirate and achieve the economic development plans of the Emirate;

2.       enhance the partnership between public and private sectors to develop the Events sector in the Emirate;

3.       streamline the Event licensing process in the Emirate;

4.       contribute to introducing the Events organised in the Emirate to the public through a unified portal and through providing multiple distribution channels to market Tickets at the local, regional, and international levels; and

5.       support the Dubai Calendar by connecting it to the System and listing all Events in such calendar.

Functions of the DTCM

Article (5)

a.       For the purpose of achieving the objectives referred to in Article (4) of this Decree, the DTCM will, in coordination with the Concerned Government Entities:

 

1.       study the Legislation, regulations, and procedures relating to licensing Events in the Emirate, and suggest ways to develop the same;

2.       establish the policies, programmes, and systems required for organising and licensing Events in the Emirate;

3.       create an electronic database for Legislation, policies, regulations, and procedures relating to licensing Events in the Emirate;

4.       establish a standard classification system for Events in the Emirate and standard processes and procedures for issuing the licences required for organising such Events;

5.       create an electronic database for the Events that will be organised in the Emirate, including timings, venues, and associated activities;

6.       prepare the eLicensing System and supervise its operation, maintenance, management and development in all its regulatory, administrative and financial aspects;

7.       prepare the eTicketing System and supervise its operation, maintenance, management, and development in all its regulatory, administrative and financial aspects;

8.       organise the Electronic Connection between the DTCM, and the Subscriber and Concerned Government Entities;

9.       collect the fees for marketing Event Tickets and distribute the proceeds to Subscribers in accordance with the Legislation in force in the Emirate and the relevant method adopted by the DTCM;

10.   in coordination and cooperation with Subscribers and Concerned Government Entities, develop the processes relating to the System;

11.   compile statistics and information relating to the Events conducted in the Emirate through the eLicensing System; and

12.   perform any other duties required for the achievement of the objectives of this Decree.

b.       Pursuant to a contract concluded for this purpose in which the term of the contract and the rights and obligations of the parties are determined, the DTCM may authorise one or more companies to perform any of the duties referred to in paragraph (a) of this Article.

Obligations of Concerned Government Entities

Article (6)

Concerned Government Entities must:

1.       not take any action relating to licensing Events in the Emirate other than through the eLicensing System;

2.       provide the DTCM with the data and information required to perform the duties assigned to the DTCM pursuant to this Decree, including information relating to the classification of Events and the licensing conditions and requirements of such Events; and

3.       provide Electronic Connection with the System as determined by the DTCM in this respect.

System Set-up

Article (7)

a.       The DTCM will set up two (2) electronic systems, one for licensing Events organised in the Emirate, and the other for marketing, distributing, and issuing Tickets.

b.       Through the Electronic Connection, Concerned Government Entities will be connected to the eLicensing System, and Subscribers will be connected to the eTicketing System.

Subscription to the System

Article (8)

a.       Any public or private entity organising an Event or having a venue licensed for conducting Events in the Emirate must subscribe to the eLicensing System and install the equipment and systems required to operate such system.

b.       Any public or private entity conducting an Event or having a venue licensed for conducting Events in the Emirate must subscribe to the eTicketing System and install the equipment and systems required to operate such system.

c.       The Director General may, in accordance with the relevant rules and conditions adopted by the DTCM, exempt any public or private entity from subscription to the eLicensing System or to the eTicketing System, and may exclude the information of any Event from being entered in the System.

d.       The DTMC will train Subscribers to use the System in return for a fee determined pursuant to a resolution of the Chairman of the Executive Council.

e.       No Establishment may be licensed, and no licence of an Establishment may be renewed unless such Establishment subscribes to the eLicensing System, to the eTicketing System, or to both systems.

Term of Subscription to the System

Article (9)

Subscription to the System will be valid for a period of one (1) year, renewable for the same period, in accordance with the requirements approved by the DTMC in this respect.

Obligations of Subscribers

Article (10)

A Subscriber must:

1.       set up, operate, and subscribe to the System, and enter the information relating to the activities and Events organised by the Subscriber and the data requested by the DTCM in accordance with the relevant classification adopted by the DTCM;

2.       pay the costs required for establishing the Electronic Connection to the System and for any changes to the System; and

3.       issue and distribute Tickets through the System.

Connecting the System with other Systems

Article (11)

A Subscriber may neither connect the computer on which the System is set up, nor its peripherals, to any other system or programme without obtaining the prior approval of the DTCM.

Fees

Article (12)

a.       The DTCM will charge an annual fee for subscription to the System, as determined pursuant to a resolution of the Chairman of the Executive Council.

b.       The DTCM will charge one of the following two (2) fees for issuing Tickets to Event-goers:

1.       ten percent (10%) of the actual or estimated value of a paid Ticket; or

2.       up to ten Dirhams (AED 10.00) per Event-goer in case of a free Ticket. Such fee will be determined based on relevant rules and requirements approved by the Director General.

Penalties

Article (13)

a.       Without prejudice to any stricter penalty stipulated in any other legislation, any person who violates the provisions of this Decree and 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 twenty thousand Dirhams (AED 20,000.00). 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 the fine does not exceed one hundred thousand Dirhams (AED 100,000.00). The Chairman of the Executive Council will determine, by a resolution issued by him in this regard, the prohibited acts and the fines to be imposed on the perpetrators of these acts.

b.       In addition to the penalty of a fine referred to in paragraph (a) of this Article, the DTCM may, in coordination with the competent entities, take one or more of the following actions and measures against the violating Establishment:

1.       suspending the activities of the Establishment for a period not exceeding six (6) months; and/ or

2.       revoking the trade licence of the Establishment.

Fee Collection

Article (14)

Imposing the penalties referred to in Article (13) of this Decree will not preclude the collection of the fee prescribed by this Decree.

Law Enforcement

Article (15)

Employees of the DTCM nominated pursuant to 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 attend and inspect Events, issue the required violation reports, and seek the assistance of police personnel.

Grievance

Article (16)

Any affected party may submit a written grievance to the Director General against the decisions, procedures, and measures taken against him in accordance with the provisions of this Decree and the resolutions issued in pursuance hereof, within fifteen (15) days from the date 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, within thirty (30) days of its submission, and the decision issued by the committee on the grievance will be final.

Compliance

Article (17)

Any entity which organises or conducts Events, or which markets, distributes, or issues Tickets in the Emirate by the effective date of this Decree must comply with its provisions within a maximum period of six (6) months from the effective date hereof.

Seeking Assistance from Government Entities

Article (18)

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 prompt support and assistance to the DTCM.

Payment of Fees and Fines

Article (19)

The amount of fees and fines collected pursuant to this Decree and the resolutions issued in pursuance hereof 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.

Issuing Implementing Resolutions

Article (20)

The Director General will issue the resolutions required for the implementation of the provisions of this Decree.

Repeals

Article (21)

Any provision in any other Legislation will be repealed to the extent that it contradicts the provisions of this Decree.

Commencement and Publication

Article (22)

This Decree will be published in the Official Gazette and will come into force on the day on which it is published.

Mohammed bin Rashid Al Maktoum

Ruler of Dubai

Issued in Dubai on 11 August 2013

Corresponding to 4 Shawwal 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.