Zhou Yongsheng Shubu Lamb Shop (Zhou Yongsheng) in Nankai District, Tianjin took the initiative to provide consumers with disposable tableware cases
By: Date: 2021-04-08 Categories: authoritativerelease Tags: ,
  Tianjin Municipal Market Supervision and Administration Commission

  Administrative penalty decision letter

   Jin City Supervisor Punishment [2021] No. 39
  Party:Zhou Yongsheng Lamb Meat Shop (Zhou Yongsheng) in Nankai District, Tianjin
  Name of the subject qualification certificate:Business license for individual industrial and commercial households
   Unified Social Credit Code (Registration Number):120104600266395
   Residence (Address):No. 221, Erma Road, Nankai District, Tianjin
   Operator:Zhou Yongsheng
   ID number:***
  Phone number:***
  Contact address:No.221 Erma Road, Nankai District, Tianjin
   On February 24, 2021, during a law enforcement inspection, law enforcement officers found that the client had taken the initiative to provide consumers with disposable tableware, and the client was directly served the”Notice of Order Correction” on the same day (Jin City Supervisor, Executive Responsibility Reform [2021] No. 6), order the parties to correct the illegal act of actively providing consumers with disposable tableware before March 1, 2021.
   On March 5, 2021, law enforcement officers re-examined the client and found that the client was still actively providing consumers with disposable tableware. The above-mentioned behaviors of the parties satisfy the constitutive requirements of the catering business’s initiative to provide consumers with disposable tableware.
  The above facts are mainly proved by the following evidence:
  1. Copy of business license and food business license of Zhou Yongsheng Lamb Meat Shop (Zhou Yongsheng) in Nankai District, Tianjin, copy of ID card of the operator, copy of ID card of the delegate, and power of attorney;
  2. On-site transcripts, inquiry transcripts, on-site inspection photos, notice of ordering correction, and delivery certificate;
  3. Correction report and photos after correction.
   On March 29, 2021, the law enforcement officers directly served the”Administrative Punishment Notice” (Jinshi Jianzhifanghui [2021] No. 36) to the party, and the party did not submit a statement or defense within the statutory time limit.
  The behavior of the parties violated Article 19, Paragraph 2 of the”Tianjin Municipal Domestic Waste Management Regulations”,”Catering operators shall set up frugal consumption signs in catering service establishments to remind consumers to order meals in appropriate quantities; they shall not actively provide to consumers”Disposable tableware” regulations.
   Discretionary facts and reasons:the parties cannot lenient or mitigate the circumstances of the administrative penalty, nor can they reinforce the circumstances of the administrative penalty. Comprehensive consideration shall be given to give an intermediate penalty.
   According to the first paragraph of Article 64 of the”Tianjin Municipal Domestic Waste Management Regulations”,”If a catering operator voluntarily provides consumers with disposable tableware in violation of the provisions of this Regulation, the market supervision department shall order corrections; if they refuse to make corrections , Impose a fine of not less than 500 yuan but not more than 5,000 yuan” and Article 23 of the”Administrative Punishment Law of the People’s Republic of China””When administrative agencies impose administrative penalties, they shall order the parties to correct or correct the illegal acts within a specified period of time”, order the parties to make corrections Actively provide consumers with disposable tableware illegal acts, and impose the following administrative penalties on the parties:1. A fine of 2,000 yuan.
  The party concerned shall pay the fine to Industrial and Commercial Bank of China Tianjin Branch, Agricultural Bank of China Tianjin Branch, Bank of China Tianjin Branch, China Construction Bank Tianjin Branch, China Everbright Bank Tianjin Branch, Bank of Tianjin, Tianjin Branch of Zheshang Bank and other branches of municipal finance designated non-tax revenue collection banks to public branches. If the fine is not paid within the time limit, in accordance with Article 51 (1) of the”Administrative Punishment Law of the People’s Republic of China”, an additional fine of 3%of the fine will be imposed every day, and an application will be applied to the people’s court for enforcement according to law .
  If you are not satisfied with this administrative penalty decision, you can apply to the State Administration of Market Supervision and Administration or the Tianjin Municipal People’s Government for administrative reconsideration within 60 days from the date of receipt of this decision, or you can apply to Tianjin Heping within six months according to law. The district people’s court filed an administrative lawsuit. During the period of applying for administrative reconsideration or initiating an administrative lawsuit, the original administrative penalty decision shall not be suspended.
  Tianjin Municipal Market Supervision and Administration Commission
   April 2, 2021
   (The market supervision and management department will publicize the administrative penalty decision information to the public in accordance with the law)