A coffee shop must file a notification of commencement of business as a rest restaurant.
Notification of commencement of business- Any person who intends to run a rest restaurant pursuant to the Enforcement Decree of the Food Sanitation Act must file a notification with the Minister of Food and Drug Safety, the Mayor of a Special Self-Governing City, or the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, by type of business or place of business (hereinafter referred to as ‘notifying office’ (Former part of Article 37(4) of the Food Sanitation Act and Subparagraph 8 of Article 25(1) of the 「Enforcement Decree of the Food Sanitation Act).
※ Any person who violates this provision shall be punished by imprisonment for no more than 3 years or be subject to a fine not exceeding KRW 30 million (Subparagraph 1 of Article 97 of the Food Sanitation Act).
Procedure for notification of commencement of business- Submission of notification
· Any person who intends to file a notification of commencement of business must ensure that his/her business establishment is equipped with required facilities and submit a notification with the following documents (including electronic documents) attached to a notifying office (Former part of Article 42(1) and Subparagraphs 1, 2, 4 and 13 of Article 42(1) of the Enforcement Regulations of the Food Sanitation Act).
√ A notification of commencement of business (including notification in electronic form) [Attached Form 37 of the Enforcement Regulations of the Food Sanitation Act]
√ A certificate on the completion of training (applicable only if he/she has received education in advance pursuant to Article 41(2) of the Food Sanitation Act)
√ A water quality inspection (test) report issued by a drinking water quality inspection institution (applicable only if underground water, etc. rather than tap water is to be used in the manufacturing process for drinking water or foods or in cooking or cleaning of foods)
· The following x-documents are inspected by the notifying office and their submission is not required in the case the notifying person agrees to the confirmation via the joint use of administrative information (Article 42-(2) of the Enforcement Rule of the Food Sanitation Act).
√ Issuance of a certificate for final inspection of facilities that use liquefied petroleum gas (applicable if a person among those who intend to engage in a rest restaurant business, general restaurant business, or a bakery business is required to undergo a final inspection of facilities that use liquefied petroleum gas)
√ A vehicle registration (applicable if a person intends to engage in a rest restaurant business or a bakery business by using a food truck)
√ A certificate of business registration (applicable if an operator of a school that falls within Article 2 of the Higher Education Act intends to engage in a rest restaurant business or a bakery business by using a food truck)
√ A report of medical examination results (a person who is required to undergo a medical examination pursuant to Article 49 of the Enforcement Regulations of the Food Sanitation Act)
√ A certificate of full installation of safety facilities issued by the head of the fire department (headquarters) or fire station under Article 9-(5) of the Special Act on Safety Management of Multi-Use Businesses (for business under Article 2-1(Subparagraph 1)-A of the Enforcement Decree thereof)
- Issuance of a business notification certificate by a notifying office
· A notifying office that has been notified must issue a certificate of commencement of business without delay (Article 42(6) and Attached Form 38 of the Enforcement Regulations of the Food Sanitation Act).
1. Where alcoholic beverages are to be sold at a coffee shop
· Since drinking is not allowed at a rest restaurant, a coffee shop that intends to sell alcoholic beverages must file a business notification as a general restaurant and be equipped with facilities that satisfy the facility criteria of a general restaurant (Article 36 of the Food Sanitation Act, Subparagraph 8(a) of Article 21 of the Enforcement Decree of the Food Sanitation Act, and Article 36 and attached Table 14 of the Enforcement Regulations of the Food Sanitation Act).
※ The “general restaurant business” refers to a business of cooking and selling foods, where drinking accompanied with meals is allowed (Subparagraph 8(b) of Article 21 of the Enforcement Decree of the Food Sanitation Act).
2. Where breads are to be sold at a coffee shop
· It is permitted to bake and sell breads as part of the menu while operating a rest restaurant. However, any person who intends to engage in the business of baking and selling breads must file a notification of commencement of business to run a bakery business.
※ The “bakery business” refers to a business of manufacturing and selling mainly bread, rice cake, snacks, etc., where the act of drinking is not permitted (Subparagraph 8(f) of Article 21 of the Enforcement Decree of the Food Sanitation Act)