Public security, industry and commerce, prices, quality and technical supervision, urban management, transportation, railroads, civil aviation, customs, postal services and other relevant departments in accordance with their respective responsibilities, to do a good job in tobacco monopoly administration. Article V tobacco monopoly license system. Engaged in tobacco monopoly production and management activities of units and individuals must apply for and obtain the appropriate tobacco monopoly license.
Not obtain a tobacco monopoly license, the administrative department for industry and commerce shall not be approved for registration of the corresponding tobacco monopoly production, business projects.
The tobacco monopoly retail license is subject to an annual inspection system. Units and individuals who have obtained a tobacco monopoly retail license shall be inspected annually in accordance with the provisions. Article 6 The municipal tobacco monopoly administrative department shall be responsible for the examination, issuance and management of tobacco monopoly retail licenses in the urban area of the city; the county (city) tobacco monopoly administrative department shall be responsible for the examination, issuance and management of tobacco monopoly retail licenses in the administrative area of the city. Article 7 The application for a tobacco monopoly retail license shall be submitted to the municipal and county (city) tobacco monopoly administrative department.
The municipal, county (city) tobacco monopoly administrative department shall make a decision on whether to grant the license within 15 days from the date of acceptance of the application and inform the applicant thereof. Article 8 The application for and issuance of a tobacco monopoly retail license shall be subject to the following conditions:
(1) Having capital appropriate to the operation of tobacco products retail business. Units and individuals engaged in the business of retailing tobacco products in towns shall have a capital of more than 5,000 yuan; units and individuals engaged in the business of retailing tobacco products in villages shall have a capital of more than 1,000 yuan;
(2) have a fixed place of business and a suitable business area. Engaged in the retail of tobacco products comprehensive store, the business area should be more than 20 square meters and set up a tobacco products counter; hotels, restaurants, catering, entertainment, bathing and other places of operation of the retail of tobacco products must be set up a tobacco products counter;
(3) in line with the requirements of the rational layout of the retail of tobacco products stores (points). Tobacco products retail stores (points) shall be set up at a ratio of no more than 3 per cent of the population density;
(4) other conditions stipulated by laws and regulations. Article IX municipal and county (city) tobacco wholesale enterprises wholesale tobacco products shall be marked with a logo that can trace its supply channels (hereinafter referred to as the supply logo), shall not wholesale tobacco products without supply logo and illegal production of tobacco products.
The supply mark is supervised by the municipal tobacco monopoly administrative department. No unit or individual shall be unauthorized production, sale, use of supply identification. Article 10 to obtain a tobacco monopoly retail license units and individuals, must be in the local tobacco monopoly wholesale enterprises, shall not be imported through other channels, shall not be sold without the supply of identification, illegal production and other channels of tobacco products. Article 11 Units and individuals who have obtained a tobacco monopoly retail license must operate at the location specified in the tobacco monopoly retail license and place the tobacco monopoly retail license in a designated location within their business premises. Article 12 Retail stores (points) operating tobacco products shall not operate or store flammable and explosive dangerous goods and poisonous and harmful products in the same store (point). Article 13 The municipal and county (city) tobacco monopoly administrative departments shall strengthen the supervision and inspection of the tobacco monopoly market. Those storing and selling tobacco monopoly products may have their storage and sales places inspected, and the inspected person shall not refuse. Measures of off-site registration and preservation may be taken to deal with illegally produced, operated and transported tobacco monopolies for which evidence may be lost. Article 14 Any violation of these provisions shall be penalized by the administrative department for tobacco monopoly and the administrative department for industry and commerce in accordance with the following provisions. If a crime is constituted, criminal responsibility shall be investigated according to law:
(1) If a person violates the provisions of Article 5 and produces tobacco products without a license of a tobacco monopoly producer, the competent administrative department of the tobacco monopoly shall order the closure of the enterprise, confiscate the illegal proceeds, and impose a fine of not less than one but not more than two times of the nominal value of the tobacco products produced, and shall publicly destroy the illegally-produced tobacco products and the production equipment.
(2) Violation of the provisions of Article 5, without a tobacco monopoly wholesale enterprise license to engage in the wholesale business of tobacco products, the administrative department in charge of tobacco monopoly shall order the closure of the wholesale business of tobacco products or to stop operating the wholesale business of tobacco products, and all the tobacco products involved in the case shall be purchased by the tobacco company designated by the administrative department in charge of tobacco monopoly in accordance with the law, and the price of the purchase price shall be calculated in accordance with the 70% of the wholesale price of the local market of such tobacco products.
(3) in violation of the provisions of Article 5, without a tobacco monopoly retail license to engage in the retail business of tobacco products, the competent administrative department for industry and commerce or the competent administrative department for tobacco monopoly ordered to stop operating the retail business of tobacco products, and the tobacco products involved in the case of the administrative department for tobacco monopoly designated by the tobacco company shall be purchased in accordance with the law, and the price of the purchase price of the tobacco products in accordance with the wholesale price of local market The purchase price shall be calculated at 70% of the local market wholesale price of the tobacco products, and the illegal income shall be confiscated (if the illegal income is difficult to determine, the illegal income shall be recovered in accordance with the amount of 500 yuan or more than 1,000 yuan or less), and a fine of at least 20% but not more than 50% of the total amount of illegal business shall be imposed.
(4) If, in violation of the provisions of Article 9, a municipal or county (city) tobacco wholesale enterprise sells illegally produced tobacco products at wholesale, it shall be ordered by the administrative department in charge of tobacco monopoly to stop the sale, confiscate the illegally produced tobacco products involved and the illegal proceeds (if the illegal proceeds are difficult to ascertain, the illegal proceeds shall be recovered in accordance with the amount of 10,000 yuan or more than 50,000 yuan or less), and be fined 20% or more than 50% of the total amount of the illegal sales. or more than 50% of the total amount of illegal sales, and the confiscated tobacco products shall be publicly destroyed. The confiscated tobacco products shall be publicly destroyed.
(6) If, in violation of the provisions of Article 10, a unit or an individual who has obtained a tobacco monopoly retail license purchases goods through channels other than local tobacco monopoly wholesalers, the tobacco products in question shall be purchased by the tobacco company designated by the administrative department in charge of tobacco monopoly in accordance with the law, and the price of the purchase shall be calculated in accordance with 70% of the wholesale price of the tobacco products in the local market, and the unlawful proceeds shall be confiscated (the unlawful proceeds shall be difficult to determine and shall be fined at a rate of not less than 200 yuan and not more than 1,000 yuan). The illegal income shall be confiscated (if the illegal income is difficult to determine, the illegal income shall be recovered in accordance with the amount of more than 200 yuan and less than 1,000 yuan) and a fine of more than 5% and less than 10% of the total amount of the purchase shall be imposed.
Violation of the provisions of subparagraphs (5) and (6) of this Article is serious, the administrative department in charge of tobacco monopoly cancellation of its tobacco monopoly retail license.