According to Article 44 and Item 4 of Article 56 of the Law on Prevention and Control of Air Pollution in People's Republic of China (PRC), urban catering service operators must take measures to prevent and control the pollution of oil fume to the living environment of nearby residents. Offenders shall be ordered by the competent administrative department of environmental protection of the local people's government at or above the county level or other departments exercising supervision and management according to law to stop the illegal act, make corrections within a time limit, and may be fined up to 50,000 yuan. Whether it causes pollution can be judged by whether an oil fume purification device is installed and whether the oil fume discharge conforms to the Oil Fume Discharge Standard. It can be seen that the competent department of lampblack pollution should be the environmental protection department.

At the same time, the specific situation should also be analyzed in detail. If the hotel does not have an industrial and commercial business license at all, it belongs to unlicensed operation, and the industrial and commercial department should ban it first, so as to deal with it quickly. See Article 4 of the Measures for Investigating and Banning Unlicensed Business for specific terms.

According to the above two legal provisions, it can be seen that if it is unlicensed, both departments should accept complaints, and whoever does not accept it is administrative inaction. According to the State Council's Regulations on Letters and Visits, which department does not accept written documents of inadmissibility, then administrative reconsideration or litigation can be done. If it is a certified hotel, it must be handled by the environmental protection department.