Before catering is prohibited, the environmental protection department shall order the residential places to take preventive measures within a time limit. According to the law, it is forbidden to build, rebuild or expand catering services that produce oil smoke, odor and waste gas in residential buildings, commercial buildings without special flues and commercial floors adjacent to residential floors in commercial buildings.

The catering license processing process is as follows:

1. Bring the decoration drawings to the Food and Drug Administration for approval;

2. Carry out on-site decoration after approval;

3. Conduct environmental assessment after the transformation, issue an environmental assessment report and report it to the Food and Drug Administration for the record;

4. Check the industrial and commercial names;

5. Apply for a catering service license;

6./kloc-give a reply within 0/5 working days, pass the examination and issue a catering service license;

7. After the license is issued, the Chamber of Commerce and Industry will issue a business license.

In a word, you can't open a restaurant in the shop below the house. The exercise of rights by owners shall not endanger the safety of houses or damage the legitimate rights and interests of other owners. To change the use of the house to open a restaurant, it shall be unanimously agreed by the interested owners, and at the same time, it shall be declared and registered according to law.

Legal basis:

Article 58 of the Law of People's Republic of China (PRC) on the Prevention and Control of Air Pollution.

Residential buildings in urban built-up areas, commercial and residential complex buildings without special flues, and commercial floors adjacent to residential floors in commercial and residential complex buildings are prohibited from building, rebuilding or expanding catering, bathing and other service and business premises that produce oil smoke and thermal pollution.

Eighty-first catering service operators who discharge lampblack shall install lampblack purification facilities and keep them in normal use, or take other lampblack purification measures to discharge lampblack up to the standard to prevent pollution to the normal living environment of nearby residents.

Article 9 of the Measures for the Administration of Food Business License

To apply for a Food Circulation Permit, it shall meet the food safety standards and meet the following requirements:

(a) with food raw material processing, food processing, packaging, storage and other places. Adapting to the variety and quantity of food handled, keeping the environment of the place clean and tidy, and keeping a prescribed distance from toxic and harmful places and other pollution sources;

(2) It has equipment or facilities suitable for the variety and quantity of food it deals in, and has corresponding equipment or facilities such as disinfection, dressing, washing, lighting, ventilation, anti-corrosion, dust prevention, fly prevention, rodent prevention, insect prevention, washing, wastewater treatment and garbage storage;

(3) Having professional and technical personnel and management personnel for food safety and rules and regulations for ensuring food safety;

(4) The equipment layout and technological process are reasonable, so as to prevent the food to be processed from cross-contamination with directly imported food, raw materials and finished products, and to prevent the food from contacting with toxic and unclean substances.