Traditional Culture Encyclopedia - Hotel franchise - How to punish the hotel for operating beyond the scope?

How to punish the hotel for operating beyond the scope?

Legal analysis: engaging in business activities beyond the scope of business license belongs to unlicensed business, which shall be banned by the administrative department for industry and commerce according to law and given administrative punishment. If the case constitutes a crime, criminal responsibility shall be investigated according to law. Where the main registered items are changed without authorization or the business activities are carried out beyond the business scope approved and registered, the registration authority may give warnings, fines, confiscation of illegal income, suspension of business for rectification, temporary suspension and revocation of the business license of an enterprise as a legal person.

Legal basis: measures for investigating and banning unlicensed operation.

Article 11 The administrative department for industry and commerce of the people's government at or above the county level may exercise the following functions and powers when investigating and dealing with suspected unlicensed business activities: (1) Ordering to stop relevant business activities; (two) to investigate the relevant units and individuals suspected of operating without a license; (three) to enter the place suspected of engaging in unlicensed operation to carry out on-site inspection; (four) to consult and copy the contracts, bills, account books and other relevant materials related to the suspected unlicensed operation. Places suspected of operating without a license may be sealed up; Tools, equipment, raw materials, products (commodities) and other items suspected of being used for unlicensed operation may be sealed up and detained. Investigate and deal with acts suspected of operating without a license and take measures according to relevant laws and regulations.

Thirteenth engaged in unlicensed business, the administrative department for Industry and Commerce shall be punished in accordance with the provisions of relevant laws and administrative regulations. If the laws and administrative regulations do not clearly stipulate the punishment for operating without a license, the administrative department for industry and commerce shall order it to stop the illegal act, confiscate the illegal income and impose a fine of 1000 yuan.

Article 29 of the Regulations on the Administration of Registration of Enterprise as a Legal Person in People's Republic of China (PRC), if an enterprise as a legal person is under any of the following circumstances, the registration authority may give a warning, a fine, confiscation of illegal income, suspension of business for rectification, temporary suspension and revocation of the business license of the enterprise as a legal person according to the circumstances: (1) concealing the true situation when registering, practicing fraud or starting business without approval; (2) changing the main registered items without authorization or engaging in business activities beyond the approved and registered business scope; (3) Failing to cancel the registration in accordance with the provisions; (4) Forging, altering, leasing, lending, transferring or selling the Business License of Enterprise as a Legal Person and its duplicate; (5) evading, transferring funds or hiding property to evade debts; (6) engaging in illegal business activities. When an enterprise as a legal person is punished according to the above provisions, the administrative responsibility and economic responsibility of the legal representative shall be investigated according to the circumstances of the illegal act; Those who violate the criminal law shall be investigated for criminal responsibility by judicial organs according to law.