In the streets and alleys of Beijing, some restaurants are rented to different migrant workers at different times. They operate different food and beverage services, such as: breakfast bun shop, lunch fast food, dinner barbecue, etc. This way of doing business can not only reduce economic costs, but also quickly put into operation. Experts pointed out that although this mode of operation reduces costs, it is likely to violate the relevant provisions of "one place, one certificate" and there are hidden dangers in food safety. Another market regulator said that this "time-sharing" operating model has the problem of difficulty in obtaining evidence in actual supervision.
At 2 a.m. on November 10, Zhao Ming and his wife, who specialize in breakfast at a restaurant in Beijing's Chaoyang district, have begun their day.
The couple, who come from rural Anhui province and have been working in Beijing for 20 years, now rent the "morning" access to a storefront.
From 1 a.m. to 11 a.m., the couple makes steamed buns and egg rice porridge for office workers; by noon, the shop will become a Sichuan restaurant with a steady stream of customers; and in the evening, the store will become a barbecue restaurant. Obviously, the three hours of morning, middle and evening of this store were contracted to different stores.
Is this way of doing business compliant? A reporter from the Workers' Daily conducted an interview and investigation.
Maximize store profits
This practice of "sharing time" stores is called "non-stop shops" by Zhao Ming. He told reporters: "In this way, the landlord of the rental shop makes more money." The reporter learned and found that this kind of shared store business model is not uncommon in Beijing. Breakfast rental is the most common, because some stores specialize in hot pot, stir-fry, the morning time shop can not be effectively used, it is better to subleass to others, so that the store is fully used, so as to maximize the benefits.
Although these breakfast restaurants are not uncommon, they are rarely found on online platforms. Open life platforms such as Dianping, which are generally not displayed in time-sharing breakfast shops. For example, although a seafood restaurant in Xicheng District rents out breakfast time, the public reviews only show the introduction and evaluation of this seafood restaurant, and only after reading the reviews will you find that the restaurant also has a breakfast business.
Many consumers do not care about the "time-sharing" operation of the store, and even if they know, they do not have too many questions. Most people think it's good to eat healthy and fresh. However, it is worth noting that some lawyers pointed out that there is a possibility that this situation violates the principle of "one place, one certificate" for food business licenses, resulting in a great increase in the hidden dangers of food safety problems.
Practitioners are unclear
When the reporter asked Zhao Ming about the principle of "one place, one certificate", Zhao Ming said that he was not clear. "In our Anhui village, most of us go out to make breakfast, as long as we are healthy and delicious." He told reporters that the current storefront is rented through an intermediary known by relatives, and the rent is 14,000 yuan per month.
Zhao Ming told reporters that the main reason for the "time-sharing" lease is the low cost, "the people who make breakfast are all family, do not need to invite employees, handle other related procedures, etc." "Another reason is relative freedom, no bondage. Mr. and Mrs. Zhao Ming are now in their early 50s, and until now they have been in the breakfast business in preparation for their son's marriage. "When he marries his daughter-in-law, he won't do it." Zhao Ming smiled and told reporters.
The reporter's investigation found that the "time-sharing" leasing route is very simple, as long as the Internet opens the life service platform, searching for "street shop leasing" will have many contact information, dial the phone to tell the intermediary that they need "time-sharing" leasing, and soon they can choose the store they want.
The reporter contacted a storefront near Wangjing on the grounds of leasing, and the owner made it clear that he could rent it "in time". When the reporter asked about the principle of "one place, one certificate", the landlord told the reporter: "It is all a small business, as long as the food is healthy and fresh, no one will investigate." He also told reporters that he was legally licensed to operate in accordance with the law, as long as it was in this food category, he could operate under this food category, and he had never encountered an investigation in his "time-sharing" lease for nearly 10 years.
The relevant regulations need to be improved
In view of the above situation, the reporter contacted Mr. Xia Sunming, a senior partner of Beijing Yunjia Law Firm, who said that first of all, Article 35 of China's Food Safety Law stipulates that the state implements a licensing system for food production and operation. Those engaged in food production, food sales, and catering services shall obtain permits in accordance with law.
Secondly, Article 4 of the Measures for the Administration of Food Business Licenses stipulates that food business licenses implement the principle of "one place, one certificate", that is, food business operators engaged in food business activities in a business premises should obtain a food business license. If the operators engaged in the three-meal business "share" the same and inseparable business premises, or even "share" the same business license, it violates the principle of "one place, one certificate" for food production and operation.
According to the above two provisions, the operator of this kind of "time-sharing" lease has violated the principle of "one place, one certificate" and faces the risk of administrative punishment.
Xia Sunming also pointed out that the principle of "one place, one certificate" aims to restrict the pre-procedure that business operators need to obtain administrative licenses in advance to engage in food business, and provide food business activities in fixed business premises. The purpose is to facilitate the management of business operators by market supervision entities, to facilitate operators to provide services to consumers, and to facilitate consumers to pursue responsibility in the event of food safety accidents.
In this regard, the staff of the Beijing Chaoyang District Market Supervision and Administration Bureau said that who registers the business license is responsible for the main responsibility, the registrant can authorize the operation under the independent power (subcontracting is also authorized), if the venue, venue, license are in line with the requirements, but the chef and the operator are replaced, it is not easy to define whether it violates the principle of "one place, one certificate" in law enforcement, otherwise, there must be conclusive evidence to prove that it has no authorization, no contract, and no ability to perform obligations. At the level of actual investigation and punishment, as long as there is no food safety problem in the small business of this kind of "time-sharing" lease, few people take the initiative to report it. There are even many practitioners who do not know that they have violated administrative regulations, and when problems occur, there is a problem of difficulty in obtaining evidence. Therefore, more publicity and education is needed for practitioners to let them know that their practices are at risk of violating administrative regulations.
In addition, the staff member also pointed out that the situation of "time-sharing" rental catering stores should be more detailed into the food safety regulations and made more perfect, because many migrant workers rely on this to make a living, society is constantly developing and progressing, and the law should be continuously improved to protect the rights and interests of more people.
Source: Workers Daily