First, is it illegal to open a black Internet cafe?
1, black Internet cafes are generally illegal. To open an Internet cafe, you must register and obtain a business license before you can operate it. If you operate without a business license, it is a crime of illegal operation.
2. Legal basis: Article 225 of the Criminal Law of People's Republic of China (PRC) violates state regulations and commits one of the following illegal business operations, disrupting market order. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely 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.
Second, how to punish those who are caught in black Internet cafes?
If a black Internet cafe constitutes a crime, it shall be punished as the crime of illegal business operation. If it does not constitute a crime, it shall be given administrative punishment by the competent department.
In violation of the provisions of this Ordinance, those who engage in Internet service business activities without authorization shall be banned by the administrative department for culture or by the administrative department for culture in conjunction with the public security organs according to law, the places engaged in illegal business activities shall be sealed up, and the special tools and equipment engaged in illegal business activities shall be detained; Those who violate the criminal law shall be investigated for criminal responsibility in accordance with the provisions of the criminal law on the crime of illegal business operation; If it is not serious enough for criminal punishment, the administrative department of culture shall confiscate the illegal income and the special tools and equipment for illegal business activities; If the illegal business amount is more than 10000 yuan, a fine of more than 5 times the illegal business amount and less than 10 times shall be imposed; If the illegal business amount is less than 1 10,000 yuan, a fine of 1 10,000 yuan but not more than 50,000 yuan shall be imposed.