Regulation of the Culture and Tourism Minister No. PM.87/HK.501/MKP/2010 on the procedure of registering food and drink service business

GOVCRNMENT REGULATIONS THE PROCEDURE OF REGISTRING FOOD AND DRINK SERVICE BUSINESSESS (Regulation of the Culture and Tourism Minister No. PM.87/ HK.501/MKP/2010 dated November 16, 2010) BY THE GRACE OF GOD ALMIGHTY THE CULTURE AND TOURISM MINISTER, To stipulate : DECIDE s . Considering: REGULATION OF THE CULTURE AND TOURISM MIN That to implement provisions in Article 15 paragraph ISTER ON THE PROCEDURE OF REGISTERING FOOD (2) of Law No. 10/2009 on Tourism, it is necessary AND DRINK SERVICE BUSINESSES. to stipulate a regulation of the Culture and Tourism c Business News 8177111-4 2011 Minister on the Procedure of Registering Food and Drink Service Businesses; In view of 1. Law No. 10/2009 on Tourism (Statute Book of 2009 No. 11, Supplement to Statute Book No. 4966); 2. Presidential Regulation No. 47/2009 on the For mation and Organization of State Ministry; 3. Presidential Regulation No. 24/2010 on the Po sition. Task and Function of State Ministry and the Organizational Structure, Task and Function of First Echelon Officials of State Ministry; 4. Regulation of the Culture and Tourism Minister No. PM,17/HK.001/MKP-2005 on the Orqani zation and Work Mechanism of the Culture and Tourism Ministry as already several times amend ed the latest by Regulation of the Culture and Tourism Minister No. PNI.07/HK.001/MKP-2007; CHAPTER 1 GENERAL PROVISIONS Article 1 Referred to in this Minister Regulatlon as : 1. Business is any act or activity in the economic field carried out to get benefit and/or profit. 2. Food and drink service business. hereinafter re- \ ferred to as tourism business is the business of providing food and drink, along with instruments and equipment for making, storing and/or serving it. 3. Restaurant is the business of providing food and drink eqUIpped with instruments and equipment for making, storing and serving it in an 1 (one) permanent and immovable place. 4. Food stall is the business of providing food and drink equipped with instruments and equipment for making, storing and serving it in an 1 (one) permanent and immovable place. 37 GOVERNMENT REGULATIONS 5. Bar is the business of providing alcoholic and non-alcoholic drinks equipped with instruments and equipment for making, storing and serving it in an 1 (one] permanent and immovable place. 6. Cafe is the business of providing light food and soft drink equipped with instruments and equip ment for making, storing and serving it in an 1 (one) permanent and immovable place. 7. Catering service is the business of providing food and drink equipped with instruments and equip merit for making, storing and serving it in a place desired by customers. 8. Food court is the business of providing places for restaurants. food stalls and/or cafes equipped with tables and chairs. 9. Tourism businessman, hereinafter referred to as businessman, is an individual or corporate body engaged In tourism business In the field of food and drink. 10.Registrafron date of tourism business is the date of inclusion in the fist of tourism businesses. 11.List of tourism businesses is a list of tourism busi nesses in the field of food and drink containing matters which according to this Ministerial Regu lation must bp. rp.gisterp.rl hy p.vp.ry hw;.ine~sman 12.Certificate of tourism business registration is an official document proving that the tuurism busi ness carried out by businessman has been includ ed in the list of tourism businesses. 13.Minister is the minister whose tasks and responsi bilities Cover the tourism sector. CHAPTER II AIM Article 2 The registration of tourism businesses is aimed at : a. ensuring legal certainty for businessmen to carry out tourism businesses; and b. providing sources of information for all interested parties about matters contained in the list of tour ism businesses. CHAPTER III REGISTRATION PLACE, OBJECT AND RESPONSIBILITY Article 3 (1) Applications for the registration of tourism busi nesses shall be addressed to the Regent or Mayor ot the region where the tourism businesses are located. 12) Applications for the registration of tourism busi nesses in the Special Capital Province of Jakarta shall be addressed to the Governor, Article 4 (1) The registration of tourism businesses covers all types of businesses in the field of food and drink. (21 The fielu uf fuod and drink covers the types of business: a. restaurant, b. food stall.. c. bar; 38 d. cafe; e. food court; f. catering; GOVERNMENT REGULATIONS Part One General Article 7 g. other types of businesses in the field of food and drink stipulated by Regents, Mayors and! or Governor. Article 5 (1) The registration of tourism businesses is done to: a. each location of restaurant, food stall, bar cafe, or food court; or b. each uffice uf cater iuq ser vlce , (2) The registration of tourism businesses is done by businessmen. (3) Individual businessmen classified as micro or small businesses are according to the law and regulation are exempted from the obligation to register their tourism businesses. (4) Individual businessmen classified as micro or small businesses as referred to in paragraph (3) can register their tourism businesses based on their own wish. Article 6 Businessmen engaged in the type of food and drink services can constitute individual businesses or Indonesian legal entities or non-legal entities in accor dance with the law and regulation. CHAPTER IV PHASES The phases of registration of tourism busi nesses cover: a. applications for the registration of tourism bus i nesses: b. verification of applications for the registration of tourism businesses; i c. inclusion in the list of tourism businesses; d. issuance of certificates of tourism business reqis tration: and e. updating of the list of tourism businesses. Article 8 All phases of the registration of tourism busi nesses are carried out without collecting fees from businessmen. Part Twu Registration of Tourism Businesses Article 9 (1) Applications for the registration of tourism busi nesses shall be filed in writing by businessmen. (21 Applications for the registration of tourism busi nesses shall be accompanied by: a. photocopies of deeds of incorporation con taining food and drink service business as the purpose and aim, and changes thereof if any, for businessmen in the form of corporate bod ies. or photocopies of identity cards for indi vidual businessmen; Business News 8177111·4·2011 39 GOVERNMENT REGULATIONS b. photocopies of technical permits and environ mental documents in accordance with the law and regulation; c. a written statement by businessmen about the expected capacity of food and drink ser vices expressed in the number of seats for restaurant, food stall, bar, cafe and food court. (31 The documents as referred to in paragraph (2) shall be submitted by showing original docu ments or photocopies or copies already validated in accordance with the law and regulation. (41 Businessmen shall ensure through a written statement that data and documents submitted as referred to in paragraph (1), paragraph (2) and paragraph (3) are valid, true and factual. Article 10 Regents, Mayors or Governor shall issue evi dence of receiving applications for the registration of tourism businesses to businessmen by mentioning the names of documents received. Part Three Verification of Apptications Article 11 (1) Regents, Mayors or Governor shall verity the completeness, truth and validity of applications for the registration of tourism businesses. (2) If the verification as referred to in paragraph n\ shows that appllcatlons for the registration of tourism businesses have not met the require ments of completeness, truth and validity, the Regents, Mayors or Governor shall notify in writ ing the businessmen that the applications still lack requirements. (3) The verification as referred to in paragraph (1) and notification as referred to in paragraph (2) shall be completed no later than 7 (seven) work ing days after the Regents, Mayors or Governor have received the applications for the registration of tourism businesses. (4) If the Regents, Mayors or Governor do not notify in writing the lack of requirements within a period of 7 (seven) working days after applications for ! the registration of tourism businesses have been received, the applications shan be considered complete, true and valid. Part Four Inclusion in the List of Tourism Businesses Article 12 Regents, Mayors or Governor shall include the ' objects of the registration of tourism businesses in the list of tourism businesses no later than 1 (one) working day after the applications for the registration of tourism businesses have been declared or consid ered complete, true and valid. Article 13 The list of tourism businesses contains: a. registration number of tourism business; 40 Business N!?ws 8177! 11 ~4-2011 GOVERNMENT REGULATIONS 41 Parr Five Issuance of Certificates of Tourism Business Registration Article 15 Based on the list of tourism businesses, Re gents, Mayors or Governor shall issue certificates of tourism business registration to businessmen no later i than 3 (three) working days after they have been in cluded in the list of tourism businesses Article 16 Certificate of tourism business registration contains: a. registration number of tourism business; b. registration date of tourism business; c. name of businessman; d. address of businessman; e. name of executive board members for business man in the form of corporate body; f type of food and drink service hllsiness; g. business brand, if any; h. address of restaurant, food stall, bar, cafe, food court or office of catering service; I. number of deeds of incorporation and changes thereof if any, for businessman in the form of corporate body, or number of identity card for individual businessman; j. name of permit and number of technical permit as well as name and number of environmental docu ments owned by businessman; Business News 8177/11·4·2011 buaiuess , revival of the reyistralioll of tourism temporary freezing of registration of tourism business and/or cancellation of registration of tourism business. m a statement that if In the future there will he document. Article 14 The list of tourism businesses shall be made in the form of written document and/or electronic b. registration date of tourism business; c. name of businessman; d. address of businessman; e. name of executive board members for business man in the form of corporate body; f. type of food and drink service business; g. business brand, if any; h. address of restaurant, food stall, bar, cafe, food court or office of catering service; I. number of deeds of incorporation and changes thereof if any, for businessman in the form of corporate body, or number of identity card for individual businessman; j. name of permit and number of technical permit as well as name and number of environmental docu ments owned by businessman; k. available capacity; I. a statement that if in the future there will be the updating of the matters as referred to in letter a up to letter k; and GOVERNMENT i'<EGULATIONS k. name and signature of the official issuing the cer tificate of tourism business registration; and I. issuance date of certificate of tourism business registration. Article 17 Certificates of tourism business registra tion shall be valid as evidence that the business man concerned has been able to carry out tourism business. Part Six Updating of the List of Tourism Businesses Article 1 S (11 Businessmen shall file written applications to Re gents, Mayors or Governor tor the updating ot the list of tourism businesses in case of change in the condition of the matter contained in the list of tourism businesses no later than 30 [thirtv] work ing days after the change happens. (2) The applications for the updating of the list of tourism businesses shall be accompanied by rel evant supporting documents. (3) Supporting documents as referred to in paragraph (2) in the form of photocopies shall be filed by showing original documents. (4) Businessmen shall ensure that data and docu ments filed as referred to in paragraph (1), para graph (2) and paragraph (3) are valid, true and factual. \5) Regents, Mayors, or Governor shall verify the completeness, truth and validity of applications for the updating of the list of tourism businesses. (6) If the verification as referred to in paraqranh l5) shows that the applications for the updating of the jist of tourism businesses have not met the requirements of completeness, truth and validity, the Regents, Mayors or Governor shall notify in writing the lack of requirements to the business men. (7) The verification as referred to in paragraph (5) and notification as referred to in paragraph (6) shall be completed no later than 3 (three) working days after the Regents, Mayors or Governor have received the applications for the updating of the list of tourism businesses. (tl) It the Kegents, Mayors or Governor do not notrtv in writing the lack of requirements within a period of 3 (three) working days after the applications for the updating of the list of tourism businesses have been received, the applications shall be con sidered complete, true and valid. (9) The Regents, Mayors or Governor shall put up d;'lting in the li~t of tourism hU~;nf'\sses no j;'lter than 1 (one) working day after the applications for the updating of the list of tourism businesaes have been declared or considered complete, true and valid. 110)Based on the updated list of tourism businesses, the Regents, Mayors or Governor shall issue cer tificates of tourism business registration to busi nessmen no later than 3 [three) working days at 42 Business News 8177111-4-2011 GOVERNMENT REGULATIONS ter the inclusion of updating in the list of tourism businesses. (111With the issuance of certrncates of tourism busi ness registration as referred to in paragraph (10), the previous certificates of tourism business reg istration shall be revoked and declared nul and void. (12lBusinessmen shall return the previous certifi cates of tourism business registration to the Re gents, Mayors or Governor. CHAPTER V TEMPORARY FREEZING AND CANCELLATION Part One Temporary Freezing Article 19 111 Regents, Mayors or Governor shall temporarily freeze certificates of tourism business registra tion if businessmen: a. are liable to sanctions restricting their busi ness activities and/or temporarily freezing their business activities in accordance with the law and requlatlon: ur b. do not carry out business activities for 6 (six) consecutive months or more. (21 Certificates of tourism business registration shall not temporarily be valid if the registration of tour ism businesses is frozen temporarily. (3) Businessmen shall return certificates of tourism business reoistration to Regents, Mayors or Gov ernor no later than 14 (fourteen) working days after experiAncing the matter as referred to in paragraph (1). Article 20 (1) Businessmen can file applications for revival of certificates of ourism business registration if : a. they have been cleared of restriction on their business activities and/or temporary freezing of their business activities in accordance with the law and regulation as referred to in Article 19 paragraph (11 letter a; or b. they have capability to resume their tourism business activities as referred to in Article 19 paragraph (1) letter b. (2) The applications for revival of certificates of tourism business registration shall be accompa nied by : a. documents proving that the businessmen have been cleared of sanctions restricting their business activities and/or temporarily freezing their business activities as referred to in Article 19 paragraph (11 letter a; or b. written statements from the businessmen stating their readiness to resume their tour ism business activities as referred to in Article 19 paragraph (1) letter b. (31 The businessmen shall ensure that the documents handed as referred to in paragraph (21 are valid, true and factual. (4) Regents, Mayors or Governor shall verify the completeness, truth and validity of applications Business News 8177/11-4-2011 GOVERNMENT REGULATIONS for revival of certificates of tourism business reg istration and supporting evidence. (51 If the verification as referred to in paragraph (41 shows that the applications for revival of certifi cates of tourism business registration have not met requirements of completeness, truth and validity, the Regents, Mayors or Governor shall notify in writing the lack of requirements to the businessmen. (6) The Regents, Mayors Or Governor shall complete the verification as referred to in paragraph (4) and notification as referred to in paragraph (5) no later than 21 (twenty one) working days after the applications for revival of certificates of tourism business registration have been received. (7) If the Regents, Mayors or Governor do not notify in writing the lack of requirements within a pe riud uf 21 (twenty-one] working days after the applications for revival of certificates of tourism business registration have been received the ap plications shall be considered complete, true and valid. (8) The Regents, Mayors or Governor shall put reviv al of certificates of tourism business registration in the list of tourism businesses no later than 1 (one) working day after the applications for reviv al of certificates of tourism business registration have been declared or considered complete, true and valid. (9) Based on the revived list of tourism businesses, the Regents, Mayors or Governor shall hand cer tificates of tourism business registration to the businessmen no later than 3 (three) working days after the inclusion of revival of certificates of tourism business registration in the list of tourism businesses. Part Two Cancellation Article 21 (1) Regents, Mayors or Governor shall cancel certifi cates of tourism business registration if business men: a. are liable to sanctions permanently halting their business activities in accordance with the law and regulation; b. do not carry out their business activities for 1 (one) year or more; or c. liquidate their businesses. (2) Certificates of tourism business registration shall not be valid if cancelled. (3) The businessmen shall return certificates of tour ism business registration to the Regents, Mayors or Governor no later than 14 (fourteen) working days after experiencing the matter as referred to in paragraph (11. CHAPTER VI ~UPERVI~ION Article 22 t1) Regents, Mayors and/or Governor shall conduct 44 Business News 8117/1 1-4-2011 GOVERNMENT REGULATIONS supervision within the framework ot tourism busi ness registration. (2) The supervision as referred to in paragraph (1) can cover irnprootu inspection in the field to en sure that business activities accord with the list of tourism businesses. CHAPTER VII FUNDING Article 23 (1) The funds needed for the registration of tourism businesses and supervision at regency/municipal level shall originate from the Regency/Municipal Budget (APBDI. (2) The funds needed for the registration of tourism businesses and supervision at provincial level shall oriqinate from the Provincial Budget (APBDI. CHI\PTER VIII REPORTING Article 24 (1) Regents or Mayors shall report the registration of tourism businesses to the Governor concerned every 6 (six) months. (2) Governors shall report the registration of tourism businesses to the Minister every 6 (six) months. (3) The report as referred to in paragraph (1) shall cover: a. the number of restaurants, food stalls, bars, cafes, food courts, or offices of catering ser vices for every type of business; b. capacity tor every type of business; c. a change in the number of restaurants, food stalls, bars, cafes, food courts, or offices of catering services compared to the number in the previous period of reporting; and d. explanations on the matter leading to the change in the number of restaurants, food st alls. bars, cafes. food courts, or offices of catering services as referred to in letter c, especially when reduction occurs. CHAPTER IX ADMINISTRATIVE SANCTIONS Article 25 (11 Every businessman that does not meet the provi sions in Article 9 paragraph (4), Article 18 para graph (4) and/or Article 20 paragraph (3) shall be subject to a first written warning. (2) If within a period of 7 (seven) working days after the first written warning has been issued, the businessman still does not meet the provisions in Article 9 paragraph (41, Article 18 paragraph (4) and/or Article 20 paragraph (3), he/she shall be subject to a second written warning. (3) If within a period of 3 (three) working days after the second written warning has been issued, the businessman still does not meet the provisions in Article 9 paragraph 141. Article 18 paragraph (4) and/or Article 20 paragraph (3), he/she shall have his/her tourism business registration temporarily frozen. Business News 1J111/11-4-1UII 45 GOVERNMENT REGULATIONS Article 26 (1) Every businessman th at does not meet the provi sions in Article 18 paragraph (1) shall be subject to a first written warning. (L) It withm a perrod of ::10 (thIrty) workmg days after the first written warning has been issued, the businessman still does not meet the provisions in Article 18 paragraph (1), he/she shall be subject to a second written warning. (3) If within a period of 21 (twenty-one) working days after the second written warning has been issued, the businessman still does not meet the provisions in Article 18 paragraph (1), he/she shall be subject to a third written warning. (4) If within a period of 14 (fourteen) working days after the third written warning has been issued, the businessman still does not meet the provi sions in Article 18 paragraph (1), he/she shall have his/her tourism business registration tempo rarily frozen. CHAPTER X TRANSITIONAL PROVISIONS Article 27 (1) Permanent permits of tourism business that are still valid and held by businessmen before the stipulation of this Ministerial Regulation shall tem porarily be treated in the same way as certificates of tourism business registration. 121 Businessmen that hold the permanent permits of tourism business as referred to in paragraph (1) shall file applications for the registration of tour ism businesses and hold certificates of tourism business registration no later than 1 (one) year after the stipulation of this Ministerial Regulation. CHAPTER XI CONCLUSiON Article 28 When this Ministerial Regulation begins to take effect, Decree of the Culture and Tourism Minis ter No.: KEP-012/MKP/IV/2001 on General Guidance for Licencing Tourism Businesses shall be declared null and void. Article 29 This Ministerial Regulation shall come into force as from the date of stipulation. For public cognizance, this Ministerial Regula tion shall be promulgated by placing it in the State Gazette of the Repubrlc of Indonesia. Stipulated in Jakarta On November 16, 2010 THE CULTURE AND TOURISM MINISTER, sgd. Ir. JERO WACIK, SE (S) 46 , Busines!i News 8177/11·4-2011