How to report a restaurant that prohibits bringing your own alcohol? Which law is violated?

Alcohol is a favorite drink all over the world, especially the Chinese. In 2020, the size of China's alcohol consumption market will be about 900 billion yuan. Global alcohol consumption has increased significantly compared with 30 years, which is very large. The extent of this is attributed to the growing phenomenon of drinking in China. When Chinese people go out to have dinner, they inevitably have to drink. In the past, restaurants allowed customers to bring their own drinks, but now many restaurants do not allow customers to bring their own drinks. If you want to drink, you must buy it from them. Mr. Su from Qingdao hosted a dinner for his relatives and friends at a restaurant. When he arrived at the restaurant in the afternoon, he pulled a box of liquor that he had brought with him from the car. However, when he was about to put the liquor into the box, the hotel waiter stopped him and pointed at him. A sign on the wall "This store strictly prohibits bringing your own alcohol" told him that he could not bring his own alcohol. I believe everyone has encountered what happened to Mr. Su when eating out. So is the restaurant's behavior illegal, and how can customers report it? In fact, the restaurant's behavior violated the "Consumer Rights Protection Law of the People's Republic of China" Article 26: Restaurant operators shall not make provisions that exclude or restrict consumers’ rights through store notices or other means. The restaurant’s homemade signs prohibiting bringing your own drinks are legally invalid. If someone encounters this kind of thing, you can take a photo of the restaurant’s sign prohibiting bringing your own drinks as evidence, and then file a complaint with the relevant administrative department, or reach an agreement with the operator. Submit the arbitration agreement to an arbitration institution for arbitration, or use the following three methods to report it. Method 1: Dial the 12315 hotline. 12315 is a dedicated hotline for consumer complaints and reports. It has been opened nationwide. Consumers can tell the staff the fact that their legitimate interests have been damaged during the consumption process, and truthfully state their name and phone number. , address, or the name, phone number, and address of the complaining merchant. The staff will not disclose the content of your report to unrelated persons. Method 2: Request the Consumer Association to mediate. The Consumer Association is the familiar "315" and is a national social organization that protects the legitimate rights and interests of consumers. Consumers can complain in writing or by fax through this platform that restaurants are prohibited from bringing their own alcohol. The content should include the accurate address of the restaurant, the reason for your complaint, as well as your address and phone number. After the Consumer Association accepts the complaint, it will investigate and adjust the matter. Method 3: File a lawsuit with the People's Court. Forbidding restaurants to bring their own alcohol is a violation of the restaurant's advantageous position to infringe on consumers' rights to free choice and fair trade. Consumers can sue the restaurant and request the court to confirm that the restaurant's "overlord clause" is invalid. Mr. Han from Harbin bought a bottle of liquor at a convenience store before dining and took it to a restaurant to drink. When he was waiting for the check, he found that the restaurant had fined him 200 yuan. After the restaurant explained, he learned that the restaurant had a sign saying "No bringing your own." He was forced to pay a fine of 200 yuan due to the slogan "Liquor, Violators shall be fined". However, after the fine, he was unwilling to accept it and used method three to take the restaurant to court. The court used the "Contract Law" and "Consumer Rights Protection" Law" told the restaurant operator where he made a mistake. Finally, the restaurant operator realized his mistake, refunded Mr. Han 200 yuan, and took down the sign in the store. Although some restaurants allow customers to bring their own drinks, they will charge a "corkage fee" in disguise. Mr. Jiang from Chengdu encountered such an incident. He took his wife and friends to eat hot pot, and everyone drank the drinks they brought during the meal. The waiter did not prohibit them from drinking liquor, but when paying the bill, the waiter included a 100-yuan "corkage fee." Mr. Jiang only found out after the meal that this hot pot restaurant had a "corkage fee" rule. Afterwards, he felt that it was "open" Bottle fee" had no legal basis, so he sued the hot pot restaurant. "Corkage fee" is as illegal as "no bringing your own wine", and infringes upon the right to independent choice and fair trade in Articles 9 and 10 of the "Consumer Rights and Interests Protection Law of the People's Republic of China". Mr. Jiang does not have to pay the so-called "corkage fee" to the hot pot restaurant. If he does, the court will require the hot pot restaurant to refund it. Some restaurants realized that it was illegal to prohibit bringing their own drinks, and they introduced the practice of "minimum consumption". Xiaomei, a college student, invited her classmates to sing at KTV. The KTV stipulated a minimum consumption of 500 yuan. The total amount they consumed was less than 500 yuan, but I was still charged 500 yuan by the KTV.

The minimum consumption is actually forced consumption. In order to prevent themselves from losing money, many consumers are forced to order in order to make up the money. Xiaomei went back and ordered some fruit plates in order to collect 500 yuan, and the final consumption amount exceeded 500 yuan. They didn’t finish the fruit plate they just ordered, which shows that the minimum consumption has contributed to the waste of resources to a certain extent. Merchants that set minimum consumption may be punished with illegal gains 3 according to Article 20 of the "Measures for the Management of Catering Industry (Trial)" times and the maximum fine shall not exceed 30,000 yuan. Restaurants are places for people to eat, but with more restrictions and fees, people are less interested in eating out. This is a loss for both consumers and restaurants, and restaurants can easily be held legally responsible. It is better to operate legally. Don't lose more for a little money.