If the tobacco shop sells fake cigarettes and wine or does not have a business license, and the retail price of the tobacco shop exceeds the national prescribed price by 80 yuan per item, you can successfully report it and impose penalties. You can complain to the local price authority and ask for penalties against the store. You can also call the complaint hotline 12358.
If you encounter the act of selling counterfeit cigarettes, it is illegal, and in serious cases it may constitute a criminal offence.
Legal basis: Article 32 of the "Regulations on the Implementation of the Tobacco Monopoly Law of the People's Republic of China" stipulates that counterfeit trademark tobacco products seized by relevant departments in accordance with the law shall be handed over to the tobacco monopoly administrative department in accordance with the law. Relevant national regulations require public destruction and prohibition of sale in any way.
Article 46 of the "Regulations on the Implementation of the Tobacco Monopoly Law of the People's Republic of China" also stipulates that the tobacco monopoly administrative department shall supervise and supervise the implementation of the "Tobacco Monopoly Law" and these Regulations in accordance with the law. Inspect and investigate cases that violate the Tobacco Monopoly Law and these Regulations, and work with relevant national departments to investigate and deal with smuggling, counterfeiting and shoddy behavior of tobacco monopoly products.
The punishment for selling counterfeit wine is based on Article 140 of the Criminal Law: Producers and sellers adulterate or adulterate products, pass off fake products as genuine products, pass off substandard products as good products, or pass off substandard products. Anyone who passes off a qualified product with a sales amount of more than 50,000 yuan but less than 200,000 yuan shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also or solely be fined not less than 50% but not more than twice the sales amount; the sales amount shall be 200,000 yuan. If the sales amount is more than 500,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times of the sales amount; if the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to seven years in prison. If the sales amount exceeds 2 million yuan, the person shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined not less than 50% but not more than twice the sales amount. fines or confiscation of property.
Tobacco shops need to apply for a tobacco monopoly retail license and must meet the following conditions:
(1) Have funds suitable for operating tobacco product retail business;
(2) Have a fixed business location that is independent from the residence;
(3) Meet the requirements for a reasonable layout of local tobacco product retail outlets;
(4) The State Council Tobacco Monopoly Administrative Director Other conditions specified by the department.
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