上海首部！在梧桐区开咖啡店要避的“坑”，这份专属指南都有了The first in Shanghai! The "pit" to avoid when opening a coffee shop in wutong District has been included in this exclusive guide

A few days ago, after the typhoon passed through, a coffee shop in Tianping Street, Xuhui District had a roof leak and the coffee machine had soaked in water, so it had to temporarily close. In subsequent communication, the store and property management were deadlocked over responsibility determination and compensation. The judge and mediator who sank to the street quickly intervened, urging the property management to complete the maintenance while explaining and reasoning about "whether the typhoon is considered a force majeure" and "how to calculate the losses" item by item. Eventually, a mediation agreement was reached between the two parties, and the coffee shop quickly reopened for business.

The more coffee shops open, the more "growing pains" such as spatial conflicts, environmental pressure, neighborhood conflicts, style constraints, and traffic management become difficult to hide. The 2.68 square kilometer block of Tianping Street is home to 152 coffee shops with over 600 employees, with a density of 57 shops per square kilometer. Among them, boutique independent coffee shops account for about 70%.

Recently, the "Soft Law Guidelines for the Coffee Industry in Tianping Street" (referred to as the "Guidelines") were released in Xuhui. This is the first special soft law guideline for the coffee industry in the city, providing a tailor-made "Operation Avoiding Pits Guide" for coffee operators who want to open or are currently opening stores.

This' Guideline 'was formed by sorting out a large number of dispute cases and visiting merchants for research. Traditional rigid law enforcement methods are difficult to adapt to the flexible and personalized business characteristics of the coffee industry, so we want to explore a soft law governance path.' Nie Yuanjun, Deputy Director of the Xuhui District Judicial Bureau, introduced that the 'Guideline' is based on current laws and regulations, focusing on the three high-frequency pain points of urban appearance management, employment rights protection, and neighborhood relationship coordination, sorting out legal risks in leasing, decoration filing, employment, food safety and other links, and synchronously publicizing supporting service resources.

The "Guidelines" not only provide detailed explanations of the entire process of opening a store, but also point out issues that are easily overlooked in each step. For example, when applying for a food business license, coffee shops must select "homemade beverage production and sales". If there are also light meals or baked goods, "hot food production and sales" must be added. If it is missed, a change must be made. In addition, if selling only coffee and tea drinks, there is generally no need to obtain a permit for discharging urban sewage into the drainage network. However, once the food is prepared, it will produce oil fumes and oily wastewater, which must be processed.

Employment is a frequent point of dispute, and coffee shops have diverse forms of employment. Different employment relationships correspond to different types of contracts and legal obligations, which we have explained in the "Guidelines" one by one. Peng Weiyu, deputy director of the Tianping Street Judicial Office, said that full-time employment relationships such as store managers, full-time baristas, and roasters must sign labor contracts; Hourly workers are part-time employees, with a daily work limit of no more than 4 hours and a cumulative weekly work limit of no more than 24 hours. Overtime may be recognized as full-time employment.

The Guide also fits in with the business characteristics of "wutong District" and thinks about more details, such as how to standardize pet friendly stores, how to keep order in street operations, how to maintain the appearance of stores in the style and appearance area, and how to balance passenger flow, business and residents' peace.

At the same time, a warning should be given to some easily overlooked intellectual property risks: store names and logos should be registered as trademarks before opening, and if they are preemptively registered by others, they will be forced to change their names; Store music playback requires authorization from the China Music Copyright Association and the China Audio Visual Copyright Collective Management Association, otherwise it may face claims of thousands or even tens of thousands of yuan per song.

In addition to issuing the "Guidelines" and marking potential "pitfalls" in advance, the street also relies on the Comprehensive Governance Center and the Party and Mass Service Center to provide free legal consultation and notarization consultation activities every week, and continues to provide normalized support such as mediation and legal services for merchants. Peng Weiyu said that through these measures, he hopes to standardize business behavior with the scale of the rule of law, resolve neighborhood disputes with the warmth of the rule of law, let coffee shop owners operate with peace of mind, and also let the coffee aroma of Hengfu style area drift further.