Article 14
Those who operate without a license shall be banned by the administrative department for industry and commerce according to law, and their illegal income shall be confiscated; Those who violate the criminal law shall be investigated for criminal responsibility in accordance with the provisions of the criminal law on the crime of illegal business operation, the crime of major accidents, the crime of major labor safety accidents, the crime of causing accidents with dangerous goods or other crimes; If it is not serious enough for criminal punishment, it shall be fined not more than 20,000 yuan; If the scale of unlicensed operation is large and the social harm is serious, a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; Unlicensed business practices are harmful to human health, have major security risks, threaten public safety and destroy environmental resources. Confiscate tools, equipment, raw materials, products (commodities) and other property specially used for unlicensed operation, and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan.
Where there are other provisions in laws and regulations on the punishment for operating without a license, such provisions shall prevail.
Article 4 of the Measures for Investigating and Banning Unlicensed Business stipulates that those who engage in unlicensed business activities without obtaining licenses or other approval documents and business licenses according to law shall be investigated and dealt with by the administrative department for industry and commerce according to law. For this kind of illegal business operation, the first paragraph of Article 14 of the Measures for Investigating and Banning Unlicensed Business Operation stipulates the corresponding punishment measures, which are applicable to punish most unlicensed business operations. If the illegal business operations of the parties occur in special industries, measures to investigate and ban unlicensed business operations cannot be applied, and they should be transferred to other laws and administrative regulations.
1. Transferred to other laws and administrative regulations for investigation by the administrative department for industry and commerce.
(a) engaged in food business activities without a license.
According to Article 84 of the Food Safety Law, illegal income, illegal food and tools and equipment used for illegal business operations shall be confiscated by the administrative department for industry and commerce. If the value of illegal food business is less than 6,543,800 yuan, a fine of 2,000 yuan to 50,000 yuan shall be imposed. If the value of goods is more than RMB 10000, a fine of more than 5 times 10 will be imposed.
(two) operating cultural relics without a license.
According to the provisions of Article 72 of the Law on the Protection of Cultural Relics, those who operate cultural relics without a license shall be stopped by the administrative department for industry and commerce according to law, and their illegal income and cultural relics shall be confiscated. If the illegal business amount is more than 50,000 yuan, a fine of more than 2 times and less than 5 times of the illegal business amount shall be imposed; If the illegal business amount is less than 50,000 yuan, a fine of more than 20,000 yuan and less than 6.5438+10,000 yuan will be imposed.
(3) establishing an auction enterprise without a license.
According to Article 60 of the Auction Law, if an auction enterprise is established without a license, it shall be banned by the administrative department for industry and commerce, and the illegal income shall be confiscated, and a fine of 1 times and less than 5 times shall be imposed.
(four) operating the retail business of tobacco products without a license.
According to Article 35 of the Tobacco Monopoly Law and Article 61 of the Regulations for the Implementation of the Tobacco Monopoly Law, if a person engages in the retail business of tobacco products without a license, the administrative department for industry and commerce shall order him to stop the retail business of tobacco products, confiscate his illegal income and impose a fine of more than 20% and less than 50% of the total illegal business.
(five) engaged in scrap car recycling activities without a license.
According to the provisions of Article 20 of the Measures for the Administration of Scrap Car Recycling, those who engage in scrap car recycling activities without a license shall be confiscated by the administrative department for industry and commerce and sent to scrap car recycling enterprises for dismantling, and their illegal income shall be confiscated; Illegal income of more than 20 thousand yuan, and impose a fine of more than 2 times and less than 5 times the illegal income; If the illegal income is less than 20,000 yuan or there is no illegal income, a fine of 20,000 yuan to 50,000 yuan shall be imposed.
(six) engaged in film production, import, distribution and projection activities without a license.
According to Article 55 of the Film Management Regulations, those who engage in film production, import, distribution and projection activities without a license shall be banned by the administrative department for industry and commerce, and the illegally operated films and illegal income as well as special tools and equipment used for illegal business activities shall be confiscated; Illegal income of more than 50 thousand yuan, and impose a fine of more than +00 times and less than 5 times the illegal income; If there is no illegal income or the illegal income is less than 50,000 yuan, a fine of 200,000 yuan to 500,000 yuan shall be imposed.
(seven) engaged in Internet service business activities without a license.
According to Article 27 of the Regulations on the Administration of Internet Service Business Sites, those who engage in Internet service business activities without a license shall be banned by the administrative department for industry and commerce or jointly with the public security organs, the illegal business sites shall be sealed up, and the illegal income and special tools and equipment used for illegal business activities shall be confiscated; If the illegal business amount is more than 10000 yuan, a fine of more than 5 times the illegal business amount and less than 10 times shall be imposed; If the illegal business amount is less than 1 10,000 yuan, a fine of more than 1 10,000 yuan and less than 50,000 yuan will be imposed.
(eight) engaged in food purchasing activities without a license.
According to the provisions of the first paragraph of Article 41 of the Regulations on the Administration of Grain Circulation, those who engage in grain purchasing activities without a license shall be confiscated by the administrative department for industry and commerce; If the circumstances are serious, a fine of more than/kloc-0 and less than 5 times the value of illegally purchased grain shall be imposed.
Two, handed over to other laws and administrative regulations, by the administrative department for Industry and commerce and other departments according to their respective statutory functions and powers.
(a) engaged in express delivery business without a license.
According to the provisions of the first paragraph of Article 72 of the Postal Law, if a courier business is operated without a license, the postal administration department or the administrative department for industry and commerce shall order it to make corrections, confiscate its illegal income and impose a fine of more than 50,000 yuan and less than 6,543.8+10,000 yuan; If the circumstances are serious, a fine ranging from 6,543,800 yuan to 200,000 yuan shall be imposed.
(two) engaged in printing business activities without a license.
According to the first paragraph of Article 34 of the Regulations on the Administration of Printing Industry, those who engage in printing business activities without a license shall be banned by the public security department and the administrative department for industry and commerce according to law, and the printed matter, illegal income and special tools and equipment used for illegal activities shall be confiscated. If the illegal business amount is more than 654.38+00000 yuan, a fine of more than 5 times and less than 654.38+00 times shall be imposed; If the illegal business amount is less than 1 10,000 yuan, a fine of 1 10,000 yuan but not more than 50,000 yuan shall be imposed.
(three) engaged in business activities of audio-visual products without a license.
According to the provisions of Article 39 of the Regulations on the Administration of Audio-visual Products, those who engage in business activities of audio-visual products without a license shall be banned by the publishing administrative department and the administrative department for industry and commerce according to law, and the illegal audio-visual products, illegal income and special tools and equipment used for illegal activities shall be confiscated; If the illegal business amount is more than 10000 yuan, a fine of more than 5 times the illegal business amount and less than 10 times shall be imposed; If the illegal business amount is less than 1000 yuan, a fine of less than 50,000 yuan will be imposed.
(four) engaged in publishing business activities without a license.
According to the provisions of Article 55 of the Regulations on the Administration of Publishing, those who engage in publication business activities without a license shall be banned by the publishing administrative department and the administrative department for industry and commerce according to law, and the publications, illegal income and special tools and equipment used for illegal activities shall be confiscated. If the illegal business amount is more than 6,543.8+0,000 yuan, a fine of more than 5 times and less than 6,543.8+0 times shall be imposed; if the illegal business amount is less than 6,543.8+0,000 yuan.
(five) operating dangerous chemicals without a license.
According to the provisions of Article 57 of the Regulations on the Safety Management of Hazardous Chemicals, those who operate hazardous chemicals without a license shall be shut down or ordered to suspend production and business for rectification by the administrative department for industry and commerce, the quality inspection department and the department responsible for the comprehensive work of safety supervision and management of hazardous chemicals according to their respective functions and powers. Illegal income, confiscate the illegal income; If the illegal income is more than 6,543,800 yuan, a fine of 654.38+ 0 times but less than 5 times of the illegal income shall be imposed; If there is no illegal income or the illegal income is less than 654.38+10,000 yuan, a fine of 50,000 yuan to 500,000 yuan shall be imposed.
(6) Providing tourist services without a license.
According to the provisions of Article 46 of the Travel Agency Regulations, if a tourist service is provided without a license, the tourism administrative department or the administrative department for industry and commerce shall order it to make corrections, confiscate the illegal income and impose a fine of more than 0 times and less than 5 times the illegal income; If the illegal income is less than 654.38+10,000 yuan or there is no illegal income, a fine of 654.38+10,000 yuan but less than 500,000 yuan shall be imposed.
Three, involving other laws and administrative regulations, investigated and dealt with by other departments.
(1) Operating commercial insurance without a license.
According to Article 159 of the Insurance Law, those who engage in commercial insurance without a license shall be investigated and dealt with by the insurance supervision and administration institution.
(two) engaged in animal diagnosis and treatment activities without a license.
According to the provisions of the first paragraph of Article 81 of the Animal Epidemic Prevention Law, those who engage in animal diagnosis and treatment activities without a license shall be investigated and dealt with by the supervising agency for animal health.
(three) operating livestock and poultry without a license.
According to the provisions of Article 62 of the Animal Husbandry Law, the animal husbandry and veterinary administrative department of the people's government at or above the county level shall investigate and deal with the unlicensed operation of livestock and poultry.
(4) Operating securities business without a license.
According to Article 197 of the Securities Law, those who engage in securities business without a license shall be investigated and dealt with by the securities regulatory body.
(five) operating seeds without a license.
According to the provisions of Article 60 of the Seed Law, those who operate seeds without a license shall be investigated and dealt with by the administrative departments of agriculture and forestry of the people's governments at or above the county level.
(six) unlicensed salt wholesale business.
According to the provisions of Article 21 of the Salt Franchise Measures, those who engage in salt wholesale business without a license shall be investigated and dealt with by the salt authorities.
(seven) operating fireworks and firecrackers without a license.
According to the first paragraph of Article 36 of the Regulations on the Safety Management of Fireworks and Firecrackers, those who operate fireworks and firecrackers without a license shall be investigated and dealt with by the safety production supervision and management department according to law.
(eight) engaged in pig slaughtering activities without a license.
According to the first paragraph of Article 24 of the Regulations on the Management of Pig Slaughtering, those who engage in pig slaughtering activities without a license shall be investigated and dealt with by the competent commercial department according to law.