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Provisions on Rational Distribution of Tobacco Products Retail Points in Bishan District of Chongqing Municipality
In order to strengthen the management of tobacco monopoly retail license, earnestly fulfill the obligation of tobacco control, protect the physical and mental health of minors, moderately meet the demand of tobacco consumption, avoid disorderly competition in the market, and safeguard the interests of the state and consumers, according to the Administrative Licensing Law of People's Republic of China (PRC), the Tobacco Monopoly Law of People's Republic of China (PRC) and its implementing regulations, the Measures for the Administration of Tobacco Monopoly License, the Detailed Rules for the Implementation of the Measures for the Administration of Tobacco Monopoly License, and the Regulations on the Control of Smoking in Public Places in Chongqing, I

1. Time for soliciting opinions: 7 working days (May 25, 2022 to June 2, 2022).

II. Ways for the public to obtain the full text of the Exposure Draft: See the annex for details.

3. Contact department and method: Monopoly Supervision and Management Section of Bishan Tobacco Monopoly Bureau, tel: 023-4 1422376.

4. Ways for the public to submit their opinions: they can be submitted by telephone or e-mail ((((673905330@qq.com) or directly to the Monopoly Supervision and Management Section of Bishan Tobacco Monopoly Bureau. If the public has any comments or suggestions, please leave your name and contact information for further contact.

It is hereby announced

Piece: Rational Layout Planning of Tobacco Products Retail Stores in Bishan District, Chongqing (Draft for Comment)

Chongqing bishanqu tobacco monopoly bureau

May 25(th), 2022

Bishan District of Chongqing

Rational layout planning of tobacco products retail outlets

(Draft for Comment)

Article 1 In order to strengthen the management of tobacco monopoly retail licenses, earnestly fulfill the obligations of tobacco control performance, protect the physical and mental health of minors, moderately meet the demand of tobacco consumption, avoid disorderly competition in the market, and safeguard the interests of the state and consumers, according to the Administrative Licensing Law of People's Republic of China (PRC), the Tobacco Monopoly Law of People's Republic of China (PRC) and its implementing regulations, the Measures for the Administration of Tobacco Monopoly Licenses, the Detailed Rules for the Implementation of the Measures for the Administration of Tobacco Monopoly Licenses and other laws and regulations.

Article 2 This plan is applicable to the layout management of tobacco products retail outlets within the administrative area of Bishan District, Chongqing.

Article 3 The Tobacco Monopoly Bureau of Bishan District of Chongqing Municipality shall follow the principles of administration according to law, scientific planning, serving the society and balanced development, and formulate a reasonable layout plan for tobacco products retail outlets within its administrative area according to factors such as population, traffic conditions, economic development level and consumption capacity.

Article 4 The retail outlets of tobacco products mentioned in this plan (hereinafter referred to as retail outlets) refer to the business places where citizens, legal persons and other organizations apply for tobacco monopoly retail licenses to engage in tobacco products retail business according to law.

Retail outlets should be set up in fixed business premises independent of the residence, open to the public, and in the business premises registered with the business license.

Article 5 The tobacco monopoly bureau of Bishan District adopts the mode of "capacity management+spacing adjustment" to adjust the retail outlets layout of each market unit under its jurisdiction.

Article 6 The distribution of retail outlets in the jurisdiction takes streets and towns as general market units, and relatively independent areas such as commercial districts, residential quarters, administrative villages, bazaars and transportation hubs as special market units.

Bishan District Tobacco Monopoly Bureau calculates the reasonable capacity of tobacco products retail outlets in each market unit under its jurisdiction according to the number of permanent residents, the certificate-holding rate of 1,000 people, the average sales amount per household, the profit level of retail outlets and related development plans.

Article 7 Market units whose existing valid licenses exceed the reasonable capacity of retail outlets are capacity saturated units, and those that do not exceed are capacity unsaturated units.

Article 8 The Bishan Tobacco Monopoly Bureau conducts a comprehensive evaluation every six months according to the regional development prospect, economic level, consumption capacity, cigarette consumption demand and other factors, and determines the number of newly-added licenses of unsaturated market units under its jurisdiction in the current period, and publishes it on the extranet (/) of Chongqing Tobacco Monopoly Bureau for a period of five working days. Applications submitted before the expiration date shall be handled according to the original capacity of the unit.

Article 9 The distance between retail outlets of general market units shall not be less than 100 meter.

Article 10 The establishment of retail outlets in the following specialized market units shall meet the capacity requirements of general market units and meet the following conditions:

(1) Retail outlets in rural administrative villages, such as rural natural settlements, newly-built settlements, rural residents' settlements along highways at or above the county level, and the location of the village committee's convenience service center, with a permanent population of 500 within 1000 meters and a retail outlet spacing of1000 meters;

(2) Set up retail outlets in the closed residential area according to the standards of 1000 households and 1 retail outlet. The total number of retail outlets in the same area shall not exceed 3, and the distance between retail outlets shall reach 100 m;

(3) In areas such as farmers' markets, commercial markets, specialized markets and comprehensive markets, retail outlets shall be set according to the standard of 100 households 1 retail outlet. 1 The total number of regional retail outlets shall not exceed 3, and the distance between retail outlets shall reach 100 m;

(4) For commercial complexes or other non-planar commercial areas, the distance between retail outlets should reach100m, calculated according to the distance of the nearest barrier-free elevator or corridor; On different floors, it is necessary to increase the height. Height refers to the standard height of the building, and the total number of retail outlets in a single area shall not exceed 2;

(five) high-speed railway station, railway stations, bus stations and other transportation hubs are relatively independent areas, the total number of retail outlets in a single area shall not exceed two, and the spacing between retail outlets shall reach 100 meters;

(6) There may be 1 retail outlets in the business district, tourist center and army side of the expressway service area;

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

(a) there is no fixed place of business;

(2) The business premises and domicile are not independent;

(three) there are security risks in the business premises, and they do not have safety precautions, which are not suitable for the business of cigarettes;

(four) the number of licenses exceeds the reasonable capacity of retail outlets in market units;

(5) Producing, selling, storing and transporting articles that are toxic and harmful and easy to cause cigarette pollution;

(six) the business premises have handled the tobacco monopoly retail license, and the license is within the validity period;

(7) Operating in the same business place as the main body of overseas capital market, without independent cashier, independent cashier system and independent cashier receipt, and without independent fund settlement conditions;

(eight) the use of vending machines (cabinets) or other automatic equipment;

(nine) the use of information network channels to sell cigarettes;

(ten) primary and secondary schools, kindergartens, children's welfare homes, children's palaces, youth activity centers and other public places with minors as the main activity groups and within 50 meters of their doors;

(eleven) areas that have been included in the government's demolition plan and the government explicitly prohibits the handling of tobacco monopoly retail licenses;

(twelve) areas where the government explicitly prohibits the operation of cigarette commodities;

(thirteen) does not comply with the relevant provisions of the administrative department of industry on cigarette business;

(14) Commercial buildings that have not formed actual commodity exhibition places such as grocery stores, convenience stores, supermarkets, shopping malls, tobacco and liquor stores and entertainment service places;

(fifteen) other places in the residential area except flat-topped fully open shops;

(sixteen) maternity stores, stationery stores, toy stores and other places that are easy to induce minors to pay attention to, buy or smoke tobacco products;

(17) its main businesses are communication equipment, electronic products, beauty nail-dressing, health massage, medicine and cosmetics, building materials decoration, hardware and electric materials, household appliances and furniture, financial securities, instruments and meters, gold and silver jewelry, repair and repair, photography, consulting services, distribution, clothing manufacturing and sales, intermediary services, consignment pawn, car rental, graphic printing and mechanized farm tools.

(eighteen) there are serious acts of dishonesty, in the disciplinary period;

(nineteen) other circumstances in which the tobacco monopoly license is not issued as stipulated by laws, regulations and rules.

Article 12 Under any of the following circumstances, it is not subject to the restriction of Item 4 of Article 11 of this Plan, nor is it subject to the restriction of retail outlets within the applicant:

(a) the original business address is located within 50 meters of the exit (entrance) of primary and secondary schools, child care institutions, children's welfare homes, children's palaces and youth activity centers, and the business address is changed voluntarily with the needs of work;

(two) supermarkets and shopping malls with a business area of 1000 square meters;

(3) Due to objective reasons such as road planning and urban construction. , unable to operate at the approved business address, and the holder applies to change to another address within the jurisdiction of the original issuing authority;

(four) operators who have obtained the qualification to sell crumpled cigarettes confiscated by Chongqing Tobacco Monopoly Bureau.

The sum of the business areas of several unconnected business premises exceeds 1 000 square meters, which does not belong to the situation specified in Item (2) of this Article.

Thirteenth in any of the following circumstances, the retail area will be relaxed by 20%:

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

(2) martyrs.

The provisions of this article only apply to natural persons whose market subject type is the business license of individual industrial and commercial households, and only the one-time relaxation policy can be applied within the jurisdiction of the whole city. The tobacco monopoly retail license is limited to the natural person himself. If the holder changes between family members and enterprise members, it must meet the requirements of the general applicant in the unit.

Article 14 As of the date of filing the application, the policy of relaxing the licensing conditions stipulated in Articles 12 and 13 of this scheme does not apply to the applicant under any of the following circumstances:

(a) within three years to provide false materials to defraud the administrative license;

(2) Having a record of dishonesty in obtaining administrative license by cheating, bribery or other improper means within three years;

(three) in violation of the provisions of article forty-fourth of the measures for the administration of tobacco monopoly licenses, the qualification of tobacco monopoly business has been cancelled for less than five years;

(four) in violation of the provisions of article forty-sixth of the measures for the administration of tobacco monopoly licenses, the tobacco monopoly license has been revoked for less than five years;

(five) the illegal act of tobacco has not been investigated and dealt with for less than one year within the specified time;

(6) Having been subjected to administrative punishment for tobacco violations for less than one year.

Article 15 The retail distance mentioned in this plan refers to the shortest walking distance between the business place (application point) to be engaged in the retail business of tobacco products and the nearest cigarette retail business place (reference point).

The distance between retail outlets should be calculated according to the shortest path of pedestrians who do not violate traffic regulations and habitually walk. The starting point and the ending point are the nearest retail outlets and the nearest side of the exit (entrance) of the application place respectively.

Where there are more than two outlets (entrances) in the business premises where the applicant applies for permission, each outlet (entrance) shall meet the spacing standard of retail outlets in the region.

Article 16 The term "above" and "within" as mentioned in this plan includes this number.

Seventeenth this plan shall be interpreted by Chongqing Bishan District Tobacco Monopoly Bureau.

Eighteenth this plan shall come into force as of the date of promulgation. 1 The Regulation on Rational Distribution of Tobacco Products Retail Points in Bishan District of Chongqing (No.[2021] of Bi Tobacco Bureau Law), which was implemented in August, was abolished at the same time.