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OPENING AND OPERATING A RESTAURANT IN TURKEY

Omur Boyu Ehliyet Donemi Sona Erdi

Within the borders of Turkish Republic, business and working permits are regulated by ordinance numbered 2005/9207. Sanitary and non-sanitary establishments are handled separately in the regulation. The restaurant has been seen within the scope of businesses that are unlikely to harm environmental health, and it is organized under the name of sanitary enterprises. This document informs about the regulations for restaurants without liquors. Drinking restaurants are considered as “public recreation and entertainment places” and are subjected to different conditions than restaurants without alcohol. Restaurants without alcohol are subject to both the general conditions and the additional conditions for sanitary facilities.

NOTE: During the pandemic, it is recommended to examine the additional operating instructions that are subjected to the restaurants.

General Terms

In the relevant regulation, the common conditions sought in enterprises with business opening working licenses are specified. The conditions that restaurants should take into consideration are as follows:

Article 5

a) Measures foreseen in the legislation regarding occupational health and safety have been taken,

b) The unanimous decision of the flat owners to open a restaurant… in the independent sections of the real estates that are within the scope of the Condominium Law no.634

g) For workplaces on the side of the highway, road traffic safety has been provided and a passageway permit has been obtained,

h) … all kinds of workplaces with more than thirty employees, business centers, bazaars and similar workplaces that do not have a direct connection to the street and the street except for the main entrance doors, where more than one workplace is located, obtaining a fire department report showing that the necessary precautions are taken against fire, in other workplaces necessary measures have been taken against fire,

k) Facilitating measures required for disabled persons to enter and exit the workplace have been taken,

l) Complying with the provisions of the legislation on foreigners regarding the opening and employment of businesses by foreign nationals.

The fulfillment of the conditions numbered is inspected by the competent authorities after the business and working license is issued. The facilities with tourism management certificate are only inspected by the Ministry of Culture and Tourism regarding the issues that are essential for the issuance of the operation certificate.

Special Conditions

MINIMUM COMMON REQUIREMENTS TO BE SEEKED IN WORKPLACES

1- The workplace shall be designed in accordance with the purpose, clean and bright.

2- The workplace shall have a ventilation system; heating and ventilation shall be done with a suitable stove, heater or air conditioning system.

3- In workplaces that are opened with a single license and have more than one field of activity, the conditions stipulated in the relevant departments shall be sought for each activity branch.

4- Independent workplaces with more than ten employees shall have a resting place, a changing cabin, and a separate toilet for men and women. However, if there are sufficient number of washbasins and toilets reserved for common use in places such as business centers, business centers, passages, stations, terminals where there are more than one workplace, a separate toilet and sink requirement is not required for workplaces opened there.

5- Necessary measures shall be taken for the collection and storage of garbage and similar wastes produced in the workplace and a connection shall be found to ensure proper discharge of wastewater.

6- In workplaces where food and beverages are sold, stored and served; floors, walls and surfaces in contact with food shall made from easily cleaned, washed and disinfected materials such as ceramic, marble and stainless steel; ceilings shall prevent misting, mold and dirt accumulation; doors shall be easy to clean and disinfectable when necessary.

A chimney system shall be installed to evacuate the steam, odor, smoke and similar contaminants in the food preparation and cooking section.

Cups and plates glass or porcelain; spoon, fork and knife shall be made of stainless steel.

7- Fire-fighting measures shall be taken to ensure the safety of employees and customers in workplaces that do not require a fire department report.

8- In public resting and entertainment places and other workplaces where people frequently enter and exit, entrances and exits shall be from separate doors and there shall also be an evacuation exit against fire, fire exits shall be indicated with a lighted sign.

9- Public resting, entertainment and accommodation places, restaurants and patisseries shall have water connected to the city network, and the smoking and non-smoking sections shall be separated by walls or glass.

10- The floors and walls of toilets in public resting and entertainment places, accommodation places, wedding halls, restaurants and similar workplaces shall be covered with easily cleanable, washable and disinfectable materials such as marble, ceramic and mosaic. The toilet and the kitchen shall not be side by side.

ADDITIONAL TERMS TO BE SEEKED IN RESTAURANTS

a) First class restaurants

1- There will be at least two cooks with a mastership certificate.

2- Kitchen will consist of three sections as preparation, cooking and dishwashing area. Hot and cold water plumbing for washing will be present.

3- There will be a sufficiently large entrance hall at the entrance.

4- All the walls, including the entrance and the hall, will be painted or covered with oil paint or similar materials.

5- Heating, cooling and ventilation will be done by heating or air conditioning.

6- The floor of the entrance and the hall will be covered with an easy-to-clean and disinfectable material such as wooden parquet, ceramic or marble.

7- There will be sufficient number of wheeled service tables to serve drinks and food.

8- There will be good quality cloths and napkins on the tables.

9- The plates are of uniform and good grade porcelain or glass; Forks, spoons and knives will be made of good grade stainless steel. There will be crystal, ceramic or porcelain trays on the tables.

10- There will be separate toilets for men and women with flowing mirror, sink, liquid soap, dryer or napkin. In addition, there will be a children’s room and a children’s toilet for child cleaning.

11- There will be mosquito nets on the windows and doors of the kitchen opening to the outside.

12- Waiters and employees will wear the special clothes determined by the restaurant.

13- The restaurant will have a parking lot suitable for the customer capacity.

14- The kitchen will be designed so that customers can see it directly.

15- There will be a cloakroom with a counter sufficient for the capacity of the customer.

b) Second class restaurants

1- At least one cook with a mastership certificate will be found.

2- Kitchen will consist of three sections: preparation, cooking and dishwashing area. Hot and cold water plumbing for washing will be present.

3- The floor of the kitchen, entrance and hall will be covered with an easily cleanable, washable and disinfectable hard material such as ceramic or marble.

4- There will be sufficient installations for heating, cooling and ventilation.

5- There will be cloths and napkins on the tables.

6- The kitchen will be in a separate place from the hall, and there will be mosquito nets on the doors and windows opening to the outside of the kitchen.

7- There will be enough toilets with mirrors, sinks and liquid soap for men and women.

c) Third class restaurants

1- There will be at least one cook with a mastership certificate.

2- Kitchen will consist of three sections as preparation, cooking and dishwashing area.

3- The floor will be covered with an easy-to-clean, washable and disinfectable hard material such as ceramic, marble or mosaic.

4- Ventilation will be provided with at least an aspirator.

5- There will be enough toilets with mirrors, sinks and liquid soap for men and women.

d) Standing places to eat, places that sell food in the package and cafeterias

1- It will consist of at least two parts: the place for cooking and cleaning the pots.

2- Ventilation will be provided with at least an aspirator.

Opening a Workplace

A license is required for opening and operating a workplace.

Natural or legal persons who want to open a sanitary workplace apply to the authorized administration by filling out the forms given in Examples 1 and 2 after the workplaces are arranged in accordance with the specified conditions. The authorized administration refers to, within the scope of Article 4-a, “For areas outside the municipal boundaries and adjacent areas and the special provincial administration in the matters authorized exclusively, provincial special administration; the metropolitan municipality within the boundaries of the metropolitan municipality and adjacent areas for which the metropolitan municipality is authorized, and the metropolitan district or first degree municipality for matters other than these; the municipality within the boundaries of the municipality and adjacent areas, and the legal entity of the organized industrial zone within the boundaries of the organized industrial zone”. Real persons are individuals born with full and right birth, and legal persons are legal societies formed by real persons who come together for commercial or social purposes and have an independent personality before the law.

Within the scope of Article 12, “If it is determined that the application complies with the criteria stipulated in the Regulation, a workplace opening and working license is issued and given to the relevant person on the same day without the need for any further action.” The license is issued as shown in Example 5.

“In the application, no documents other than the information and documents specified in this Regulation can be requested during the application for opening a business and working license, and the license procedures are finalized according to the declaration in the application form.”

In the license application, the receipt document shown in Example 6 is given. “In addition, the deficiencies detected in the preliminary examination to be made by the official who accepted the application during the submission of the application and declaration form and the attached document are shown in the receipt document given to the applicant. Periods for licensing specified in this Regulation start with the submission of the missing documents to the competent authority.”

However, the license issued according to the declaration of the person concerned does not create an acquired right. In this case, the license issued under the current legislation expires if it does not meet the requirements under a legislation that comes into force later.

Finalisation of the License

In scope of Article 11, opening a workplace and operating license is hanged in the workplace in the way everyone is able to see. 

The licensed workplace is checked by the authorities within one month at the latest from the date of license issuance. If there is no control within this period, the license becomes final.

During the audit, “In case of detection of non-compliant elements and deficiencies, the workplace is given a period of fifteen days, for once, to correct these deficiencies and errors.” (Article 13). If the deficiencies and irregularities detected during this period are not corrected, the workplace is closed with the revocation of the license. In this process, “if there are false, false and misleading statements of the concerned parties, legal action is taken against them.” (Article 13).

According to the new paragraph added to the Article 32 and entered into force on 17 April 2021, unconfirmed licensed is issued for workplaces that offer hookah tobacco. The conformity certificate for offering hookah tobacco product that is necessary for the sale of offering hookah tobacco should be submitted to the authorised administration within one month as by the date of the unconfirmed license. Otherwise, the unconfirmed license is cancelled, and the workplace is shut down by the authorities. 

The procedure details and the details of necessities needed for the people (like diplomas) that are going to work in the workplace is regulated under the additional articles of this Regulation.

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Regulation on the disuse of crypto assets in payments in Turkey https://www.wiklundkurucuk.com/regulation-on-the-disuse-of-crypto-assets-in-payments-in-turkey/ Fri, 16 Apr 2021 20:18:45 +0000 https://www.wiklundkurucuk.com/?p=226516 Curabitur fringilla malesuada magna, in vehicula tortor hendrerit quis. Cras dolor odio, faucibus elementum egestas a, auctor sed nisl. Suspendisse in odio justo. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Cras ut laoreet nibh, ac luctus enim.

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Regulation on the disuse of crypto assets in payments in Turkey

Omur Boyu Ehliyet Donemi Sona Erdi

Legal Gazette No: 31456 

16 April 2021 Friday 

REGULATION 

From The Central Bank of the Republic of Turkey:

REGULATION ON THE DISUSE OF CRYPTO ASSETS IN PAYMENTS IN TURKEY

Purpose and Scope

ARTICLE 1   – (1) The purpose of this Regulation is crypto assets to not being used in payments, not to use crypto assets directly or indirectly in the provision of payment services and electronic money issuance, and to establish procedures and guidelines for payment institutions to not being used directly or indirectly to the purchase of crypto assets to storage, transfer or export platforms or platforms that offer the service to mediate the transfer of funds. 

Basis

ARTICLE 2  – (1) This Regulation is prepared on tha basis of Article 4 Paragraph 3 Subparagraph f and Article 4 Paragraph 4 of the Law numbered 1211 of The Central Bank of the Republic of Turkey dated 14 January 1970 and Article 12 Paragraph 3 and Article 18 Paragraph 6 of the Law numbered 6493 of Payment and Security Settlement Systems, Payment Systems and Electronic Money Institutions dated 20 June 2013.  

Disuse of Crypto Assets in Payments

ARTICLE 3 – (1) Due to this Regulation, crypto assets means intangible assets that are created virtually using the distributed ledger technology or a similar technology, distributed through digital networks, and not classified as fiat money, bank money, electronic money, payment instrument, security or capital market instrument.

(2) Crypto assets cannot be used in payments either directly or indirectly.

(3) No service can be provided for direct or indirect use of crypto assets in payments.

Disuse of Crypto Assets in the Provision of Payment Services and the Issuance of Electronic Money

ARTICLE 4 – (1) Payment service providers are not allowed to develop business models involving direct or indirect use of crypto assets for the provision of payment services and the issuance of electronic money, and to provide any services related to such businesses.

(2) Payment electronic money institutions cannot act as an interlocutor either for the platforms providing services of crypto asset trading, storage, transfer, issuance or for the fund transfers made from these platforms. 

Entry into Force

ARTICLE 5 – (1) These measures enter into force on 30 April 2021. 

Executive Power

ARTICLE 6 – (1) The provisions of this regulation are executided by the President of The Central Bank of Turkish Republic. 

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The military service for foreign investors in Turkey https://www.wiklundkurucuk.com/the-military-service-for-foreign-investors-in-turkey/ Wed, 31 Mar 2021 12:01:53 +0000 https://www.wiklundkurucuk.com/?p=225700 Curabitur fringilla malesuada magna, in vehicula tortor hendrerit quis. Cras dolor odio, faucibus elementum egestas a, auctor sed nisl. Suspendisse in odio justo. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Cras ut laoreet nibh, ac luctus enim.

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The military service for foreign investors in Turkey

Omur Boyu Ehliyet Donemi Sona Erdi

According to amendment on Law On Foreigners and International Protection No.6458 31th article subclause j; A short-term residence permit may be granted to those foreigners who does not work in Turkey but will make an investment within the scope and amount that shall be determined by the Council of Ministers, and their foreign spouses, his and her minor children or foreign dependent children.

 

In relation to that; according to Regulation on the Implementation of the Turkish Citizenship Law, article 20; foreigners who meet any of the following conditions would be eligible to acquire citizenship under the new regulations.

 

· Proven by Banking Regulation and Supervision Agency to have deposited at least USD 500,000 in banks operating in Turkey with the condition of not to withdraw for at least three years

 

· Proven by the Ministry of Environment and Urbanisation to have acquired an immovable property worth a minimum of USD 250,000 with a title deed restriction and minimum of USD 250,000 with an immovable sales contract of not to sell for at least three years.

 

After these amendments which eases access to Turkish citizenship for foreign investors; foreigners’ interest in Turkish citizenship has increased and the number of applications have boosted.

The biggest question mark for the foreign investors who access to Turkish citizenship is; if they need to do military service or not. Our law Office WiklundKurucuk and our team ,who have been experienced more than 100 citizenship applications ,has done many research on that question. The purpose of writing this article is answer the questions of foreign investors and relieve their minds.

 

The conditions of compulsory military services of Turkish Citizens have been regulated in Military Duty Law No.1111. According to 4th article of this law every male Turkish citizen between the age of 20 and 41 is obligated to do the military duty. 

 

However; there is an exemption for foreigners who acquired Turkish citizenship in 43rd article of this law. For those who acquired Turkish citizenship before the age of 21, should do their military duty as Turkish citizens of that age according to their age and education at the time of naturalization. If people who are citizens of other countries served their military service in where they are coming from and can prove that with the required documents they will be deemed to exempted. People who have obtained citizenship at the age of 22 years old – or older – are exempted from military service and their military service is suspended for two years from the date of naturalization, if they wish until the last year of their postponements.

 

Military service in Turkey :

People who have obtained citizenship at the age of 22 years old – or older – are exempted from military service. However; as we explained above the children(under age 18) of the applicant will also obtain the citizenship so children under the age of 18 are not exempted from military service. As specified in code,  If one ,who has obtained his Turkish citizenship before 22, served his duty military service in the country where his citizenship outside Turkey they will be deemed to exempted. For example; if a son of a Chinese Citizen who obtained Turkish Citizenship by investing, serve his Military Service duty in China he is not going to serve this duty in Turkey again. But what if this child haven’t done his military service yet?

Military Service Postponement for those who acquired Turkish citizenship and Paid Military Service

The opportunity of postponement Military Service in Turkey for those who have been abroad has been regulated in Turkish Military Duty Law No.111 article 38. According to this article;

 

For people who are residing abroad(with dual citizenship) and has been working as an employee, employer or concerning with a profession or art by having residence permit or/and work permit and those who have seaman status on foreign flagged ships.

 

In the event that they apply to the Turkish consulates with their documents that proving their status, their military service may be postponed until the end of the year in which they reach the age of 35 in accordance with the procedures and principles determined by the Ministry.

 

In other words, those who have dual citizenship rights residing in foreign countries can postpone military service until the age of 35. If foreign investors acquire Turkish citizenship later, their child under the age of 18 will benefit from this opportunity as well.

 

In addition to this matter; according to the article 39 of the same code Turkish citizens who reside outside Turkey and have worked for at least three consecutive years have the option to pay a certain fee to be exempt from mandatory military service in Turkey. This requires a fee of 5.621 EURO and a theoretical military training as of August 2020. After this amount is paid and the distance education program determined by the ministry is completed, the military service will be completed.

Military Service Issue Regarding the Sons of Foreigner Investors (under age 18) who acquired Turkish Citizenship

It is explained above that; how will be treated about mandatory military issue to those their parents acquired a Turkish citizenship by investment in detail . However it does not mean that there will be no new amendments on this topic because; probably Turkish Citizenship through Investment program will be continually amended in coming years. As explained, The government has reduced the amount specified in the law for foreign investors to invest, to give a chance to the investors who wants to acquire citizenship more easily. The purpose of this regulation is improve the number of foreign investors in Turkey. It is determined/confirmed by the government that the biggest problem for the foreign investors is the mandatory military issue in Turkey. The minister of economy made a statement about this issue and he came up with an explanation that they will make arrangements aiming solve the military problem for foreign investors. Even though there is no new regulation yet, it is apparent that the country who made important amendments and reduced the investigation amounts for foreigner investors will easily solve the military problem as well. We are keeping in touch with the Directorate General of Migration Management and they have been released the information that there will be new regulations for foreigner investors about their military issue.

 

There is an expectation that foreigner investors and their families will be held exempted from compulsory military. The minister of economy also announced that the government is making preparations to introduce a law about this topic. Doubtlessly; if there is a new development; our law firm WiklundKurucuk will make a statement and come up with new explanations.

 

By Mirkan Günay Topcu, Attorney at Law.

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