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PORTUGUESE COMMUNIST PARTY
Parliamentary Group
DRAFT LAW NO. 131 / XI-1ª
EXCEPTS THE BARS, CANTEENS AND LUNCHROOMS OF THE ASSOCIATIONS WITHOUT ENDS
LUCRATIVE OF THE GENERAL LICENSING REGIME
Exhibition of reasons
The Decree-Law No. 234/2007, of June 19 came, in the continuity of the diploma revoked,
to establish the standards of installation of catering or beverage establishments,
determining that the opening of the same may only occur after issuance of an alvshall of
license or authorization of use for restoration or beverages, issue or authorization that
depend on mandatory surveys for the purpose.
This diploma essentially aims to unlock situations of hindrance from entry into
operation of the establishments in cases where, notwithstanding the existence of
conditions for the laboration if they check for situations of irregularity for reasons not
attributable to those responsible for the establishments, as well as to expedite procedures
of licensing.
However, this diploma continues to cover establishments that, by their characteristics and
purposes are, clearly, outside the scope that this intends to regulate. In fact, the
collectivities of culture, recreation and sport, fundamental motor of popular associativism
portuguese, have in their history and in their traditions, the functioning of bars, canteens and
refectories of these associations that serve, essentially, for meeting and confraternization
of their associates and to support the non-profit activities that the same
develop.
In this sense, it is manifestly unfair and disproportionate to the requirement for these associations
of the fulfilment of the same requirements as for any commercial establishment or
tourist, for profit, which makes the restoration and beverage its economic activity.
All the more unjust is considered the fact that such demands have never been found to be
2
legislation until 1997, this being an already old claim of the associative movement
popular.
In this sense, the PCP, giving body to the claims of the Popular Associative Movement, after
have submitted the Parliamentary Appraisal Paragraph 48 /X where it has raised the issue in question,
presents the present Draft Law in the sense of amending the current legislation,
excepting the bars, canteens and lunchrooms of the regime's non-profit associations
of licensing provided for in the Decree-Law, paragraph 234/2007, of July 4.
So, in the legal and regimental terms applicable the Parliamentary Group of the CFP presents the
next Draft Law:
Article 1º
Amendment to Decree-Law No 234/2007 of June 19
Article 3º of Decree-Law No. 234/2007 of June 19 is replaced by the following:
" Article 3º
(...)
1-...
2-For the purposes of the provisions of this decree-law, they do not consider themselves to be establishments of
restoration or beverage the canteens, the lunchrooms and the bars of public entities, from
Businesses, educational establishments and non-profit associations aimed at
provide food and beverage services exclusively to the respective staff, students and
associates, owing to this conditioning being properly publicized.
3-... "
Article 2º
Entry into force
This Law shall come into force on the following day after its publication.
Assembly of the Republic, January 14, 2010
The Deputies,
MIGUEL TIAGO; ANTÓNIO FILIPE; JOÃO OLIVEIRA; PAULA SANTOS; JERONIMO DE
SOUSA; RITA RATO
