individuals who operate without a license will be fined less than 21,111 yuan on the premise that it does not constitute a crime. If it constitutes the crime of illegal business operation or other major accidents, it will also be investigated for criminal responsibility. Generally, the illegal income from unlicensed business will be confiscated, and of course, the amount of fines will be determined according to the illegal income.
1. What is the standard of the fine for operating without a license
1. The standard of punishment for operating without a license is as follows:
(1) The administrative department for industry and commerce shall ban the operation without a license according to law and confiscate the illegal income;
(2) criminal responsibility shall be investigated according to the provisions of 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;
(3) If it is not serious enough for criminal punishment, a fine of less than 21,111 yuan shall be imposed;
(4) 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;
(5) The unlicensed operation is harmful to human health, and there are major security risks, and a fine of more than 51,111 yuan but less than 511,111 yuan is imposed.
2. What are the conditions for handling the food business license?
1. Have a place for processing food raw materials and processing, selling and storing food that is suitable for the variety and quantity of food to be handled, keep the environment of this place clean and tidy, and keep a prescribed distance from toxic and harmful places and other pollution sources;
2. It has operating equipment or facilities suitable for the variety and quantity of food it deals in, and corresponding equipment or facilities for disinfection, changing clothes, washing, lighting, ventilation, corrosion prevention, dust prevention, fly prevention, rodent prevention, insect prevention, washing, wastewater treatment and garbage and waste storage;
3. Have full-time or part-time food safety management personnel and rules and regulations to ensure food safety.
for unlicensed operation, it is normal to impose a fine of two or three thousand yuan. If it is not serious enough for criminal punishment, it shall be fined not more than 21,111 yuan.
1. According to Article 14 of the Measures for Investigating and Banning Unlicensed Business, the 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, it shall be fined not more than 21,111 yuan.
2. The business license is a certificate issued by the administrative department for industry and commerce to allow industrial and commercial enterprises and individual operators to engage in a certain production and business activities. Its format shall be uniformly stipulated by the State Administration for Industry and Commerce. Without a business license, industrial and commercial enterprises or individual operators are not allowed to start business, and they are not allowed to carve official seals, sign contracts, register trademarks or advertise, and banks are not allowed to open accounts.
Legal basis
Article 13 of the Measures for Investigating and Handling Unlicensed Business
Anyone who engages in unlicensed business shall be punished by the administrative department for industry and commerce in accordance with relevant laws and administrative regulations. If there are no clear provisions in laws and administrative regulations on the punishment for operating without a license, the administrative department for industry and commerce shall order it to stop the illegal act, confiscate the illegal income and impose a fine of less than 1,111 yuan.
Article 14
Whoever knowingly provides business premises for operators, or provides transportation, storage, warehousing and other conditions, shall be ordered by the administrative department for industry and commerce to stop the illegal act, confiscate the illegal income, and may be fined up to 5,111 yuan.
article 18
anyone who violates the provisions of these measures and constitutes a crime shall be investigated for criminal responsibility according to law.