Decree No.
(25) of 2013
Concerning
the
Event
eLicensing and eTicketing System in the Emirate of Dubai[1]
ـــــــــــــــــــــــــــــــــــــــــــــــ
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.
This Decree
will be cited as “Decree No. (25) of 2013 Concerning the Event eLicensing and
eTicketing System in the Emirate of Dubai”.
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. |
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Imposing
the penalties referred to in Article (13) of this Decree will not preclude the
collection of the fee prescribed by this Decree.
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.
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.
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.
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.
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.
The
Director General will issue the resolutions required for the implementation of
the provisions of this Decree.
Any
provision in any other Legislation will be repealed to the extent that it
contradicts the provisions of this Decree.
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.