Question 1: What penalties will be imposed for opening a restaurant without a business license? If the illegal act of operating without a license is discovered and investigated by the industrial and commercial department or the food and drug supervision and administration department, the fine will be affirmative.

In what name do business operators carry out business activities, the extent of punishment imposed by law enforcement departments and the severity of illegal acts are different.

1. The industrial and commercial department is responsible for investigating the unlicensed operation of food and beverage outlets.

Article 14 of the Measures for Investigating and Banning Unlicensed Operation stipulates that "the unlicensed operation 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; 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 property specially used for unlicensed operation shall be confiscated and a fine of not less than 51,111 yuan but not more than 511,111 yuan shall be imposed. "

2. The food and drug supervision and administration department is responsible for handling the illegal acts of restaurants without a Catering Service License. Article 84 of the Food Safety Law states, "Whoever, in violation of the provisions of this Law, engages in food production and marketing activities without permission or produces food additives without permission, the relevant competent departments shall, according to their respective functions and duties, confiscate the illegal income, illegally produced and marketed food, food additives and tools, equipment, raw materials and other items used for illegal production and marketing; If the value of food and food additives illegally produced and operated 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 11,111 yuan, a fine of more than five times and less than ten times the value of the goods shall be imposed. "

question 2: how is the unlicensed operation of the catering industry punished? Which departments are responsible for the implementation? Warning, reissue. If the warning is invalid and you don't reissue it, you will be fined. The number of fines depends on the size of your catering.

by industry and commerce.

question 3: how much will the restaurant be fined for opening before the business license is completed? 1. Opening a snack bar for one month without a business license and catering service license will be punished.

2. It is not necessary to be punished for engaging in catering business activities without a business license and catering service license. First, if you are found or reported when you are inspected by the Industrial and Commercial Bureau, in some places, a notice of order to make corrections (or a notice of handling a photo within a specified time limit) will be issued first. If you still fail to apply for a business license and a catering service license within the specified time limit, they will punish you; In some places, you are directly investigated and finally punished. Because issuing a notice to order correction is not a necessary procedure stipulated in the Food Safety Law and the measures for investigating and banning unlicensed business. Second, if you are not reported or found by industrial and commercial law enforcement personnel in the course of business operation, you will not be punished.

question 4: how is the unlicensed operation of the catering industry punished? Which departments are responsible for the implementation? Business without a license shall be fined at least 31% and less than 51% of the turnover, and the industry and commerce shall be responsible for it.

Question 5: How to punish a restaurant that has been operating without a license for one month, and how much it will be fined, and administrative penalties shall be imposed according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

1. Article 14 of the Measures for Investigating and Banning Unlicensed Operation stipulates: 1. 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 criminal law on the crime of illegal business operation, serious accident, accident caused by dangerous goods or other crimes;

3. If the case 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 ranging from 21,111 yuan to 211,111 yuan shall be imposed;

5. 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.

6. if there are other provisions in laws and regulations on the punishment of unlicensed operation, those provisions shall prevail.

article 225 of the criminal law, if the crime of illegal business operation violates the provisions of the state, illegally operates and disrupts the market order, if the circumstances are serious, it 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; 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 his illegal income or his property shall be confiscated.

III. Criteria for filing a criminal case for the crime of illegal business operations. Those who engage in other illegal business operations have one of the following circumstances:

1. The amount of personal illegal business operations is more than 51,111 yuan, or the amount of illegal income is more than 11,111 yuan;

2. The illegal business operation amount of the unit is more than 511,111 yuan, or the illegal income amount is more than 111,111 yuan;

3. Although the above-mentioned amount standard is not met, he has been given administrative punishment for the same illegal business operation for more than two times within two years, and has engaged in the same illegal business operation;

4. Other serious circumstances.

question 6: it is illegal to punish those who engage in catering services without obtaining a catering service license. Article 37 of the Supervision Measures clearly stipulates the punishment for operating catering services without a license, that is, according to the provisions of Article 84 of the Food Safety Law, the food and drug supervision department shall confiscate the illegal income of the perpetrator, 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.

in addition to the unlicensed operation behavior directly identified, the following situations are investigated and dealt with without obtaining the catering service license: changing the catering service business address, licensing category and remark items without authorization; "Catering Service License" is still engaged in catering services beyond the validity period; Using the transferred, altered, lent, resold or leased Food and Beverage Service License, or using the illegally obtained Food and Beverage Service License in other forms to engage in food and beverage services.

what measures can food and drug regulatory authorities take when performing their regulatory duties?

the food and drug supervision department is the executive body of food safety supervision in catering services. The food and drug supervision department can take the following measures when performing its supervisory duties according to the provisions of Article 77 of the Food Safety Law: First, enter the business premises of catering service providers (places directly or indirectly related to food processing and sales, including food processing and dining places) for on-site inspection; The second is to sample and inspect the food produced, processed and sold by catering service providers; The third is to consult and copy the relevant contracts, bills, account books and other relevant materials of catering service providers; The fourth is to seal up and detain foods that have evidence to prove that they do not meet food safety standards, illegally used food raw materials, food additives, food-related products, and tools and equipment used for illegal operation or pollution; The fifth is to seal up places that illegally engage in catering service business activities.

question 7: can the business department of the restaurant operate without a license be under its jurisdiction? Q: Article 29 of the Food Safety Law stipulates: "The state practices a licensing system for food production and operation. Engaged in food production, food circulation and catering services, food production licenses, food circulation licenses and catering service licenses shall be obtained according to law. " Business operators who violate the provisions of this article without obtaining a license, and the corresponding penalty clause is Article 84: "Those who engage in food production and marketing activities or produce food additives without permission in violation of the provisions of this law, the relevant competent departments shall, according to their respective responsibilities, confiscate the illegal income, illegally produced and marketed food, food additives and tools, equipment, raw materials and other items used for illegal production and marketing; If the value of food and food additives illegally produced and operated 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 11,111 yuan, a fine of more than five times and less than ten times the value of the goods shall be imposed. " The "unauthorized" referred to in Article 84 obviously refers to the license, not including the business license. The industrial and commercial departments shall not, in accordance with the provisions of this article, impose penalties on operators who have not obtained catering service licenses. But the Food Safety Law doesn't stipulate that a business license should be obtained, so we can't apply the Measures for Investigating and Banning Unlicensed Business, because Article 2 of the Measures stipulates that "no unit or individual may engage in unlicensed business in violation of laws and regulations", so we can't find out which laws and regulations unlicensed catering operators should apply for a business license. On this basis, some of our law enforcement officers believe that the Food Safety Law does not stipulate the punishment for operating restaurants without a license. According to the principle of "division of responsibilities of relevant competent departments", restaurants should obtain catering service licenses, and operating restaurants without a license should be punished by the Food and Drug Administration. Therefore, industry and commerce have no jurisdiction. The same problem is that the industrial and commercial departments can't punish operators who engage in food production without a license. A: This understanding is one-sided. Although the Food and Drug Administration can punish the operators who have not obtained the Catering Service License in accordance with Article 84 of the Food Safety Law, the industrial and commercial authorities can also exercise jurisdiction over the operators engaged in unlicensed catering business within their jurisdiction, and can also impose administrative penalties on the catering operators who have not obtained the business license. The decision of administrative punishment for unlicensed catering operators can be roughly expressed as follows: After verification, the fact that the parties engage in catering business activities without a license is omitted. The above-mentioned behavior of the parties engaged in catering business activities should be in accordance with Article 21, paragraph 2, of the Regulations for the Implementation of the Food Safety Law. "Other food producers and operators should go through industrial and commercial registration after obtaining the corresponding food production license, food circulation license and catering service license according to law." Only after handling the catering license and industrial and commercial registration can they engage in business activities, which violates Article 2 of the Measures for Investigating and Banning Unlicensed Business. "No unit or individual may engage in unlicensed business in violation of laws and regulations." The provisions of the "measures for the investigation and suppression of unlicensed operation", the first paragraph of Article 4 (a) of the provisions of the unlicensed operation. According to Article 14 of the Measures for Investigating and Banning Unlicensed Business, the illegal income was confiscated and a fine of RMB xxxx was imposed. Operators engaged in food production without a license are also dealt with according to the above principles.

question 8: how to punish restaurants for operating without a license. How can I complain if I can't

Question 9: What should I do about unlicensed catering services? According to the provisions of Article 84 of the Food Safety Law, if catering services are operated without a license, 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.

question 11: does the industrial and commercial bureau have the right to punish unlicensed catering or food production? Industrial and commercial handling: business license, health (food and drug administration) handling: health permit. Industry and commerce can cooperate with the health and health bureau, fire protection, environmental protection, local taxes and national taxes. If the food is unqualified, you can apply for an investigation, and the police will come forward, which problem will come! Fine, detention, severe sentence!

generally speaking, the newly opened point will be notified in the store, and you can handle it according to his requirements!