How to distribute Sichuan Shehong tobacco license reasonably?

According to the National Tobacco Monopoly Law, the Administrative Licensing Law and other relevant laws and regulations, according to the requirements of the National Tobacco Monopoly and Retail Licensing Bureau and the guiding opinions of the provincial and municipal bureaus to optimize the rational distribution of cigarette retail outlets, actively adapt to the deepening of the national reform of "simplifying administration, strengthening supervision and improving services" and the continuous development of social economy, adhere to fairness, justice, openness, high efficiency, convenience and satisfaction of consumption, and coordinate the rational distribution of tobacco retail outlets in Shehong District of Suining City.

Second, the basis for formulation

People's Republic of China (PRC) Civil Code

Law of People's Republic of China (PRC) on the Protection of Minors

People's Republic of China (PRC) Administrative Licensing Law

tobacco monopoly law of the people's republic of china

Regulations on the Implementation of People's Republic of China (PRC) Tobacco Monopoly Law

Measures for the administration of tobacco monopoly licenses

Detailed rules for the implementation of the measures for the administration of tobacco monopoly licenses

Regulations of Sichuan Province on Tobacco Monopoly Management (Amendment)

Third, the basic principles

Principle of legality

Formulating a reasonable layout plan of tobacco products retail outlets is a necessary pre-procedure for issuing tobacco monopoly retail licenses according to law. Planning work should adhere to administration according to law, strictly abide by the Tobacco Monopoly Law, the Administrative Licensing Law and other laws and regulations, conscientiously fulfill the administrative licensing rights granted by law, and adhere to the principle of "nothing can be done without authorization". It is strictly forbidden to set up an administrative license again or set up a new administrative license in disguise.

(B) the principle of rationality

Considering the population, traffic conditions, economic development level, consumption capacity, purchase demand and other factors within the jurisdiction, with the goal of meeting social needs, facilitating consumers' purchase, standardizing retail households' operation and maintaining good market order, the layout of tobacco products retail outlets is reasonably determined.

(3) Adhere to the principle of optimizing layout planning.

According to the principle of "rational layout, optimized layout, sequential application, first in first out, and gradual arrival", the layout planning of cigarette retail outlets in this region is determined according to factors such as purchasing demand, residents' consumption capacity, geographical environment, traffic conditions and economic development level.

(4) service principle

Pay attention to special social groups and appropriately relax the market access conditions for the disabled and the immediate family members of martyrs in accordance with the principle of rational distribution; For retailers who are no longer suitable to engage in the retail business of tobacco products due to the needs of municipal construction and urban planning adjustment, the market approval conditions shall be appropriately relaxed in accordance with the principle of rational distribution.

(5) The principle of application sequence.

If there are more than two applications that meet the licensing requirements and local reasonable layout requirements, the administrative licensing decision shall be made in the order of application time.

(6) the principle of quantity control cycle

When the cigarette retail outlets that meet the requirements of total quantity control in a certain area reach the planned cigarette retail outlets, all information shall be announced to the public in time, and the administrative license shall be stopped until the retail outlets in this area withdraw from the retail business of tobacco products.

(7) Principles for the protection of trust interests

Before the implementation of these Provisions, enterprises and individuals that have obtained tobacco monopoly retail licenses will fully respect the principle of protecting and trusting interests and will not carry out re-layout planning, except that the requirements of the surrounding kindergartens of primary and secondary schools or national laws and regulations do not meet the requirements of this plan.

Four, tobacco products retail outlets layout planning

(1) Urban areas

1. Streets (roads, avenues, sections, streets and lanes) below the urban area: (See Annex I for details), and the distance between adjacent retail outlets shall not be less than 50m.

2. Streets (roads, avenues, streets and lanes) below urban areas: The distance between adjacent retail outlets shall not be less than 100 meters. (See Annex II for details)

(2) Fieldtown

1. The total amount control and spacing shall be combined in major towns of villages and towns. The total amount of retail outlets in each town shall be controlled within a period, and the spacing between adjacent retail outlets shall not be less than 50 meters. (See Annex 3 for the approved quantity of tobacco products retail outlets in major towns in each township)

2. For the administrative villages (including natural villages) under the jurisdiction of the towns approved by the government, the control mode of combining the total amount with the distance is adopted. The number of retail outlets of tobacco products in the administrative villages under the jurisdiction of each town shall not exceed 1 in principle (except for historical factors) and shall not exceed the total amount approved by the town, and the distance between adjacent retail outlets shall not be less than 50 meters. (See Annex 4 for the administrative villages approved by the government)

(three) along the highway, the location of non market towns

The total amount and spacing control shall be implemented along the roads and the locations of non-market towns within the jurisdiction. In principle, the retail outlets along the road and the locations of non-market towns shall not exceed the total amount approved by the township where they are located, and the distance between adjacent retail outlets shall not be less than 50 meters.

(4) according to the special regional settings

1. Closed community

The retail point of tobacco products is not limited by distance. Every 400 households can have 1 tobacco product retail outlets, but not more than 2. Retail outlets on both sides of the entrance and exit of residential areas are set with reference to the reasonable general layout and spacing restrictions of streets.

2. Open communities

According to the total amount and spacing requirements of reasonable distribution of tobacco products retail outlets in the city and town where the community is located.

3. Important transportation hub

Passenger station: In principle, 1 tobacco products retail outlets can be set up in the station, and the layout outside the station is determined according to the spacing conditions in this area.

Railway station: In principle, 1 tobacco products retail outlets can be set up in the station, and the layout outside the station is determined according to the spacing conditions in this area.

4. Comprehensive market

There can be 100 retail outlets with fewer merchants; There are more than 100 households. For every 100 commercial merchants, 1 retail outlets can be added, with a maximum of 5 outlets. (The areas within all entrances and exits of the comprehensive market are within the market, and the areas outside the entrances and exits of the comprehensive market are not within the comprehensive market. )

5. Attractions

Jurassic Park, Jin Huashan Shehong Pingan Scenic Area, etc. It belongs to the key fire prevention and smoking-forbidden units. For safety reasons, the tobacco monopoly retail license will not be applied for in the scenic spot (bounded by the ticket gate in the scenic spot), and the total amount and spacing requirements for the reasonable layout of urban tobacco products retail outlets outside the scenic spot will be approved.

6. The retail outlets of tobacco products in expressway service area with security measures shall implement "one store, one license" and "one license, one address" according to the regional spacing and total standard, and there shall be no more than two retail outlets of tobacco products in this area.

(5) according to the format setting

1. The distance between the entertainment service and other retailers is not less than 200m for verification, and it is limited by the total amount in this area.

The spacing limit of business premises with a business area of more than 600 square meters can be relaxed to 60% of the spacing set in this area. Special formats, such as KTV and tea restaurants, need to be licensed in accordance with the principle of "one store, one license", but their business objects can only be the consumer groups in the above places, and tobacco products are not allowed to be placed on the street. Only one tobacco product retail point can be set up in a building.

2. The specific format standards are approved according to the national standards of Retail Format Classification (GBT181061738247817) and Tobacco Format Classification (see Annex 5 for details).

(6) Set by special groups

1. Holder of disability card:

(1) In any of the following circumstances, the spacing limit shall be relaxed to not less than 30m for verification. Higher-level visual disability, hearing disability, speech disability and physical disability are indeed family financial difficulties (written certification materials issued by relevant departments), and the types of disabilities are as follows: a. Visual disability: first-degree blindness and second-degree blindness; B. Hearing disability: Grade I, II and III; C. Speech disability: Grade I, II and III; D. Physical disability: severe (Grade I) and moderate (Grade II).

(2) Persons with disabilities under any of the following circumstances shall not relax the conditions for obtaining a license:

Have a fixed occupation and a stable source of income;

B. Enjoy retirement, resignation and retirement benefits and have a stable living guarantee;

C. Not operated by himself or his immediate family members (spouse, parents, children or legal guardians only);

D. Persons with low-level visual disability, hearing disability, speech disability and physical disability who can engage in general social work;

E. the provisions of laws, regulations and other normative documents are not relaxed.

2. Holding a legitimate martyr's card, I voluntarily apply for it, have independent business ability, and are operated by myself or immediate family members, and are not limited by spacing.

3. Due to the reasonable layout adjustment, the distance between the original franchised retail store and the campus is less than 50m, and the distance between the retail outlets and the campus is less than 50m due to the new campus relocation and channel import and export changes. If you take the initiative to move and apply for a new office space within three months after receiving the notice from our bureau and there is no record of violation of laws and regulations within the validity period of this tobacco monopoly retail license, the distance limit will be relaxed to not less than 30 meters.

4. Due to objective reasons such as road planning and urban construction. When the business address changes, the original holder applies for a new business license, and the spacing limit is relaxed to not less than 30 meters.

5. The disability certificate that enjoys preferential treatment policy must be a valid certificate issued by China Disabled Persons' Federation.

6. The tobacco monopoly retail license that enjoys preferential policies by using the disability certificate must be operated independently by myself or family members. If a family member applies for change, if the changed family member has no disability certificate and does not conform to the local reasonable layout plan, it cannot be changed among the family members.

7. Disabled persons' cards and martyr's family members' cards can only enjoy one preferential policy when applying for tobacco monopoly retail license in this city.

Five, do not issue tobacco monopoly retail license.

(1) Application qualification:

1. Persons without or with limited capacity for civil conduct.

2. Foreign-invested commercial enterprises or individual industrial and commercial households.

3. Failure to obtain a business license.

4. Cancelling the qualification for engaging in tobacco monopoly business for less than three years.

5. If the applicant conceals relevant information or provides false materials, and the department of tobacco monopoly administration decides not to accept or issue certificates, the applicant shall apply again within one year.

6. After the tobacco monopoly license obtained by the applicant by cheating, bribery or other improper means is revoked, the applicant applies again within three years.

7. Operating tobacco monopoly products business without obtaining a tobacco monopoly retail license, and being punished by law enforcement authorities for more than two times within one year, and failing to apply for a tobacco monopoly retail license within three years.

8. Being investigated for criminal responsibility for operating tobacco monopoly products business without obtaining tobacco monopoly retail license, and applying for tobacco monopoly retail license within 3 years.

(2) Business premises:

1. Mobile and seasonal stalls, shops, cars, sheds, kiosks and other places without fixed business premises.

2 dangerous buildings, uncompleted residential flats and buildings built without the permission of relevant government departments.

3. The business premises and residence are not independent.

4. Based on safety factors, this business place is not suitable for dealing in cigarettes.

5 vending machines or other forms of selling, selling or selling tobacco products in disguised form.

(3) Special areas:

1. On campus, within 50 meters of the entrance and exit of the campus.

2. Medical and health institutions in the region.

3. Areas where the government explicitly prohibits the operation of cigarette commodities.

(4) Special groups:

1. The applicant is a person with limited or no capacity for civil conduct. Persons with intellectual disabilities and mental disabilities among persons with limited capacity for civil conduct or persons without capacity for civil conduct cannot engage in cigarette retail business, and those who do not have the qualification to hold a certificate may not issue certificates.

2. The applicant provides false certification materials to handle the tobacco monopoly retail license for the disabled. According to the provisions of Article 46 and Article 55 of the Measures for the Administration of Tobacco Monopoly Licenses, if the disabled provide false certification materials to apply for tobacco monopoly retail licenses, they will not be issued, and if they have obtained licenses, they will be revoked and the tobacco monopoly licenses will be recovered.

(5) Other aspects:

Other circumstances that are not established as stipulated by laws, regulations, rules and the State Tobacco Monopoly Bureau.

Supplementary clause of intransitive verbs

Explanation and explanation of (1) terms

1. The "campus" in this plan refers to ordinary primary and secondary schools, special education schools, secondary vocational schools, specialized schools and kindergartens (kindergartens recognized by the education authorities and with legal qualifications).

2. Distance

(1) The term "distance" as mentioned in this plan (except around the campus) refers to the shortest straight-line distance between the business premises to be engaged in tobacco retail business and the business premises of the nearest cigarette retail point. (See Annex VI for details)

A. When two or more streets with different spacing standards are involved, the spacing standard of the street where the retail outlets apply should be used for measurement when measuring the spacing with the adjacent retail outlets.

B. If the business premises are located at the intersection of two or more streets with different spacing standards, it shall also meet the street spacing standards where the application is located.

C the business premises are located in various comprehensive (wholesale) markets, specialized markets, trade markets and comprehensive commercial centers that are open to the outside world. If the area involves two or more spacing standards, the highest spacing standard in the area shall prevail.

(2) The "distance" of the retail outlets around the campus refers to the shortest straight-line distance from the nearest boundary of the retail outlets of tobacco products with the entrance and exit of the campus as the center.

3. "Business area": refers to the interior construction area (including real estate license, real estate license and registered house purchase contract) specified in the property right certificate of the business premises or the area specified in the written certificate issued by the functional department, and the areas such as mezzanine, warehouse, dam, pond and unauthorized construction of the house are not included in the business area. If the real estate certification area is not clear and can not be identified, the area verified by two or more tobacco monopoly managers shall prevail.

4. Definition of fixed occupation and stable source of income: Anyone who has signed a labor and employment contract is a fixed occupation. Anyone who has social security and pension is a stable source of income.

5. The management of immediate family members refers to the management of spouses, parents, children or legal guardians.

6. "Urban area" refers to the area covered by Ping 'an Street, Taihe Street and Economic Development Zone.

7. If the street names (roads, sections, roads, avenues, streets and lanes) involved in Annexes I and II are changed due to government planning, the spacing standard will remain unchanged, and the newly planned streets will be implemented with reference to the provisions of the local area.

8. "Not exceeding", "not less than", "above" and "within" in this scheme all include this number.

9. On campus, licensed retailers within 50 meters of the entrance and exit of the campus will not renew their licenses upon expiration.

(2) This scheme (draft) was heard on March 365438, 20021and passed unanimously. It shall be announced after being reported to the Shehong Municipal Bureau of Justice for the record, and shall be implemented after the expiration of the announcement. On June 9, 2020, the original "Rational Distribution Planning of Tobacco Products Retail Points of Shehong Tobacco Monopoly Bureau" was abolished at the same time.

(3) The Shehong Tobacco Monopoly Bureau is responsible for the interpretation of this plan.