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Q: I am planning to put up an ihaw-ihaw (grilled or barbecued foods) business somewhere in the Divisoria or Santa Cruz area. Quezon City is also an option. Is there a law against the smoke and smell of businesses such as the one I have in mind? I don't want to be raided on my first day of operations. I checked the website of the Department of Environment and Natural Resources and I couldn't find any such rule there.

Also, is there such a thing as a "trial run" where I can test the waters and operate my business for a short while without first securing a license? How many licenses are needed for my planned enterprise anyway?

Last question, what are the advantages of businesses that are not required to issue receipts over those that are required to do so?

A: The problems that may crop up in connection with your grilled foods business have something to do with the law on public nuisance. You will not find it in the DENR website, but it is in our Civil Code. The Civil Code defines nuisance (in a general manner) as any act, omission, establishment, business, condition of property, or anything else which injures or endangers the health or safety of others; annoys or offends the senses; shocks, defies or disregards decency or morality; or obstructs or interferes with the free passage of any public highway or street, or any body of water; or hinders or impairs the use of property.

In addition, almost every city or municipality in the Philippines have their own ordinances relating to public nuisance, and these ordinances usually have more specific definitions of what constitutes a nuisance. So if you intend on putting up your business in the City of Manila, it would be best to check what ordinances that City has in relation to public nuisance. Quezon City would certainly have its own ordinance, and the provisions may be different from those that may be in the Manila ordinance.

1. Nuisance per se--that which is a nuisance at all times and under any circumstance, regardless of location and surroundings
2. Nuisance per accidens--that which may be considered a nuisance by reason of circumstances, location or surroundings.

Depending on where you put it up, your intended grilled foods business would potentially fall under the second category. It is not a nuisance by itself, but because of its location, its smoke and smell could be offensive or dangerous to the health of nearby residents.

The usual penalties for persons guilty of creating a public nuisance are prosecution under the Revised Penal Code or any local ordinance; civil action; or abatement (stoppage) without judicial proceedings.

As to your second question, no there is no such thing as a "trial run" where you could lawfully operate your business without the required licenses. Licenses are a must; you have to secure them before you operate your business. I have discussed all the licensing, clearance, and registration requirements for new businesses in previous articles; please look them up in our online archives.

On to your last question. No, non-receipted sales have no advantage over receipted sales. The only reason some businesses are allowed to forego the issuance of receipts is because the items they sell are too inexpensive, such as a sari-sari store for example, which sells candies at fifty centavos each. But these types of businesses are required by the BIR to log each sale in their books of accounts, which is just as meticulous as filling out receipts.