Article 10 of the Consumer Law stipulates that consumers enjoy the right to fair trade and have the right to refuse the compulsory trading behavior of operators.
Article 9 of the Consumer Law stipulates that consumers have the right to independently choose the operator who provides goods or services, to freely choose the varieties of goods or the mode of service, and to independently decide whether to purchase or not to purchase any one kind of goods, and to accept or not to accept any one kind of service.
Whether to bring their own alcohol into the restaurant, restaurant consumption is the right of consumers, operators shall not be restricted. Restaurants, restaurants agreed on their own to prohibit the bringing of alcohol, so that the consumer's right to choose to consume is limited, and this is an additional and with the mandatory way of service.
The following is a report
Eight or nine yuan a bottle of beer sells for more than 30, questioning the bar "ban on bringing alcohol"
China Wine ( 2004-6-14)
"Refuse to bring their own alcohol is illegal?" Over the past few days, the reporter visited a number of entertainment venues in Changsha and found that "refusing to bring your own alcohol" is considered by the operators as a "commonly recognized rule of the trade", while information from the Consumer Council and the pricing department also shows that this behavior, which is generally not accepted by the general public, may not be illegal. The government's response has been very positive," he said.
Thanks for bringing more than just "drinks"
According to the reporter's observation, in various KTVs and discos, which are currently the most popular entertainment venues in Changsha, almost all of them have expressly stated that they "thank you for bringing your own drinks". "
The reporter observed that in all KTVs and discos, which are currently the most popular entertainment venues in Changsha, almost all of them have made it clear that they do not want to bring their own drinks.
Reporters in conversation with the service staff learned that this provision is not completely unable to "accommodation". "Starlight" KTV volume trafficking KTV with its own supermarket. "Diamond Chambers" audio-visual song city said, bring your own drinks need to add a service charge.
It is worth noting that these entertainment venues are prohibited to bring their own items far beyond the scope of the "liquor" suspected. It is reported that snacks, snacks and other food are in the "thank you" list, only the birthday cake to enjoy the privilege of bringing their own.
Businesses have the right to "decline", consumers have the right to "choose"
According to the relevant departments, in China's current legal system, and entertainment business behavior related laws are mainly "Consumer Protection Law" (hereinafter referred to as "Consumer Law") and "Consumer Protection Law" (hereinafter referred to as "Consumer Law"), and "Consumer Law" (hereinafter referred to as "Consumer Law"). Consumer Law) and the Price Law, among others.
"The main basis for the community's objection to 'refusing to bring your own drinks' is the Consumer Law," said Mr. Deng, a member of the legal profession, who believes that according to articles 9 and 24 of the law, it is the consumer's right to decide whether or not to bring his own drinks into the restaurant for consumption, and the Operators are not allowed to impose restrictions. "Therefore from the protection of consumer rights and interests to understand, this is undoubtedly an additional and mandatory way of service, is to deprive consumers of the right to choose and the right to decide."
However, the reporter also learned that, in accordance with the relevant provisions of the "Price Law", as long as the operator will be the price of goods, services, charges and additional transaction conditions, etc., in the place of business in a sufficiently conspicuous manner to the consumer for the marking of the essence of the "price" requirements. From this point of view, if the consumer is clearly informed in advance that "it is prohibited to bring their own drinks", the operator did not violate the "Price Law".
Questioned the focus of the "profiteering"
Despite the "refusal to bring their own drinks" has a certain degree of legitimacy, but the consumer public generally believe that its existence is very irrational, the provincial Consumer Affairs Commission responsible person also said that this problem "It is not good to comment". The reporter interviewed Mr. Lin, an industry insider. He analyzed that the real root cause of the controversy lies in the profit margin of the entertainment industry".
According to the reporter's investigation, the price of drinks in Changsha's major entertainment venues is generally more than double the market price. To a bottle of "Corona" beer, for example, the supermarket selling price of about 8 to 9 yuan, a hawker KTV own supermarket price is 15 yuan, if you go to a hot dance consumption, you need to pay 200 yuan for a dozen (6 bottles) of the high price. And in the box prices continue to go down the trend, allegedly liquor profits to account for 30 to 50 percent of the total operating profit.
It is understood that the "ban on bringing your own alcohol" is an international business practice in the catering and entertainment industry. But experts have pointed out that "the implementation of this practice must be a reasonable price system and a mature market economic system as a necessary condition, and these two points are not currently available in China." Mr. Deng, a member of the legal profession, also believes that the industry and commerce, prices and other government authorities to effectively control the market price order is very necessary and urgent.