legal aspects
In Brazil, the three spheres of government (Union, States/Federal District and Municipalities) have specific legislation. In addition to federal and state constitutions and municipal organic laws, other legal diplomas deal with environmental aspects, such as ordinary laws and decrees (or regulations).
RENTAL LEGISLATION
The contract model used will be the lease of space with provision of service at the rental place. We decided to use this model due to the ease of removing the "tenant" if he does not pay properly. In the lease agreement, the process would take longer for such action.
The decoration and assembly of the space organization will be the sole responsibility of the CONTRACTING PARTY, so everything involved in the rented environment must belong to the contracting party.
The legislation for dark kitchens is the same as for restaurants, reminds Molinari: “From the point of view of production, process, hygiene and food safety, they are exactly the same rules”.
LICENSE LEGISLATION
It is necessary to have a permit to carry out deliveries and make the practice regulated. The documents to obtain this authorization to operate the delivery are:
CNPJ: the National Certificate of Legal Entity is the basic record for establishing a business that must be regularized.
State registration: State registration regularizes the company in the State register and makes it a taxpayer of the Tax on Circulation of Goods and Services (ICMS), which is charged by the state secretariat. This document is essential to guarantee the restaurant's authorization to deliver food in other regions, in addition to offering meals at the business headquarters;
business license and location: this registration is essential for the restaurant to be in operation. To acquire it, the chosen property is evaluated in order to ensure that the sanitary, circulation and operating conditions are adequate. In the case of food preparation establishments, the sanitary conditions are rigorously analyzed;
certificate of technical manager: the technical manager must assess the conditions of the restaurant and dialogue with health surveillance professionals for the correct adequacy of the establishment.
Fire Department inspection report (AVCB): the AVCB is a necessary document for certifying that the establishment has safe and adequate conditions. In addition, the record indicates whether the facility has adequate resources to control fire or other potential hazards;
cleaning and disinfection certificate for water tanks: when water tanks undergo sanitation, the company responsible for the service issues this document, which is essential for presentation to the city hall and acquisition of the delivery permit;
Standardized operating procedures (SOP) for personal hygiene: SOPs are protocols that define how the process will be carried out. In the case of the personal hygiene issue of the teams, measures such as the use of masks, caps, aprons, gloves and maintenance of cut nails must be provided.
standard operating procedures for drinking water: these procedures are delimited according to the source of water used in the restaurant, being the municipal supply or water tank;
Standardized operating procedures for the cleaning of vegetables, vegetables and fruits: It should provide for practices for proper cleaning of vegetables, with washing with soap and water and the use of bleach;
CONSUMER RIGHTS
Our consumer rights are:
Use of space and number of people: The consumer undertakes to use the designated space on the day and time specified above, for the number of people, observing the maximum number of people that will be determined.
Space consumption: to prevent the space that will be used, we will charge an amount to protect the space, an insurance policy, so that in case something happens it will already have its guarantee. The value will be returned when the contract time expires.
Contract with the consumer: to bring security to the consumer, we will give a contract with all the clauses of what the person must do and what not to do. The rules are in this contract.
Kitchen decoration: what will be placed inside the kitchen will be something the consumer will decide, all before informing us.