Federal Beer Law. Sale of alcoholic products - basic rules and regulations

20.10.2019

Hello, do I need a license to sell beer when opening a beer bar? And if needed, where can I get it?

Is it possible to sell beer on tap in the canteen and do I need a license for this?

Private dining room - property. Patent system of taxation. Is it possible to sell beer on tap in the canteen and do I need a license for this?

Do I need a license to sell draft beer at the moment?

Good afternoon, please tell me if you need a license and any permission to sell various beer. Were there any changes in the laws, I read from 2017 were not required, as at the moment?

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Do I need a license to sell draft beer?

Hello, I want to open a small department of various beers. I will be formalized as sp. Do I need a license?

Can a cafe that does not have an alcohol license retail beer?

Good afternoon! I want to open a beer bar where ONLY beer, mead, cider (alcohol content up to 6%) will be retailed. In this regard, a few questions: 1. Do I need to get an alcohol license? 2. If I open...

600 price
question

issue resolved

New Draft Beer Laws in 2017

Good evening, I have a draft beer store, I heard that in the new year they want to tighten the laws on the sale of beer with obligatory installation EGAIS. Do I need to remake the IP into an LLC and install a cash register - I work according to UTII. Thanks

Do I need a license to sell beer if I am an individual entrepreneur?

I am IP. I trade on the road. Do I need a license to sell beer? For cigarettes? There are no cash registers. (For every fireman);)

09 September 2016, 05:25, question #1371927 Igor, Rostov-on-Don

Do I need a license for draft beer? Do I need a license to sell bottled beer? I work as an IP

Hello! I have my own hookah bar, the business is designed as an individual entrepreneur on a simplified system, I also want to launch draft beer in a cafe. What is needed for this? Do you need a license? If you just sell bottled beer, do you also need a license? Is it possible to apply for IP?

July 26, 2016, 11:28, question #1326120 Natalia, Nizhny Novgorod

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Is it possible not to buy a license to sell beer and get around the law?

I have an individual entrepreneur and I opened a cafe on the territory of the tourist base, we buy beer in small quantities, but you can not buy a license to sell beer, you can somehow get around the law

Do you need a license to bottle beer to sell in a cafe?

Hello! We sell bottled beer in our cafe, do I need a license for it? and from what date? heard that from June 1, 2016

How much does a license for the retail sale of draft beer cost, what is needed for this?

Hello! Can you please tell me the cost of a license for the retail sale of draft beer!? And what do you need to sell draft beer around the clock

What do you need for a draft beer bar?

Good afternoon! I'm opening a draft beer shop. I have issued an IP, entered the necessary OKVED codes, I am recruiting bartenders with health books. I'm going to join EGAIS. Question: what is needed for the operation of a shop-bar legally? I understand that...

Citizens, before registering as individual entrepreneurs, think about the types of activities that they would like to carry out. Often, future businessmen opt for the sale of alcoholic beverages. But at the same time, not all of them clearly understand how alcohol is sold, what is necessary for this, and in what strict framework this type of activity is carried out.

Rules for the sale of alcohol in 2018

The process of selling alcoholic beverages in our country is strictly regulated by regulations. The legislation puts forward a number of requirements for the organization of retail outlets, connection to the Unified State Automated Information System, and also provides for the possibility of fines if companies and individual entrepreneurs fail to comply with mandatory rules. Let us dwell in more detail on the regulatory framework relating to the sale of alcoholic beverages.

The legislative framework of the Russian Federation provides for the rules for the sale of alcohol and liability for violation of these rules

Table: regulations governing the sale of alcoholic beverages

Name of law or code	Characteristic
Federal Law "On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and restrictions on the consumption (drinking) of alcoholic products in the Russian Federation" dated 11/22/1995 No. 171-ФЗ	The basic law, which sets out all the nuances of the production and sale of alcoholic beverages. Its provisions are supplemented and clarified by many by-laws of authorized bodies, which include: instructions; orders.
Federal Law "On Amendments to the Federal Law of the Russian Federation "On State Regulation of Production and Turnover ..." dated July 21, 2005 No. 102-FZ	Reports what changes have occurred in the rules of the main legislative act.
Federal Law No. 107-FZ dated July 21, 2005 “On Amendments to Part One of the Tax Code of the Russian Federation and on the Recognition as Invalid of Certain Provisions of Legislative Acts of the Russian Federation”	Corrects the procedure for calculating excises when selling alcoholic products.
Tax Code of the Russian Federation Art. 181	This article presents a list of excisable goods that relate to alcoholic products.

In our country, the sale of alcohol can be carried out by:

legal entities regardless of the form of ownership;
citizens who carry out activities retail alcohol, registered as entrepreneurs.

Strong alcohol can only be sold by organizations. The exception applies only to individual entrepreneurs who are agricultural producers. That is, they sell wines that were produced by them on their own. Both organizations and individual entrepreneurs can sell beer and other low-alcohol drinks. But it is worth remembering that wholesale Sole proprietorships cannot be engaged, unlike companies.

What is EGAIS and how to connect to it

EGAIS stands for Unified State Automated Information system. It was introduced by the state to control the processes associated with the production and circulation of alcohol in our country.

EGAIS has already been put into operation throughout our country

To connect to EGAIS, it is required (both for individual entrepreneurs and for organizations):

Buy crypto-key JaCarta.
Purchase a Qualified Electronic Signature (QES) and write it to JaCarta.
Register on the egaist.ru website and create a Personal Account there.
Free download at Personal account and install the UTM utility (universal transport module of the EGAIS system) on the computer.
Start using a commodity accounting system compatible with UTM EGAIS (for example, MySklad).

EGAIS is used as a control system for actions related to the sale of alcohol

Connection to automated system carried out via the Internet. You do not need to apply for this. A crypto key can be purchased from any organization that has the appropriate license. An electronic signature is issued at the regional branch of FSUE Center Inform or at partner companies.

To obtain an electronic signature, you will need:

extract from the Unified State Register of Legal Entities;
SNILS;
OGRN;
the passport;
the crypto key itself.

The qualified electronic signature is written to the JaCarta crypto-key

The electronic signature is valid for one year. After this period, the procedure for recording the CEP on the crypto-key will have to be repeated. The presence of several outlets for organizations or individual entrepreneurs implies the existence of a crypto-key for each of them.

Conditions for the sale of alcohol:

It is forbidden to sell alcoholic beverages, including beer, in some objects and in the territories adjacent to them:
- in children's, educational and medical institutions; sports and cultural sites; public transport of all types and at its stops;
- at gas stations;
- in markets, train stations, airports and other crowded places (this does not apply to public catering);
- at military installations.
Alcohol can only be sold in stationary retail facilities, so the building must be entered in the real estate register, i.e. stalls and kiosks are not suitable for this. When selling beer, there are no restrictions on the area. If an organization sells strong alcohol, then the following restrictions apply:
- at least 50 sq. m in cities;
- at least 25 sq. m in countryside.
The time for the sale of alcohol is limited to the period from 8 am to 11 pm, except for public catering outlets and duty-free trade zones at airports and border points. However, in many regions of the country the period of sobriety is extended and lasts from 21-22 pm to 9 or 10 am.
The sale of alcohol to minors is prohibited.

The surrounding area is land, which are adjacent directly to buildings, structures and structures. The boundaries of such territories are determined by local governments.

The label on the container with alcohol must contain different kind information, for example, the content of substances harmful to human health

Alcoholic products must contain information in Russian of the following plan:

product name;
its cost;
who is the manufacturer and its legal address;
certificate of conformity;
state standards, the requirements of which alcohol must comply with;
container volume;
the composition of the main ingredients and the content of harmful substances;
date, place of manufacture and bottling of alcohol.

The bill of lading is one of the required documents when selling alcohol

When selling alcohol, the seller must take care of the availability of mandatory documents, such as:

consignment note;
a copy of the certificate attached to the cargo customs declaration for imported alcoholic products;
a copy of the certificate attached to the bill of lading for alcoholic products, the production of which is carried out in the territory Russian Federation;
notification (for ethyl alcohol (including denatured alcohol) and bulk alcohol-containing products with an ethyl alcohol content of more than 25% of the volume of finished products);
certified by the signature of the head of the organization and (if there is a seal) by its seal a copy of the notice of advance payment of excise with a mark of the tax authority at the place of registration of the buyer on the payment of advance payment of excise or a copy of the notice of exemption from payment of advance payment of excise with a mark of the tax authority at the place of registration of the buyer on exemption from advance payment for the purchase (except for import) and supply (except for export) of ethyl alcohol and (or) cognac distillate (cognac spirit);
a copy of the contract for the supply outside the Russian Federation (in the case of production, purchase, supply, storage and (or) transportation for the purpose of export from the Russian Federation (export) of beer and beer drinks in polymer consumer packaging (consumer packaging or packaging made entirely of polyethylene) , polystyrene, polyethylene terephthalate or other polymer material) with a volume of more than 1500 ml).

Video: the latest developments in the beer trade

Responsibility of individual entrepreneurs for violations in the field of sale of beer (strong alcohol - by organizations)

The sale of alcoholic beverages to persons under the age of majority is subject to administrative liability in the form of a fine.

The fines are as follows:

for sellers - from 30 to 50 thousand rubles;
for an official - from 100 to 200 thousand rubles;
for legal entity- from 300 to 500 thousand rubles.

Supervisory authorities impose fines determined by the legislation of the Russian Federation for violations in the sphere of circulation of alcoholic products

From January 1, 2017, the production and wholesale trade, and from July 1, 2017, the retail sale of beer bottled in plastic containers with a volume of more than 1.5 liters is prohibited.

Penalties for selling beer without a cash register are:

for individual entrepreneurs and heads of organizations - from 1/4 to 1/2 of the amount of the calculation, but not less than 10 thousand rubles;
for organizations - from 3/4 to the full amount of the calculation, but not less than 30 thousand rubles.

Video: rules for the sale of alcohol

The sale of alcohol, including beer and other low-alcohol drinks, must be carried out in accordance with the rules approved by law. Individual entrepreneurs can only sell beer at retail, a special license is not required for this. The sale of strong alcohol and beer, including wholesale, is available only to companies. In addition to the above, the legislative framework defines the requirements for points of retail and wholesale of alcoholic products. In 2018, the sale of beer, including in catering, is possible only with the use of a cash register, regardless of the tax regime. In addition, it is necessary to keep a register for the sale of alcohol at retail and submit a declaration on the sale of beer in a timely manner.

From July 1, 2017 individual entrepreneurs may ban the retail sale of beer. This is reported by "" with reference to the bill prepared by the Ministry of Finance. If the law is passed, it will be a big blow for both small businesses and manufacturers.

To bookmarks

According to the document, the bill proposes amendments to Article 171 of the Federal Law on state regulation of the production and circulation of alcohol. With these amendments, the Ministry of Finance wants to ban the sale of beer and beer drinks, cider, poire, and mead in retail outlets owned by individual entrepreneurs. Only organizations will be able to trade these drinks.

As the explanatory note to the bill says, the amendments must be adopted because individual entrepreneurs do not fully declare the volume of beer retail sales. As an example, the authors of the document say that some breweries declared in 2015 a much smaller volume of beer than was sold in retail.

As explained in the Ministry of Finance, this is due to the fact that for individual entrepreneurs the penalty for failure to provide declarations is ten times lower than for legal entities.

In this regard, organizations selling beer and beer drinks, in order to evade liability, enter into fictitious lease agreements with individual entrepreneurs for the sale of these products.

From explanatory note to the bill

Representatives of brewing companies perceived this news with apprehension and bewilderment. As interlocutors from the largest beer producers in Russia told the publication, the decision to ban individual entrepreneurs from selling beer is “far-fetched”.

Moreover, the declaration of beer sales in itself is “an excessive measure, since from July 2016 all retailers, regardless of their form of ownership, must provide information on its turnover to EGAIS” (the system of state control over the circulation of ethyl alcohol and alcoholic products).

Also, representatives of the beer industry said that speaking about the difference in the declarations, the Ministry of Finance did not provide any specific figures and statistical data.

If the law prohibiting the retail sale of beer for individual entrepreneurs is adopted, both producers and owners of retail outlets will suffer from it. For example, according to the legal director of SUN Inbev (Bud, Stella Artois, Staropramen, Klinskoe, etc.) Oraz Durdiyev, individual entrepreneurs make up at least 37% of the total sales outlets of the company. The brewing company Baltika reported that they work with about 100 thousand individual entrepreneurs in the field of retail beer.

As the representatives of the companies explained, beer is one of the highest-margin goods in small retail outlets. Therefore, due to its sale, it is possible to contain the prices of socially important products. If individual entrepreneurs ban the sale of beer, this will "seriously hit legal small businesses."

Shops specializing in the sale of beer, including popular shops selling beer on tap, will suffer the most. In addition, the passage of the law will harm small brewing companies that do not have enough funds to enter large retail chains, and selling products through small retail outlets was their only chance of survival.

In the summer of 2016, the State Duma adopted a law according to which, from the same June 1, 2017, brewing companies should produce beer in plastic bottles over 1.5 liters. At the time, representatives of the beer industry said that the disappearance of beer in plastic from the shelves would lead to an increase in sales of vodka, and not the use of aluminum cans, as aluminum producers hoped for.

On September 29, 2016, the Ministry of Industry and Trade will reduce the minimum price for vodka to 100 rubles per 0.5 liter. As stated in the report of the department, the state needs to abandon some of the "excessive and unjustified" restrictions on the sale of alcoholic products.

On October 7, 2016, a draft law on the state monopoly on alcohol was submitted to the State Duma. According to legislators, the state monopoly on alcohol will help not only in the fight against the surrogate, but will also bring considerable income to the state.

Many people believe that the beer trade brings a good profit to the business owner. Is it really? The state is constantly changing the rules of the game and making it more difficult, causing many to abandon sales and move into a less regulated industry. In this article, we will look at what new beer rules entered into force due to changes in legislation and what needs to be considered before opening a new “point” for sale.

Who can sell

Before the adoption of the law, there were persistent rumors that individual entrepreneurs would be completely banned from selling a foamy drink and they would have to register an LLC. In fact, the legislators still did not dare to take this step, so the individual entrepreneur has the legal right to sell beer.

Beer can be sold at retail without obtaining a license

True, the conditions in 2017 still became more complicated. They introduced the following restrictions:

Retail sale of the drink is allowed only in stationary objects owned. Sale from mobile facilities or temporary premises is prohibited.
A store selling a drink at retail should not be located near hospitals, cinemas, theaters, schools, kindergartens and other children's, cultural, educational or medical institutions.
The sale of beer is prohibited petrol stations, in the market, at bus / railway stations, in checkpoints or crowded places.
It is impossible to engage in sales if the owner does not have the necessary documents (payment, waybills, etc.).
In the period from 22-00 to 10-00 (the ban may be regional in nature).
The sale of alcoholic beverages to persons under the age of majority is strictly prohibited.
An entrepreneur selling alcohol is required to keep records in the appropriate form (this rule is regulated by the PAP).

Innovations in the law

How will beer sales in 2017-2018? New rules for IP, which entered into force this year, regulate that entrepreneurs are required to send accurate information about how much beer was purchased to the unified state automated information system. But you no longer need to report on the number of products sold - by default, it is considered that everything purchased was sold in full. It is on the basis of EGAIS that control over the sale of goods is carried out, which makes it possible to track “left” deliveries and counterfeit goods. We will analyze who exactly should submit information through the information system:

Retail outlets selling goods within settlements.
Individual entrepreneurs who purchase a drink for the purpose of its subsequent sale at a retail outlet.
Suppliers who are engaged in wholesale sales, purchases and storage of the drink.
Public catering establishments that have permission to sell when purchasing a product (bar, restaurant, club, cafe, etc.).

Attention:It doesn't matter what kind of beer an individual entrepreneur or outlet sells - an entrepreneur must submit data on the purchase of both piece and draft products.

Beer can be sold at a distance from certain places and establishments

Failure to provide data to EGAIS

So, we have decided on who has the right to implement and how to report. Now let's consider what sanctions can be applied to an entrepreneur who has violated the relevant norms. If an individual entrepreneur does not work with the system or transmits deliberately incorrect data to it, then a fine of 10-15 thousand rubles is imposed on him. It should be borne in mind that there are several categories of IP for which a certain delay applies. Entrepreneurs working in rural areas are not required to submit data until July 1, 2017 (after July 1, the delay no longer works). From 01/01/2018, individual entrepreneurs working in the Crimea and Sevastopol will have to connect to the system, after which the grace period will be completely canceled.

Do I need a license to trade

Many businessmen are wondering: do I need a license to sell low-alcohol products? This rule is regulated the federal law No. 171 (Article 18). It states that as of 2018, a license is not needed to sell beer, so there is no need to purchase it (but deputies constantly talk about the possibility of introducing this rule, so we recommend that you monitor possible changes). If the norm is adopted and enters into force, and the individual entrepreneur does not have a license, then this threatens with serious fines and even the closure of the business.

Output

Above, we have considered all the controversial issues andNow here are the main theses that should be taken into account in the activity:

The sale of a foamy drink can be carried out by both LLC and officially registered individual entrepreneurs.
The LLC has the right to wholesale, store or purchase goods, while the entrepreneur purchases beer only for retail.
As of 2017-2018, a trading license is not required.
Sale is allowed at a certain distance from schools, kindergartens, hospitals and public institutions.
The purchase is carried out only by individual entrepreneurs or LLCs connected to EGAIS.
From April 1, 2017, beer can only be sold at points equipped with a cash register.
An individual entrepreneur or LLC receives OKVED-2 codes for work.
An individual entrepreneur is obliged to keep a log of sold alcoholic products and submit it to the relevant authorities.

In contact with

The ban on sale in tents and kiosks has led to a decrease in the consumption of packaged beer. But the number of outlets with draft offers is constantly growing. If the store format and location are chosen well, this business brings good income.

Relatively low entry threshold and quick payback- a feature of the beer business. But it’s not enough to know how to open a draft beer store from scratch. To avoid having to close it after a year, you need to take into account the legislative nuances. There are two main forms of beer retail:

catering point: bar, cafe, pub, restaurant - spill and use at the point of sale;
store: retail space, a place in a supermarket - takeaway retail.

For the first, there are no restrictions on the time of work and location. Attendance is more stable, less seasonal fluctuations. But financial expenses pretty high. Take-away beer retail is more seasonally sensitive, yet it is consumed less in winter. The costs, however, are substantially lower, and there is also the potential to save on taxes and rent, since a large area is not required. If you choose a store, you need to understand:

where is it better and in what format to open it
in what order and how to register a point
Is it profitable to open a franchise business?

Store Format

Since 2013, sales have been prohibited at non-stationary trade points - pavilions, kiosks, summer tents. It was through them that most of the so popular "live beer" was sold. Now for trading use:

non-residential premises of houses, arranging small retail outlets;
rented space or retail space in a supermarket;
specialized stores in a separate building or part of it.

Shop in a residential building

The traditional type of beer retail. The most advantageous is the location in a residential high-rise area, or places of mass congestion of a youth audience. The entrance is obligatory from the street, the area of the store is from 30 to 50 sq.m. The territorial coverage is small, within a radius of 400 to 800 m. The assortment includes up to 10 varieties, the focus is on the middle, low price category, popular brands of local producers. It really depends on the season, the proximity of competitors.

Renting a retail space in a supermarket

An obvious plus is a large through traffic. The most successful place is the location opposite the grocery checkout or near the entrance. The cost of rent, of course, is higher, but you don’t need a lot of space to accommodate equipment: usually 5-12 squares are enough, from 5 to 15 beers are sold, more than half of them are inexpensive. In advance, you need to take a closer look at who goes to the store, what kind of contingent it is: the bulk of potential buyers are men from 20 to 40 years old.

According to the magazine "Pivnoe delo", after 2013 the redistribution of buyers actively changed in favor of modern species sales, flowing into mini and supermarkets. Now this process has slowed down, but their share already significantly exceeds the share of traditional types of retail stores walking distance.

Specialty beer shop

The location of a luxury store is usually chosen in the center, next to the prestigious shopping malls. Held good repair, design and clothing of staff reflect a certain flavor, the range is as wide as possible, contains 20-30 varieties of drink, including non-alcoholic varieties. A solid shop equipment, cooling chambers, defoamers, racks for fish, cheese, shrimps. The share of revenue from related sales is about 25%.

Store opening step by step

In general, it differs little from the organization of other types of trade, with the exception of one feature. Beer belongs to alcoholic beverages, its circulation is limited by the relevant law (No. 171-FZ, 11/22/1995). Below we will look at what it takes to open a draft beer store, where to start, and several options for franchising. If you do everything in order, then you need:

choose a location, taking into account restrictions and prohibitions;
register an enterprise; choose a taxation system;
obtain the necessary approvals, notify of the commencement of activities;
prepare and place in the store all the required documents.

Restrictions on area, location, mode of trade

The location actually determines the entire chain: the number and contingent of buyers, assortment, price category, choice of suppliers, and ultimately revenue. Note that the choice is limited.

The premises for sale must be stationary; Own or rented, it doesn't matter. It should be a building (part of it) on a foundation, connected to utilities.
Minimum Requirements on the total area are absent, however, a separate trading place must be allocated and warehouse space.
Stores cannot be placed:
in children's, educational, medical, sports institutions and in the territory adjacent to them; the list includes camps, tourist bases, sports complexes, youth palaces - regardless of whether they are public or private; hospitals, polyclinics, ambulance stations (except pharmacies); stadiums, sports facilities;

in crowded places: at stations, bus stops, waiting rooms, metro, cultural and recreation organizations; the prohibition does not apply to the sale of beer at the same time as the provision of catering services.
Regularly there are questions about the definition of the allowable distance. It is established by the order of local authorities, as well as the list of relevant objects. IN different regions: from 25 m to 150 m. Measured from the store entrance to the property door, or the entrance to the territory if it is fenced.
Trading is prohibited from 11 pm to 8 am. Regional authorities may impose additional restrictions, up to a complete ban. The restriction does not apply to low-alcohol drinks (up to 0.5%).

Company registration and registration

Organizations and private entrepreneurs can transport beer and sell it at retail. The latter - do not have the right to engage in production, wholesale, import. If large scales are not planned, the easiest way is to register as an individual entrepreneur at the place of residence. It will take no more than 5 days, they will automatically register with the FIU, FFOMS. Benefits: simplification financial statements and cash discipline.

See how the EGAIS system works in the retail sale of alcohol

Own business or franchise?

At the start, almost every entrepreneur considers such an option as opening a franchise draft beer store. The advantages of using a proven business model are known, it saves:

on advertising (designed brand, symbols, branded clothes);
on the purchase of equipment (often included in the franchise package);
on the price of the product (supplier discounts due to large purchase volumes).

There are also disadvantages. Some sellers ready business set limits: by the population of the city, by location. It is not always possible to find a suitable format, assortment, and it is often more profitable to work with local suppliers. Below is short description three draft beer franchises.

"Buchen House". The cost of a lump-sum contribution is 10,000 (up to 10 varieties) - 60,000 (more than 20 varieties) rubles. The premises and equipment are provided independently. Centralized deliveries, in the range of up to 30 imported (Germany, Czech Republic, Belgium) and Russian brands. It is possible to reduce the contribution to zero, the amount of royalties is negotiated individually.
"Beer Boutique". The entry fee is from 185,000 rubles, includes: repair and decoration of the premises, installation of a bar counter, equipment rental, first delivery of goods, staff training, assistance in accounting. Rent of premises (8-12 sq.m.) at the expense of the franchisee. There are no royalties, but there are deductions for advertising.
"Beer&Co". Initial payment from 300,000 rubles, royalty-free. Own investments - from 1,100,000 rubles. Specialized shops, area 50 - 120 sq.m. The assortment of drinks and snacks (snacks, seafood) is issued in the corporate style only from one supplier "Pivzavoz".

If the concept of a franchise fits well into the plans, this is a convenient option. But many merchants choose independence and the ability to flexibly manage their business.

Addition

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