1, the amount of personal illegal business operation reaches 50,000 yuan, or the amount of illegal income reaches 1 10,000 yuan;
2. The illegal business operation amount of the unit reaches 500,000 yuan, or the illegal income amount reaches 654.38+10,000 yuan;
3. Being subject to more than two administrative punishments for illegally operating tobacco products, amounting to 20,000 yuan.
If the circumstances of illegally dealing in tobacco products are particularly serious, the benchmark punishment shall be fixed-term imprisonment of not more than five years.
Legal basis: Article 54 of the Law on Public Security Administration Punishment commits one of the following acts, and shall be detained for more than 10 and less than 15, and fined for more than 500 yuan 1000 yuan; If the circumstances are minor, they shall be detained for less than 5 days or fined for less than 500 yuan:
(a) in violation of state regulations, without registration, in the name of social organizations, but still carry out activities after being banned;
(two) the social organization whose registration has been revoked according to law still carries out activities in the name of social organizations;
(three) operating an industry that requires the permission of the public security organ in accordance with state regulations without permission.
The acts listed in the third paragraph shall be prohibited.
If an operator who has obtained the license from the public security organ violates the relevant provisions of the state and the circumstances are serious, the public security organ may revoke its license.
Article 225 of the Criminal Law, in violation of state regulations, commits one of the following illegal business operations, disrupting market order, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and if the circumstances are particularly serious, he shall also be fined not less than one time but not more than five times the illegal income. 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 the illegal income or his property shall be confiscated:
(a) without permission, dealing in franchised or monopolized commodities or other commodities whose operation is 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.
Article 24 of the Regulations for the Implementation of the Tobacco Monopoly Law of People's Republic of China (PRC), if a unit or individual sells more than 50 cigarettes and cigars at a time without a tobacco monopoly wholesale enterprise license, it shall be deemed as engaging in the wholesale business of tobacco products without a tobacco monopoly wholesale enterprise license.
"Regulations for the Implementation of People's Republic of China (PRC) Tobacco Monopoly Law" Article 57 If anyone engages in the retail business of tobacco products without a tobacco monopoly retail license, the administrative department for industry and commerce or the administrative department for industry and commerce shall, according to the opinions of the tobacco monopoly administrative department, order him to stop the retail business of tobacco products, confiscate his illegal income and impose a fine of more than 20% and less than 50% of the total illegal business.