The main contents of the management regulations on the rational distribution of tobacco products retail outlets in Wuxi City

Article 1 In order to strengthen the layout management of tobacco retail outlets, standardize the operation order of tobacco retail market, and protect the legitimate rights and interests of operators and consumers of tobacco products, according to the Tobacco Monopoly Law of People's Republic of China (PRC), the Regulations for the Implementation of the Tobacco Monopoly Law of People's Republic of China (PRC), the Measures for the Administration of Tobacco Monopoly in Jiangsu Province, the Measures for the Administration of Tobacco Monopoly Licenses and the Notice of the State Tobacco Monopoly Bureau on Relevant Issues Concerning the Application of Reasonable Layout Provisions in Issuing Tobacco Monopoly Retail Licenses.

Article 2 These Provisions shall apply to the layout management of retail outlets of tobacco products within the administrative area of this Municipality.

Article 3 Retail outlets of tobacco products mentioned in these Provisions (hereinafter referred to as retail outlets) refer to places where citizens, legal persons and other organizations engaged in tobacco products business conduct cigarette retail business according to law.

Article 4 The distribution of retail outlets of tobacco products shall follow the principles of reasonable distribution, satisfying consumption, openness and fairness, convenience for the masses and total control.

Article 5 An application for a retail license shall meet the following conditions:

(1) Having funds suitable for the retail business of tobacco products;

(2) Having a fixed business place independent of the domicile, an accurate house number and address, and corresponding storage conditions for tobacco products; The business premises are leased, and the lease term shall be more than one year;

(three) in line with the requirements of the reasonable layout management regulations of tobacco products retail outlets;

(4) Other conditions stipulated by the department of tobacco monopoly administration.

Article 6 The establishment of retail outlets shall meet the following requirements:

(a) the business area (subject to the actual measurement) shall not be less than 8 square meters;

(two) the main roads (including commercial blocks) set up retail outlets, and the feasible distance between two retail outlets on the same side is not less than 50 meters; Retail outlets are set on secondary roads, and the feasible distance between two retail outlets is not less than 100 m;

(three) the feasible distance between the two retail outlets at the intersection of the main and secondary roads is not less than 50 meters;

(four) administrative villages and natural villages set up retail outlets according to the number of permanent villagers, and less than 100 households are 1 household; If it exceeds 100 households, on this basis, 1 household can be increased for every 50 households. The feasible distance between retail outlets is not less than 50 meters;

(five) in the residential areas where property management has been implemented (excluding the facade houses along the street), retail outlets are set up according to the number of residents. Less than 100 households have 1 household; If there are more than 100 households, 1 household can be increased for each household exceeding 100. The feasible spacing of retail outlets is not less than 50 meters.

If the retail point is residential property and adjacent to the road, the provisions of item (2) shall apply.

Article 7 All kinds of comprehensive commodity markets and specialized markets that are qualified and allowed to operate tobacco products may set up retail outlets according to a fixed number of stalls, but the number shall not exceed10; The feasible spacing of retail outlets is not less than 50 meters.

All kinds of farmers' markets are allowed to operate tobacco products if they have the conditions, but the number shall not exceed 5 at most. The feasible spacing of retail outlets shall not be less than 25m.

Eighth existing stations, airports and passenger stations shall not add retail outlets. There shall be no more than 5 retail outlets in newly-built stations and passenger stations. The feasible spacing of retail outlets shall not be less than 25m.

Article 9 Anyone who meets one of the following conditions and engages in the retail business of tobacco products may be exempted from the restrictions in Items 2 to 5 of Article 6 upon examination and approval by the department of tobacco monopoly administration:

(a) the business area of supermarkets and shopping malls (excluding warehouses and office areas) is more than 400 square meters. However, only 1 retail point can be set in the same building;

(2) Entertainment and leisure places, restaurants and hotels with business area (excluding warehouses and office areas) 1 1,000 square meters or more (with independent counters, shelves or special areas for displaying cigarettes);

(three) the original individual industrial and commercial households are no longer operated by their close relatives;

(4) Unemployed persons whose husband and wife are identified as employment difficulties;

(5) For a large construction site with a construction period of more than one year, more than 100 construction workers and no retail outlets nearby, 1 retail outlets can be set during the construction period based on the principle of convenient procurement.

Article 10 Where a person has a permanent residence in this Municipality and is under any of the following circumstances, the distance between two feasible retail outlets may be appropriately relaxed with reference to Items (2) to (5) of Article 6 of these Measures, but the provisions of this paragraph shall not apply if the number of retail outlets in the area where the proposed retail outlets are located is saturated:

(1) Disabled persons with full capacity for civil conduct;

(two) martyrs, subsistence allowances;

(3) Other persons who meet the care requirements.

The personnel mentioned in this paragraph can only enjoy one-time care when applying for a retail license, and must provide relevant certification materials. Each household can only apply for operating 1 retail outlets, and can only operate on its own. During the operation period, if it is verified that it is not operated by me, the department of tobacco monopoly administration will withdraw the retail license according to the relevant provisions.

Eleventh in any of the following circumstances, no retail outlets shall be set up:

(1) Business premises for toxic, harmful, flammable and explosive commodities such as chemicals, paints, firecrackers and pesticides;

(two) the retail outlets are located in primary and secondary schools and the feasible distance around the school gate is 100 meters;

(3) illegal buildings, temporary buildings, vending machines (cabinets) without fixed business premises, mobile stalls (cars, sheds, public toilets), telephone booths, newsstands, kiosks, etc. ;

(four) the actual operation of non-main tobacco and alcohol, department stores, non-staple food, daily necessities of professional stores;

(five) there is no fixed tobacco products counter, shelf and necessary operators;

(six) foreign operators, no "Wuxi residence permit" or "temporary residence permit" issued by the public security organs of our city (valid for more than one year);

(seven) foreign investment (including reinvestment) commercial enterprises owned or leased sites are not allowed to set up any form of retail outlets. Foreign-invested commercial enterprises, including Sino-foreign joint ventures, Sino-foreign cooperation and wholly foreign-owned;

(eight) laws, regulations and rules explicitly prohibit the establishment of tobacco products retail outlets.

Article 12 To apply for a retail license, the following materials shall be submitted:

(a) the identity certificate of the individual industrial and commercial business operator, legal representative or person in charge of the enterprise and two 2-inch bareheaded color photos;

(two) the name pre-approval notice or business license issued by the administrative department for industry and commerce, excluding tobacco products business projects;

(3) If the business premises are owned by me (unit), a copy of the property right certificate shall be provided. If the business premises are leased, a copy of the lease agreement and property right certificate shall be provided;

(4) Other materials required by the department of tobacco monopoly administration.

If the applicant entrusts an agent, it shall provide the power of attorney and the identity certificate of the principal and agent.

Thirteenth on-site inspection of the feasible spacing should be based on the recently established retail outlets as a reference standard. In any of the following circumstances, it is an invalid reference:

(a) retail outlets that have obtained retail licenses and have not carried out the retail business of tobacco products for six months;

(two) retail outlets that change their business addresses without authorization;

(three) citizens, legal persons and other organizations that have obtained the retail license have stopped the retail business of tobacco products for more than 1 year.

Article 14 The term "feasible distance" as mentioned in these Provisions refers to the shortest distance that can be passed between two retail outlets after on-site inspection by the department of tobacco monopoly administration.

The calculation of feasible distance The actual distance is calculated according to the inside of the business doors of two retail outlets. When measuring with measuring tools, the error shall not exceed 3m.

Fifteenth tobacco monopoly license issuing organs have the right to supervise and inspect the production and business activities of citizens, legal persons and other organizations that have obtained retail licenses within their jurisdiction. For enterprises or individuals who violate laws and regulations, the tobacco monopoly license issuing organ may order them to suspend tobacco monopoly business and make rectification until they are disqualified from engaging in tobacco monopoly business.

Article 16 These Provisions shall come into force as of the date of promulgation.