Tobacco monopoly retail license
Two, the basis of tobacco monopoly retail license
People's Republic of China (PRC) Tobacco Monopoly Law, People's Republic of China (PRC) Administrative Licensing Law, Regulations for the Implementation of People's Republic of China (PRC) Tobacco Monopoly Law and Measures for the Administration of Tobacco Monopoly License (Order No.51of the National Development and Reform Commission of the People's Republic of China).
Three, the examination and approval authority of tobacco monopoly retail license.
The department of tobacco monopoly administration where the bidding enterprise or individual business place is located.
Four, apply for tobacco monopoly retail license conditions
(1) Having funds suitable for the retail business of tobacco products;
(2) Having a fixed business place independent of the domicile;
(3) Conforming to the requirements of rational distribution of retail outlets of tobacco products in Guangzhou;
(four) other conditions stipulated by the administrative department of tobacco monopoly in the State Council.
Five, the application type and the list of materials that the applicant needs to submit.
(1) new application (extension)
An enterprise or individual that applies for the retail business of tobacco products or needs to extend the validity period of the license shall apply to the tobacco monopoly administration department where the business premises are located, and submit the following materials:
1, Approval Form for Application (Renewal) of Tobacco Monopoly Retail License;
2. Original and photocopy of the ID card of the legal representative (person in charge) or operator;
3. Copy of industrial and commercial business license or original and copy of name approval registration notice (not provided for the time being);
4. Original and photocopy of the license (new business need not be submitted);
5. If an agent is entrusted, the original and photocopy of the ID cards of the applicant and the agent and the power of attorney shall be provided.
(2) Application for change
Enterprise change license: if the name, legal representative (or person in charge) and license scope of the enterprise change within the validity period, the license shall be changed; If the subject, economic type and address change, the original license shall be cancelled and a new application shall be made.
Change of the license of individual industrial and commercial households: If the name and scope of the license change within the validity period, the license shall be changed; If the subject, economic type and address change, the original license shall be cancelled and a new application shall be made.
To apply for change, the following materials shall be submitted:
1, Application Form for Change of Tobacco Monopoly Retail License;
2. Original and photocopy of the license;
3. Relevant materials changed.
(3) resubmit the application
During the validity period of the license, the enterprise or individual whose license is lost or damaged shall reissue it.
Lost and reissued: No matter whether the original or full copy is lost, the original certificate will be cancelled and a new one will be issued. The following materials shall be submitted for loss replacement:
1, Approval Form for Application for Reissuing, Suspension, Resumption and Cancellation of Tobacco Monopoly Retail License;
2. A lost and invalid statement published in newspapers and periodicals distributed in Guangzhou;
3. The original or photocopy of the license that has not been lost.
Damaged replacement: In case of damaged replacement, the original license number shall be retained. In case of damage or replacement, the following materials shall be submitted:
1, Approval Form for Application for Reissuing, Suspension, Resumption and Cancellation of Tobacco Monopoly Retail License;
2. Original or photocopy of the damage permit (complete description materials for damage).
(4) application for suspension of business
If the holder temporarily suspends business or is ordered to make rectification for some reason, he shall go through the formalities of suspension at the issuing authority within 7 days before the suspension, and the issuing authority shall temporarily withhold the original and copy of his license. The maximum suspension period shall not exceed 65,438+0 years. If it fails to resume business within the time limit, the issuing authority shall cancel it. The following materials shall be submitted for handling the formalities of suspension of business:
1, Approval Form for Application for Reissuing, Suspension, Resumption and Cancellation of Tobacco Monopoly Retail License;
2. Relevant materials leading to closure;
3. Original and photocopy of the license.
(5) an application for resumption of business.
Before the expiration of business suspension, the enterprise or individual must go through the formalities of resuming business at the original issuing authority. The issuing authority shall check whether its business conditions have changed and whether it meets the conditions for resumption of business. Those who meet the requirements may be approved to resume business and issued a license. The following materials shall be submitted for the resumption of business procedures:
1, Approval Form for Application for Reissuing, Suspension, Resumption and Cancellation of Tobacco Monopoly Retail License;
2. Relevant materials for application for resumption of business.
(6) application for suspension of business (cancellation)
Application for closure (cancellation): If the holder no longer engages in the retail business of tobacco products due to enterprise restructuring or other reasons, he shall apply to the original issuing authority for cancellation. To apply for cancellation, the following materials shall be submitted:
1, Approval Form for Application for Reissuing, Suspension, Resumption and Cancellation of Tobacco Monopoly Retail License;
2. Original and photocopy of the license;
3. Relevant materials leading to cancellation.
Closure (cancellation) according to law: Under any of the following circumstances, the issuing authority shall consider that it does not meet the requirements stipulated in the Tobacco Monopoly Law of People's Republic of China (PRC) and its implementing regulations and the Measures for the Administration of Tobacco Monopoly Licenses (Order No.51of the National Development and Reform Commission of the People's Republic of China), make a decision to cancel the qualification to engage in cigarette retail business, and withdraw the license according to law to cancel it.
(1), the validity of the license has not been extended;
(2) The business entity approved by the license is a natural person, and the natural person dies or loses his capacity for civil conduct;
(3) The business entity approved by the license is a legal person or other organization, and it is terminated according to law;
(four) the business unit is unable to continue to engage in the retail business of tobacco monopoly products due to force majeure;
(5), the holder of the sale, lease, lend or other forms of illegal transfer of the license, after the suspension of business for rectification is invalid;
(six) refused to change the registration because of the change of the registered items;
(7), the inspection does not meet the requirements of the Tobacco Monopoly Law, the Regulations for the Implementation of the Tobacco Monopoly Law and the Measures for the Administration of Tobacco Monopoly Licenses, and it is invalid after suspension of business for rectification;
(8) Being punished by the department of tobacco monopoly administration or other law enforcement agencies for illegally operating tobacco monopoly products for more than two times within one year, and being ineffective after suspension of business for rectification;
(nine) more than 50 counterfeit cigarettes and smuggled cigarettes were seized by the department of tobacco monopoly administration or other law enforcement departments at one time, and it was invalid after suspension of business for rectification;
(10), who was investigated for criminal responsibility for illegally dealing in tobacco monopoly products, and was invalid after suspension of business for rectification;
(1 1), if the administrative penalty decision of the tobacco monopoly administration department is not implemented, the suspension of business for rectification will be invalid;
(12) The business license is revoked by the administrative department for industry and commerce, and the suspension of business for rectification is invalid;
(13) Failing to go through the resumption procedures or not approving the resumption of business after the expiration of business suspension (the longest period shall not exceed one year);
(14) Failing to go through the formalities of suspension of business for more than one year, and failing to go through the formalities within three months after being announced by the issuing authority;
(15) Failing to carry out business activities for half a year after obtaining the license;
(16) Having obtained the license, but failing to obtain the industrial and commercial business license within the prescribed time limit or failing to renew the industrial and commercial business license within the prescribed time limit;
(17) Other circumstances under which cancellation is allowed by laws and regulations.
In case of cancellation according to law, the undertaker of the issuing authority shall be responsible for filling out the Approval Form for the Application for Renewal, Suspension, Resumption and Cancellation of Tobacco Monopoly Retail License, and attach relevant materials that cause cancellation. After the approver makes a decision, the cancellation formalities shall be handled directly.
(7) Annual inspection
The holder shall go through the annual inspection procedures within the specified time.
The specific contents of the annual inspection will be notified separately.
Six, tobacco monopoly retail license application methods, ways
Applicants usually apply in writing, or by letter, telegram, fax, electronic data exchange and e-mail. , to declare to the department of tobacco monopoly administration where the business premises are located, and fill in the format text according to the requirements of the department of tobacco monopoly administration.
Seven, tobacco monopoly retail license approval procedures, time limit
(1) application
Enterprises or individuals applying for tobacco monopoly retail license can apply in two ways: submitting application materials to the issuing authority by themselves and filling out the application form online (currently limited to new business). If you entrust others to do it for you, you must show your power of attorney. And submit: the original ID card of the person in charge 1 copy, and the Approval Form for Application (Renewal) of Tobacco Monopoly Retail License 1 copy, and fill in the application form truthfully as required; The original (copy) and 1 copy shall be submitted if the industrial and commercial business license or name has been approved and registered.
accept and hear a case
After receiving the application, the issuing authority shall decide whether to accept it or not according to whether the application falls within the statutory authority of the issuing authority, whether the form is filled correctly, whether the application materials are complete and whether it conforms to the statutory form.
If it is accepted, it shall issue the Notice of Acceptance of the Application for Tobacco Monopoly Retail License (including the acceptance number), and return the original ID card, the original copy of the business license or the original notice of name approval and registration of the person in charge.
If it is not accepted, it shall issue a Notice of Rejection of Tobacco Monopoly Retail License, return the application materials and explain the reasons.
Review and approval
For all accepted applications, the issuing authority must go to the applicant's business premises for on-the-spot verification, and conduct examination and approval within 20 working days according to the on-the-spot verification and relevant regulations. If a decision cannot be made within 20 working days, it may be extended by 10 working days with the approval of the person in charge of the unit, and the applicant shall be informed of the reasons for the extension.
If it is not handled after examination and approval, it shall issue a Notice of Not Handling Tobacco Monopoly Retail License, return the application materials and explain the reasons.
Issue a license
After approval, the license announcement will be published on the license extranet, and the agent will notify the applicant by telephone or door-to-door, and deliver the license to the applicant within ten working days from the date of making the decision to issue the license.
Eight, for tobacco monopoly retail license office address and telephone number.
Yuexiu district
No.301Jiang Yan Middle Road
8338 18 1 1
Liwan District
77 zhongshanba road
8 1729007
Haizhu district
No.268 Chigang West Road (back door of Pepsi Factory)
8428537 1
Baiyun district
No.448 Huangshi West Road
8629455 1
Tianhe district
Floor 8, Guangzhou Tobacco Building, No.201Linhe West Road.
870 13908
Huangpu (Luogang) District
No.217, Hairen Road
82286903
Panyu (Nansha) District
No.40, Chang Di West Road, Shiqiao Street
848 18732
Huadu District
Tiancheng Building, No.4 Chayuan Road, Xinhua Street
368 10270
Conghua city
No.97, Chengzhong Road, Jiekou Street
87960200
Zengcheng city
65 Caiyuan Middle Road, Licheng Street
82659392
Nine. Expense description
There is no need to pay any fees for applying for a tobacco monopoly retail license.