Whoever resells cigarettes without a business license shall constitute a crime of illegal business operation. Whoever commits this crime, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than one time but not more than five times the illegal gains; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than one time but not more than five times the illegal gains or be sentenced to confiscation of property.
 Legal basis
 Article 225 of the Criminal Law of the People's Republic of China [Crime of illegal business operation] Whoever, in violation of State regulations, commits one of the following illegal business operations and disturbs market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than one time but not more than five times the illegal gains; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than one time but not more than five times the illegal gains or be sentenced to confiscation of property:
 （1） Operating, without permission, goods that are monopolized or sold as prescribed by laws and administrative regulations or other goods that are restricted from trading;
 （2） Buying and selling import and export licenses, import and export certificates of origin, and business licenses or approval documents as required by other laws and administrative regulations;
 （3） Illegal operation of securities, futures and insurance business without approval of the relevant competent department of the State, or illegal operation of fund payment and settlement business;
 （4） Other illegal business activities that seriously disrupt the market order.