According to the provisions of China's criminal law, in violation of the national laws and regulations on tobacco monopoly management, without the permission of the tobacco monopoly administrative department, without the license of tobacco monopoly production enterprise, tobacco monopoly wholesale enterprise, tobacco monopoly franchise enterprise and tobacco monopoly retail license, illegally operating tobacco monopoly products, under any of the following circumstances:
The amount of illegal business is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan;
Illegally handling more than 200,000 cigarettes;
13. Having been punished twice or more for illegally operating tobacco monopoly products within three years, and the amount of illegally operating tobacco monopoly products is more than 30,000 yuan.
According to the law of our country, smuggling tobacco constitutes the crime of illegal business operation, and the degree of punishment varies according to the amount of smuggled tobacco.
Apply for a tobacco license? The following conditions need to be met:
Having funds suitable for the retail business of tobacco products.
Having a fixed business place independent of the residence, which meets the requirements of the rational distribution of local tobacco products retail outlets.
There are no supermarkets and convenience stores within 0/00 meters of Fiona Fang/KLOC, and tobacco cannot be sold within 0/00 meters of kindergartens, primary and secondary schools/KLOC.
Meet other conditions stipulated by the administrative department of tobacco monopoly in the State Council.
There can't be a school within 50 meters of the shop.
The distance between the business premises of retail outlets and the nearest retail outlets shall meet the following requirements: urban streets 120m or more, township streets (including market towns) 100m or more, and bustling commercial areas 80m or more.
"One point, one certificate, special standard", hotels with a business area of more than three stars or comprehensive shopping malls with a business area of more than 500 square meters are not subject to reasonable layout restrictions.
The validity period of the license shall be decided by the examination and approval authority according to the actual situation, and the longest period shall not exceed 5 years.
If he engages in the retail business of tobacco products without a license and is punished by law enforcement authorities for more than 2 times within 1 year, the party concerned shall not apply for the retail license of tobacco products within 3 years.
To sum up, it is Bian Xiao's relevant answer on how to punish the private sale of cigarettes, hoping to help you.
legal ground
According to Article 29 of the Tobacco Monopoly Law of People's Republic of China (PRC), whoever consigns or transports tobacco monopoly products without a transportation permit or in excess of the quantity specified in the transportation permit shall be fined by the department of tobacco monopoly administration, and may purchase illegally transported tobacco leaves at 70% of the average purchase price of tobacco leaves in the previous year announced by the provincial department of tobacco monopoly administration at the place where the seizure is made, and purchase other illegally transported tobacco monopoly products except tobacco leaves at 70% of the wholesale market price; If the circumstances are serious, the illegally transported tobacco monopoly products and illegal income shall be confiscated. If the carrier knows that it is a tobacco monopoly product and transports it for a unit or individual without a transportation permit, the department of tobacco monopoly administration shall confiscate the illegal income and impose a fine. Those who carry tobacco leaves and tobacco products in different places beyond the national limit shall be dealt with in accordance with the provisions of the first paragraph.
Article 225 of the Criminal Law of People's Republic of China (PRC): 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) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and administrative regulations without permission;
(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.