The legal niceties of restaurant business in Russia
The activities of the restaurant, however, as all activities of the food industry, contains many pitfalls, a clash that is fraught with significant costs for the entrepreneur in the form of fines, claims, etc.
Before opening your business, you must be ready to cooperate with regulatory authorities. So before opening any food service establishments would need to notify the CPS about the beginning of your activities. The notification shall be approved by the Government on the form and routed to the appropriate territorial body of Rospotrebnadzor.
Also when opening a restaurant you need to verify the conformity of premises of different rules and regulations.
So the restaurant must comply with
A) fire safety Requirements.
B) Requirements for equipping premises.
C) Requirements for placement of public catering enterprises.
G) Requirements for water and sanitation.
D) Requirements for cleaning.
In particular fire safety requirements are regulated in two main documents:
A) the Technical regulations on fire safety requirements (Federal law of 22 July 2008 №123-FZ)
B) Rules of fire safety conditions (Decree of the RF Government of 25 April 2012 no 390).
Specific measures that should be made by the head of the organization for the observance of fire safety rules are contained in section 1 of the Rules of fire safety. Be aware that purchased fire-fighting equipment shall conform to the building type, and the types of activities undertaken. We should not forget about the accommodation rules for use of fire equipment, phone calling the fire Department evacuation plan.
When checking out the head of the organization will certainly be asked to show following documents:
a) instruction on fire safety;
b) the plan, schedule and program instructions;
C) the order of appointment responsible for fire safety, evacuation, instruct;
g) the registration safety briefing of employees;
d) a register of fire fighting equipment.
However, the above list of documents regulating fire fighting activities is only a small part of the mandatory package of rules, journals, orders, which should be available from the head of catering, among them include:
Magazine medical examinations of employees.
— Schedule cleaning.
— Routing on each menu dish.
— Instructions for cleaning, washing dishes, using detergents and disinfectants. etc.
Particular attention should be paid to the order of sale of alcoholic beverages, you need to understand that almost any kind of alcohol beverages must obtain an appropriate license. This license is granted for the specific room and a specific organization and will function only within one subject of the Federation.
However, in addition to the license for each type of alcoholic products it is necessary to keep documents such as certificates of conformity, declarations, waybills, etc. In their absence there is a risk of recognition of alcoholic beverages counterfeit, leading to huge losses.
Also, the owner of the restaurant it is necessary to organize the interaction with the visitors, so that in case of conflict, to act in accordance with the provisions of the law.
If there was a conflict with the visitor of a cafe or restaurant, the visitor is likely to initially appeal directly to the head of the restaurant with the complaint. In case claims of the customer to satisfy failed or if the client decided to act in administrative procedure, it is necessary to understand the strategy of his actions. The first option is to contact the CPS, then to the Prosecutor's office, with a message about violation of his rights. The fact of the conversion will inevitably cause unscheduled inspections in respect of the institution, the results of which shall be made an order to eliminate violations, or a fine. Also, the customer may apply to the court, demanding the recovery of compensation for moral damage, injury, etc. At this stage it is important to correctly build a line of defense, keeping her in judicial proceedings and administrative dispute. A positive factor is the availability of the local rules, regulations governing the relationship with visitors, and, of course, strict adherence to these rules in practice.
Of course, it is impossible not to pay attention to the contractual provision of the activities of the restaurant, it is recommended to consider and agree on a lawyer, the following instruments:
— The lease of the premises in which the institution is located. The contents of this agreement, you must pay special attention, in fact, it is the main document in your relationship with the owner of the premises. Legal errors in its drafting is fraught with significant losses, so it is recommended to work out a contract with a competent lawyer.
— Contracts for periodic medical examinations, sanitary-and-hygienic training and certification of employees. Despite the formulaic forms of these treaties, often the owners neglect their appearance, as a result, the inspections are vulnerable to employees of relevant authorities.
Supply contract/purchase and sale and other agreements for the purchase of raw materials and products. It is recommended to develop template forms of these contracts in order to simplify further relations with contractors. Often, such contracts issued as framework agreements containing General conditions for the supply, which allows to simplify further work.
— Contracts for the provision of utility services, communication services. Despite the formulaic nature of such contracts to neglect their analysis is also not necessary, since their contents can be substantial penalties for late payment. Consider this point and try to pay on time.
In this article we have considered only some of the questions arising in actual operation of the restaurant. Competent and timely solution often requires the participation of a qualified lawyer with experience in comparable situations. Do not neglect a legal support for your business, because it is preventive action lawyer, will allow you to save a lot of money in the future.