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Legal analysis: 1. Paragraph 1 of Article 5 of the Measures for the Administration of Tobacco Monopoly Licenses stipulates that the tobacco monopoly license obtained by citizens, legal persons or other organizations in accordance with the law shall be protected by law.
2. Article 52 of the Measures for the Administration of Tobacco Monopoly Licenses stipulates that citizens, legal persons or other organizations that have obtained tobacco monopoly licenses and have not carried out production and business activities within 6 months after receiving the tobacco monopoly license shall be deemed to have ceased business. The administrative department in charge of tobacco monopoly shall withdraw its tobacco monopoly license.
According to the above provisions, citizens, legal persons or other organizations that have obtained a tobacco monopoly license in accordance with the law are protected by law as long as they have not carried out business for six months after receiving the license.
Legal basis: Measures for the Administration of Tobacco Monopoly Licenses
Article 5 The tobacco monopoly license obtained by citizens, legal persons or other organizations in accordance with law shall be protected by law.
Article 52 Where a citizen, legal person or other organization that has obtained a tobacco monopoly license has not carried out production and business activities within 6 months after receiving the tobacco monopoly license, it shall be deemed to have taken a break from Hongye. The administrative department in charge of tobacco monopoly shall withdraw its tobacco monopoly license. According to the above-mentioned provisions, citizens' associations, legal persons or other organizations that have obtained a tobacco monopoly license in accordance with the law are protected by law as long as they have not carried out business for six months after receiving the license.
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Cancellation of administrative license refers to the procedural act of withdrawing the administrative license or announcing the invalidity of the administrative license by the administrative organ in accordance with the legal procedures based on the occurrence of specific facts. Cancellation is a management act, not an administrative punishment act, which does not depend on whether the party has violated the law as the applicable premise, but on the occurrence of specific objective facts. Some of this fact is related to the licensee's illegal activities, and some are only caused by objective facts.
The legal conditions for canceling the administrative license for tobacco monopoly are the inevitable requirements for continuing to deepen the emancipation of the mind and pushing forward the great cause of reform and opening up under the conditions of the new era. We should focus on the overall international environment and the general trend of world development, fully understand the importance and urgency of promoting national unity and progress from the strategic high plane of ensuring the country's long-term peace and stability, enhance our sense of political responsibility and historical mission, and constantly push the cause of national unity and progress to a new stage.
Article 70 of the Administrative Licensing Law stipulates: "In any of the following circumstances, the administrative organ shall go through the cancellation procedures for the relevant administrative license in accordance with the law: (1) the validity period of the administrative license has not been renewed; (2) An administrative license granting a citizen specific qualifications, and the citizen dies or loses the capacity to act; (3) Legal persons or other organizations, Luzhong Network Zibo, October 21, Shandong urban rail transit construction or into the era of great speed-up.
Today, the reporter learned that the first urban light rail construction project in Shandong Province was launched in Weifang a few days ago. Prior to this, following the proposal of the Qingyanwei intercity light rail concept, Jinan also planned to build 6 light rails. All this also seems to indicate that the era of urban light rail construction in Shandong is coming.
Weifang has been ranked among the first echelon of intercity light rail development in Shandong Province. Today, the reporter learned from relevant channels that the first urban light rail construction project in Shandong Province was launched in Weifang a few days ago. It is reported that the light rail with a total investment of 3 billion yuan is about 50 kilometers long, connecting the planned urban area to Binhai New Town.
terminated in accordance with law; (D) the administrative license has been revoked or withdrawn in accordance with law, or the administrative license has been revoked in accordance with law; (5) The administrative licensing matters cannot be implemented due to force majeure; (6) Other circumstances provided for by laws and regulations that shall cancel the administrative license. ”
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Tobacco Monopoly Act. Adopted at the 20th Session of the Standing Committee of the Seventh National People's Congress of the People's Republic of China on June 29, 1991, and effective as of January 1, 1992; Regulations for the Implementation of the Tobacco Monopoly Law. On July 3, 1997, it was promulgated and implemented by ***, which concretized the "Tobacco Monopoly Law" and made it easy to operate; Measures for the Administration of Tobacco Monopoly Licenses.
On February 5, 2007, it was deliberated and promulgated by the Office Meeting of the Director of the National Development and Reform Commission, and came into force on March 7, 2007; Measures for the Administration of Tobacco Monopoly Transport Permits. It was promulgated by the National Economic Commission on June 4, 2002 and came into force on July 1, 2002; Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Illegal Production and Sale of Tobacco Monopoly Products. It was jointly promulgated by the Supreme People's Court and the Supreme People's Procuratorate on March 25, 2010, and came into force on March 26, 2010.
Tobacco Monopoly Act. Adopted at the 20th Session of the Standing Committee of the Seventh National People's Congress of the People's Republic of China on June 29, 1991, and effective as of January 1, 1992; Regulations for the Implementation of the Tobacco Monopoly Law. On July 3, 1997, it was promulgated and implemented by ***, which concretized the "Tobacco Monopoly Law" and made it easy to operate; Measures for the Administration of Tobacco Monopoly Licenses.
On February 5, 2007, it was deliberated and promulgated by the Office Meeting of the Director of the National Development and Reform Commission, and came into force on March 7, 2007; Measures for the Administration of Tobacco Monopoly Transport Permits. It was promulgated by the National Economic Commission on June 4, 2002 and came into force on July 1, 2002; Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Illegal Production and Sale of Tobacco Monopoly Products. It was jointly promulgated by the Supreme People's Court and the Supreme People's Procuratorate on March 25, 2010, and came into force on March 26, 2010.
Questions. I want to open a store with a tobacco license, but I heard that the store can't be next to the kindergarten, right? Is there a requirement for this?
I want to open a store with a tobacco license, but I heard that the store can't be next to the kindergarten, right? Is there a requirement for this?
See the reply thank you.
See the reply thank you.
Right. It must be a few hundred meters away from the school.
50 meters or so.
Questions. How many meters exactly?
How many meters exactly?
Can you send the stripes over and have a look?
Can you send the stripes over and have a look?
Hello. According to the first paragraph of Article 6 of the "Reasonable Layout Plan for Tobacco Product Retail Outlets in Yichang City", there are relevant provisions in the first paragraph of the "Reasonable Layout Plan for Tobacco Products Retail Outlets in Yichang City", and tobacco product retail outlets shall not be set up within 50 meters of the entrance and exit of primary and secondary schools. Article 12 stipulates that retail households within 50 meters of the entrance and exit of primary and secondary schools that have obtained a tobacco monopoly retail license shall not be renewed after the expiration of the license.
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Legal analysis: 1. The state implements monopoly management over the production, sales, import and export of tobacco monopoly products in accordance with the law, and implements a tobacco monopoly license system.
2. The administrative department in charge of tobacco monopoly is in charge of the national tobacco monopoly work. The tobacco monopoly administrative departments of provinces, autonomous regions and municipalities directly under the Central Government are in charge of the tobacco monopoly work in their respective jurisdictions, and are subject to the dual leadership of the tobacco monopoly administrative departments and the people of the provinces, Qinqiao autonomous regions and municipalities directly under the Central Government, and the leadership of the tobacco monopoly administrative departments is the mainstay.
3. The state strengthens scientific research and technological development of tobacco monopoly products, improves the quality of tobacco products, and reduces the content of tar and other harmful ingredients.
The State and society are to strengthen publicity and education on the dangers of smoking to health, prohibiting or restricting smoking on public transportation and in public places, discouraging young people from smoking, and prohibiting primary and secondary school students from smoking.
Legal basis: Tobacco Monopoly Law of the People's Republic of China
Article 2 The term "tobacco monopoly" as used in this Law refers to cigarettes, cigars, shredded tobacco, re-cured tobacco leaves, tobacco leaves, cigarette papers, filter rods, tobacco tows, and tobacco-specific machinery.
Cigarettes, cigars, shredded tobacco, and re-cured tobacco are collectively referred to as tobacco products.
Article 3 The State shall exercise monopoly management over the production, sale, import and export of tobacco monopoly products in accordance with law, and shall implement a tobacco monopoly licensing system.
Article 4 The administrative department in charge of tobacco monopoly shall be in charge of the national tobacco monopoly work. The tobacco monopoly administrative departments of provinces, autonomous regions and municipalities directly under the Central Government are in charge of the tobacco monopoly work in their respective jurisdictions, and are subject to the dual leadership of the tobacco monopoly administrative departments and the people of the provinces, autonomous regions and municipalities directly under the Central Government, and the leadership of the tobacco monopoly administrative departments is the mainstay.
Article 5 The State shall strengthen scientific research and technological development of tobacco monopoly products, improve the quality of tobacco products, and reduce the content of tar and other harmful ingredients.
The state and society have strengthened publicity and education on the dangers of smoking jujube residues, prohibiting or restricting smoking in public transportation and public places, discouraging young people from smoking, and prohibiting primary and secondary school students from smoking.
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