Why did the tobacco license be confiscated, and why did the tobacco license be suspended?

Updated on society 2024-05-29
9 answers
  1. Anonymous users2024-02-11

    Is the store registered as a department store?

    But department stores and tobacco are not compatible!

    Although so many places are selling everything, registered tobacco is actually a department store.

    Registered department stores are actually tobacco, but if you really want to be more serious, they absolutely take advantage of it.

    The current situation is that I have to go on a trip to tobacco and come up with some money.

    Close it, and if it doesn't work, go to the industry and commerce and say cancel the department store.

    Re-register the tobacco shop After all, this is your main way, right, if they don't let it, you can sue, if not, then give up! It's very likely that the tobacco people have been short of money recently, just find a search and take some extra money In fact, when they come to check, you pull a leader You can solve the problem by casually stuffing some money Now it costs more money It may also be reported by someone ! In short, it all depends on money!

  2. Anonymous users2024-02-10

    There is always a reason, you ask, will your business license expire and be invalid.

    Because you sell clothing? If that's the case, let's talk about it, let's see if you can not sell clothes, you have been doing it for so many years, tobacco people, you will always know a few.

  3. Anonymous users2024-02-09

    Summary. In order to control the sales volume within a certain range, the tobacco company has restricted the issuance of tobacco monopoly licenses, the purpose of which is to cause the phenomenon of tight sales of cigarettes.

    In order to control the sales volume within a certain range, the tobacco company has restricted the issuance of tobacco monopoly licenses, the purpose of which is to cause the phenomenon of tight sales of cigarettes.

    The state's dual control of tobacco led to its suspension. In order to control sales, tobacco companies have restricted the issuance of tobacco monopoly licenses. If you want to do it, you will only have the opportunity to do it after the other people with the certificate have cancelled.

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  4. Anonymous users2024-02-08

    Legal analysis: Now the state bureau implements dual control over tobacco, tobacco companies in order to control sales within a certain range, limit the issuance of tobacco monopoly licenses, the purpose is to cause the phenomenon of tight sales of cigarettes, if you want to do it, only after one of the people with the certificate is canceled to have a chance, now generally do not expand the number of monopoly licenses.

    Legal basis: Measures for the Administration of Tobacco Monopoly Licenses

    Article 25 In any of the following circumstances, a tobacco monopoly retail license shall not be issued: (1) the business premises are not suitable for dealing in cigarettes based on safety factors;

    2) Around primary and secondary schools;

    3) Cancellation of qualifications to engage in tobacco monopoly business for less than three years;

    4) After the Tobacco Monopoly Bureau makes a decision not to accept or issue a license because the applicant conceals relevant information or provides false materials, the applicant submits another application within one year;

    5) After the tobacco monopoly license obtained by the applicant by fraud, bribery or other improper means is revoked, the applicant submits another application within three years;

    6) Engaging in tobacco monopoly business without obtaining a tobacco monopoly retail license, and being punished by law enforcement agencies more than twice within one year, and applying for a tobacco monopoly retail license within three years;

    7) Circumstances other than those stipulated by the State Tobacco Monopoly Administration that do not issue licenses.

    Article 27 The validity period of a tobacco monopoly license shall be five years at most, calculated from the date of issuance.

  5. Anonymous users2024-02-07

    Legal Analysis: It is illegal to sell cigarettes without a tobacco license.

    Legal basis: Article 3 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Involving the Illegal Production and Sale of Tobacco Monopoly Products: In any of the following circumstances, the illegal operation of tobacco monopoly products shall be found to be "serious circumstances" as provided for in article 225 of the Criminal Law:

    1) The amount of illegal business operations is 50,000 yuan or more, or the amount of unlawful gains is 20,000 yuan or more;

    2) Illegally dealing in more than 200,000 cigarettes;

    3) Having received two or more administrative punishments within three years for illegally dealing in tobacco monopoly products, and illegally dealing in tobacco monopoly products in an amount of 30,000 yuan or more.

    In any of the following circumstances, it shall be found to be "especially serious circumstances" as provided for in Criminal Law article 225:

    1) The amount of illegal business operations is 250,000 yuan or more, or the amount of unlawful gains is 100,000 yuan or more;

    2) Illegally dealing in 1 million or more cigarettes.

    Article 9 The term "tobacco monopoly" as used in this Interpretation refers to cigarettes, cigars, shredded tobacco, re-cured tobacco leaves, tobacco leaves, cigarette papers, filter rods, tobacco tows, and tobacco-specific machinery.

  6. Anonymous users2024-02-06

    It is illegal to sell cigarettes without a tobacco license. The tobacco monopoly license is issued by the Tobacco Monopoly Administration of China, which allows companies, enterprises, units and individuals to operate and sell tobacco licenses. No unit or individual can engage in tobacco business or sale without applying for a tobacco monopoly license.

    Tobacco monopoly licenses include tobacco monopoly production enterprise licenses, tobacco monopoly wholesale enterprise licenses, and tobacco monopoly retail licenses.

    Legal basisArticle 31 of the Tobacco Monopoly Law of the People's Republic of China.

    If a tobacco monopoly wholesale enterprise is engaged in the wholesale business of tobacco products without a license of a tobacco monopoly wholesale, the administrative department in charge of tobacco monopoly shall order it to close down or stop operating the wholesale business of tobacco products, confiscate the illegal gains, and impose a fine.

    Article 32.

    Anyone who engages in the retail business of tobacco products without a tobacco monopoly retail license shall be ordered by the administrative department for industry and commerce to stop the retail business of tobacco products, confiscate the illegal gains, and impose a fine.

    What information needs to be submitted to apply for a tobacco business license.

    1. New application for tobacco monopoly license;

    2. Supporting documents for the establishment of the enterprise, of which the tobacco product production and operation enterprise shall submit the documents approved by the State Tobacco Monopoly Administration for the establishment of the enterprise;

    3. Appointment documents and identity certificates of the legal representative;

    4. A copy of the industrial and commercial business license or the notice of pre-approval of the enterprise name;

    5. Other materials that must be provided by the review authority.

  7. Anonymous users2024-02-05

    In recent years, the supervision of the tobacco industry at the national level has been gradually increasing. Especially this year, the regional tobacco monopoly bureaus have successively issued relevant policies. The total amount of grid cells and retail outlets in the specified area where the regional license holding rate, per capita license holding rate, and consumption satisfaction rate exceed the saturation value.

    These policies and guidelines for the rationalization of the layout of tobacco product retail outlets in the jurisdiction, the refinement of regulations, and the return of policies and guidelines that only reduce but do not increase have a direct impact on the disappointment of tobacco licenses in newly opened retail stores. As a result, friends who have recently been running the store have said that it is difficult to get a tobacco license. After all, cigarette sales often account for more than 30% of the sales of small and micro retail stores.

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  8. Anonymous users2024-02-04

    Legal Analysis: No Tobacco Monopoly Retail License is illegal. If the tobacco products retail business is operated, the administrative department for industry and commerce or the administrative department for industry and commerce shall, in accordance with the opinions of the tobacco monopoly administrative department, order the business of tobacco products to be stopped, confiscate the illegal gains, and impose a fine of not less than 20 but not more than 50 yuan on the total amount of illegal business.

    The sale of cigarettes without a license is an illegal business operation, and if the amount of illegal business is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan, it will constitute a crime. Where the illegal conduct may be suspected of the crime of illegal business operations, violating state regulations, or 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 is to be given; where the circumstances are especially serious, the sentence is to be five or more years imprisonment and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property.

    Legal basis: Tobacco Monopoly Law of the People's Republic of China

    Article 33 Any person who produces or sells cigarettes, cigars or packaged tobacco without registered trademarks shall be ordered by the administrative department for industry and commerce to stop the production and sale and shall also be fined. Where tobacco products are produced or sold with counterfeit registered trademarks of others, the administrative department for industry and commerce shall order them to stop the infringing acts, compensate the infringed party for their losses, and may impose a concurrent fine; where a crime is constituted, criminal responsibility is pursued in accordance with law.

    Article 35 Where the resale of tobacco monopoly products constitutes a crime, criminal responsibility shall be pursued in accordance with law; If the circumstances are minor and do not constitute a crime, the administrative department for industry and commerce shall confiscate the resold tobacco monopoly products and illegal gains, and may impose a concurrent fine. Where the administrative department in charge of tobacco monopoly or the staff of a tobacco company takes advantage of their position to commit the crime described in the preceding paragraph, they shall be given a heavier punishment in accordance with law.

    Derivative question: Is there a reward for selling cigarettes without a tobacco license?

    Yes. It is the responsibility of citizens, and every citizen has the obligation to report illegal and criminal acts, but some areas will reward and keep the whistleblower confidential, and whether there is a reward should be consulted with the local **, there is no national regulation.

    There is a reward for reporting fake cigarettes, and a reward of up to 30% of the value of the physical case will be given, and there is no upper limit on the bonus; For the confirmed cases of counterfeit and shoddy cigarettes and cigars, a reward of up to 15% will be given according to the different seizure links and cigarette specifications.

  9. Anonymous users2024-02-03

    Legal analysis: The sale of cigarettes without a license is an illegal business operation, and if the amount of illegal business is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan, it will constitute a crime.

    Legal basis: Article 225 of the Criminal Law: 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, the sentence is to be five or more years imprisonment and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property.

    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, securities business, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business; (4) Other illegal business activities that seriously disrupt market order.

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