自從台中市中興街夜店(阿拉夜店)無情大火吞噬9條人命以後,中央以及地方政府開始針對新制營利事業統一發證制度執行成效進行檢討,該制度現今有「非法容易,合法難」之現象,已扭曲商業登記之本質與目的,使交易安全的保護受阻,也就是表面上看起來已完成商業登記,但實際上卻又違反都計、建管、消防及衛生等相關規定的普通現象。 本研究以問卷調查探討問題核心,其結果顯示受訪者不易分辨該場所是屬於何種土地使用分區,如申請小吃店但實際是以PUB模式經營,面對心存規避法規之業者,相關權責單位應加以重視,為不守法之業者開了一個方便之門。因此本研究建議恢復以往營利事業統一發證制度,方為解決之道。
Since the accident of ALA Night Club which took 9 lives by fire in Taichung, it has been reviewed the new system in releasing business registration certificate from central to local governments. The revised system has the situation which is the applicants are easy to break some regulations and articles and difficult to be completely legal in having registration. The revised system has actually distorted the main purpose and essence, and obstructed the protection of safety in business transaction. It seems the applicants have already had business registration, but actually they might still break the regulations in urban planning, construction management, fire control, and sanitation. This study is using social research by questionnaire to study this situation. The research result show most of the interviewees are not able to recognize the definition of places in different applications for lands. For example, they might apply the registration in “cafeteria”, but have the business in having a PUB. For those applicants who try to evade the regulations, the relevant offices of government shall consider the issues seriously, so that the applicants would not have the opportunity in evading the laws and regulations. Therefore, this research suggests to reinstate the prior system in releasing business registration certificate as the solution.