XVII

XVII

The company’s use of mobile phone software to sell commercial performance tickets is a “commercial performances business activity” and requires the application of a “commercial performance permit”; otherwise, it will face administrative penalties and may even bear criminal responsibility.

Case: Company A involved in the case produced, developed, and operated the mobile phone application software F without holding the“commercial performance permit”, and sold live concert tickets for W concert on F software.The Beijing Cultural Market Administrative Enforcement Corps imposed a fine of RMB 50,000 yuan on the company.(Posted on the official website of Beijing Cultural Market Administrative Enforcement Corps.)(https://www.daowen.com)

According to the Regulation on the Administration of Commercial Performances, a performance brokerage institution that applies for engaging in commercial performance brokerage shall have three or more fulltime performance brokers and funds suitable for its business, and file an application with the culture administrative department of the people’s government of the province, autonomous region or municipality directly under the Central Government.Company A’s use of software to sell concert tickets is a “commercial performance business activity”, and should apply for a “commercial performance permit”.This case is the first case in Beijing in which administrative penalties were applied for sales of commercial performance tickets using mobile terminal applications(APP).Relevant departments of the Chinese government effectively regulate the order of the performance market through the handling of such cases.