Human Passenger Rickshaw Hutong Tour In Beijing Franchise Provisions

Original Language Title: 北京市人力客运三轮车胡同游特许经营若干规定

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(August 1, 2007 Executive meeting of the Beijing Municipal People's Government, the 69th review on August 26, 2007, 193th, of the Beijing Municipal People's Government promulgated as of October 1, 2007) first human passenger rickshaw Hutong tour in order to regulate the city conduct reasonable development scale, maintaining the order of tourism market, according to the Beijing Municipal Tourism Administration Ordinance, these rules are formulated.
    Second human in this city's old city passenger rickshaw Hutong tour (hereinafter referred to as Hutong tour), in accordance with the provisions of the franchise.
    Hutong tour franchises in these rules refers to access to franchise operators in a certain period and within the region, alley resource for tourists on a human passenger tricycle ride (hereinafter referred to as tricycles) tour services and operational activities.
    Third municipal Tourism Administration Department is responsible for the city's Hutong tour franchise administration of organizing and coordinating work.
    District people's Government in accordance with the principle of territorial management, responsible for the administrative implementation of the Hutong tour franchise and supervision and management.
    Municipal development and reform, traffic, road transport, planning, heritage, urban management, the administrative departments of industry and commerce as well as comprehensive urban management enforcement, should be in accordance with the Division of duties related work.
    Fourth City tourism administration, in conjunction with city planning, heritage, traffic, road transport Administration Department as well as district people's Government determined Hutong tour total franchise area and three control, submitted to the municipal people's Government approved and published. Fifth District people's Government is responsible for the development of Hutong tour franchise program. Implementation programme should including following content: (a) project name; (ii) implementation institutions and permission, and duties; (three) district people Government belongs related management sector of duties; (four) business regional, and driving route, and fixed and temporary parking (station); (five) tricycle of control total; (six) Chartered operators should has of conditions and select way; (seven) price measuring, and investment returns and franchise right using fee; (eight) franchise who of main right and obligations; (nine) business term and renewal
    And (j) the heritage conservation, the environment, and measures to maintain traffic order, and so on (11) Government commitments and guarantees (12) other matters.
    Article sixth programming business area, routes, fixed and temporary parking (station) and total control of tricycle shall meet the protection of historical and cultural cities and road traffic safety and management requirements.
    Seventh district people's Government should be sought through the programme will be implemented in an appropriate manner the views of local residents, and submitted to the municipal Tourism Administration for examination and approval.
    Municipal Tourism administrative departments approving the implementation of the programme, shall consult the municipal development and reform, planning, heritage, traffic, road transportation, urban management, the administrative departments of industry and commerce involving fifth paragraph (d) of the content, should ask the public security traffic Administrative Department permission. Article eighth implementing agency shall, in accordance with the relevant provisions of the State and this municipality, in accordance with the implementation plan, established through public bidding Hutong tour franchisees and written franchise agreements with the winning bidder.
    Franchise agreement should meet implementation programme, and including following content: (a) project name; (ii) franchise way, and range, and term and renewal way; (three) business regional, and tricycle of number, and driving route, and parking programme; (four) tricycle and driving license, and franchise documents of provides, and using and recovered; (five) tricycle operation standard, and security standard, and appearance standard, and service standard; (six) charges standard, and investment returns, and adjustment mechanism; (seven) franchise right using fee;
    (H) the rights and obligations of the franchisee; (IX) the commitment of the Government and security; (j) modalities and procedures of the franchise back, (11), breach of contract and dispute resolution (12) other matters. Nineth licensed operators shall take the franchise agreement and other relevant documents, to the relevant administration procedures.
    Related departments for the administration of the review of the implementation of the programme agreed with the content, no longer repeat review findings to other content, should not result in substantive changes to main contents of franchise agreements. Tenth public security traffic Administrative Department controlling the total quantity determined according to the scheme of the trike, as the implementing agency for driving a tricycle in a designated operational area license plates.
    Enforcement agencies issued a tricycle to franchisee under the franchise agreement license and franchise documents.
    Franchise following the withdrawal of licensed operators shall, according to the franchise agreement to implementing agencies returned driving license and franchise documents.
    Article 11th tricycle shall conform to the franchise agreement of the Hutong tour franchise operating standards, safety standards, industrial standards, and in a prominent position spray, suspension logo.
    12th franchise owners are not allowed to transfer, lease, pledge, mortgage or otherwise dispose of the franchise, it may not transfer, lease, lend a tricycle license and franchise documents.
    13th implementing agency shall perform obligations pursuant to the franchise agreement.
    Related administrative departments should carry out Government commitments in the franchise agreement. 14th implementing agency shall establish quality of service complaints handling mechanism for franchisee management dynamic management and regular evaluations.
    For serious violation of franchise agreements, according to the franchise agreement back franchises.
    15th concession operators should comply with national and municipal cultural relic protection, sanitation, traffic management, tourism management regulations and perform under the franchise agreement, establish a sound management system, provides safe, quality services for tourists.
    16th driving tricycles are not in accordance with the specified travel routes, by the public security traffic Administrative Department in accordance with the provisions of the non-motor vehicle in violation of restrictions on movement behavior will be punished.
    Driving tricycles are not in the designated car park (station) parking or other violations of State, on road traffic safety management regulations, and the Act, by the public security traffic Administrative Department shall be punished according to law.
    To obtain a driving license and franchise document after punishment the tricycle drivers, the public security traffic administrative departments shall punish inform implementing agencies, held by the implementing agencies in accordance with the franchise agreement franchisees related responsibilities.
    Article 17th driving without a driving license and franchise documents rickshaw Hutong tour and business activities, consists of comprehensive urban management enforcement in accordance with the State and the municipality on unlicensed provision which has been investigated for punishment.
                                                                                                                18th article of the regulations come into force on October 1, 2007.