application for liquor sales license
chapter I general provisions
article 1
these measures are formulated in accordance with relevant state laws and regulations in order to standardize the circulation order of liquor, promote the orderly development of liquor market, safeguard national interests and protect the legitimate rights and interests of liquor producers, operators and consumers.
article 2
alcoholic beverages mentioned in these measures refer to alcoholic beverages with an alcohol content (ethanol content) greater than .5% (volume fraction), including fermented wine, distilled wine, mixed wine, edible alcohol and other beverages containing alcoholic components. Except for medicinal liquor and health food and alcohol approved by the relevant administrative departments of the state according to law.
the term liquor circulation as mentioned in these measures includes liquor wholesale, retail, storage and transportation and other business activities.
article 3 these measures shall be observed when conducting alcohol circulation activities within the territory of the people's Republic of China.
article 4 the registration system for business operators and the traceability system shall be implemented in liquor circulation.
article 5 the Ministry of commerce is responsible for the supervision and administration of liquor circulation throughout the country.
the competent commercial departments at or above the county level are responsible for the supervision and management of alcohol circulation within their respective administrative areas.
Chapter II Application for Record Registration of Liquor Sales License
Article 6
Units or individuals engaged in liquor wholesale and retail (hereinafter referred to as liquor operators) shall, within 6 days after obtaining the business license, handle the record registration with the competent commercial department at the same level of the industrial and commercial administrative department at the place of registration according to the principle of territorial management.
Article 7 The registration procedures for liquor dealers are as follows:
(1) Obtain the Registration Form for Liquor Circulation (hereinafter referred to as the Registration Form). The Registration Form can be downloaded from the government website of the Ministry of Commerce or obtained from the local competent commercial department.
(2) Fill in the Registration Form. Liquor business operators shall complete, accurately and truly the Registration Form; At the same time, carefully read the terms attached to the Registration Form, and sign and seal it by the legal representative or the owner.
(3) Submit the following registration materials to the competent commercial department:
1. The Registration Form filled out in accordance with the requirements of Item (2) of Article 7 of these Measures is in duplicate;
2. A copy of the business license and the hygiene license signed and sealed by the legal representative or the owner;
3. Other materials approved by the Ministry of Commerce and required by the provincial commerce authorities.
article 8
the competent commercial department shall go through the formalities of filing and registration within 5 working days from the date of receiving the above-mentioned materials submitted by liquor dealers, and affix a seal on the registration form.
Article 9
The competent commerce department shall completely and accurately record and save the registration information and materials of liquor operators, establish the filing and registration files, submit them to the higher authorities on a regular basis, and announce them to the public.
article 1
when any registered item on the registration form is changed, the liquor business operator shall go through the change formalities with the competent commercial department within 3 days from the date of change (for industrial and commercial registered items, within 3 days from the date of change of industrial and commercial registration).
after receiving the written materials submitted by the liquor business operators, the competent commercial department shall go through the formalities of change within 5 working days.
the "registration form" will automatically become invalid as of the date when the liquor operator cancels the registration or has his business license revoked in the administrative department for industry and commerce. The competent department of commerce shall regularly verify the cancellation or revocation with the administrative department for industry and commerce at the same level.
article 11
when filing or changing the filing and registration, the competent commercial department can only charge the production fee approved by the local price department, and shall not charge other fees.
article 12 liquor dealers shall not forge, alter, lease, lend, transfer, buy, sell or defraud the liquor circulation registration form.
chapter iii business rules application for liquor sales license
article 13 the provisions of relevant national or industrial standards shall be implemented in accordance with the law when engaging in liquor wholesale, retail, storage and transportation.
article 14
liquor operators (suppliers) should fill in the accompanying list of liquor circulation (hereinafter referred to as the accompanying list) when wholesaling liquor commodities, and record the circulation information of liquor commodities in detail. The Attached List is attached to the whole process of liquor circulation, and the list goes with the goods, and the single goods are consistent, so as to realize the traceability of liquor circulation information from the factory to the sales terminal.
the contents of the attached form should include the sales unit (name, address, registration number and contact information), the name of the purchasing unit, the date of sale, the goods sold (name, specification, place of origin, production batch number or production date, quantity and unit) and so on, and be stamped with the seal of the operator.
wine operators who have established a sound traceability system that meets the requirements of these measures may, with the approval of the Ministry of commerce, use their own documents to replace the attached forms stipulated in these measures.
article 15 when purchasing alcoholic commodities, an alcoholic operator shall ask the first-time supplier for copies of its business license, hygiene license, production license (limited to producers), registration form, authorization for the distribution of alcoholic commodities (limited to producers), etc.
for each batch of purchased alcoholic commodities, the liquor operator shall obtain a valid copy of the product quality inspection certificate, and the Attached Sheet stamped with the seal of the liquor operator or the documents conforming to the provisions of the second paragraph of Article 14 of these Measures; For imported alcoholic commodities, a copy of the Hygiene Certificate for Imported Food and the Label Examination Certificate for Imported Food issued by the national entry-exit inspection and quarantine department should also be obtained.
liquor operators should establish a liquor business purchase and sale account and keep it for 3 years.
article 16 liquor operators shall sell bulk liquor with labels at fixed locations, and it is forbidden to sell bulk liquor in a mobile way.
Bulk wine containers should meet the national food hygiene requirements, and the labels that meet the national beverage and wine labeling standards should be affixed, and the effective sales period after opening, the operators and their contact numbers should be indicated.
article 17
when storing and transporting alcoholic commodities, liquor operators shall meet the relevant requirements of food hygiene management, fire safety and storage and transportation. Alcohol products should be far away from high pollution and high radiation areas, and should not be mixed with toxic, harmful, pollutant (source), corrosive and other items.
article 18 liquor dealers should clearly mark the price when selling alcoholic products, and be honest and trustworthy.
Article 19 A liquor operator shall not sell alcoholic commodities to minors, and shall make it clear in a prominent position in the business premises.
Article 2 It is forbidden to wholesale, retail, store and transport the following commodities:
(1) alcoholic commodities mixed with substances harmful to human health such as non-edible alcohol;
(2) forging or tampering with the name, address and production date of the manufacturer;
(3) alcoholic commodities that infringe upon intellectual property rights such as the exclusive right to use trademarks;
(4) adulterating alcoholic commodities that are fake, shoddy, fake and genuine, exceeding the shelf life, and illegally importing alcohol;
(5) alcoholic commodities whose sale is prohibited by laws and regulations of other countries.
chapter iv supervision and management
article 21
the competent commercial departments at or above the county level shall supervise and manage the circulation of alcohol within their respective administrative areas in accordance with relevant state laws, regulations and these measures.
the competent commercial departments at all levels shall not restrict or hinder the circulation of legal alcoholic commodities in this region.
article 22
when supervising and managing, the competent commercial department shall produce valid certificates, and the number of law enforcement personnel shall not be less than two. In the case of evidence or receiving reports, law enforcement officers can consult account books or take samples. If a sample is taken, a valid certificate shall be issued to the party concerned.
the competent commercial department has the obligation to keep business secrets for the parties concerned.
Liquor business operators should cooperate with the supervision and inspection of the competent commercial departments, truthfully provide information, and may not transfer or destroy the liquor products to be inspected without authorization.
article 23
the competent commerce department should establish a monitoring system for liquor circulation, monitor and analyze the local liquor circulation, establish a credit file for liquor operators, and make it public in a timely manner.
the Ministry of commerce applies modern information technology to establish an information system for liquor circulation management and liquor commodity safety, and the competent commercial departments at all levels and liquor operators should submit relevant information in time.
article 24
the competent commercial department may conduct sampling inspection on the alcoholic commodities sold in the region by itself or jointly with relevant departments, and may announce the inspection results to the public.
the conclusion of liquor appraisal issued or recognized by the competent commercial department should be based on the test results of national legal testing institutions.
article 25 encourages alcohol industry organizations to establish and improve the industry self-discipline system.
article 26
any unit or individual has the right to report and complain about the violation of these measures to the local competent commercial department, industrial and commercial administrative department or relevant departments.
Chapter V Legal Liability
Article 27
In case of violation of the provisions of Article 6 and Paragraph 1 of Article 1 of these Measures, the competent commercial department shall give a warning and order it to make corrections within a time limit; Refuses to correct within the time limit, depending on the seriousness of the case, the liquor operator shall be fined up to 2 yuan, and may be announced to the public.
in violation of the provisions of article 12 of these measures, a fine of less than 1, yuan may be imposed depending on the seriousness of the case; Those who violate the laws and regulations on industrial and commercial administration shall be transferred to the administrative department for industry and commerce for handling according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
article 28
in violation of the provisions of article 14 and article 15 of these measures, the competent commercial department shall give a warning, order it to make corrections, and announce it to the public; Refuses to correct, depending on the seriousness of the case, fined 5 yuan, and announced to the public.
article 29
in violation of the provisions of articles 16 and 17 of these measures, the competent commercial department shall give a warning and order it to make corrections; If the circumstances are serious, a fine of less than 1 yuan may be imposed, and it may be transferred to the administrative department for industry and commerce for legal treatment; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 3
Those who violate the provisions of Article 19 of these Measures shall be given a warning by the competent commerce department or jointly with relevant departments and ordered to make corrections; If the circumstances are serious, a fine of 2 yuan shall be imposed.
article 31
in violation of the provisions of article 2 of these measures, illegal commodities shall be confiscated by the competent department of commerce or jointly with relevant departments, and a fine of less than 3, yuan may be imposed depending on the seriousness of the case; Violation of industrial and commercial administration laws and regulations and infringement of the exclusive right to use trademarks shall be transferred to the administrative department for industry and commerce for legal treatment; Violation of other laws and regulations, transferred to the relevant authorities for legal treatment; If a crime is constituted, criminal responsibility shall be investigated according to law.
article 32
in violation of the provisions of the third paragraph of article 22 of these measures, the competent commercial department shall give a warning and order it to make corrections; If the circumstances are serious, a fine of less than 1 yuan may be imposed.
article 33 if the competent commercial department violates the provisions of these measures by engaging in the supervision and management of liquor circulation, it shall be given administrative sanctions according to law.
Chapter VI Supplementary Provisions
Article 34
In areas where the administrative licensing of liquor circulation has been implemented according to law, the licensing system shall continue to be implemented, and the traceability system shall be implemented in the circulation of liquor commodities according to these Measures, and the liquor circulation license certificate shall be regarded as the Registration Form.
article 35 the registration form and the attached form shall be uniformly formulated by the Ministry of commerce, and the provincial commerce authorities shall be responsible for the specific implementation.
article 36 the competent commercial departments at or above the county level may entrust relevant institutions to engage in the supervision and administration of liquor circulation according to law.
article 37 the Ministry of commerce shall be responsible for the interpretation of these measures.
article 38
these measures shall come into force on January 1, 26, and a three-month transition period shall be established from the date of implementation. During the transition period, liquor operators shall register for the record and establish a traceability system for liquor circulation in accordance with the provisions of these measures.