The penalties for unlicensed operation of restaurants are as follows:
1. The unlicensed operation 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 crimes of illegal business operation, major accidents, major labor safety accidents, accidents caused by dangerous goods or other crimes;
3. 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 ranging from 21,111 yuan to 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, confiscate tools, equipment, raw materials, products and other property specially used for unlicensed business, and impose a fine of not less than 51,111 yuan but not more than 511,111 yuan. For unlicensed business activities, the administrative department for industry and commerce shall ban them according to law and confiscate the illegal income; 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 not less than 21,111 yuan but not more than 211,111 yuan shall be imposed;
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.
It's illegal to operate catering services without permission. The punishment for operating catering services without a license is clearly defined, that is, the punishment shall be carried out in accordance with the provisions of Article 84 of the Food Safety Law, and the food and drug supervision department shall confiscate the illegal income, illegally operated food, food additives and tools, equipment, raw materials and other items used for illegal operation; If the value of illegal food and food additives is less than 11,111 yuan, a fine of more than 2,111 yuan and less than 51,111 yuan shall be imposed; If the value of the goods is more than 11 thousand yuan, a fine of more than five times and less than ten times the value of the goods shall be imposed.
Legal basis:
Article 12 of the Administrative Licensing Law of the People's Republic of China
An administrative license may be established for the following matters:
(1) Matters directly related to national security, public security, economic macro-control, ecological environment protection, personal health, life and property safety and other specific activities that need to be approved according to legal conditions;
(2) matters that need to be endowed with specific rights, such as the development and utilization of limited natural resources, the allocation of public resources and the market access of specific industries directly related to the interests of the public;
(3) For occupations and industries that provide public services and are directly related to the interests of the public, it is necessary to determine the qualifications and qualifications with special reputation, special conditions or special skills; (four) important equipment, facilities, products and articles directly related to public safety, personal health and life and property safety, which need to be examined and approved by inspection, testing and quarantine in accordance with technical standards and specifications;
(5) the establishment of an enterprise or other organization, etc., matters that need to determine the subject qualification; (six) other matters that can be set up by laws and administrative regulations.
article 29 if a citizen, legal person or other organization needs to obtain an administrative license for engaging in a specific activity according to law, it shall apply to the administrative organ. If the application needs to be formatted, the administrative organ shall provide the applicant with the formatted text of the application for administrative license. The format text of the application form shall not contain any content that is not directly related to the application for administrative license. The applicant may entrust an agent to file an application for administrative license. However, unless the applicant should apply for administrative license at the office of the administrative organ according to law. The application for administrative license can be made by letter, telegram, telex, fax, electronic data interchange and e-mail.
article 71 where an administrative license is set in violation of the provisions of article 17 of this law, the relevant authority shall order the authority that set the administrative license to correct it or revoke it according to law.
Measures for Investigating and Banning Unlicensed Business Operation
Article 14 The business operation without a license 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.