Local Order
No. (96) of 1995
Concerning the
Licensing and Regulation of
Social Clubs
in the Emirate of Dubai[1]
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We, Hamdan bin
Rashid Al Maktoum, Chairman of the Dubai Municipality,
After perusal
of:
The powers legally
vested in Us pursuant to the decree establishing the Dubai Municipality;
Dubai Municipal
Council Order No. (15) Concerning the Licensing of Social Clubs;
Local Order No. (14)
of 1973 Concerning the Organisation of Public Exhibitions and Events, as
amended by Local Order No. (36) of 1988; and
The presentation of
the Director General of the Dubai Municipality,
Do hereby
issue this Order.
This Order
will be cited as “Local Order No. (96) of 1995 Concerning the Licensing and
Regulation of Social Clubs in the Emirate of Dubai”.
In
implementing the provisions of this Order, the following words and expressions
will have the meaning indicated opposite each of them unless the context
implies otherwise:
|
Emirate: |
The Emirate of Dubai. |
|
DM: |
The Dubai Municipality. |
|
Director General: |
The director general of the DM. |
|
Competent Department: |
The Administrative Affairs
Department of the DM. |
|
Club: |
Any society, league, or organisation
comprised of a group of individuals whose purpose is to conduct any social,
sports, cultural, artistic, recreational, charitable, or similar activity. |
|
Register: |
A register maintained by the
Competent Department in which the data and information of licensed Clubs are
entered. |
The provisions
of this Order will apply to all Clubs existing by the date on which this Order
is issued, and to the Clubs that will be established after the effective date
hereof.
Public-benefit
societies established pursuant to Federal Law No. (6) of 1974 and its
amendments; and clubs, federations, and societies established pursuant to
Federal Law No. (12) of 1972 and engaged in sports and youth activities are
hereby exempted from compliance with the provisions of this Order.
No natural or
legal person nor any group of individuals may establish or incorporate a Club
regardless of the purpose or objective thereof; conduct any activity in a Club;
open branches of the same; or relocate it without first obtaining the prior
approval of the DM and completing the registration and licensing procedures in
accordance with the provisions of this Order.
To establish a
Club, promoters must issue a charter that includes the following information:
1. name and address of the Club;
2. activities and objectives of the Club;
3. name of the founders or promoters and
their nationalities, professions, and places of residence;
4. membership requirements and
procedures, and the rights and duties of members;
5. method of constituting the board or
body managing the Club, and its functions;
6. financial resources of the Club; and
7. dissolution and liquidation provisions.
A Club must
have premises that include all the facilities, equipment, and machines required
for conducting the activities for which it is established. These facilities and
equipment must meet the security, safety, environmental, and public health
requirements as per the relevant specifications and stipulations prescribed by
the competent entities.
A Register (the “Social Club Licensing Register”) will be created by the DM. The
form of the Register and the data and information that must be entered therein will be
determined pursuant to a resolution of the Director General.
An applicant for a Club or a Club
branch licence must submit an application to the Competent Department on the relevant prescribed form, accompanied by the
required documents. The implementing bylaw of this Order will determine the
documents that must be attached to the licence application.
The Competent Department will consider
a submitted application and issue its decision to accept or reject the same
within thirty (30) days from the date of its submission. The Competent
Department’s decision to reject an application must be reasoned.
Upon acceptance of an application, the
Competent Department will charge the applicant the fees prescribed for the
licence, licence renewal, or variation of licence details. The Director General
will issue the resolutions required to determine the fees for each type of
application.
An applicant for a licence whose
application is rejected may submit a grievance to the Director General against
the rejection decision within thirty (30) days from the date of being notified
of that decision. The Director General will determine the grievance within two
(2) months from the date of its submission, and his decision in this respect
will be final.
A licence for establishing a Club will
contain all its relevant information, including the registration number; date
of issue and term of the licence; the entity in whose name the licence is
issued; and the type of activity(ies) authorised in the Club. A Club will
acquire legal personality upon completing the procedures for registration on
the Register.
A Club which is licensed to conduct an
activity in the Emirate may not make any amendments to its charter or managing
body without first obtaining the approval of the Competent Department.
The licence of a Club will be valid
for two (2) years from the date on which it is issued. A licence may, upon the
request of a Club, be renewed upon expiry for the same period subject to the
relevant renewal procedures prescribed by the DM.
A Club must conduct the activity(ies)
stated in its licence in accordance with its charter. A Club may not conduct
any commercial or financial speculation activities, within or outside its
premises, in order to generate profits.
Artistic, charitable, or recreational
events, activities, festivals, and exhibitions held by the Club inside or
outside of its premises will be governed by the provisions and requirements
stipulated in Local Order No. (14) of 1973 Concerning the Organisation of
Public Exhibitions and Ceremonies as amended by Local Order No. (36) of 1988
and its Implementing Bylaw.
A Club may not pursue any objectives
or purposes that are illegal, or that contradict the laws and regulations in
force or the dictates of public order and morality. In addition, the promoters
and members of a Club may not engage in any political activism.
The premises and facilities of a Club
may not be utilised for other than their intended purposes. In particular, no
person, other than security personnel, may sleep or take up residence in any of
these premises or facilities.
Employees of the Competent Department,
and employees of the DM who are authorised by the Director General, may access
all premises and facilities of a Club, submit the relevant reports to the
Competent Department, and issue the necessary violation reports to record the
acts committed in breach of the provisions of this Order.
Without prejudice to any stricter
penalty stipulated in any law or other local order, any person who violates the
provisions of this Order or its implementing bylaw for the first time will be
given a written warning. In the event of repetition of the same violation, the
violator will be punished by one or more of the following penalties:
1. a fine of not less than two thousand
Dirhams (AED 2,000.00) and not more than five thousand Dirhams (AED 5,000.00).
The amount of the fine will be doubled upon committing any subsequent
violations, but must not exceed ten thousand Dirhams (AED 10,000.00); and/or
2. temporary or permanent closure of the
Club premises and revocation of the Club licence upon repetition of violations.
Such temporary or permanent closure will be imposed pursuant to a decision of
the Director General in accordance with the exigencies of public interest.
The fees and fines collected pursuant
to the provisions of this Order will be paid to the DM.
All Clubs existing by the date on
which this Order is issued must comply with its provisions within a period not
exceeding six (6) months from the effective date hereof.
Dubai Municipal Council Order No. (15)
Concerning Licensing Social Clubs is hereby repealed. All orders and
resolutions issued before the effective date of this Order will also be
repealed to the extent that they contradict its provisions.
The Director General will issue the
bylaws and resolutions required for the implementation of this Order.
This Order will be published in the
Official Gazette and will come into force on the day on which it is published.
Hamdan bin
Rashid Al Maktoum
Chairman of the Dubai
Municipality
Issued on 9 November 1995
Corresponding to 16
Jumada al-Thaniyah 1416 A.H.
©2016 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.