Cigarette retail point layout plan

In order to implement the requirements of the national bureau, the provincial bureau, and the municipal bureau for further optimizing the rational distribution of integrated cigarette retail outlets, standardize market operation order, increase market share, transform service functions, enhance industry image, and establish a standardized and orderly cigarette market order. To ensure the state's fiscal revenue, to maintain the reasonable profits of the operators and the interests of the vast number of consumers. According to the "Administrative Licensing Law of the People's Republic of China", the "Tobacco Monopoly Law of the People's Republic of China", the "Regulations on the Implementation of the Tobacco Monopoly Law of the People's Republic of China", and the relevant provisions of the No. 51 of the Development and Reform Commission of the People's Republic of China Formulate the "Six County Tobacco Monopoly Bureau cigarette retail point rational layout plan."
I. Purpose and Objectives Through the optimization and integration of cigarette retail outlets, we will continue to strengthen the management of tobacco monopoly retail licenses, promote the rational distribution of cigarette retail outlets, safeguard the legitimate interests of cigarette retailers, and comprehensively enhance the marketing network. Cohesiveness and attractiveness, to achieve a win-win situation for customers, to consolidate the national tobacco monopoly system, to achieve the implementation of tobacco control goals and protect the rights of minors, to regulate the application, handling and renewal of tobacco monopoly retail licenses.
aims
1. The basic goal of rational distribution of cigarette retail outlets in the county is to gradually adjust the retail distribution of cigarettes according to the population size, traffic conditions, economic development level, and consumption power of the jurisdiction, and finally meet the requirements of reasonable layout of cigarette retail outlets to prevent Disorderly competition.
2. Applying and issuing the relevant laws, regulations, rules and regulations, etc., in accordance with the “Measures for the Administration of Tobacco Monopoly Licenses” and “The Rational Distribution Plan for Cigarette Retail Points of the County Tobacco Monopoly Bureau”, etc. certificate.
Second, the principle of optimal integration adheres to the principle of rational distribution. In accordance with the four footholds optimized for the convenience of consumers to purchase, to facilitate the effective implementation of monopoly management, to protect law-abiding households in accordance with the law, to facilitate the implementation of tobacco control goals and to protect the rights of minors, the existing retail outlets are too Dense areas are the focus of optimization integration efforts.
Strictly control the principle of issuing new certificates. In the approval of new households, it is necessary to strictly follow the procedures according to the principle of reasonable layout and the conditions for issuing certificates.
Focus on cracking down on illegal business principles. Those who violate the provisions of the second paragraph of Article 7 of this plan and violate the regulations and illegally operate tobacco monopoly products within two years shall be resolutely banned according to law.
The principle of gradual progress. On the basis of continuously strengthening the management of licenses, based on market control capabilities, based on current and long-term planning, it is not eager to achieve success. Enterprises or individuals who have obtained a tobacco monopoly retail license before the implementation of this plan will gradually adjust to meet the planning requirements within the planning period of the plan if they do not meet the planning standards of this plan.
III. Implementation Measures Clearly Deploying the objectives Comprehensive consideration of factors such as the population of Yucheng, township, transportation, economic development, and consumption capacity, in principle, requires:
1. The booth layout of cigarette retail outlets The distance between retail outlets of new cigarettes in the county is more than 40 meters. Strive to reach no more than 3 households within 100 meters of the bustling streets in the city, and no more than 2 households within 100 meters of the general street.
The retail outlets of the towns and township governments where the economy is more developed, the population is more concentrated, and the floating population is more than 50 meters.
There is one retail outlet for every 200 households in the closed residential area.
In rural villages with more than 100 households, the number of retail outlets shall not exceed two. Set up one retail outlet for a natural village of less than 100 households.
Along the roads, not the location of the town, the retail outlets are set strictly according to the reasonable layout standards of the natural villages.
2. The above provisions shall apply to newly opened roads or newly built closed cells after the implementation of this rational layout plan.
3. Large and medium-sized hotels, restaurants, shopping malls, supermarkets, entertainment venues and other service industries need to operate tobacco product retail business, which is not subject to retail space restrictions. The actual operation area of ​​large and medium-sized supermarkets is more than 400 square meters, and townships are 200 square meters. Above the meter, the hotel has more than 100 beds or a business area of ​​more than 800 square meters. The hotel has a table with more than 30 tables or a business area of ​​800 square meters or more. The actual business area of ​​the entertainment venue must not be less than 1,000 square meters.
4, large-scale iconic business and culture, as well as important scenic spots, large public transport hubs, stations, can set up 2-3 retail outlets.
5. If the licensee changes due to the main body, business location or type of business, the tobacco monopoly retail license shall be re-applied, and all the households shall be treated as new ones.
6. Enterprises and individuals that have obtained tobacco monopoly retail licenses may not use vending machines to sell tobacco monopoly products, and may not sell tobacco monopoly products through the information network.
Strictly control the bidding conditions for new certificates and strict licenses, and must not refuse to accept the applicant's application without reason, and strictly follow the reasonable layout requirements for review.
In one of two situations, take care of it in principle:
1. Persons with disabilities, laid-off workers, special destitute households, military martyrs, etc., applying for cigarette retail business, in accordance with the conditions stipulated by the permit, under the same conditions, give priority to handling.
2. In order to solve the re-employment concentration of the laid-off workers, the retail outlets of cigarettes may be appropriately relaxed, but the distance between the two points may not be less than 30 meters.
Applicants can apply in writing or by letter, telegram, fax, electronic data exchange and e-mail, and submit the format text as required by the tobacco administrative department; the applicant can entrust an agent to apply. Where an entrusted agent makes an application, it shall provide the power of attorney of the principal and the identity certificate of the agent.
Conditions for applying for a tobacco monopoly retail license
1. Obtain a legal and valid business license or a notice of filing of the industrial and commercial department;
2. There is funds suitable for the operation of tobacco products retail business;
3. There is a fixed business place independent of the residence;
4. Meet the requirements for reasonable layout of retail outlets of tobacco products in * County;
5. Other conditions stipulated by the competent department of tobacco monopoly of the State Council;
Tobacco monopoly retail licenses shall not be issued in any of the following circumstances:
1. Cancellation of the qualification for tobacco monopoly business for less than three years;
2. After the applicant conceals the relevant information or provides false materials, the tobacco monopoly administrative department makes a decision to refuse to accept the certificate, and the applicant applies again within one year;
3. After the tobacco monopoly license obtained by the applicant by fraud or bribery or other improper means has been revoked, the applicant will apply again within three years;
4. Did not receive the tobacco monopoly retail license to operate the tobacco monopoly business, and was punished twice by law enforcement agencies within one year, and applied for the tobacco monopoly retail license within three years;
5. Gift recycling stores for profit purposes, no retail outlets are set;
6. Stores that are harmful to human health, such as pesticides, chemicals, paints, and other toxic, flammable, explosive, and volatile commodities, are not allowed to set retail outlets;
7. No retail outlets shall be set within a radius of 50 meters in the entrance of a small or medium-sized school or a small or medium-sized school;
8. Gas station;
9. Key fire prevention units such as museums, forest parks, and cultural relics protection sites;
10. Liquidity and seasonal stalls, points, cars, sheds, telephone booths, newsstands;
11. Violation of buildings or buildings to be demolished within one year;
12. Retail outlets are not allowed in public places where smoking is prohibited;
13. Other circumstances not stipulated by the administrative department of tobacco monopoly of the State Council.
In any of the following circumstances, the issuing authority shall cancel the tobacco monopoly license according to law:
1. The expiration date of the tobacco monopoly license has not been extended;
2. The business entity approved by the tobacco monopoly license is a natural person, the natural person dies or loses the capacity for civil conduct;
3. The business entity approved by the tobacco monopoly license is legally terminated by legal persons or other organizations;
4. The business entity cannot continue to engage in the production and operation of tobacco monopoly products due to force majeure;
5. Other circumstances as stipulated by laws and regulations that should cancel the tobacco monopoly retail license.
Comprehensively sort out the old card
1. Cancel and revoke the invalidation permit according to law. If the business is closed or closed, the retailers who have been closed or closed shall be required to issue a notice to stop and close the business, and the cancellation or cancellation of the formalities that have not been completed within the prescribed time limit shall be cancelled;
After the expiration of the suspension period, the local tobacco monopoly administrative department is not required to apply for resuming business or stop operating for more than one year, and will not be closed from the date of expiration;
Closed business means that citizens, legal persons or other organizations that have obtained a tobacco monopoly retail license have not purchased goods at local tobacco wholesale enterprises six months after receiving the tobacco monopoly retail license;
2. Continuously strengthen the inspection of licenses. If the inspection does not meet the conditions for holding the license, it may be ordered to suspend the cigarette business and carry out rectification until the qualification of its operation is cancelled. At the same time, it is necessary to make full use of the timing of license renewal, and further improve the rational layout. Any one of the following acts will be suspended until the cancellation of the tobacco monopoly retail business qualification:
After inspection, it does not comply with the Tobacco Monopoly Law, the Implementation Regulations of the Tobacco Monopoly Law and the Measures for the Administration of Tobacco Monopoly Licenses;
Buying, selling, leasing, or otherwise illegally transferring tobacco monopoly retail licenses;
Due to illegal production and operation of tobacco monopoly products, the tobacco monopoly administrative department or other law enforcement agencies shall be punished more than two times within one year;
The tobacco monopoly administrative department or other law enforcement agencies have seized more than 50 fake cigarettes and smuggled cigarettes at one time;
Criminal liability was investigated for illegal production and operation of tobacco monopoly products;
Failure to implement the administrative punishment decision of the tobacco monopoly administrative department;
The business license is revoked by the administrative department for industry and commerce;
No fixed place of business;
Failure to promptly apply for change, suspension of business, business suspension, continuation, and resumption of business application procedures;
During the period of validity of the license, the conditions for issuance of certificates prescribed by the tobacco administrative department of the State Council are no longer met;
Other circumstances as stipulated by laws, regulations and rules.
3. Relevant provisions on strengthening supervision and management of cigarette merchants who have obtained tobacco monopoly retail licenses:
The tobacco monopoly administrative department has the right to inspect the implementation of this program. Where violence or threats are used to prevent tobacco monopoly inspectors from performing their duties according to law, criminal responsibility shall be investigated according to law; if the tobacco monopoly inspectors are refused or obstructed to perform their duties in accordance with the law, the public security organs shall be punished in accordance with the provisions of the Regulations on Public Security Administration Punishment;
Citizens, legal persons or other organizations that have obtained a tobacco monopoly retail license may not sell cigarettes at a lower price than the local tobacco company's wholesale price or illegally acquire cigarettes;
Obtaining a tobacco monopoly retail license shall place or hang the original in a prominent position in the business premises;
4. For cigarette business operators who have obtained the tobacco monopoly retail license before 20* years*month*, they must submit the relevant materials for the tobacco monopoly license when renewing the tobacco monopoly retail license, and the relevant provisions of this program shall apply.
5. If the tobacco monopoly retail license expires and needs to continue to operate, it shall submit a continuation application to the original issuing authority 30 days before the expiration of the validity period of the tobacco monopoly license.
6. Actively coordinate relevant functional departments to severely crack down on illegal business households without licenses, unlicensed households and unlicensed wholesales, and resolutely ban illegal business owners who are unlicensed, unlicensed and unlicensed, for violation of the criminal law. Transferred to the judicial authorities for criminal responsibility.
Fourth, work requirements to increase publicity efforts, and actively communicate with the industry and commerce, public security, justice and other departments, and actively report to the local government, with the help of their strength, strive for understanding and support from all walks of life, form a good situation of joint management.
Acting in accordance with the law, actively promote administrative affairs in the process of license issuance management, provide applicants with complete application materials, publicize the conditions, procedures, time, place and local reasonable layout requirements, and act in strict accordance with the law. If it is not possible to comply with the requirements, it is necessary to explain the reasons and reasons to the applicant within the statutory time and inform the parties of the relevant rights.
5. Others may be executed by the Municipal Bureau after the hearing of the program.
The unclear matters of this program shall be implemented by the * County Tobacco Monopoly Bureau in conjunction with the actual specific provisions of the jurisdiction, reported to the Municipal Bureau for review and filing, and publicized after the publicity.
The program was implemented from the date of promulgation, and the original "* County Tobacco Monopoly Bureau cigarette retail point rational layout plan" was abolished at the same time.
* This program is applicable to enterprises, individuals in the administrative divisions under the jurisdiction of the County Tobacco Monopoly Bureau, applying for, changing, and handling tobacco monopoly retail licenses.
This program is interpreted by the * County Tobacco Monopoly Bureau.