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1. Definitions. The crime of illegal business operation refers to the unauthorized operation of monopoly or monopoly goods or other restricted items, the purchase and sale of import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws and administrative regulations, as well as engaging in other illegal business activities, disrupting market order, and the circumstances are serious.
2. Legal Provisions.
Criminal Law: Article 225: Where state provisions are violated by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given, 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 1 and 5 times the amount of unlawful gains or confiscation of property is to be given
1) Engaging in monopoly or monopoly goods or other restricted items as provided for by laws and administrative regulations 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 securities, insurance business, 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.
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Yes, you need to do an extension.
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Legal analysis: You can replace the new license in accordance with the following procedures: 1. Provide an application for the continuation of the "Catering Service License" 2. Provide a copy of the original "Catering Service License" 3. Provide explanatory materials that have changed or not changed the business premises, layout process, and health facilities of the original "Catering Service License" 4.
Legal basis: Measures for the Administration of Catering Service Licensing
Article 19 If a catering service provider needs to renew the Catering Service License, it shall submit a written application for renewal to the original licensing department 30 days before the expiration of the Catering Service License. If the application for renewal is submitted within the time limit, it shall be handled in accordance with the new application for the "Catering Service License".
Article 20th application for the renewal of the "Catering Service License" shall be provided with the following materials: (1) Application for the renewal of the "Catering Service License"; (2) A copy of the original "Catering Service License"; (C) the original "catering service license" of the business premises, layout process, sanitation facilities and other content has changed or no change in the explanatory materials; (4) Other residual mold materials stipulated by the food and drug supervision and administration departments of provinces, autonomous regions and municipalities directly under the Central Government.
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1. Is there a fine for the expiration of the small catering business license?
1. The fine for the expiration of the small catering business license is generally between 2,000 yuan and 50,000 yuan. The business license is a certificate that certain industries must be licensed by law, and the license is handled by the competent department, and its role is mainly to standardize operation and sales.
2. Legal basis: Article 35 of the Law of the People's Republic of China on Food Suspicion of Gao Anfan.
The state implements a licensing system for food production and operation. Those engaged in food production, food sales, and catering services shall obtain a license in accordance with law. However, a licence is not required for the sale of edible agricultural products or products and the sale of pre-packaged food only.
If only pre-packaged food is sold, it shall be reported to the local people's food safety supervision and management department at or above the county level for the record.
The local people's food safety supervision and management department at or above the county level shall, in accordance with the provisions of the Administrative Licensing Law of the People's Republic of China, review the relevant information submitted by the applicant as required by the provisions of items 1 to 4 of the first paragraph of Article 33 of this Law, and conduct on-site verification of the applicant's production and business premises if necessary; If the prescribed conditions are met, the license shall be granted; If the prescribed conditions are not met, permission shall not be granted and the reasons shall be explained in writing.
2. What are the application materials for the small catering business license?
1. Application form;
2. A copy of the applicant's identity certificate;
3. A copy of the business license;
4. Description of equipment layout and sanitary facilities of catering service business premises;
5. It includes a management system to ensure food safety, such as purchase inspection records, employee health management, and food safety accident disposal.
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Dear, I'm glad to answer for you, the food business license expires and can only be re-processed. If you want to renew the food business license, you must apply for it 30 working days before the expiration of the validity period, and if the time limit is exceeded, you can only apply for it again. The following materials need to be submitted to apply for a food business license:
1.Application for food business license. 2.
A copy of the business license or other entity qualification documents. 3.The layout of the main equipment and facilities suitable for the food operation, the operation process of the town and the careful operation of the town.
4.Food safety self-inspection, employee health management, purchase inspection records, food safety accident disposal and other rules and regulations to ensure the food safety of the skin.
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Summary. Hello Hello Hello <>Hello Hello
The small catering business license has expired: bring the original and copy of the business license, the enterprise ** certificate, the official seal and the legal person seal to the industrial and commercial branch where your unit is registered. That is, the business license is a certificate issued by the administrative authority for industry and commerce to industrial and commercial enterprises and self-employed persons to allow them to engage in a certain production and business activity.
The format is uniformly prescribed by the State Administration for Market Regulation.
What should I do if my small catering business license expires?
Hello Hello Hello <>Hello Hello
The small catering business license has expired: bring a copy of the business license, the enterprise ** certificate, the official seal and the legal person seal to the industrial and commercial branch where your unit is registered. That is, the business license is a certificate issued by the administrative authority for industry and commerce to industrial and commercial enterprises and self-employed persons to allow them to engage in a certain production and repentance banquet activities.
The format is uniformly prescribed by the State Administration for Market Regulation.
The registration items are: name, address, person in charge, amount of funds, economic components, business scope, business mode, number of employees, business period, etc. The business license is divided into the original and the copy, and the two have the same legal effect.
The original shall be placed in a conspicuous position in the company's residence or place of business, and the business license shall not be forged, altered, leased, lent or transferred.
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Hello, dear <>
What should I do if the record certificate of a small food business store expires 1. What should I do if the food record certificate expires The State Administration for Market Regulation has made a clear reply in the public message system: if the food business license expires and does not apply for renewal, Article 122 of the Food Safety Law shall apply to "engage in food production and operation without obtaining a food production and operation license". What does this mean?
This means that the food business license expires and does not apply for continuation and continues to operate, or faces the confiscation of illegal income and illegal production and operation of food, food additives, tools, equipment, raw materials and other items used in illegal production and operation by the market supervision and management department; Where the value of food or food additives illegally produced or traded is less than 10,000 yuan, a fine of between 50,000 and 100,000 yuan shall be imposed; If the value of the goods is more than 10,000 yuan, a fine of between 10 and 20 times the value of the goods shall be imposed. In accordance with the provisions of the Food Safety Law of the People's Republic of China, if you operate food that exceeds the shelf life, the relevant competent departments shall confiscate the illegal income, the food produced and operated illegally and the tools, equipment, raw materials and other items used for illegal production and operation in accordance with their respective responsibilities and division of labor; where the value of food illegally produced or traded is less than 10,000 yuan, a fine of between 2,000 and 50,000 yuan shall be imposed; if the value of the goods is more than 10,000 yuan, a fine of between 5 and 10 times the value of the goods shall be imposed; and where the circumstances are serious, the license is revoked. 3. What are the legal responsibilities for food safety Knowing that the illegal acts specified in the preceding paragraph are still provided with production and business premises or other conditions, the people's food and drug supervision and administration department at or above the county level shall order them to stop the illegal acts, confiscate the illegal gains, and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan; If the legitimate rights and interests of consumers are harmed, they shall be jointly and severally liable with the producers and traders of food and food additives.
Article 123: In violation of the provisions of this Law, in any of the following circumstances, which does not constitute a crime, the people's food and drug supervision and administration department at or above the county level shall confiscate the illegal gains and the food illegally produced and operated, and may confiscate the tools, equipment, raw materials and other items used in the illegal production and operation; where the value of food illegally produced or traded is less than 10,000 yuan, a fine of between 100,000 and 150,000 yuan shall be imposed; if the value of the goods is more than 10,000 yuan, a fine of between 15 and 30 times the value of the goods shall be imposed; where the circumstances are serious, the permit is revoked, and the public security organs may detain the directly responsible managers and other directly responsible personnel for between 5 and 15 days. The above is the introduction of the legal express for what to do if the food record certificate expires, if the food record expires, it must be solved in time, if it is found by the relevant personnel, then it will face very serious penalties, and even face detention. If you want to know more about other legal issues, you can consult a Legal Express lawyer in detail.
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