Subjectivity of law:

Whether it is legal for restaurants to set minimum consumption damages the legitimate rights and interests of consumers. The Law on the Protection of Consumers' Rights and Interests stipulates that operators shall not make unfair and unreasonable provisions to consumers by means of standard contracts, notices, statements, shop notices, etc., otherwise the provisions will be invalid. However, merchants require consumers to pay the minimum consumption, which infringes on consumers' right of independent choice and fair trade, and this provision should be invalid. In addition, the Rules of Price Behavior of Catering Repair Industry stipulates that operators should set prices based on cost plus legal taxes and reasonable profits, which should be consistent with quality and price, and consumers should not be forced to accept their prescribed prices. It can be seen that the minimum consumption requirement of operators is an act of forcing consumers to accept their prescribed prices, which is illegal. The Ministry of Commerce issued the Measures for the Management of Catering Industry (for Trial Implementation), prohibiting catering operators from setting minimum consumption; For catering operators in violation of these measures, laws, regulations and rules have provisions, the competent department of commerce may draw the relevant departments to be punished according to law; If there are no provisions, the competent commerce department shall order it to make corrections within a time limit, and if there are illegal gains, it may be fined less than 3 times of the illegal gains, but the maximum amount shall not exceed 31,111 yuan; If there is no illegal income, a fine of less than 1,111 yuan may be imposed; Those suspected of committing crimes shall be transferred to judicial organs for handling according to law. Implemented as of October 1, 2114. The full text of the measures is as follows: Measures for the management of catering industry (for Trial Implementation) Article 1 These measures are formulated in accordance with relevant national laws and regulations in order to standardize the business activities of catering services, guide and promote the healthy and orderly development of the catering industry, and safeguard the legitimate rights and interests of consumers and operators. Article 2 These Measures shall apply to catering business activities within the territory of the People's Republic of China. The term "catering business activities" as mentioned in these Measures refers to the business behavior of providing food and consumption places and facilities to consumers through instant processing and production of finished or semi-finished products, commercial sales and service labor. Article 3 The Ministry of Commerce is responsible for the management of the catering industry throughout the country, formulating industry plans, policies and standards, conducting industry statistics and standardizing industry order. The competent commercial departments of local people's governments at all levels shall be responsible for the management of the catering industry within their respective administrative areas. Article 4 The state encourages catering operators to develop popular catering such as special catering, fast food, breakfast, group meals and food delivery, provide standardized dishes, facilitate consumers to flavor independently, develop optional packages and provide small portions of dishes. Article 5 Catering trade associations shall, in accordance with the provisions of relevant laws, regulations and rules, give play to the role of self-discipline, guidance and service, promote the popularization and implementation of catering industry standards, and guide enterprises to do a good job in energy conservation, emission reduction, resource conservation and comprehensive utilization. Catering trade associations should guide catering operators to save resources and oppose waste by formulating trade conventions. Article 6 Catering operators shall engage in business activities in strict accordance with the relevant provisions of laws, regulations and rules, establish and improve various systems, and actively implement national and industrial standards on business management, products and services. Seventh catering operators should do a good job in energy conservation and emission reduction, resource conservation and comprehensive utilization. Catering operators shall establish a thrifty consumption reminder system, and post a thrifty logo in a conspicuous position, and implement the standards of thrifty and civilized dining. Eighth catering operators should guide consumers to order food in moderation before meals, take the initiative to help package after meals, and give praise and rewards to consumers who save meals. Ninth catering operators shall not sell food that does not meet the national product quality and food safety mandatory standards. Tenth catering operators are not allowed to dispose of kitchen waste at will, and should be recycled by qualified enterprises according to regulations. Eleventh catering operators to sell food or provide services, in accordance with the relevant provisions formulated by the competent price department of the State Council. Twelfth catering operators are prohibited from setting minimum consumption. Thirteenth catering operators to provide delivery services, should establish and improve the corresponding service process, and clearly provide delivery service time, delivery scope and charging standards; According to consumers' orders and food safety requirements, select appropriate means of transportation and equipment, deliver them to consumers on time, in quality and quantity, and provide corresponding documents. Fourteenth catering operators to carry out promotional activities, it should be clear that the promotional content, including promotional reasons, promotional methods, promotional rules, promotional period, the scope of promotional goods, as well as related restrictive conditions. Catering operators should make good preparations for raw material reserves and services before the start of promotional activities, and fulfill relevant obligations in accordance with their commitments. During the promotion activities, catering operators shall not deliberately delay the provision of related goods or services, and shall not reduce the quality or service level of goods in any form. Fifteenth catering operators should establish and improve the customer complaint system, clear the specific departments or personnel to accept and handle consumer complaints. The complainant shall be informed of the acceptance, transfer and handling results of the complaint. Sixteenth catering operators should establish and improve the emergency plan and response mechanism, clarify the division of responsibilities and implement responsibilities. When an emergency occurs, it shall immediately start the emergency handling procedures and report the incident and handling results to the relevant government departments in a timely manner. Article 17 The local commerce authorities at or above the county level shall establish or entrust relevant institutions to establish credit records of business operators, their responsible persons and senior managers, and bring them into the national unified credit information platform, and disclose serious illegal and untrustworthy behaviors to the public according to law. Catering operators and their responsible persons and senior management personnel shall provide credit information related to catering operations in accordance with the requirements of the competent commercial department. The competent department of commerce shall summarize the acts and administrative penalties of catering operators in violation of these measures, establish archives of bad records, and announce them to the public. Eighteenth local commercial departments at or above the county level shall regularly carry out supervision and inspection of the catering industry to carry out anti-food waste related acts, and give corresponding rewards or penalties. Nineteenth local commercial departments at or above the county level shall regularly carry out statistical work of the catering industry within their respective administrative areas. Catering operators shall, in accordance with the requirements of the competent commercial authorities, submit relevant information in a timely and accurate manner. Twentieth commercial departments should establish and improve the reporting system, set up and publish the complaint telephone number. Any organization or individual has the right to report any violation of these measures to the competent commercial department. After receiving the report, the competent department of commerce shall make a decision within 21 working days if it falls within the scope of its duties; If it is not within the scope of duties, it shall be handed over to the relevant departments for legal treatment within 5 working days. In the process of handling, the competent commercial department shall keep confidential the relevant information of the informant. Twenty-first commerce, price and other competent departments shall, in accordance with laws, regulations, rules and relevant provisions, supervise and manage the business activities of the catering industry within their respective functions and duties. For catering operators in violation of these measures, laws, regulations and rules have provisions, the competent department of commerce may draw the relevant departments to be punished according to law; If there are no provisions, the competent commerce department shall order it to make corrections within a time limit, and if there are illegal gains, it may be fined less than 3 times of the illegal gains, but the maximum amount shall not exceed 31,111 yuan; If there is no illegal income, a fine of less than 1,111 yuan may be imposed; Those suspected of committing crimes shall be transferred to judicial organs for handling according to law. The competent departments of commerce and price shall, within 21 working days from the date of making the decision on administrative punishment, disclose the main contents of the decision on administrative punishment, but the contents of the decision on administrative punishment involving state secrets, commercial secrets and personal privacy shall not be disclosed according to law. Twenty-second commercial, price and other departments in charge of staff abuse of power in the supervision and management, favoritism, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Twenty-third provincial commerce departments may, in accordance with these measures, formulate relevant implementation measures in combination with the actual situation of the development of catering industry within their respective administrative areas. Article 24 These Measures shall be implemented as of October 1, 2114. The above is the arrangement of Xiaobian's answers to this question. If you have any questions, please come and consult.