The legal issue of a black Internet caf , is it illegal to open a black Internet caf

Internet cafes must apply for business licenses, network culture business licenses, public security security certificates, fire protection certificates, etc. If a black Internet café is illegally operated, the public security department may investigate and deal with it and may seal it up and confiscate it.

However, law enforcement officers will need to show their documents.

For the disposal of computers in black Internet cafes, generally the industrial and commercial departments and the public security departments must act together, and there is no need for any credentials, as long as the industrial and commercial business license and Internet café franchise certificate are checked, you can carry things if you don't have them. Theoretically, the equipment related to the operation of the Internet café can be taken away, including the collection unit

Not anymore. If it is collected, a list of fines and confiscations will be issued.

The Regulations on the Administration of Entertainment Venues stipulate that Article 40 Where a person violates the provisions of these Regulations by engaging in the business activities of an entertainment venue without authorization, the administrative department for industry and commerce and the competent department for culture shall ban it in accordance with law; Where public security departments discover that they have engaged in the business activities of entertainment venues without authorization when investigating and handling public security or criminal cases, they shall ban them in accordance with law.

The State Administration for Industry and Commerce stated that the special tools and equipment used by the operators of black Internet cafes to engage in illegal business operations should be confiscated in accordance with the law, and it is strictly forbidden to use fines in escrow. Illegal Internet cafes that have already been investigated and dealt with should be recorded in the case file, and regular follow-up inspections should be carried out. Those who knowingly provide access services or lease premises for black Internet cafes will also be severely punished in accordance with regulations.

"Black Internet cafes" are business establishments that have not applied for licenses and have set up Internet access services.

Article 27 of the "Regulations on the Administration of Business Premises for Internet Access Services" Whoever violates the provisions of these Regulations by setting up business premises for Internet access services without authorization, or engaging in Internet access service business activities without authorization, shall be banned by the administrative department for industry and commerce or by the administrative department for industry and commerce, in conjunction with the public security organs, in accordance with law, to seal up the premises where they engage in illegal business activities, and to seize special tools and equipment for engaging in illegal business activities; If the criminal law is violated, criminal responsibility shall be investigated in accordance with the provisions of the Criminal Law on the crime of illegal business operation; where criminal punishment is not sufficient, the administrative department for industry and commerce shall confiscate the illegal gains and the special tools and equipment for engaging in illegal business activities; where the illegal business turnover is more than 10,000 yuan, a fine of between 5 and 10 times the illegal business turnover shall be imposed; where the illegal business turnover is less than 10,000 yuan, a fine of between 10,000 and 50,000 yuan shall be imposed.

Summary. If a black Internet café that has been open for one year has no other suspected criminal acts, and the profit reaches more than 20,000 yuan, it can be investigated for criminal responsibility according to the crime of illegal operation. However, generally speaking, this kind of behavior of opening a black Internet café will not be punished, but only a fine.

If there are no other suspected criminal acts, if the black Internet café has been open for one year, and the profit reaches more than 20,000 yuan, it can be investigated for criminal responsibility according to the crime of illegal business operation. However, generally speaking, this kind of behavior of opening a black Internet café will not be punished, but only a fine.

Legal basis: Article 225 of the Criminal Law of the People's Republic of China [Crime of Illegal Business Operations] Whoever violates state regulations by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, is to be sentenced to up to five years imprisonment or short-term detention, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between one and five times the amount of unlawful gains or confiscation of property is to be given: (1) Engaging in franchises, monopoly items, or other restricted items as provided for by laws or administrative laws without permission; (2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws and administrative regulations; (3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business without the approval of the relevant competent state departments; (4) Other illegal business activities that seriously disrupt market order.

What exactly is the problem you are experiencing? Please also describe your problem in detail.

Legal Analysis: Generally Illegal. According to the provisions, whoever violates state regulations by operating monopoly or monopoly goods or other restricted items as stipulated by laws and administrative regulations without permission, disrupts market order, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined.

Legal basis: Article 14 of the Measures for the Administration of Business Premises for Internet Access Services Article 14 Where the provisions of these Measures are violated by opening an Internet access service business premises without obtaining a business license, the telecommunications regulatory bodies of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the provisions of Article 19 of the Measures for the Administration of Internet Information Services, order the closure of the business premises, confiscate all equipment and illegal gains from illegal business activities, and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan.

Legal analysis: According to the provisions of the "Measures for the Administration of Internet Access Service Business Imitation Venues", the Internet Internet access service business premises opened without obtaining a business license shall be governed by the telecommunications management agencies of provinces, autonomous regions and municipalities directly under the Central Government.

Legal basis: Measures for the Administration of Internet Information Services" Article 19: Where there are illegal gains, confiscate the illegal gains, and impose a fine of between 3 and 5 times the amount of the illegal gains from the law, and where there are illegal gains or the illegal gains are less than 50,000 yuan, a fine of between 100,000 and 1,000,000 RMB is to be imposed, and if the festival is serious, it is to be ordered to close**.