According to Article 24 of the Consumer Law, business operators shall not make unfair and unreasonable provisions to consumers by means of standard contracts, notices, statements, store notices, etc.

Article 11 of the Consumer Law stipulates that consumers have the right to fair trade and have the right to refuse the compulsory trading behavior of business operators.

Article 9 of the Consumer Law stipulates that consumers have the right to independently choose the operators who provide goods or services, freely choose the types of goods or services, and decide whether to buy any goods or not, and accept or not accept any services.

whether to bring your own drinks into a restaurant or not is the right of consumers, and operators may not restrict it. Restaurants and restaurants independently agree to ban drinks, which limits consumers' right to choose consumption, and it is also an additional and mandatory service mode.

The following is a report

A bottle of beer with a price of 89 yuan is sold for more than 31 yuan, questioning the bar's "prohibition of bringing drinks"

China Wine Network (June 4, 2114)

"Is it illegal to refuse to bring your own drinks?" In the past few days, the reporter visited some entertainment places in Changsha and found that "refusing to bring your own drinks" was considered by the operators as "a recognized rule", and the information from the Consumer Council and the price department also showed that it was generally unacceptable to the public. This behavior may not be illegal.

Refuse to bring more than "drinks"

According to the reporter's observation, almost all KTV and discos, the most popular entertainment places in Changsha, have made it clear that they refuse to bring their own drinks.

The reporter learned from the conversation with the service staff that this rule is not completely "accommodating". There is a self-operated supermarket in the "starlight" discount KTV. The "Diamond Cashier" Audio-visual KTV said that there is a service charge for bringing your own drinks.

It's worth noting that it is suspected that these entertainment venues are forbidden to bring their own items far beyond the scope of "drinks". It is reported that snacks, snacks and other foods are among the "declined", and only birthday cakes enjoy the privileges they can bring.

merchants have the right to "decline" and consumers have the right to "choose"

according to the introduction of relevant departments, under the current legal system in China, the laws related to entertainment business activities mainly include the Consumer Protection Law (hereinafter referred to as the Consumer Law) and the Price Law.

"The main reason why people from all walks of life object to' refusing to bring their own drinks' is the Consumer Law." Mr. Deng, a legal person, believes that according to the provisions of Articles 9 and 24 of the Law, whether to bring their own drinks into restaurants for consumption is the right of consumers, and operators may not restrict it. "Therefore, from the perspective of protecting consumers' rights and interests, this is undoubtedly an additional and mandatory service method, which deprives consumers of the right to choose and decide."

However, the reporter also learned that, according to the relevant provisions of the Price Law, as long as the operators mark the commodity prices, service charging methods and additional trading conditions to consumers in a striking way, they will essentially meet the requirement of "clearly marking the price". From this point of view, if consumers are explicitly told in advance that "bringing their own drinks is prohibited", the operators have not violated the Price Law.

The focus of questioning is "profiteering"

Although "refusing to bring your own drinks" has certain legitimacy, consumers generally think that its existence is unreasonable, and the relevant person in charge of the Provincial Consumer Council also said that this issue is "difficult to comment on". The reporter interviewed Mr. Lin, an insider. He analyzed that the real source of controversy lies in the profit space of the entertainment industry. "

According to the reporter's investigation, the price of drinks in major entertainment places in Changsha is generally more than twice as high as the market price. Take a bottle of "Corona" beer as an example. The price in the supermarket is about 8 to 9 yuan, but the price in a self-operated KTV supermarket is 15 yuan. If you go to a dance club for consumption, you need to pay a dozen (6 bottles) high price in 211 yuan. In the trend of box prices falling, it is said that the profit of drinks accounts for 31% to 51% of the total operating profit.

It is understood that "no bringing your own drinks" is an international business practice in the catering and entertainment industry. However, relevant experts have pointed out that "the implementation of this convention must be based on a reasonable price system and a mature market economy system, which are not available in China at present." Mr. Deng, a legal person, also believes that it is very necessary and urgent for government departments such as industry and commerce and prices to effectively control the market price order.