Article 2 These Measures shall apply to the units and individuals engaged in the business activities of tobacco monopoly products within the administrative area of this Municipality.
Article 3 The sale, storage and transportation of tobacco monopoly products shall be subject to monopoly management and tobacco monopoly license system according to law.
Article 4 The municipal tobacco monopoly administrative department shall be in charge of the tobacco monopoly work in the whole city, and the county (city) and district tobacco monopoly administrative departments shall be in charge of the tobacco monopoly work within the administrative area of the county (city) and district.
Article 5 Duties of tobacco monopoly administrative departments at all levels: (1) To publicize, implement and enforce tobacco monopoly laws, regulations and rules; (two) to supervise and manage the tobacco monopoly work within their respective administrative areas; (three) responsible for the examination, issuance and management of tobacco monopoly licenses; (four) to formulate policies and measures related to the local tobacco monopoly management, and report them to the higher authorities for approval before implementation; (five) to investigate and deal with violations of tobacco monopoly laws, regulations and rules; (six) to undertake the tobacco monopoly management work assigned by the superior tobacco monopoly administrative department and the people's government at the same level; (seven) to perform other duties as prescribed by laws, regulations and rules.
Sixth public security, industry and commerce, customs, quality and technical supervision, price, finance, transportation, railways, civil aviation, urban management supervision, postal services, maritime affairs and other departments. Should be in accordance with the duties prescribed by laws and regulations, cooperate with the department of tobacco monopoly administration to do a good job in tobacco monopoly management.
Article 7 Whoever engages in tobacco monopoly retail business must apply for a tobacco monopoly retail license, go through industrial and commercial registration according to law and obtain a business license.
Without obtaining the tobacco monopoly retail license, the administrative department for industry and commerce shall not approve the registration of the corresponding tobacco monopoly products.
Article 8 An application for a tobacco monopoly retail license shall be submitted to the county (city) or district tobacco monopoly administrative department where the business premises are located. If it meets the requirements of Article 9 of these Measures after examination, a license shall be issued within 30 days from the date of submitting the application; If the examination fails to meet the requirements, the license shall not be granted, and the reasons shall be explained in writing to the applicant.
Article 9 To obtain a tobacco monopoly retail license, the following conditions shall be met: (1) having funds suitable for the retail business of tobacco products; (2) Having a fixed business place independent of the domicile; (three) in line with the requirements of the rational distribution of tobacco products retail outlets in this Municipality; (4) Other conditions as prescribed by the State Department of Tobacco Monopoly Administration.
Article 10 Enterprises and individuals that have obtained tobacco monopoly and retail licenses must operate in accordance with the law in accordance with the mode of operation, scope of business, region and term of operation stipulated in the licenses.
No unit or individual may lend, alter, alter, forge, trade or illegally transfer the license.
Eleventh tobacco monopoly retail license to implement the "one license, one store (point)" management system.
Operators should put the tobacco monopoly retail license in a prominent position in the business premises, and the cigarettes they operate should be clearly marked.
The tobacco monopoly retail license, business license and the name indicated on the plaque shall be consistent.
Twelfth tobacco monopoly retail license to implement the annual inspection system.
If the tobacco monopoly retail license is lost, it shall apply to the original issuing authority for completing the formalities within seven days from the date of loss.
If the business entity, enterprise type or business address changes, it shall re-apply for a tobacco monopoly retail license.
When an operator needs to close down, it shall go through the formalities of closing down with the original issuing authority within seven days from the date of closing down and return the tobacco monopoly retail license.
If the tobacco monopoly retail license needs to continue to operate after the expiration of the validity period, it shall apply to the original issuing authority for renewal 30 days before the expiration of the validity period.
Thirteenth applications for tobacco monopoly wholesale enterprise license shall be implemented in accordance with the provisions of Article thirteenth of the Regulations for the Implementation of the Tobacco Monopoly Law of People's Republic of China (PRC).
No unit or individual may engage in the wholesale business of tobacco products without the license of tobacco monopoly wholesale enterprise.
Enterprises and individuals that have obtained tobacco monopoly retail licenses must purchase goods from tobacco monopoly wholesale enterprises in this Municipality.
The purchased cigarettes must be marked with the supply label supervised by the municipal tobacco monopoly administration department, and a one-size-fits-all system shall be implemented, and it is forbidden for retailers to string codes with each other.
Article 14 No unit or individual may deal in counterfeit cigarettes, smuggled cigarettes, non-cigarettes, cut tobacco and tobacco leaves.
It is strictly forbidden for any unit or individual to provide transportation, storage, custody, mailing, concealment and other convenient conditions for operators of counterfeit cigarettes, smuggled cigarettes, non-cigarettes, tobacco leaves and cut tobacco.
Article 15 The department of tobacco monopoly administration may exercise the following functions and powers when investigating and handling cases of tobacco violations: (1) Asking the parties, suspects, witnesses, units and other personnel related to illegal cases; (two) to inspect the business and storage places of tobacco monopoly products, and according to the report, compulsory inspection can be carried out on the illegal business places; (3) consulting, copying, extracting and detaining contracts, invoices, account books, bills, records, documents, business correspondence, licenses and other materials related to tobacco illegal activities; (four) in railway stations, passenger stations, airports, distribution stations, expressway, toll stations, post offices, ports and other places, check the transportation activities of tobacco monopoly products.
(five) other measures stipulated by laws, regulations and rules.
Article 16 The relevant units and departments shall notify the department of tobacco monopoly administration in a timely manner when they find illegal tobacco acts, and shall not punish them beyond their authority.
Law enforcement departments and law enforcement personnel shall not intercept or privately divide tobacco monopoly products.
Seventeenth tobacco monopoly administrative law enforcement personnel shall not be less than two when performing official duties, and shall produce valid law enforcement certificates.
If there are less than two law enforcement officers or fail to produce law enforcement certificates, the parties concerned have the right to refuse.
Eighteenth in violation of the provisions of the first paragraph of Article 7 of these measures, the administrative department for Industry and Commerce or the department of tobacco monopoly administration shall order it to stop the retail business of tobacco products, confiscate the illegal income, and impose a fine of more than 20% and less than 50% of the total illegal business.
Nineteenth in violation of the provisions of the first paragraph of Article tenth of these measures, the department of tobacco monopoly administration shall order it to make corrections and impose a fine of more than 2000 yuan 1000 yuan; Whoever forges, alters or alters the license in violation of the second paragraph shall be fined 1000 yuan; Lend, buy or sell or illegally transfer the license, the holder shall be ordered to stop the retail business of tobacco products and be disqualified from engaging in the retail business of tobacco products.
Twentieth in violation of the provisions of the first paragraph of Article eleventh of these measures, the department of tobacco monopoly administration shall order it to stop the retail business of tobacco products and impose a fine of more than 2000 yuan 1000 yuan; In violation of the provisions of the second paragraph, it shall be ordered to make corrections on the spot, and may be fined from 50 yuan to 500 yuan.
Twenty-first in violation of the provisions of the twelfth paragraph of these measures, the department of tobacco monopoly administration shall impose a fine of more than 200 yuan 1000 yuan, and shall be ordered to make corrections within a time limit; Refuses to correct, cancel its tobacco products retail business qualification.
Twenty-second in violation of the provisions of the third paragraph of Article 13 of these measures, the department of tobacco monopoly administration shall confiscate the illegal income and impose a fine of 5% to 10% of the total purchase amount.
Twenty-third in violation of the provisions of the fourteenth paragraph of these measures, the department of tobacco monopoly administration shall order it to stop the illegal act and impose a fine of 10000 yuan.
Article 24 Where a unit or individual that has obtained a tobacco monopoly retail license in violation of the provisions of these Measures is under any of the following circumstances, the department of tobacco monopoly administration shall cancel its qualification for the retail business of tobacco products: (1) It is found that it is engaged in selling counterfeit cigarettes or smuggling cigarettes; (2) Refusing or obstructing the inspection by the department of tobacco monopoly administration according to law; (three) the applicant illegally obtained the tobacco monopoly retail license by concealment or deception; (4) Being punished by the department of tobacco monopoly administration or other law enforcement agencies for illegally operating tobacco monopoly products for more than two times (including two times); (5) Being investigated for criminal responsibility for illegally dealing in tobacco monopoly products; (6) having its business license revoked by the administrative department for industry and commerce; (7) Failing to purchase goods from local tobacco monopoly and wholesale enterprises for one month in a row and refusing to make corrections after education; (eight) do not implement the administrative punishment decision of the department of tobacco monopoly administration; (nine) other circumstances stipulated by laws, regulations and rules.
Article 25 If the materials involved in the case that have been sealed up, detained or registered in advance according to law cannot be found by means of notice or announcement, or the parties concerned refuse to accept the investigation and handling, the department of tobacco monopoly administration may handle them according to law within 30 days from the date of notice and announcement.
Twenty-sixth incomes from fines and confiscations shall be uniformly printed by the provincial finance, and shall be implemented according to the relevant provisions of the separation of incomes from fines and confiscations in this Municipality.
Twenty-seventh if a party refuses to accept the decision on administrative punishment, it may, within fifteen days from the date of receiving the notice of the decision on punishment, apply for administrative reconsideration to the administrative department at the next higher level of the department that made the decision on punishment, or directly bring a suit in a people's court.
If it fails to apply for administrative reconsideration, bring a lawsuit or perform the punishment decision within the time limit, the department that made the punishment decision may apply to the people's court for compulsory execution.
Twenty-eighth tobacco monopoly administrative personnel abuse of power, corruption, bribery, dereliction of duty, given administrative sanctions by their units or the competent department at a higher level; If the case constitutes a crime, it shall be transferred to judicial organs for handling.
Twenty-ninth in violation of the provisions of these measures, refuse, hinder or interfere with the tobacco monopoly law enforcement officers to perform official duties involving public security management, shall be dealt with by the public security organs according to law; If the case constitutes a crime, it shall be transferred to judicial organs for handling.
Thirtieth the term "counterfeit cigarettes" as mentioned in these Measures refers to counterfeit registered trademarks, enterprise names and quality certification marks of others, as well as counterfeit cigarettes and cigars. The term "smuggled cigarettes" as mentioned in these Measures refers to overseas cigarettes and cigars without legal import procedures and domestic cigarettes and cigars that are illegally circulated in the domestic market and marked "exclusively for export"; The term "non-cigarettes" as mentioned in these Measures refers to cigarettes produced by unplanned cigarette factories and cigarettes and cigars that have not been listed and circulated through local tobacco monopoly channels and have no valid certificates to prove their legal purchase channels or monopoly supply labels.