if the illegal act of operating without a license is discovered and investigated by the industrial and commercial department or the food and drug supervision and administration department, the fine will be affirmative. In what name operators carry out business activities, the extent of punishment imposed by law enforcement departments and the severity of illegal acts are different.

1. The boundary between "unlicensed operation" and "unlicensed operation" and the regulatory authorities

Unlicensed operation refers to an operator who engages in relevant business activities without obtaining a license or approval document according to law, or the license or approval document is revoked, revoked or expires. The opinion draft stipulates that if laws and regulations clearly stipulate the investigation department of "unlicensed operation", it shall be investigated and dealt with by the statutory department; If the investigation department is not specified in laws and regulations or is unclear, it shall be investigated by the department determined by the people's government of the province, autonomous region or municipality directly under the Central Government.

unlicensed operation refers to that an operator can engage in business activities only by obtaining a business license according to law, or engages in business activities without obtaining a business license after obtaining a license or approval document. Unlicensed operation shall be investigated and dealt with by the industrial and commercial departments.

the opinion draft stipulates the administrative compulsory measures that the industrial and commercial departments have the right to take when investigating and dealing with the suspected unlicensed operation, and the licensing examination and approval departments should take measures according to the provisions of relevant laws and regulations when investigating and dealing with the suspected unlicensed operation; At the same time, it is clear that the investigation department should record the illegal acts of unlicensed operators in credit files and improve credit supervision. For those who have the legal conditions to apply for a license and have the willingness to continue to operate, they should urge and guide them to handle the corresponding licenses according to law.

Legal basis:

Article 14 of the Measures for Investigating and Banning Unlicensed Business

Unlicensed business shall be banned by the administrative department for industry and commerce according to law, and the illegal income shall be confiscated; Those who violate the criminal law shall be investigated for criminal responsibility according to the provisions of the criminal law on the crime of illegal business operation, the crime of major accidents, the crime of major labor safety accidents, the crime of causing accidents with dangerous goods or other crimes; If it is not serious enough for criminal punishment, a fine of less than 21,111 yuan shall be imposed; If the scale of unlicensed operation is large and the social harm is serious, a fine of more than 21,111 yuan and less than 211,111 yuan shall be imposed; Unlicensed business practices endanger human health, have major security risks, threaten the safety of the public, and destroy environmental resources. Tools, equipment, raw materials, products (commodities) and other property specially used for unlicensed business operations shall be confiscated, and a fine of 51,111 yuan to 511,111 yuan shall be imposed.