first, does the property law stipulate that the bottom business can open a restaurant?
The shops downstairs in the house can't open restaurants.
1. mainly according to article 81 of the law of the people's Republic of China on the prevention and control of air pollution, it is forbidden to build, rebuild or expand catering service projects that produce oil smoke, odor and waste gas in residential buildings, commercial and residential buildings without special flues and commercial floors adjacent to residential floors in commercial and residential buildings.
2. Once the restaurant is opened, the lampblack and noise will inevitably affect the normal life of residents.
3. In 2111, the Technical Specification for Environmental Protection of Catering Industry issued by the Ministry of Environmental Protection stipulated that the distance between the exhaust outlet after oil fume purification and the surrounding sensitive targets should not be less than 21 meters. The horizontal distance between the unit boundary of newly-built catering industry and the boundary of environmentally sensitive targets should not be less than 9 meters. This is an industry standard, and catering service projects should follow this standard.
if you are going to buy a house with a bottom business, you must read clearly the relevant regulations of the developer on restricting the operational format of the bottom business.
for example, restaurants, KTV and other formats with oil smoke and noise pollution, as well as formats that affect the privacy and living space of community residents.
in case of disturbing the people in the operation of the bottom business, whether the residents of the community as neighbors can request the bottom business operators to stop the infringement according to the neighboring relationship.
If the shops downstairs affect people's lives, take legal weapons to protect their rights and interests. Because most shops are sold to small owners, the property is basically uncontrollable, so it is necessary to unite residents to complain to relevant departments, environmental protection, urban management and other departments.
2. Procedures for opening a hotel
Step 1: Industrial and commercial procedures that need to be handled. Newly established restaurants should go through the business registration at the local competent industrial and commercial bureau, and the industrial and commercial bureau will make a decision on whether to register or not to approve the registration within 31 days after the application.
A restaurant that applies for business registration should first apply for pre-approval of its store name. After approval, the Notice of Pre-examination of Enterprise Name should go to the registration authority's industrial and commercial bureau to receive the registration form for business registration. The main items of registration are: the name, domicile, business premises, legal representative, business nature, business scope, business mode, registered capital, number of employees, business premises area, business term and branches of the restaurant.
first, take the original and photocopy of your ID card to the local industrial and commercial office to register your name. Remember that this is just a name registration, and it is not time to apply for an industrial and commercial business license. Because before obtaining the industrial and commercial license, you must first apply to the environmental protection department and the health supervision office within your jurisdiction for the sewage discharge permit and health permit.
after the industrial and commercial registration is approved, the business license of legal person shall be issued to the enterprise as a legal person, and the business license shall be issued to the enterprise with legal person fee or the enterprise branch with independent accounting.
before obtaining the business license, it is not allowed to conduct business activities in the name of the restaurant, and the date of issuance of the business license is the date of establishment of the restaurant. The registration fee shall be paid in accordance with the regulations, accounting for 1.1% of the total registered capital.
The application for catering service license. Find the supervision department within the jurisdiction to apply for acceptance. The applicant shall fill in the Application Form for Catering Service License in duplicate, and provide accurate, authentic, legal and effective information. If the accepting department checks the contents of the Application for Catering Service License filled in by the applicant and the information provided by the responsible supervisor, it will register. In accordance with the provisions of laws, regulations, rules, normative documents, hygiene standards and hygiene requirements, the supervisor shall review the materials provided by the applicant and make a decision on whether to accept them within 3 working days. Those who meet the application qualifications and have complete information shall be accepted and on-site examination shall be conducted as required. After the on-site review, if it meets the requirements, the contractor supervisor will issue a Notice of Fees, register it in the Registration Form for the Issuance of Catering Service License, and after the approval of the competent leader, the applicant will go to the Food and Drug Administration to go through the relevant procedures for receiving the Catering Service License.
industrial and commercial business license: after obtaining the above two certificates, you can apply for an industrial and commercial business license at the industrial and commercial office with these two certificates and the corresponding house lease certificate and ID card.
in accordance with the provisions of the administrative department for industry and commerce, those who apply to engage in catering, food processing and sales industries shall issue certificates issued by the food hygiene supervision organs; If a helper or apprentice is invited, a contract signed with the helper or apprentice shall be submitted. Where personal health and life safety are involved, an insurance certificate shall also be issued.
step 2: apply for hygiene license. After receiving the business registration certificate from the industrial and commercial bureau, you should first apply for a hygiene license at the competent health and epidemic prevention station where the restaurant is located, and the health and epidemic prevention station will send staff to the restaurant for inspection.
step 3: environmental protection approval. Environmental protection approval shall be handled by the local competent environmental protection bureau, and the main approval items are: noise and sewage discharge. Restaurant operators should provide the restaurant location plan, and mark the surrounding environment and the nature of the use of adjacent buildings, and the competent environmental protection bureau will send personnel to conduct on-the-spot inspection.
after passing the inspection, the competent environmental protection bureau will sign "consent to start business" in the column of "opinions of relevant departments" on the application for business registration, and affix the official seal.
Step 4: Other related procedures
(1) Industry management registration: go to the local catering industry management office. Including the grading of food and beverage outlets.
(2) price audit: go to the local price bureau. Including the gross profit rate of price tag, menu, dishes, etc.
(3) Handling liquor business license: Go to the industrial and commercial department.
(4) examination and approval of city appearance management: facade decoration, especially outdoor facilities such as lights, signboards and advertisements. Temporary buildings or facilities. It must be approved by the Planning Bureau.
(5) seal engraving: with the business license and the letter of introduction from the industrial and commercial bureau, the special seal for the contract shall be engraved at the seal designated by the local public security bureau. After the engraving, the stamp shall be reserved at the industrial and commercial bureau, and the names of the legal representative and the financial officer of the restaurant shall be engraved
(6) Tax registration: within 31 days of obtaining the business license, the tax registration shall be filed with the tax bureau.
(7) bank account opening: for transfer and settlement. Bring the original business license, ID card and financial seal, and deposit 111 yuan in the account after approval. Generally speaking, only one account can be opened, but multiple accounts can be opened in different banks. Generally speaking, the account opened by the first one is the "basic account", and generally only the "basic account" can get loans.
third, is the owner responsible for the loss of dining property in restaurants
Article 7 of China's Consumer Protection Law stipulates that consumers have the right to protect their personal and property safety when purchasing, using goods and receiving services. Consumers have the right to demand that the goods and services provided by business operators meet the requirements of personal and property safety, that is to say, business operators have the obligation to protect the personal and property safety of consumers when providing goods and services to consumers. However, this does not mean that any operator must unconditionally undertake the obligation to keep the goods carried by customers.
In general, the law or relevant regulations do not clearly stipulate that hotels will keep property for customers, and the staff members are not obliged to keep property for customers when they eat. In fact, the belongings carried by customers are within their sight, so it is human nature to take care of their belongings, which is also a common practice for hotels.
Therefore, the hotel has neither violated its legal obligations nor violated its contractual obligations. At the same time, the hotel marked "Please pay attention to the belongings carried by customers, if they are lost, the hotel will not be responsible" in many places on the wall of the hotel. Obviously, the hotel has fulfilled its obligation of reminding and there is no fault.
Legal basis:
Law of the People's Republic of China on the Prevention and Control of Air Pollution
Article 81 A catering service operator who discharges oil fume shall install oil fume purification facilities and keep them in normal use, or take other oil fume purification measures to make the oil fume discharge up to the standard and prevent pollution to the normal living environment of nearby residents.
it is forbidden to build, rebuild or expand catering service projects that generate oil smoke, odor and waste gas in residential buildings, commercial and residential complex buildings without special flue and commercial floors adjacent to residential floors in commercial and residential complex buildings.
no unit or individual is allowed to barbecue food in the open air in the area prohibited by the local people's government or provide a venue for barbecue food in the open air.