The case value of illegal business operation 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; Or the party concerned has been punished more than twice for illegally operating tobacco monopoly products within three years, and the amount of illegally operating tobacco monopoly products is more than 30 thousand yuan. The illegal act of the offender is directly regarded as a crime. Anyone who engages in the retail business of tobacco products without a tobacco monopoly retail license shall be ordered by the administrative department for industry and commerce or according to the opinions of the department of tobacco monopoly administration to stop the retail business of tobacco products, confiscate the illegal income and impose a fine of more than 20% and less than 50% of the total illegal business.
How to report selling cigarettes without a tobacco license?
You can check the telephone number at the local tobacco bureau. Selling cigarettes without a tobacco business license and making huge profits has been suspected of a criminal offence and has been criminally detained. Family members should promptly entrust help to meet and understand the objective case, apply for bail pending trial, defend him, and plead innocence or guilt according to the case. Those who meet the requirements may apply for bail pending trial, and whether or not to approve it shall be decided by the case-handling organ. If the conditions are met, a suspended sentence may be declared, which shall be decided by the people's court after hearing.
Three, undocumented cigarette sales record standard
Selling cigarettes without a license constitutes the crime of illegal business operation. Individuals with illegal business operations of more than 50,000 yuan and units with illegal business operations of more than150,000 yuan shall be investigated and punished.
Article 225 of the Criminal Law
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.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 32 of the Tobacco Monopoly Law of People's Republic of China (PRC): Anyone who engages in the retail business of tobacco products without a tobacco monopoly retail license shall be ordered by the administrative department for industry and commerce to stop the retail business of tobacco products, confiscate the illegal income and impose a fine.