1. The establishment of retail outlets of refined oil products shall conform to the layout plan of retail system of refined oil products in this region;
2. The design and construction of refined oil retail outlets conform to the Code for Design and Construction of Automobile Filling Stations, and have passed the acceptance of natural resources, housing construction, emergency management, ecological environment, commerce, market supervision and other departments;
3. It has professional and technical personnel for product oil inspection, measurement, storage and transportation, fire protection and safety production.
I. Application procedures
(1) Register, report and print the Application Form for Hazardous Chemicals Business License (in triplicate), and apply to the county (city) safety production supervision and management bureau where the enterprise is located. County (city) level safety production supervision and Management Bureau shall complete the review of the submitted materials within 5 days after receiving the application from the enterprise. Meet the reporting conditions, sign the opinion of "agreeing to report" and report it to the regional safety production supervision and management bureau; Do not meet the reporting conditions, timely return to the enterprise to declare again.
(two) after receiving the application materials submitted by the county (city) safety production supervision and administration bureau or its subordinate dangerous chemicals trading enterprises, the regional safety production supervision and administration bureau shall review the submitted materials. Those who meet the declaration conditions shall form a review team (at least 2 people) within 10 days to conduct on-site review and acceptance of the declared enterprises according to the standards specified in the Safety Checklist for Hazardous Chemicals Trading Enterprises. Enterprises that do not meet the requirements will put forward rectification opinions, and the enterprises will re-apply for review after rectification; For qualified enterprises, the regional production safety supervision and management bureau shall handle the following procedures.
Second, the processing program
(a) the application matters do not fall within the scope of the authority, it shall immediately make a decision not to accept, and inform the applicant to apply to the relevant authorities;
(2) The application materials can exist on the spot.
(3) If the application materials are incomplete or do not meet the requirements, the applicant shall be informed of all the contents that need to be corrected at once on the spot or within five working days, and a Notice of Correction of Application Materials or a Notice of Rejection shall be issued. If the application materials are not informed within the time limit, it shall be accepted as of the date of receipt of the application materials;
(four) the application materials are complete, meet the requirements or are all supplemented according to the requirements, and shall be accepted as of the date of receipt of the application materials, and a written acceptance certificate shall be issued;
(five) after accepting the application, the safety production supervision bureaus at all levels shall, in strict accordance with the prescribed standards and requirements, conduct on-site inspection and acceptance of the safety production conditions of the applicant enterprises. The examination and acceptance team and the safety production supervision and administration bureaus at all levels shall carefully fill in the Checklist of Hazardous Chemicals Trading Enterprises and be responsible for the contents filled in.
(six) the license issuing organ for hazardous chemicals business license shall discuss the review opinions put forward by relevant personnel; And make a decision on whether to issue a business license for dangerous chemicals within 45 working days from the date of accepting the application. The administrative organ that decides to issue the business license for hazardous chemicals shall serve or notify the applicant to receive the business license for hazardous chemicals within 10 working days from the date of decision; If no decision is made, the applicant shall be notified in writing within 10 working days and the reasons shall be explained.
Three. The materials to be provided are:
1. Project approved by the Municipal Development and Reform Commission. By the Municipal Economic and Trade Bureau of first instance, submitted to the Municipal Economic and Trade Commission for approval, submitted to the Provincial Economic and Trade Commission for approval. The provincial economic and trade commission gave a reply to the gas station.
2. Construction project planning permission of the Planning Commission. The applicant shall report to the planning, land, construction, fire protection, safety supervision, environmental protection and other departments for gas station construction procedures with the documents approved by the Provincial Economic and Trade Commission.
3. The construction permit of the Project Construction Committee includes the acceptance opinions of the public security fire department and the Environmental Protection Bureau, the industrial and commercial business license and tax registration certificate, the quality and technical supervision department's tanker metering certificate, and the oiler qualification certificate.
4. There is a lightning protection device acceptance certificate from the Meteorological Bureau.
5. After the gas station is completed, it shall apply to the planning, land, construction, fire protection, environmental protection, safety supervision, technical supervision and other departments for acceptance or certification.
6. After obtaining the acceptance of various functional departments, apply to the Municipal Economic and Trade Commission for issuing the Approval Certificate for Retail Operation of Refined Oil, and the Municipal Economic and Trade Commission shall apply to the Provincial Economic and Trade Commission for acceptance and issue the Approval Certificate for Retail Operation of Refined Oil. To sum up: mainly through the municipal economic and trade bureau, the provincial economic and trade commission, planning, land, construction, fire protection, safety supervision, environmental protection and other departments.
legal ground
People's Republic of China (PRC) Air Pollution Prevention and Control Law
Article 47 Enterprises that produce and use organic solvents, such as petroleum and chemical industries, shall take measures to carry out routine maintenance and repair of pipelines and equipment to reduce material leakage, and the leaked materials shall be collected and disposed of in time. Oil and gas storage, gas filling stations, crude oil and refined oil terminals, crude oil and refined oil carriers, oil tankers and natural gas carriers, etc. Oil and gas recovery devices should be installed in accordance with relevant state regulations and kept in normal use.
Criminal law of the people's Republic of China
Article 225 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; 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 for illegal gains or confiscation of property:
(a) without permission, the franchise, monopoly of goods or other goods restricted by laws and administrative regulations;
(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.