The illegal act of operating without a license, according to the evidence obtained by the industrial and commercial sector to determine the actual situation of the unlicensed restaurant is to carry out business activities in the name of individual business or in the name of the company to carry out business activities.
Because of the name of the business activities carried out in the name of the magnitude of the penalty and the severity of the offense is different.
The majority of hotels are applying for either an "Enterprise Business License" or an "Individual Business License".
1, if the name of the enterprise company to carry out business activities
Company Law, Article 210 provides that "not legally registered as a limited liability company or joint-stock company, and pretend to use the name of a limited liability company or a joint-stock company, or not legally registered as a limited liability company or a joint-stock company's branch office, but the fraudulently uses the name of a limited liability company or a branch of a joint stock company, the company registration authority shall order rectification or banning, and may impose a fine of up to one hundred thousand yuan."
2. If the business activities are carried out in the name of an individual businessman
Article 14 of the Measures for the Investigation, Handling and Suppression of Unlicensed Businesses stipulates that, "For unlicensed business, the administrative department for industry and commerce shall prohibit the business in accordance with law and confiscate the illegal proceeds; and if it is against the law, it shall be punished in accordance with the Criminal Law on the crime of illegal business, the crime of major accidents of liability, the crime of major labor Safety Accident, Dangerous Goods, or other crimes, shall be investigated for criminal responsibility; if criminal punishment is not sufficient, a fine of not more than 20,000 yuan shall be imposed; if the scale of unlicensed operation is large and the social harm is serious, a fine of not less than 20,000 yuan shall be imposed. tools, equipment, raw materials, products (commodities) and other property used to engage in unlicensed business, and impose a fine of 50,000 yuan to 500,000 yuan."