How to punish unlicensed catering business is as follows:

1. The unlicensed catering business shall be banned by the administrative department for industry and commerce according to law, and the illegal income shall be confiscated;

2. 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, serious accidents, serious labor safety accidents, accidents caused by 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;

3. If the scale of unlicensed operation is large and the social harm is serious, a fine ranging from 21,111 yuan to 211,111 yuan shall be imposed;

4. If the unlicensed operation is harmful to human health, has major security risks, threatens the safety of the public and destroys environmental resources, the tools, equipment, raw materials, products (commodities) and other properties specially used for unlicensed operation shall be confiscated, and a fine ranging from 51,111 yuan to 511,111 yuan shall be imposed.

unlicensed operation means that the business operator engages in relevant business activities without obtaining the 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:

1. According to Article 84 of the Food Safety Law of the People's Republic of China

, if anyone engages in food business activities without a license, the administrative department for industry and commerce shall confiscate the illegal income, illegal food, tools, equipment and other articles used for illegal business, and if the value of illegal food business is less than 11,111 yuan, he shall be fined between 2,111 yuan and 51,111 yuan; If the value of the goods is more than RMB 11,111, a fine of more than 5 times and less than 11 times of the value of the goods shall be imposed.

2. Article 14 of the Measures for Investigating and Banning Unlicensed Business

stipulates that if there are other provisions in laws and regulations, those provisions shall prevail.