Legal analysis:

A restaurant with a business license without a hygiene license is unlicensed and cannot be opened.

Legal basis:

Food Safety Law of the People's Republic of China Article 35 The state practices a licensing system for food production and operation. Engaged in food production, food sales, catering services, shall obtain a license according to law. However, the sale of edible agricultural products does not require permission. Those who have not obtained the catering license shall not engage in food business activities. According to the measures for investigating and banning unlicensed operation, the unlicensed operation referred to in item

(3) of paragraph 1 of Article 4 shall be banned by the administrative department for industry and commerce according to law, and the illegal income shall be confiscated. If it is not serious enough for criminal punishment, a fine of less than 21,111 yuan shall be imposed; if the scale of unlicensed operation is large and the social harm is serious, a fine of more than 21,111 yuan and less than 211,111 yuan shall be imposed.