Traditional Culture Encyclopedia - Hotel reservation - What are the penalties for selling expired drinks in hotels?

What are the penalties for selling expired drinks in hotels?

Legal analysis: Operators who sell expired drinks may, depending on the circumstances, be given a warning alone or in combination, have their illegal gains confiscated, and be fined not less than one time but not more than ten times the illegal gains. If there are no illegal gains, they may be fined fifty A fine of less than 10,000 yuan may be imposed; if the circumstances are serious, the company may be ordered to suspend business for rectification and the business license shall be revoked.

If an operator has one of the following circumstances, in addition to bearing corresponding civil liability, if other relevant laws and regulations provide for the punishment authorities and punishment methods, the provisions of the laws and regulations shall be followed; if the laws and regulations do not If any provision is made, the administrative department for industry and commerce or other relevant administrative departments shall order corrections and may, depending on the circumstances, impose a warning alone or in combination, confiscate the illegal income, and impose a fine of not less than one time but not more than ten times the illegal income. If there is no illegal income, a fine of five A fine of not more than 100,000 yuan; if the circumstances are serious, the company shall be ordered to suspend business for rectification and the business license shall be revoked:

(1) The goods or services provided do not meet the requirements for protecting personal and property safety;

(2) Mixing or adulterating goods, passing off fake goods as genuine, passing off substandard goods as good ones, or passing off substandard goods as qualified goods;

(3) Producing or selling goods that have been explicitly eliminated by the country Invalid or spoiled goods;

(4) Forging the origin of goods, forging or falsely using other people’s factory names and addresses, tampering with production dates, forging or falsely using quality marks such as certification marks;

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(5) The goods sold should be inspected or quarantined but are not inspected or quarantined or the inspection or quarantine results are forged;

(6) Making false or misleading publicity about goods or services

(7) Refusing or delaying the relevant administrative department’s order to take measures such as stopping sales, warnings, recalls, harmless treatment, destruction, cessation of production or services for defective goods or services;

(8) Intentionally delaying or unreasonably rejecting consumers’ requests for repairs, reworks, replacements, returns, replenishing the quantity of goods, refunding payment and service fees, or compensation for losses;

(9) Infringement of consumers' personal dignity, infringement of consumers' personal freedom, or infringement of consumers' rights to have their personal information protected in accordance with the law; (10) Infringement of consumer rights and interests shall be punished as stipulated in laws and regulations other situations.

If an operator falls under the circumstances specified in the preceding paragraph, in addition to being punished in accordance with laws and regulations, the punishment authority shall record it in the credit file and announce it to the public.

Legal basis: "Consumer Rights and Interests Protection Law of the People's Republic of China" Article 48 If an operator provides goods or services under any of the following circumstances, unless otherwise provided in this law, Civil liability shall be borne in accordance with the provisions of other relevant laws and regulations:

(1) The goods or services are defective;

(2) The goods or services do not have the performance that the goods should have. No description is given at the time of sale;

(3) Failure to comply with the product standards indicated on the product or its packaging;

(4) Failure to comply with product descriptions or physical samples The quality status indicated by other means;

(5) Producing goods that have been explicitly eliminated by the state or selling expired or spoiled goods;

(6) Selling an insufficient quantity of goods;

(7) The content and cost of the service violate the agreement;

(8) Repair, redo, replace, return, replenish the quantity of goods, refund the payment and Intentionally delaying or unreasonably refusing requests for service fees or compensation for losses;

(9) Other situations that damage the rights and interests of consumers as prescribed by laws and regulations.

If an operator fails to fulfill its safety obligations to consumers and causes harm to consumers, it shall bear tort liability.