Shenzhen E-cigarette Retail Outlets Layout Plan (Draft) (hereinafter referred to as the Plan) contains eighteen articles. The main contents are:
First, clarify the formulation basis, scope of application and definition of e-cigarette retail outlets of the Plan;
The second is to clarify the layout principles of the city's e-cigarette retail outlets and implement quantity management of e-cigarette retail outlets;
The third is to clarify the implementation of e-cigarette retail "one store, one license";
Fourth, it is clear that e-cigarette retail business shall not be engaged in and e-cigarette retail points shall not be set up. It is mentioned that e-cigarette sales through information network shall not be engaged in e-cigarette retail business;
Fifth, relevant provisions are made for special cases;
The sixth is to clarify the relevant definition, measurement standards, implementation date.
The following is the specific content of the Plan:
Shenzhen e-cigarette Retail Outlets Layout Plan (Draft)
In order to regulate the order of e-cigarette retail market and rationally allocate e-cigarette retail market resources, According to the administrative licensing law of the People's Republic of China "" minors of the People's Republic of China protects a law" the law of the People's Republic of China on tobacco monopoly, the law of the People's Republic of China on tobacco monopoly regulations on the implementation of the regulations on the shenzhen special economic zone on tobacco control "tobacco monopoly license management method" implementing rules for the tobacco monopoly license management approach "electronic smoke management method" and other laws The regulations, rules and normative documents shall be formulated in accordance with the actual conditions of this municipality.
Article 2 This plan applies to the layout and management of e-cigarette retail outlets within the administrative areas of this Municipality.
Article 3 E-cigarette retail points mentioned in this plan refer to the business places where citizens, legal persons or other organizations that have obtained the e-cigarette retail license engage in the retail business of e-cigarettes (including cigarette bombs, cigarette sets, cigarette bombs and cigarette sets).
Article 4 Shenzhen Tobacco Monopoly Administration is responsible for the layout planning of e-cigarette retail outlets in the city. Each district tobacco monopoly bureau is responsible for the specific implementation of e-cigarette retail outlets layout planning within its jurisdiction.
Article 5 The layout of e-cigarette retail outlets in This municipality shall follow the principles of law and regulations, respecting the market, quantity management, scientific planning, standard and orderly layout.
Article 6 Shenzhen Tobacco Monopoly Administration implemented quantity management on e-cigarette retail outlets to achieve balance between supply and demand in the e-cigarette market. According to the factors such as tobacco control, market capacity, population, level of economic development and consumption habits, the number of e-cigarette retail outlets in each administrative area of the city is set as a guideline. The guidance number is adjusted dynamically on a regular basis based on market demand, population change, the number of e-cigarette retail outlets, the number of applications, e-cigarette sales, operating costs and profits, etc.
Article 7 The number of e-cigarette retail outlets set up by the tobacco monopoly bureau of each district shall be limited to the guideline number, and the license for tobacco monopoly retail shall be approved and issued according to the sequence of the time of acceptance according to law. If the number of retail outlets reaches the upper limit of the guidance, no additional retail outlets will be added, and the application will be handled according to the principle of "one back, one forward" according to the order of applicants waiting in line.
The tobacco monopoly bureaux of each district regularly publicize the guiding number of e-cigarette retail outlets within their administrative areas, the number of established retail outlets, the number of additional retail outlets, and the waiting list in the government affairs service window.
Article 8 E-cigarette retail applies for "one store, one license". When a chain enterprise applies for e-cigarette retail license, each branch shall apply to the local tobacco Monopoly Administration separately.
Was nine because of sales of electronic cigarettes to minors or selling electronic cigarettes through information network (https://www.iwantalawyer.cn/) is the administrative punishment of less than three years, shall not be engaged in electronic cigarette retail business.
Those who have been subject to administrative punishment for less than three years for selling illegally produced e-cigarettes or failing to trade on the national unified e-cigarette Trade management platform as required are not allowed to engage in e-cigarette retail business.
Article 10 Those who have not been engaged in e-cigarette retail business for less than one year with dishonest behaviors such as false report materials.
Article 11 E-cigarette retail business shall not be engaged in under any of the following laws, regulations and rules or under any of the circumstances in which no license for tobacco monopoly retail is granted as stipulated by the State Tobacco Monopoly Administration:
(1) the applicant is a person without or with limited capacity for civil conduct;
(2) having been disqualified from engaging in tobacco monopoly business for less than three years;
(3) the applicant files the application again within one year after the Tobacco Monopoly Administration makes a decision of refusal to accept or grant permission because the applicant conceals relevant information or provides false materials;
(4) the applicant applies for the tobacco monopoly license again within three years after the license obtained by cheating, bribery or other improper means is revoked;
(5) operating the e-cigarette business without the tobacco monopoly retail license, and being penalized by the law enforcement organ more than twice within one year, and applying within three years;
(6) commercial enterprises with foreign investment (including Sino-foreign joint ventures, sino-foreign cooperative enterprises, wholly foreign-owned enterprises, enterprises invested in Hong Kong, Macao and Taiwan, etc.) or individual industrial and commercial businesses that do not meet the relevant provisions of the State;
(7) those who have been prosecuted for criminal responsibility for operating e-cigarette business without the tobacco monopoly retail license and have applied for it within three years;
(8) If the applicant has no fixed business place, including but not limited to mobile stalls (vehicles, sheds, cabinets), container houses, illegal buildings, temporary buildings or buildings to be demolished in urban planning;
(9) Where the business site of the applicant is not independent from the domicile, including but not limited to the living room, dining room, bedroom, balcony, basement, stairwell and storeroom of the domicile;
(10) concealing relevant information or providing false materials;
(11) The business site is not suitable for the operation of e-cigarettes due to safety factors, including but not limited to the main business of chemical industry, pesticide, paint, oil, natural gas and other places with inflammable and explosive substances or volatile toxic and harmful gases;
(12) The business premises are located inside kindergartens, primary and secondary schools or children's palaces, and the business premises are located around kindergartens, primary and secondary schools or children's palaces;
(13) using vending machines or other forms of vending to sell or sell e-cigarettes in disguised form;
(14) selling e-cigarettes through information networks;
(15) those located in party or government offices or hospitals;
(16) the business premises have obtained a license for tobacco monopoly retail which is still valid;
(17) Other circumstances in which permission is not granted.
No e-cigarette retail outlets shall be set up in the following places:
(1) business premises that can easily induce minors to pay attention to, buy and smoke e-cigarettes, including but not limited to stores of maternal and child products, stationery stores, toy stores and amusement venues;
(2) There is no direct or indirect complementary marketing relationship between the main business of the business site and e-cigarette retail business, Including but not limited to, communication equipment, electronic products, car maintenance, wujinjiaodian, medicine and health care, medical equipment, beauty manicure, health massage, decoration decoration, furniture sales, textile and garment, ritual supplies, logistics, express, recycling, repairs and replacement, the security guard room, studio, chess and card room, print shops, training institutions, service between the party and the masses, intermediaries, etc.;
(3) the business site exclusively deals in e-cigarette products on the market;
(4) failing to comply with laws and regulations and management regulations to change the house into a house for business use;
(5) it has not formed business sites for displaying and selling actual commodities such as grocery stores, convenience stores, supermarkets, shopping malls, tobacco and alcohol stores;
(6) Other places that do not conform to relevant laws, regulations, rules and normative documents.
Article 13 Any of the following situations shall not be restricted by Article 7 of this plan:
(1) The licensee of e-cigarette retail business applies for changing the business to another address within the jurisdiction of the original certificate-issuing authority because the business cannot be conducted at the approved business address due to objective reasons such as road planning and urban construction;
(2) Due to objective reasons, the business premises are located in kindergartens, primary and secondary schools, young people's offices and other restricted areas, and the licensee of e-cigarette retail business moves to the business premises voluntarily;
(3) Other circumstances stipulated by laws, regulations or policies.
Article 14 Shenzhen Tobacco Monopoly Administration shall be responsible for the supervision and administration of the implementation of this plan by the tobacco Monopoly Administration of each district.
Article 15 "above" and "inside" in this plan include this number.
Article 16 "Primary and secondary schools" in this plan refer to ordinary primary and secondary schools, special education schools, secondary vocational schools, special schools, etc.
The measurement standards around kindergartens, primary and secondary schools and children's palaces shall be implemented in accordance with the regulations on Smoking Control of Shenzhen Special Economic Zone and other laws and regulations.
Article 17 Shenzhen Tobacco Monopoly Administration is responsible for the interpretation of this plan.