Dubai Municipality. Local Order No. 96 of Concerning Licensing and Regulating the Social Clubs in the Emirate of Dubai

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Transcription:

Local Order No. 96 of 1995 Chairman of Dubai Municipality (DM): - After perusal of the authorities vested legally in us by virtue of the decree on establishing Dubai Municipality. - Order No. 15 issued by the Dubai Municipality Council concerning licensing social clubs. - Order No. 14 of 1973, as amended by Local Order No. 36 of 1988 with respect of organizing public exhibitions and ceremonies. - And of what was presented to us by the Director General of Dubai Municipality, We the Chairman of Dubai Municipality promulgate the following Local Order:- Article (1): This order shall be called Local Order Concerning Licensing and Regulating the Social Clubs in the Emirate of Dubai. Article (2): In application of the provisions of this Order, the following terms and expressions shall have the meanings assigned thereto unless the context otherwise: The Emirate: shall mean the emirate of Dubai. The Municipality: shall mean Dubai Municipality. Director General: shall mean the Director General of Dubai Municipality. Competent Department: shall mean the Administration Officer at Dubai Municipality. The Club: shall mean each society, community or organization that includes a group of people for the purposes of practicing any activity or different activities whether social, sports, cultural, artistic, entertainment or charity activities and the equivalent.

The Register: Shall mean the register regulated by the competent department for the purposes of recording the data and information of the club obtaining a license. Article (3): The provisions of this Order shall apply to all existing clubs at the time of issuing or the clubs to be establishing after applying such Order. Public Benefit Associations which were established by virtue of Federal Law No. 6 of 1974 and amendments thereto as well as the clubs, unions and societies operating in the fields of youth and sports welfare which were established by virtue of Federal Law No. 12 of 1972 shall be excluded from the provisions of this Order. First: Conditions and Procedures of Establishing and Licensing Clubs Article (4): No natural or legal person or any group shall establish or found a club whatever is the aim or purpose of such establishment or foundation and no natural or legal person or any group shall practice any of the different activities practices therein or open branches thereof or relocate same from a place to a place, unless after obtaining the approval of Dubai Municipality (DM) and completing the registration and licensing procedures in accordance with the provisions of this Order. A- Conditions of the Establishment of Clubs: Article (5): In order to establish a club, founders shall lay down the Articles of Incorporation that includes the following data: 1- The name and headquarters of the club. 2- The activities of the club and the purpose for which it was established. 3- The name of the founding entity or members and the nationalities, professions and addresses thereof. 4- The conditions and procedures of membership and the rights and duties of members.

5- The manner of the formation of the board or administrative authority assigned to the management of the club and the powers thereof. 6- The financial resources of the club. 7- Provisions of dissolution and liquidation. Article (6): The headquarters of the club shall be provided by and including all the facilities, utilities and equipment required for practicing the activities for which such club was established. Such facilities and utilities shall fulfill the requirements of health, safety and security as well as public health in accordance with the conditions and requirements set by the competent authorities in this regard. B- Procedures of Licensing the Clubs: Article (7): A particular register called The Register of Licensing Social Clubs shall be established in Dubai Municipality and the form of such register and the data and information that should be recorded therein shall be defined by the Director General. Article (8): The seeker of the license of the club or the branch thereof shall submit a license application in accordance with the form prepared for this purpose to the competent authority and shall enclose therewith the required documents and instruments. The Executive Regulations shall define all the documents and instruments that should be enclosed with the license application. Article (9): The competent authority shall study the submitted application and shall within thirty (30) days maximum from the date of submitting the application issue a decision on approving or rejecting the application. In case the competent authority rejects the application, it shall state the reasons. Article (10): The competent authority shall collect the fees required for issuing, renewing or modifying a license from the licensing seeker after the approval of the related application is issued.

The Director General shall issue the decisions required for defining the said fees in accordance with the application type. Article (11): Each license seeker whose application was rejected may submit a complaint to the Director General against the rejection decision within thirty (30) days from the date of notifying same of such rejection. The Director General shall issue a decision about the said complaint within two (2) months from the date of submitting same and the decision to be taken thereby shall be final. Article (12): The club establishment license shall be issued inclusive of all the data of the club, registration number thereof, date and period of the license, the name of the entity to which the license is issued and the type of activities to be practiced in the club. The club shall acquire the legal entity after completing the procedures of registration in the register. Article (13): Any club licensed to practice the activity thereof in the emirate may not introduce any amendment to the Articles of Incorporation thereof or to the data of the administrative authority thereof except after obtaining the approval of the competent authority. Article (14): The license of the club shall be valid for two (2) years from the issue date. The license may be renewed for a similar period upon expiry every time upon request of the club in accordance with the renewal procedures defined by Dubai Municipality in this respect. Second: Obligations of the Social Clubs Article (15): The club shall abide by practicing the activity or activities stated in the license issued thereto in accordance with the provisions of the Articles of Incorporation thereof. No club shall practice trade activities or speculation for the purpose of making profit whether inside or outside the clubs.

Article (16): The events, activities, festivals and exhibitions whether for artistic, charity or entertainment purposes, which are organized by the club inside or outside the headquarters thereof shall be subject to the provisions and conditions stated in Local Order No. 14 of 1973, as amended by Local Order No. 36 of 1988 concerning the organization of public exhibitions and ceremonies and the Executive Regulations thereof. Article (17): The club may not seek any illegal goals or purposes or goals or purposes that violate the applicable laws and regulations or the morals and public order. No members or affiliates of the club shall exercise any political activity. Article (18): The facilities and utilities of the club may not be used for purposes other than the defined uses. Particularly, such facilities and utilities shall not be used for residence or sleeping, apart from the guarding jobs. Third: Monitoring, Inspection and Penalties Article (19): The employees at the competent authority and the employees authorized by the Director General at the competent authority shall have the right to enter all the facilities and units of the clubs and to submit the reports thereof to the competent authority and conduct the required reports about any acts violating the provisions of this Order. Article (20): Without prejudice to any severer penalty stipulated by any other law or Local Order, a written notice shall be directed for the first time to anyone who violates the provisions or Executive Regulations of this Order. In case the violation is recurred, the violator shall be punished by one or more of the following penalties:

1- A fine that is no less than two thousand dirham only (AED 2000) and no more than five thousand dirham only (AED 5000). The penalty shall be doubled upon making any other subsequent violation without exceeding ten thousand dirham only (AED 10000). 2- The temporary or permanent closure of the club headquarters and the cancellation of the issued license in case violations are repeatedly made by the club. The temporary or permanent closure of the club shall be made in accordance with the decision of the Director General, as per the requirements of the public good. Fourth: Final Provisions Article (21): All the collected fees and paid fines shall by virtue of the provisions of this Order be transferred to the treasury of Dubai Municipality. Article (22): All the clubs existing at the time of issuing this Order shall adjust the status thereof in accordance with the provisions thereof within a period that does not exceed six (6) months from the date of applying same. Article (23): The Local Order No. 15 issued by the Dubai Municipality Council concerning the licensing of social clubs shall be repealed and the previous orders and resolutions shall be repealed to the extent that said orders and resolutions violate the provisions of this Order. Article (24): The Director General shall issue the regulations and decisions required for implementing this Order. Article (25): This Order shall be published in the Official Gazette and shall take force as of the date of publication. Hamdan bin Rashid Al-Maktoum Chairman of Dubai Municipality Issued on 9 th of November, 1995 Dubai Municipality