In addition to the summary procedure, the general procedure of administrative punishment should also be applied: filing a case, investigating and collecting evidence; Hearing debates and holding hearings; Review the decision; Make a decision on administrative punishment; Filing; Service or delivery and execution of administrative penalty decision.
For unlicensed operation, according to different situations, the administrative department for industry and commerce shall ban it according to law, confiscate the illegal income and the tools, equipment, raw materials, products (commodities) and other property specially used for unlicensed operation, and impose a fine. Those who violate the criminal law shall be investigated for criminal responsibility according to law.
Those who provide production and business premises, transportation, storage and other conditions for unlicensed operation shall be ordered by the administrative department for industry and commerce to immediately stop the illegal act, confiscate the illegal income and impose a fine.
The following business activities are not unlicensed:
(1) Selling agricultural and sideline products and daily necessities at the place and time designated by the local people's government at or above the county level without obtaining permission according to law, or using one's own skills to engage in convenient labor services;
(two) in accordance with the provisions of laws, administrative regulations and the State Council decisions, engage in business activities that do not require permission or registration.
Extended data:
Cases of punishment for unlicensed operation:
Distribute false propaganda materials to tourists; Driving a "black motorboat" to illegally carry passengers and attract passengers; Do not clearly mark the price according to the regulations, and operate in bad faith? Three days before the "Eleventh" Golden Week, a number of functional departments in Sanya jointly acted to investigate and deal with many acts that disturbed the tourism order and created a standardized tourism environment for tourists.
According to the report on the reception of Sanya National Day "Golden Week" tourism market rectification, from June 65438 to 10/3, Sanya tourism police conducted inspections in Sanya Bay, Dadonghai and other scenic spots, respectively, and arrested Deng Mouping, an illegal person who distributed false tourist leaflets, and seized more than 2000 false tourist leaflets. Deng Mouping was administratively detained according to law for disturbing public order/kloc
On the morning of June 10 and 10, the tourist police organized police forces to arrest Wang Modu, an illegal passenger driver driving a black motorboat, and Wang Mosen, an illegal soliciting passenger, and seized two "three noes" motorboats. In June 10 and July respectively, Wang Modu was arrested for driving without a license motorboat and disturbing public order.
10 On the morning of June 2, when the tourist police patrolled the parking lot of Nanshan Scenic Area, they arrested Hu, an illegal person who illegally solicited tourists to spend money in the Black Scenic Area, and administratively detained Hu according to law for disturbing the order of public places 10.
During the "Eleventh" period, Sanya seafood stalls became popular consumption places. In order to reassure tourists, Sanya's industrial and commercial, price and quality supervision departments have strengthened market supervision, especially the rectification of key industries such as seafood stalls, fruit stalls and tourist shopping spots, and severely cracked down on illegal business practices.
65438+1 October13, Sanya investigated and dealt with 5 cases of illegal tourism market, ordered 14 seafood stalls and1fruit stalls to be rectified, banned 2 unlicensed shops and 3 fruit stalls, and temporarily detained 72 boxes of fruit. In addition, a seafood stall in Jiyang District, Sanya City was fined 1000 yuan by the price department for not clearly marking the price according to the prescribed method and content.
A seafood wholesale stall in Tianya District, Sanya City was ordered to suspend business for rectification due to dishonest operation, and a signboard of "Dishonest merchants closed down for rectification" was hung in a conspicuous position of the stall. According to Xinhua News Agency
References:
Baidu Encyclopedia-"Measures for Investigating and Banning Unlicensed Business"
People's Network-Sanya Renovation Unlicensed Stall