1, a combination of commercial and residential buildings
On the argument of whether residential buildings are allowed to open a restaurant, the first factor to consider is the type of building, if it is a purely residential building, even if there is a garage location on the first floor, but also does not allow a restaurant. However, compared to the combination of commercial and residential buildings, most of the location in the 1 ~ 3 floor are commercial areas, after meeting the basic commercial conditions, within the area allowed to open a restaurant.
2, smoke conditions
The next step is to determine the smoke exhaust facilities for commercial and residential buildings, if you meet the conditions of smoke can still open the restaurant, but do not meet the conditions, not allowed to open. According to China's Air Pollution Prevention and Control Law, Article 81, where the combination of buildings under the basis of direct contact with residential buildings in the commercial area, in the commercial location is not equipped with a special flue, and affects the surrounding neighboring commercial operations, it is not permitted to open a restaurant under these conditions.
3, planning factors
In the construction and development of the building will also take into account a variety of related factors, especially in the commercial area of the various facilities. When the commercial area for the installation of the smoke exhaust system, does not meet the premise of environmental technical specifications, but also does not allow the opening of restaurants. For example, in the relevant technical regulations, if the smoke is discharged through the exhaust pipe, because the location of the vent is close to the surrounding sensitive targets, only 20 meters away, the restaurant is not allowed to open.
Legal basis: "Technical Code for Environmental Protection of Catering Industry" Article 81 Catering service operators emitting oily smoke shall install oily smoke purification facilities and keep them in normal use, or take other oily smoke purification measures, so as to make the oily smoke discharge up to the standard and to prevent pollution of the normal living environment of the residents in the vicinity.
It is prohibited to build, reconstruct or expand new food and beverage service projects that produce oily smoke, odor and exhaust gas in residential buildings, commercial and residential complexes that are not equipped with a dedicated flue, and in commercial and residential complexes that have commercial floors adjacent to the residential floors.
No unit or individual shall barbecue food in the open air in areas prohibited by the local people's government or provide sites for barbecuing food in the open air.