Apply for liquor sales license
Chapter I General Principles
first
In order to regulate the order of liquor circulation, promote the orderly development of liquor market, safeguard national interests and protect the legitimate rights and interests of liquor producers, operators and consumers, these measures are formulated in accordance with relevant national laws and regulations.
second
The term "alcohol" as mentioned in these Measures refers to alcoholic beverages with an alcohol content (ethanol content) greater than 0.5% (volume fraction), including fermented wine, distilled wine, mixed wine, edible alcohol and other alcoholic beverages. Except for medicinal liquor, health food and alcohol approved by the relevant administrative departments of the state according to law.
The term "liquor circulation" as mentioned in these Measures includes liquor wholesale, retail, storage and transportation and other business activities.
Article 3 Those who engage in alcohol circulation activities within the territory of People's Republic of China (PRC) shall abide by these Measures.
Article 4 The circulation of alcoholic beverages shall implement the operator registration system and the traceability system.
Article 5 The Ministry of Commerce shall be responsible for the supervision and administration of liquor circulation throughout the country.
The competent commercial departments at or above the county level shall be responsible for the supervision and management of liquor circulation within their respective administrative areas.
Chapter II Application for Registration of Liquor Sales License
Article 6
Units or individuals engaged in liquor wholesale and retail (hereinafter referred to as liquor operators) shall, within 60 days after obtaining the business license, go through the filing and registration with the competent commercial department at the same level of the administrative department for industry and commerce at the place of registration in accordance with the principle of territorial management.
Seventh liquor operators for the record registration procedures are as follows:
(1) Obtaining the Registration Form for Liquor Circulation (hereinafter referred to as the Registration Form). The registration form can be downloaded from the government website of the Ministry of Commerce or obtained from local commercial authorities.
(2) fill in the registration form. Liquor business operators shall fill in the registration form completely, accurately and truly; At the same time, carefully read the terms attached to the registration form and sign and seal it by the legal representative or the owner.
(3) Submit the following registration materials to the competent department of commerce:
1, the "Registration Form" filled out in accordance with the requirements of Item (2) of Article 7 of these Measures in duplicate;
2 copies of the business license and health permit signed and sealed by the legal representative or the owner;
3. Other materials approved by the Ministry of Commerce and required by the provincial commerce department.
Article 8
The competent commerce department shall go through the formalities of filing and registration within 5 working days from the date of receiving the above-mentioned materials submitted by liquor operators, and affix a seal on the registration form.
Article 9
The competent commerce department shall completely and accurately record and save the registration information and materials of liquor operators, establish filing and registration files, submit them to the superior competent department regularly, and announce them to the public.
Article 10
If the items registered in the registration form are changed, the liquor operator shall go through the formalities of change at the competent commercial department within 30 days from the date of change (for industrial and commercial registration items, within 30 days from the date of change of industrial and commercial registration).
After receiving the written materials submitted by the liquor business operators, the competent commerce department shall go through the formalities of change within 5 working days.
The Registration Form will automatically become invalid as of the date when the liquor operator cancels the registration in the administrative department for industry and commerce or the business license is revoked. The competent department of commerce shall regularly verify the cancellation or revocation with the administrative department for industry and commerce at the same level.
Article 11
The competent department of commerce can only charge the production cost approved by the local price department when handling the filing and registration or changing the filing and registration, and shall not charge other fees.
Twelfth liquor operators shall not forge, alter, lease, lend, transfer, buy or sell or defraud the liquor circulation registration form.
Chapter III Operating Procedures Application for Liquor Sales License
Thirteenth engaged in liquor wholesale, retail, storage and transportation and other business activities shall comply with the provisions of the relevant national or industry standards.
Article 14
Liquor operators (suppliers) shall fill in the Schedule of Liquor Circulation when wholesaling alcoholic commodities (hereinafter referred to as the Schedule) and record the circulation information of alcoholic commodities in detail. Attached to the whole process of liquor circulation, the list goes with the goods, and the single goods are consistent, which realizes the traceability of liquor circulation information from the factory to the sales terminal.
The attached page shall include the sales unit (name, address, registration number and contact information), the name of the purchasing unit, the date of sale, and the goods sold (name, specification, place of origin, production batch number or production date, quantity and unit), and shall be stamped with the seal of the operator.
Liquor operators who have established a perfect traceability system that meets the requirements of these Measures may, with the approval of the Ministry of Commerce, replace the attached pages stipulated in these Measures with their own documents.
Article 15 When purchasing alcoholic commodities, an alcoholic operator shall ask the first supplier for a copy of the business license, hygiene license, production license (limited to producers), registration form and authorization for the distribution of alcoholic commodities (limited to producers).
For each batch of purchased alcoholic commodities, the alcoholic business operator shall obtain a valid copy of the product quality inspection certificate and an attached page stamped with the seal of the alcoholic business operator, or a certification document that conforms to the provisions of the second paragraph of Article 14 of these Measures; When importing alcoholic commodities, a copy of the Hygiene Certificate for Imported Food and the Label Examination Certificate for Imported Food issued by the national entry-exit inspection and quarantine department shall also be obtained.
Liquor operators shall establish a ledger of liquor business purchase and sale, and keep it for 3 years.
Sixteenth liquor operators should sell bulk liquor in a fixed place, and it is forbidden to sell bulk liquor in a mobile way.
Bulk wine containers shall conform to the national food hygiene requirements, and the labels conforming to the national beverage and wine labeling standards shall be affixed. After opening, the effective sales period, operators and their contact numbers shall be indicated.
Article 17
Liquor business operators shall meet the relevant requirements of food hygiene management, fire safety and storage and transportation when storing and transporting alcoholic commodities. Alcohol products should be far away from high pollution and high radiation areas, and should not be mixed with toxic, harmful, polluting (source), corrosive and other items.
Eighteenth liquor operators should clearly mark the price when selling alcoholic commodities, and be honest and trustworthy.
Nineteenth liquor operators shall not sell alcoholic commodities to minors, and shall make it clear in a prominent position in the business premises.
Twentieth prohibit the wholesale, retail, storage and transportation of the following commodities:
(a) the use of non edible alcohol and other substances harmful to human health;
(2) Forging or tampering with the name, address and production date of alcoholic commodities;
(3) alcoholic commodities that infringe upon intellectual property rights such as the exclusive right to use trademarks;
(four) adulterated, shoddy, fake and shoddy, over the shelf life of alcoholic commodities and illegally imported alcoholic commodities;
(five) other alcoholic commodities prohibited by national laws and regulations.
Chapter IV Supervision and Administration
Article 21
The competent commercial departments at or above the county level shall, in accordance with the relevant state laws, regulations and these Measures, supervise and manage the circulation of alcohol within their respective administrative areas.
Commercial departments at all levels shall not restrict or hinder the circulation of legal alcoholic commodities in the region.
Article 22
When conducting supervision and management, the competent commercial department shall produce valid certificates, and the number of law enforcement personnel shall not be less than two. In the case of evidence or receiving a report, law enforcement officers may consult the account books or take samples. If a sample is taken, a valid certificate shall be issued to the party concerned.
The competent department of commerce has the obligation to keep business secrets for the parties concerned.
Liquor business operators shall cooperate with the supervision and inspection of the competent commercial departments, provide truthful information, and shall not transfer or destroy the inspected liquor products without authorization.
Article 23
The competent department of commerce shall establish a monitoring system for liquor circulation, monitor and analyze the local liquor circulation, establish a credit file for liquor operators, and announce it to the public in time.
The Ministry of Commerce applies modern information technology to establish an information system for liquor circulation management and liquor commodity safety, and the competent commercial departments at all levels and liquor operators shall submit relevant information in a timely manner.
Article 24
The competent department of commerce may, on its own or in conjunction with relevant departments, conduct sampling inspection of alcoholic commodities sold in the region, and may announce the inspection results to the public.
The conclusion of liquor appraisal issued or recognized by the competent commerce department shall be based on the test results of the national statutory testing institutions.
Twenty-fifth to encourage alcohol industry organizations to establish and improve the industry self-discipline system.
Article 26
Any unit or individual has the right to report and complain about violations of these measures to the local competent commercial department, industrial and commercial administrative department or relevant departments.
Chapter V Legal Liability
Article 27
In violation of the provisions of the first paragraph of Article 6 and Article 10 of these Measures, the competent commercial department shall give a warning and order it to make corrections within a time limit; Those who refuse to make corrections within the time limit, depending on the seriousness of the case, shall be fined up to 2,000 yuan for liquor operators, and may make an announcement to the public.
In violation of the provisions of article twelfth of these measures, depending on the seriousness of the case, a fine of 10000 yuan; Violation of industrial and commercial administration laws and regulations, transferred to the administrative department for industry and commerce according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 28
In violation of the provisions of Article 14 and Article 15 of these measures, the competent commercial department shall give a warning, order it to make corrections and announce it to the public; Refuses to correct, depending on the seriousness of the case, impose a fine of 5000 yuan, and announced to the public.
Article 29
In violation of the provisions of Article 16 and Article 17 of these Measures, the competent commercial department shall give a warning and order it to make corrections; If the circumstances are serious, a fine of 10000 yuan may be imposed, and it may be transferred to the administrative department for industry and commerce for legal treatment; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 30
In violation of the provisions of article nineteenth of these measures, the competent department of commerce or jointly with relevant departments shall give a warning and order it to make corrections; If the circumstances are serious, a fine of 2000 yuan shall be imposed.
Article 31
In violation of the provisions of article twentieth of these measures, illegal commodities shall be confiscated by the competent department of commerce or jointly with relevant departments, and a fine of less than 30,000 yuan may be imposed according to the seriousness of the case; Violation of industrial and commercial administration laws and regulations, infringement of the exclusive right to use trademarks, transferred to the administrative department for industry and commerce according to law; Violation of other laws and regulations, transferred to the relevant authorities for legal treatment; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 32
In violation of the provisions of the third paragraph of article twenty-second, the competent commercial department shall give a warning and order it to make corrections; If the circumstances are serious, a fine of 10000 yuan may be imposed.
Thirty-third commercial departments engaged in the supervision and management of alcohol circulation in violation of the provisions of these measures, shall be given administrative sanctions according to law.
Chapter VI Supplementary Provisions
Article 34
Areas that have implemented the administrative licensing management of alcohol circulation according to law should continue to implement the licensing system, and the circulation of alcohol commodities should implement the traceability system according to these measures, with the alcohol circulation license certificate as the registration form.
Thirty-fifth registration forms and schedules shall be uniformly formulated by the Ministry of Commerce, and the provincial competent commercial departments shall be responsible for the specific implementation.
Thirty-sixth commercial departments at or above the county level may entrust relevant institutions to engage in the supervision and administration of liquor circulation according to law.
Article 37 The Ministry of Commerce shall be responsible for the interpretation of these Measures.
Article 38
These Measures shall be implemented as of June, 2006 1 day, and a three-month transition period shall be established as of the date of implementation. During the transition period, liquor operators shall register and put on record in accordance with the provisions of these measures, and establish a traceability system for liquor circulation.