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The food business and licenses
May 17, 2012
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.
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