WILLEMSTAD – On March 19, 2025, the Council of Ministers approved the lifting of the moratorium on Toko’s and Minimarkets. This means the previous decision to stop issuing business establishment permits for these types of food retail outlets has been revoked. The moratorium was originally introduced in October 2014 to address irregularities within the sector.
According to the decision published by the Council of Ministers on March 19, 2025, any applicant wishing to open a food retail business must now comply with the specific definitions set for different types of such establishments. The classifications include: Toko, Minimarket, Supermarket, Hypermarket, and Convenience Store.
To apply for a business license for any of these types, it is necessary to provide a copy of the location’s building permit or proof of approval for a change of use. For example, this applies when converting a location from a restaurant to a Toko or Minimarket.
Categories of Food Retail Establishments
To properly assess license applications and changes of use, the following categories of food retail establishments are defined:
Hypermarket
A large self-service store with a sales floor of more than 1,000 m², selling not only food but also a wide range of department store items. Some products are sold in bulk.
Supermarket
A relatively large self-service store with a sales area between 400 and 1,000 m², smaller than a hypermarket. It sells groceries such as fresh produce, bread, meat, beverages, packaged goods, and household items. Article 1, paragraph 4 of the Leges Ordinance defines a supermarket as “a self-service location with more than two cash registers.”
Toko/Minimarket
A small store with a sales area of less than 400 m², selling primarily food products and a limited range of other items. These businesses serve nearby residential areas and may operate as self-service or service counters. Alcohol sales may or may not be offered. According to the Leges Ordinance, a Toko or Minimarket is defined as “a service location” or “a self-service location with a maximum of two cash registers.”
Convenience Store
A small shop with a sales area under 100 m² offering coffee, food, snacks, beverages, newspapers and magazines, tobacco products, toiletries, and over-the-counter medicine. These stores may sell alcohol and are commonly found on street corners, at gas stations, or in tourist areas. They often have extended opening hours, operating late at night or 24/7 for customer convenience.
The same definitions apply to food establishments located within larger complexes such as shopping malls or tourist resorts. When assessing spatial planning requirements, the Ministry of Traffic, Transportation, and Urban Planning (VVRP) considers shared parking facilities and other spatial factors.
