The expanded certificate requirement has also been in effect in bars and restaurants since Monday. A Thurgau bar is now announcing that it will also serve people without a certificate in the “self-help group for victims of discrimination”.
A Thurgau bar defends itself against the certificate requirement.
She closes her bar and now uses the premises for group meetings of the “self-help group for victims of discrimination”.
The positive comments are piling up under the bar’s Facebook post.
Two lawyers point out that the project could have some legal loopholes.
Just in time for the introduction of the compulsory certificate on Monday: The Thurgau bar “Joe’s Bar” announces the closure of the bar on Facebook. Instead, the premises are now to be used for group meetings of a “self-help group for victims of discrimination”. The former bar advertises it, to welcome all guests – even those without a certificate. It is referred to a maximum of 50 people in the restaurant.
The post was shared over 500 times during the course of Monday, the majority of the comments on the Facebook post were positive: “Absolutely awesome”, “Possibly a reason to go to Diessenhofen” and “Unfortunately not near me, but great Thing! », Write fans. Another user seems to be a little cautious: «I think that’s great! But how is that supposed to withstand legally, what if the police are at the door? ”
Selling drinks would be illegal
The plan to bypass the certificate requirement with a list, St. Gallen attorney Patrick Stach says that the law does not stand up to legal scrutiny. There are basically no legal requirements for a self-help group. But: “Only meetings of established self-help groups in the areas of addiction control and mental health are exempt from the certificate requirement.”
The prerequisites for this are clearly regulated: a maximum of 50 people are allowed to participate, at the same time the institution is allowed a maximum of two-thirdsn their capacity to be occupied. In addition, it is mandatory to wear a mask and the contact details of the people present must be collected. And: No food or drinks may be consumed. “It is therefore out of the question that the bar – with the serving of beverages – continues in a legal manner without the requirement of a certificate under the pretext of the self-help group,” says Stach.
“Activities requiring authorization for which the certificate requirement applies”
The legal scholar and former rector of the University of Lucerne, Paul Richli, agrees with Stach and adds: “In the canton of Thurgau, the hospitality law comes into play under these circumstances.” Exceptions are only made for club premises that are operated exclusively in the context of non-public club events. This presupposes that no public advertising is made and that not all people who want to come are allowed.
The bar published the announcement on Facebook and generally welcomed everyone. “The exception does not apply, the bar remains subject to the catering law. This means that the operation remains an activity that requires a license and is subject to a certificate ”, says Richli.
The landlady of the business, the owner J. S. *, did not want to comment on this after 20 minutes’ request.
Dhe case is already known to the city council of Diessenhofen. They are in contact with the restaurant and have already threatened to withdraw their patent. According to the city council, the bar’s plan is not permissible, but rather a circumvention of applicable law. It violates good faith and the hospitality law of the canton of Thurgau.
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