Using 饿了么 and 美团外卖 for delivery

[muyongshi]

We are exploring the idea of Western food delivered, hence using things like 美团外卖 and 饿了么. The idea would be to make it at my house on a limited basis partnering with a delivery/ordering service and get a feel for demand that way.

However, the location of our shop (where the business license resides) works for our in store product but not for what we are discussing relating to delivery.

So, I am trying to figure out if there are any good possibilities for how to make this work and for it to be legal. 美团 requires the business license and address to match but they have a few other "options" for documents that could be used, but I didn't recognize them. 饿了么 pretty much only asked for an address but I think they will be asking for much more info later, in person.

So whenever I talk to one of their reps I will get a much better feel for if it possible and how, possibly.

Other thoughts I've had involve a Chinese friend quickly getting a business license and we just contract with them and give them a percentage to make up for their "trouble" but due to it being food, I feel like their is no way to avoid health inspection, even though it's not a store front.

The other thing would be to simply to employ our own delivery person but that would require me talking the orders over something less convenient like a personal we chat account. And of course, I'm not sure how legal it would be.

Sorry that my thoughts are so all over the place. Trying to feel and process this all out. Does anyone have advice or knowledge of the system that would allow us to do this from my home?

[gato]

You are essentially talking about a delivery-only restaurant. It make sense that it would require the same type of licenses and permits as a regular restaurant from a food safety perspective.

[muyongshi]

Yes, I agree. I'm in that sense trying to first do some trials before we go to the investment if actually opening a new location.

I talked to 饿了么 this morning and they absolutely require a store front with ALL licensing in place (as I assumed).

If I simply do personal orders via wechat and employ a driver, would that be illegal?

[Lu]

Not sure how useful this will be, but in the Netherlands there is a website called Thuisafgehaald.nl ('take-out from home'), which does pretty much exactly what you're looking for. People who like to cook and/or are cooking extra can put it on the website, with the price and information on some allergens and such, and people who'd like to eat it can order it from there. The website takes a small cut. I've never used it myself (nobody cooking near me), but heard good things about it

 

The downside of all this, of course, is that it's not in China.

[roddy]

"do personal orders via wechat and employ a driver, would that be illegal? "

With no appropriate business license - yeah, presumably. Whether it's viable or not I don't know - do you have neighbours who might notice the extra coming and going and get annoyed? Business rivals who might rat you out? A landlord who (not unreasonably) thought he was renting out a residential property, not a commercial one.  

[muyongshi]

"do personal orders via wechat and employ a driver, would that be illegal? "

With no appropriate business license - yeah, presumably. Whether it's viable or not I don't know - do you have neighbours who might notice the extra coming and going and get annoyed? Business rivals who might rat you out? A landlord who (not unreasonably) thought he was renting out a residential property, not a commercial one.

The answer to all the above is, I think, no, due to the limited nature of what we are attempting. 1-2 nights a week for a couple of hours.

That being said, those are all factors we need to consider. The thing that I feel is unclear to me, is what is the law? There are so many people who sell things without a license and as long as the are not on the street, the 城管 leaves them alone.

[muyongshi]

The answer to all the above is, I think, no, due to the limited nature of what we are attempting. 1-2 nights a week for a couple of hours, with the end goal of feeling out the market to open a new business.

That being said, those are all factors we need to consider. The thing that I feel is unclear to me, is what is the law? There are so many people who sell things without a license and as long as the are not on the street, the 城管 leaves them alone.

[Angelina]

If you are planning to use the Internet to do business, where your customers order online, it will be easy for the authorities to track you down.

I am not sure if you want to avoid health inspection, because of food poisoning risks and so on.

[ChTTay]

There is a popular APP now called 回家吃饭. It's a platform for people at home who want to cook and sell their food to people nearby. I use it at work all the time. I have no idea now to sign up but I'm fairly sure they won't be visiting all these people to do safety and hygiene checks. Everytime I log on there are more and more people selling on there.

[muyongshi]

It actually looks really easy to apply!

Unfortunately, it is not yet available in my city but I will keep my eye on it!

[dementior]

hi there! I was really intrigued by the app mentioned by ChTTay and did some research:

 

http://beijing.qianlong.com/3825/2015/09/28/7524@10534655.htm

 

Even if you cannot use it yet in your city, there is information that is still relevant. Cooking at home and selling it is definitely illegal, according to the article. How will be the law enforced in case there is some kind of food poisoning accident? I don't know, but when it comes to the afore-mentioned app they state in their disclaimer any legal responsibility with regards to food safety is yours (the person cooking).

 

My only suggestion if you go for it, is that you make sure you obtain 发票 for every item you cook with.

[muyongshi]

Well, I'm calling BS on the last part of the article where they talk about how safe the food industry because of the laws that require health checks, safety checks, health cards, etc.

Those processes do not do the least to ensure food safety at least in MY. Been through all of them multiple times and no one is better off for it.

The health card test doesn't even cover basic hygiene. The only thing useful on it is about separation of raw and ready to eat foods. But it's not even a test. You copy answers and then they don't even grade you. As long as you pass the physical, which I think may have checked for strep e? And a blood test. Communicable diseases, maybe?

Out health inspectors have never once checked out fridges or done a culture off our work services. The eye everything and then give us a grade. Not based on a checklist, just a grade as to how it looked. They gave us trouble about imported products that didn't have Chinese labeling.

Anyway, sorry for the rant but the safety measures are not in place as the article would want you to believe. Or maybe they are in Beijing...

[dementior]

sure, different cities, different standards. My point is more about tracking down who is ultimately repsonsible if something happens. Or the other way round, if someone comes to you claiming that he/she got food posining from your APP stall for no reason, how do you protect/advocate yourself?