Traditional Culture Encyclopedia - Hotel reservation - Should tobacco hotels re-apply for tobacco license transfer?
Should tobacco hotels re-apply for tobacco license transfer?
The transfer of tobacco hotels must be replaced by tobacco licenses. Once the legal person of tobacco monopoly retail license is changed, the license will lose its legal effect and may not be transferred or traded. You need to re-apply for a new license with an existing legal person. The new permit application must mainly meet the relevant requirements of local rational layout. Do not meet the requirements, can not be handled.
When the tobacco license expires, the continuation process is as follows:
1. The holder of a tobacco certificate shall apply for renewal 30 days before the expiration of the tobacco certificate. If you apply for renewal after the expiration of the tobacco license, you cannot renew it, but you must apply for a new license;
2, "tobacco monopoly license" is valid for a maximum of 5 years, counting from the date of issuance;
3, need to go to the local tobacco monopoly bureau at or above the county level monopoly management department for replacement procedures.
To apply for a tobacco monopoly retail license, you need to meet the following conditions:
1. It has funds suitable for the retail business of tobacco products;
2. Having a fixed business place independent of the domicile;
3, in line with the requirements of the reasonable layout of local tobacco products retail outlets, Fiona Fang 100 meters can not set up a school, Fiona Fang 50 meters can not set up a tobacco certificate;
4, other conditions stipulated by the administrative department of tobacco monopoly in the State Council.
The processing flow of tobacco license is as follows:
1, application. The applicant applies to the accreditation hall of the local county tobacco monopoly bureau;
2. accept. The tobacco monopoly bureau at the county level with complete materials submitted by the applicant shall accept the application and serve the Notice of Acceptance of Administrative License with special seal on the applicant; If it is not accepted, the Tobacco Monopoly Bureau shall be responsible for serving the applicant with the "Notice of Non-acceptance of Administrative License" with a special seal;
3. Field verification. After accepting the application, the Tobacco Monopoly Bureau will assign more than two staff members to the business premises for verification, check whether the application content is consistent with the actual situation, and submit the verification results in combination with the requirements of the reasonable layout of local tobacco products retail outlets;
4. Review and approval. The audit department shall audit the authenticity, legality, validity and completeness of the materials submitted by the applicant, put forward opinions on whether to handle them, and submit them to the approver for examination and approval;
5. decide. If the license is granted after examination, the Tobacco Monopoly Bureau shall make a decision on granting the administrative license and deliver the tobacco monopoly retail license to the applicant within ten days. If the license is not granted, the reasons will be explained to the applicant, and the applicant will be informed that he has the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.
Materials required for tobacco monopoly license:
New application form for tobacco monopoly license1;
2, individual industrial and commercial households, the legal representative or the person in charge of the enterprise identity certificate;
3. House ownership certificate or house lease agreement;
4. Other materials required by the examination and approval authority.
To sum up, the transfer of tobacco hotels must be replaced by tobacco licenses. Once the legal person of tobacco monopoly retail license is changed, the license will lose its legal effect and may not be transferred or traded. You need to re-apply for a new license with an existing legal person. The new permit application must mainly meet the relevant requirements of local rational layout. Do not meet the requirements, can not be handled.
Legal basis:
Article 225 of the Criminal Code of People's Republic of China (PRC).
Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, 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 the illegal income or confiscated property:
(a) operating franchise, special business projects or other restricted business projects as stipulated 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;
(3) illegally engaging in securities, futures or insurance business without the approval of the relevant competent department of the state;
(four) other illegal business activities that seriously disrupt the order of the city.
"Detailed Rules for the Implementation of Measures for the Administration of Tobacco Monopoly License" Article 22
If it is necessary to continue production and operation after the expiration of the tobacco monopoly license, the holder shall apply for extension 30 days before the expiration of the validity period.
Article 3 of People's Republic of China (PRC) Tobacco Monopoly Law
The State shall, in accordance with the law, exercise monopoly management over the production, sale, import and export of tobacco monopoly products and implement a tobacco monopoly license system.
Article 4
The State Council tobacco monopoly administration department is in charge of the national tobacco monopoly work. The tobacco monopoly administrative departments of provinces, autonomous regions and municipalities directly under the Central Government are in charge of tobacco monopoly work within their respective jurisdictions, under the dual leadership of the tobacco monopoly administrative departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, with the leadership of the tobacco monopoly administrative departments of the State Council as the main one.
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