this kind of regulation harms the legitimate rights and interests of consumers. The Law on the Protection of Consumers' Rights and Interests stipulates that operators shall not make unfair and unreasonable provisions to consumers by means of standard contracts, notices, statements, shop notices, etc., otherwise the provisions will be invalid. However, merchants require consumers to pay the minimum consumption, which infringes on consumers' right of independent choice and fair trade, and this provision should be invalid. In addition, the Rules of Price Behavior of Catering Repair Industry stipulates that operators should set prices based on cost plus legal taxes and reasonable profits, which should be consistent with quality and price, and consumers should not be forced to accept their prescribed prices. It can be seen that the minimum consumption requirement of operators is an act of forcing consumers to accept their prescribed prices, which is illegal.
The Ministry of Commerce issued the Measures for the Management of Catering Industry (Trial), which prohibits catering operators from setting minimum consumption; For catering operators in violation of these measures, laws, regulations and rules have provisions, the competent department of commerce may draw the relevant departments to be punished according to law; If there are no provisions, the competent commerce department shall order it to make corrections within a time limit, and if there are illegal gains, it may be fined less than 3 times of the illegal gains, but the maximum amount shall not exceed 31,111 yuan; If there is no illegal income, a fine of less than 1,111 yuan may be imposed; Those suspected of committing crimes shall be transferred to judicial organs for handling according to law. Implemented as of October 1, 2114.