The core tip is whether consumers can bring their own drinks when eating out. Because there is no legal provision for this in China, it has been argued in Xi 'an and even the whole country for many years. Yesterday, after consultation with Xi 'an Hotel and Catering Association, Xi 'an Price Bureau, Municipal Consumers Association and other units, a preliminary agreement was reached: catering enterprises have the right to refuse consumers to bring their own drinks, and catering enterprises can charge a certain service fee if consumers insist on bringing their own drinks. Whether consumers can bring their own drinks to eat in restaurants, Xi' an has a new saying at present. Yesterday morning, Xi 'an Restaurant and Catering Association, together with Xi 'an Price Bureau, Municipal Consumers Association and more than 51 catering enterprises, held a "bring your own drinks" seminar. At the meeting, it was initially agreed that catering enterprises have the right to refuse consumers to bring their own drinks. If consumers insist on bringing their own drinks, catering enterprises can charge a certain service fee. It is reported that the relevant regulations will be promulgated in the first half of this year. At the seminar, some catering enterprises believed that the drinks brought by consumers harmed the interests of catering enterprises. At the same time, whether the drinks brought by consumers were safe and hygienic was also the focus of attention of catering enterprises. At the same time, many catering enterprises directly point the finger of refusing to bring their own drinks at the inflated price of drinks, thinking that some liquor dealers pursue short-term profits and provide catering enterprises with entrance fees, and some even directly provide corkage fees to waiters, which increases the price of drinks, making hotels unable to sell at normal prices and making most consumers unable to afford it. Lin Huaqin, president of Xi 'an Hotel and Catering Association, said that the state has no specific legal provisions on whether consumers can bring their own drinks to eat out. This problem has always plagued catering enterprises and consumers. There should be a provision on this long-standing controversial issue to safeguard the interests of both operators and consumers. At the meeting, the association formed preliminary opinions with Xi 'an Municipal Price Bureau, Municipal Consumers Association and other departments: catering enterprises have the right to refuse consumers to bring their own drinks, and they need to inform consumers in a conspicuous position; Consumers insist on bringing their own drinks, and catering enterprises have to charge a certain service fee. At the same time, Lin Huaqin said that the specific fees should be further discussed with consumers, enterprises and relevant departments. Mr. Zhou of Xi 'an Municipal Price Bureau who attended the meeting said that at present, the price of drinks deviates from the value, and the price of drinks in some restaurants is too high. Reducing the price of drinks is the fundamental solution to the problem. From the perspective of the price department, enterprises only need to clearly mark the price of drinks. President Lin Huaqin said: "This regulation will be introduced in the first half of this year. In the process of implementation, the fees charged by catering enterprises must be moderate, and they must never be higher than the price of the drinks themselves, and they are not allowed to engage in sky-high service fees. " There is still controversy about whether the prohibition of bringing drinks restricts the right to choose. Although the Xi 'an Hotel and Catering Association and the Xi 'an Consumers Association, the Municipal Price Bureau and other departments initially reached an agreement yesterday, the reporter found in an interview that there is still a big controversy in society about whether to refuse to bring drinks. According to incomplete statistics, at present, there are 1.2 million hotels in Shaanxi Province, including hotels and social catering, among which there are nearly 31 thousand small and medium-sized restaurants in Xi 'an, and the sales of drinks account for more than 21% of the sales of catering enterprises. The proponent should respect the operator's autonomy. Lawyer Li Ning of Shaanxi Lide Law Firm believes that there is no situation in which one party compels the other party by fraud or coercion in the hotel's refusal to bring drinks by consumers, so the relevant provisions of the contract law are not applicable. Whether or not consumers need drinks and what kind of drinks they need when they go to a restaurant is also their own choice and decision, and the hotel has not forced guests to buy them. Although hotel notices limit consumers' right to choose, they will not pose substantial harm to consumers' right to choose. Operators' right to operate independently should be respected. Lawyer Li believes that it is inappropriate for a guest to forcibly bring drinks and food outside the business scope of the hotel, which is to impose the will of the consumer on the hotel. Zhang Zhengyou, deputy secretary-general of the Provincial Consumers Association, believes that it is unfair to prohibit customers from bringing their own drinks in hotel restaurants, which limits consumers' choice. "Under normal circumstances, bringing your own drinks is only the behavior of a few people." He analyzed that the profit of the hotel is correct, drinks are not necessary, and consumers can choose independently. But the price of drinks in hotels is too high, sometimes more than twice as high. At the same time, if consumers bring their own drinks, the safety issue should be their own responsibility. He said that there is no explicit provision in national laws, and our nation used to have the habit of bringing wine to hotels to drink. Therefore, hotels should also be tolerant of the behavior of a few people. "This regulation of the hotel belongs to the overlord clause!" Wang Hong, director of Shaanxi Hongzhen Law Firm, believes that the key reason lies in the high price of hotel drinks. Whether the price of hotel drinks meets the price regulations and how much higher it should be compared with the market price should be the first problem to be solved. At the same time, the hotel is a foreign business, not choosing guests, but guests have the right to choose hotels. As a hotel, unilaterally making a notice of "refusing customers to bring their own drinks" obviously limits consumers' right to choose, which is an act imposed on consumers. It doesn't matter if big hotels refuse small restaurants. In October this year, this newspaper reported that more than ten hotels in Ankang had jointly banned consumers from bringing their own drinks, which caused widespread controversy. At present, how do catering enterprises in Xi 'an treat their own drinks? Yesterday afternoon, when the reporter visited some hotels and restaurants in Xi 'an, he found that most large-scale hotels and restaurants have such "industry practices", but small hotels and restaurants have no clear regulations on this, and consumers can bring their own drinks. The reporter's investigation found that in some large-scale hotels on East Street, there is a rule that "customers are not allowed to bring their own drinks", and there are generally clear notices at the entrance of the hotel or in a prominent position. According to Xiang Xiaoyu, manager of public relations and publicity department of a catering service company in Xi 'an, it is also an international and industry practice to refuse customers to bring their own drinks. Let customers bring their own drinks, the hotel has suffered a lot, and often encounters the situation of "eating the stomach of customers and smashing the brand of the hotel". Manager Xiang said that they have notices at the entrance of the hotel to remind consumers not to bring their own drinks, but they will charge a certain service fee for those who insist on bringing them. In some small hotels in Xi 'an or hotels with poor operating conditions, the reporter didn't see such regulations as "no drinks". In a hotel in Xiaonanmenli, when a reporter asked as a customer whether he could bring his own wine to dinner, the front desk attendant said that individual guests were not allowed, but a person in charge of the lobby told the reporter that if he could spend more than 411 yuan, he could still bring his own wine. Many small hotels and restaurants have no hard and fast rules, and customers can discuss with the store. With the consent of the store, they can bring their own drinks. Industry insiders want to pay the "entrance fee" before selling drinks. In general restaurants and entertainment places, many customers have great opinions about drinks that are much more expensive than supermarkets. According to industry sources, the main reason for the inflated price of drinks in these places is that the cost of drinks has soared due to various expenses such as the entrance fee, bottle opening fee and celebration fee. It is understood that at present, some wine dealers will pay about 21,111 yuan into the restaurant according to different drinks in order to promote sales. At the same time, every time a waiter sells a bottle of wine to a customer, he can withdraw a few cents from the bottle cap to 5 yuan, and some waiters can get 1,111 yuan just by opening a bottle. "These are all abnormal expenses. Many catering enterprises that don't have bottle opening fees are now difficult to recruit even waiters, which has caused confusion in the industry." Yang Zong of a hotel in Xi 'an said. "It has almost become a rule to pay the entrance fee for drinks when they enter the store." Mr. Wang, who has been engaged in wine distribution in Xi 'an for many years, expressed his difficulties. If these fees are not paid, the hotel will not recommend this brand of wine and the wine will not be sold. Especially on various holidays, many inexplicable expenses will also be shared among various dealers. Sometimes a brand has to pay several thousand yuan to ten thousand yuan to enter a hotel, and the large entertainment venues are even higher. "Paying the entrance fee is equivalent to only having an entrance permit. If you want to sell well in the hotel, you have to give the waiter a bottle opening fee." Mr. Wang said that if the waiter can try his best to recommend, the drinks can be sold. In general, the waiter who sells drinks will recycle the bottle caps and then exchange them with the wine dealer for cash. The average dealer will train two or three well-connected waiters in the hotel to sell their drinks. The well-selling waiters sometimes get a bottle opening fee every month, which is higher than their salary. It has become a "hidden rule" that it is difficult to change. "The wool is on the sheep, and finally the consumer has to pay the bill." Mr. Wang said that because of these expenses, the price of drinks in restaurants and entertainment places is sometimes much higher than that in supermarkets. In fact, dealers add all the expenses needed for these intermediate links to drinks. The price of drinks in supermarkets in 2 yuan may be RMB 11 at the hotel. "We are also disgusted with this distribution method, which is too much trouble. But this has become an industry' hidden rule'. " The sales departments of some large wineries in Xi 'an have made it clear that, under normal circumstances, when drinks leave the factory, the prices of all first-class wholesalers and supermarkets are uniform and stable, and the reasons for the inflated prices of hotels and entertainment places are mainly in the sales links, such as the entrance fee and bottle opening fee, which are bound to increase the sales cost, but in order to compete, they are unable to change the "hidden rules" of the catering industry. Our reporter Di Ruihong suggested that a hearing should be held first to collect the service fee. Consumers can bring their own drinks when dining, and catering enterprises will charge a certain service fee. Many citizens think that it is ok to pay the service fee, but how much should be charged should be held first. Mr. Lei, a citizen of Xi 'an, said that drinking and eating have an atmosphere, which is the tradition of China people. However, as a catering industry, it provides services to consumers and charges for everything, which deviates from the original intention of service. He is not in favor of charging consumers for their own drinks, because in some restaurants with high specifications, the price of food is already very high, and the service charge for drinks is added, which increases the burden on consumers. In this regard, many consumers agree with Mr. Lei's statement. Mr. Wu, a citizen, believes that it is not impossible to charge a service fee. As for how much the fee is charged, the charging standards of different grades of hotels should be different and should not be too high. He suggested that a price hearing should be held first to listen to the opinions of consumers, catering enterprises and wine distributors. This edition of the manuscript was written by our reporter Chen Jingtao except for the signature.