First, the investigation procedure of unlicensed operation
1, operating without a license can be investigated directly, and it is not necessary to book a license first. As for the fine, it depends on the length of operation, scale and name of operation. In the name of XXX Co., Ltd., the car wash shall be fined at least 1 10,000 yuan; In addition, the illegal income obtained in the process of unlicensed operation should be confiscated.
2. However, the industrial and commercial departments should also impose penalties in accordance with the procedures, such as sealing up business premises and seizing business equipment, and must issue a written notice and a list of property. If, after investigation and evidence collection, it is believed that it is really illegal to be punished, there must also be a written notice telling what laws have been violated and how to punish them according to what laws before a formal decision on punishment can be issued.
3. In the case that B&B has no business license, it needs to be reminded that before the industrial and commercial department issues a written notice to seal up the business premises, it must not tear up the seal and continue to operate without authorization, otherwise the punishment will be aggravated.
Two, the industrial and commercial departments to investigate and deal with unlicensed operation authority
The industrial and commercial departments may exercise the following functions and powers when investigating and banning unlicensed operation.
1, and ordered to stop relevant business activities;
2, to investigate the units and individuals related to unlicensed behavior, to understand the relevant situation;
3, enter the unlicensed business premises to carry out on-site inspection;
4. Consult, copy, seal up and detain contracts, bills, account books and other materials related to unlicensed operation;
5. Seal up and detain tools, equipment, raw materials, products (commodities) and other property specially used for engaging in unlicensed business activities;
6. Seal up unlicensed business premises with evidence showing that they are harmful to human health, have major security risks, threaten public safety and destroy environmental resources.
Legal basis: Article 225 of the Criminal Law of People's Republic of China (PRC).
1. Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income;
2. If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times the illegal income, or his property shall be confiscated:
(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted 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 stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;
(four) other illegal business activities that seriously disrupt the market order.