April 1st April Fool's Day is coming, and your beloved Zhang Ji eel noodles are also closed.
Yes, this is not a joke, on March 31, the noodle restaurant, which netizens jokingly called Chengdu's "Hermes in Noodles", opened on its last day. Talking about the reasons for the closure, the boss Zhang Chengling admitted that our noodle shop was opened in a residential building and needed to be relocated due to non-compliance.
In recent years, the ground floor has become a restaurant, and the phenomenon of "living to changing business" in the community has appeared frequently. In the past two years, the Chengdu Catering Industry Complaint Workstation has received a number of complaints about pollution caused by restaurants in residential buildings, including fumes, noise, and wastewater. In the industry's view, the residential reform business has caused regulatory difficulties and increased the difficulty of consumer rights protection.
Residents reported that Zhang Ji's eel noodles were closed
From the early 154 food bus line on Ying Hua Si Street to a residential building near Dong'an South Road in 2014, a bowl of spicy and fragrant eel noodles has become a delicacy chased by many diners.
The reporter learned that Zhang Ji Eel Noodles was founded by Zhang Yuancheng and opened in Chengdu for more than ten years, and is a famous "fly restaurant". Because the price of noodles is more expensive, a bowl of eel noodles costs 38 yuan, matsutake stewed chicken noodles cost 85 yuan, and is called "Hermes in noodles" by netizens.
March 31 was the last day of business for Zhang Ji Eel Noodles. Talking about the reasons for closing the store, the boss Zhang Chengling told reporters, "My wife and I are unemployed, and at that time, we filed a case in the office and opened a family workshop according to the flexible reemployment of the unemployed. However, because it is in a residential building, it is impossible to obtain a business license. ”
"Recently, the relevant departments have received reports from residents, and I have also explained the situation." Zhang Chengling said frankly, "For the sake of community harmony, we do not do nail households, so we plan to close the door and relocate, and find a compliant shop nearby." ”
Industry view: Housing reform businesses have caused regulatory difficulties
Zhang Ji's eel noodles are only a case of residential reform in the community. According to the news from the Chengdu Catering Industry Complaint Workstation, in 2015 and 2016, a number of complaints were received about pollution caused by restaurants opened in residential buildings, including oil smoke, noise, and wastewater.
"Due to the historical reasons for the development of the catering industry, many catering business sites are not only close to the neighbors' houses, but even located in residential buildings, and there are a certain number." Yuan Xiaoran, secretary general of the Chengdu Restaurant Association, said, "On the one hand, this has brought pollution such as oil smoke, noise and waste water to the community; on the other hand, it has also caused inconvenience to the use of public facilities such as elevators and corridors." ”
Yuan Xiaoran said bluntly that from the perspective of the industry, such residential reform businesses are not recognized. "Because it is difficult for such restaurants to apply for business licenses, operating without a license will bring many risks such as food safety, and the rights and interests of consumers are not guaranteed, which also increases the difficulty of rights protection." Therefore, we resolutely support the relevant departments to investigate and punish and ban such restaurants that operate illegally in accordance with the law. ”
However, Yuan Xiaoran also pointed out that here for one of the "distinctive, with a certain degree of business ability of private dishes" hope to find a suitable for their own business characteristics of the storefront, legal operation. This is not only conducive to the development of the catering unit itself, but also helps to standardize the business behavior of the catering industry.
Lawyer's opinion: The residential reform business needs to review and agree
For opening restaurants in residential buildings, Jiang Bo, a lawyer at Sichuan Xuxing Law Firm, said that this mainly depends on the nature of the house. "If it is a residence, it needs to be agreed by a majority of owners. Conversely, if it is commercial, it does not require the consent of the owner's stakeholders. "Article 77 of the Property Law stipulates that if the owner changes the dwelling into a commercial building, in addition to complying with laws, regulations and management regulations, it shall obtain the consent of the interested owner.
At the same time, Article 83 of the Property Law stipulates that the owners' meeting and the owners' committee have the right to require the perpetrator to stop the infringement, eliminate the danger, eliminate the obstruction and compensate for the losses in accordance with laws, regulations and management regulations for acts that harm the legitimate rights and interests of others such as arbitrarily disposing of garbage, discharging pollutants or noise, building in violation of regulations, encroaching on passages, etc. Owners may file a lawsuit with the people's court in accordance with law for acts that infringe on their legitimate rights and interests.
West China Metropolis Daily - Cover News Reporter Bai Lan Photojournalist Liu Chenping