Federal law on the sale of beer. Permission to open: fire safety. Who can sell

The rules for the sale of alcoholic beverages are strictly regulated by the existing legislation of our country.

Retail outlets that carry out this type of activity must strictly comply with existing laws, since violation of them may provoke administrative liability and the imposition of large fines.

Alcohol Sales Law 2018

This year, the existing law defining the rules for the sale and circulation of alcoholic products is undergoing some changes - a ban has been introduced on the production and sale of alcohol-containing products that are packaged in PET containers with a capacity of more than 1.5 liters.

Specifically, from the beginning of the year it is impossible to sell and buy this type of alcohol in wholesale volumes, and from July 1, a ban on retail sales of products is also introduced.

With such a ban, liability for its violation was also introduced.

Please note: from the beginning of 2018, when carrying out the production and wholesale trade of prohibited products, and from July 1 and retail, a fine will be imposed with the possibility of confiscation of the alcohol on the balance sheet.

Using the EGAIS system

Selling alcohol using a cash register

According to the new rules, from this year it is possible to sell alcoholic beverages in Russia only using the EGAIS system.

The EGAIS system was created and implemented to regulate the sale and production of alcoholic products, pure ethyl alcohol, and alcohol-containing products.

Control over product turnover begins at the stage of its exit from production - ordering delivery from its manufacturer.

Programs that support EGAIS are installed on the computers of manufacturing plants, wholesale companies and cash registers of points of sale.

One of the important aspects of the possibility of installing this system is the availability of an Internet connection. In the event of interruptions in the Internet, the program saves all data on the receipt and sale of goods, and after the network is restored, the saved data will automatically be transferred to a common server.

Specialist's note: Alcoholic beverages on sale must have a brand with a barcode applied to it. Each barcode carries information about the manufacturer, manufacturing licenses and other necessary information.

Upon receipt of the goods retail outlet Data on quantity and name is entered into a specialized program; only after this stage can alcohol be put up for sale.

When selling alcohol, the check issued to the buyer contains complete information about the product, and data on the transaction with the product is recorded by the EGAIS system.

Requirements for a point of sale

The presence of a warehouse at the point of sale is strictly mandatory

One of the most important points that is especially worth paying attention to if you are a novice entrepreneur is that the form of activity of a person selling alcoholic beverages can only be registered as an open or closed joint-stock company.

An exception is the sale of beer drinks - the owner can register as an individual entrepreneur.

Also, a retail outlet selling alcoholic beverages must meet the following requirements:

It cannot be placed near any sports and cultural institutions (except for public catering outlets), at transport stops, gas stations, or in crowded places.
A prerequisite is the presence of a registered cash register, through which the fact of sale of any product is recorded.
Advertising of any type of alcohol-containing products is prohibited on the territory of the retail outlet.
It is mandatory to have a warehouse for products of at least 50 square meters.

Important to know: According to the law of the Russian Federation, it is prohibited to sell alcohol, tobacco products and beer to young people under 18 years of age.

Sales rules

Limiting the sale of alcohol at night

The sale of alcoholic products is regulated by the following norms and rules:

Sale of goods to minors is prohibited. This clause of the law is one of the most important and significant, since for its violation the largest amount of fine and other penalties are provided for a legal entity. If there are any doubts about the buyer's age, the seller has the right to refuse the sale if the client is unwilling to provide a document confirming his true age.
The sale of such goods is prohibited from 11 pm to 8 am local time. Exceptions may include agricultural producers and individual entrepreneurs selling beer and similar drinks when providing services that fall under the definition of public catering;
The sale of alcohol is permitted only if there is a license to carry out this type of activity, which indicates the legal and individual, having the right to trade, the physical location of operations, as well as the validity period of the permit.

Responsibility for violation

According to the law of the Russian Federation, it is prohibited to sell alcohol, tobacco products and beer to young people under 18 years of age.

Violation of the rules for the sale of alcohol may result in administrative liability.

The imposition of a fine and the confiscation of sold alcoholic beverages with the revocation of the license may be carried out in the following cases:

failure to comply with the requirements for the location of a retail outlet;
selling goods without a trade license;
lack of a cash register at the point of sale;
non-implementation cash transaction(receipt does not run) when dispensing alcohol;
when selling alcohol at an unspecified time;
dispensing alcohol to a person under the age of majority.

Please note: As the owner of a retail outlet that sells alcohol, it is very important to instruct your employees on the main points of violations, since the law stipulates that the fine is imposed on the businessman, and not on hired workers.

How to get a license

A legal entity has the right to obtain a license to sell alcohol.

To do this, you must submit the necessary documents to the relevant tax authority:

application for a license;
documents on registration and tax registration;
bank account details;
confirmation of the absence of tax arrears;
lease agreement or ownership of a retail outlet;
documents confirming the existence of the relevant requirement authorized capital;
conclusions of the relevant services that the retail outlet complies with sanitary, fire and environmental standards.

Please note: The duration of the obtained license to sell alcohol can be from one to three years. If the permit expiration date is approaching, you need to submit documents to extend it.

Penalty for selling without a license

For selling alcohol without a license, individuals and legal entities may be subject to a fine determined in accordance with the existing Federal Law regulating the rules of alcohol trade.

For an individual entrepreneur, a fine of ten to fifteen thousand rubles may be imposed, for open and closed joint stock companies this amount can reach three hundred thousand rubles.

Worth noting: In addition to imposing a fine for selling alcohol without a license, all alcohol-containing goods sold may be confiscated.

The sale of alcohol is considered very profitable business, bringing stable profits of a significant size. However, in pursuit of even more earnings, you should not neglect existing laws, norms and prohibitions, otherwise the consequences may not in the best possible way affect you and your business.

We bring to your attention a video report dedicated to the rules for the sale of alcoholic beverages and new requirements in 2018:

Can an individual entrepreneur start selling beer?

Let us answer right away that individual entrepreneurs has the right to sell beer. Why does such a question even arise? Are there any prohibitions on the sale of alcohol related to the legal form of the seller (individual entrepreneur or LLC)? There really is such a ban; it is established by Article 16 of Law No. 171-FZ of November 22, 1995.

According to it, only organizations are allowed to sell strong alcohol. Why this is so is not explained, but the fact remains that only legal entities have the right to trade in strong alcoholic drinks and wines. An exception is made only for individual entrepreneurs - agricultural producers who sell wines and champagne of their own production.

Regarding the sale of beer, the same article states that “Retail sales of beer and beer drinks, cider, poiret, mead are carried out by organizations and individual entrepreneurs.” Please note - this is a retail sale! The fact is that there is also a provision in Article 11 of Law No. 171-FZ, and it allows the wholesale trade of alcohol and beer only to legal entities.

Thus, individual entrepreneurs have the right to sell beer and beer-based drinks only at retail. And in order to produce and sell beer without restrictions, you need to register a company.

Do I need a license to sell beer?

But here everything is simple - a license to sell beer is not required. Again we read Law No. 171-FZ, Article 18 on the issuance: “... with the exception of the production and circulation of beer and beer drinks, cider, poire, mead.” So, selling beer without a license in 2019 does not threaten anything, no sanctions are provided for this. True, certain restrictions and requirements for organizing the sale of beer still exist, and we will talk about them further.

Terms of sale of beer

This is perhaps the most important information that you should familiarize yourself with before organizing a beer trade. Considering that beer is an alcoholic drink, it is understandable that it should not be available at any place and time.

Beer alcoholism develops quickly and unnoticed, which is especially dangerous for children and women. And if for beer traders large sales volumes mean profit, then buyers of the foamy drink pay for their excessive consumption with their health. We must be understanding of the prohibitions established in Article 16 of Law No. 171-FZ; ultimately, they act for the benefit of the entire society.

children's, educational and medical institutions;
sports and cultural facilities;
public transport of all types and its stops;
markets, train stations, airports and other places of mass gathering of citizens (with the exception of catering establishments);
military facilities.

2. Beer can only be sold in stationary retail establishments, so the building must have a foundation and be entered in the real estate register. That is, temporary structures such as stalls and kiosks are not suitable for selling beer, with the exception of catering establishments. As for the area of a retail facility, if, in addition to beer, strong alcohol is sold, then the following restrictions apply:

not less than 50 sq. m. in cities
at least 25 sq. m. in rural areas.

When selling only beer, there are no space restrictions.

3. Beer sales hours are limited to the period from 8 a.m. to 11 p.m., except for public catering outlets.

seller - from 30 to 50 thousand rubles;
official (individual entrepreneur or head of an organization) - from 100 to 200 thousand rubles;
legal entity - from 300 to 500 thousand rubles;

If there is any doubt about the buyer's age, the seller must request identification. In addition, selling beer to minors may result in criminal liability. Please note that police often conduct control raids involving young people in order to provoke such illegal sales. It's better to play it safe and ask for a passport, even if the buyer looks old enough.

5. From January 1, 2017, the production and wholesale trade is prohibited, 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. Fines for violation: from 100 to 200 thousand rubles for individual entrepreneurs and from 300 to 500 thousand rubles for legal entities.

6. Additional restrictions on the sale of beer may be established by local authorities. Thus, in many municipalities the sale of beer is prohibited in retail outlets located in multi-apartment buildings. residential buildings. We recommend that before you start selling beer, you find out all the rules from the local administration or the Federal Tax Service.

EGAIS - beer sales

EGAIS is a state system for monitoring the production and circulation of alcohol. Is EGAIS needed to sell beer? Yes, of course, but in a limited format. Organizations and individual entrepreneurs purchasing beer for further retail sale are required to connect to the system only to confirm purchases of wholesale quantities from legal manufacturers and suppliers.

To connect to EGAIS, you need to obtain a special electronic signature and register on the official website of Rosalkogolregulirovanie. We talked in detail about how to do this. After registering in the system, the buyer receives his identification number(ID), and the supplier issues invoices for it, reflecting them in the Unified State Automated Information System. After the consignment of goods is accepted by the buyer, the supplier writes off the delivered products from its balances in the Unified State Automated Information System, and it is recorded for the buyer.

Confirmation of the fact of sale of each bottle of beer, as is the case with strong alcohol and wine, is not required, so trade in beer through EGAIS is easier to register than other alcoholic beverages. The main thing here is to confirm that the wholesale batch of beer was purchased legally.

Please note that selling beer without a cash register is punishable separately under Article 14.5 of the Code of Administrative Offenses of the Russian Federation:

for individual entrepreneurs and heads of organizations - from ¼ to ½ of the settlement amount, but not less than 10,000 rubles;
for organizations - from ¾ to the full amount of the settlement amount, but not less than 30,000 rubles.

New OKVED codes for beer trade

Please note that when registering individual entrepreneurs and LLCs, only the classifier is used. To indicate activities related to beer trade, use the new 2019 OKVED codes.

For wholesale beer trade:

46.34.2: Wholesale trade in alcoholic beverages, including beer and food grade ethyl alcohol;
46.34.23: Wholesale trade in beer;
46.17.23: Activities of agents in the wholesale trade of beer.

For retail beer:

47.25.1: Retail sale of alcoholic beverages, including beer, in specialized stores;
47.25.12: Retail sale of beer in specialized stores.
47.11.2: Retail trade of non-frozen products, including drinks and tobacco products, in non-specialized stores;

For selling beer in public catering:

56.30: activities of bars, taverns, cocktail lounges, discos and dance floors (with predominant service of drinks), beer bars, buffets, herbal bars, drinks vending machines.

Important: if you registered an individual entrepreneur or LLC before July 11, 2016, then you do not need to make any changes to the codes; the Federal Tax Service will independently correlate your previous and new OKVED codes entered in the registers.

But if you decide to start selling beer after mid-2016, and the corresponding codes were not entered immediately upon registration, then you must report the new type of activity using forms (for individual entrepreneurs) and P13001 or P14001 (). In this case, indicate the codes according to OKVED-2, as indicated above.

Reporting on beer sales

From January 1, 2016, sellers of alcoholic beverages, including beer, are required to keep a log of retail sales. The form of the journal and the procedure for filling it out are approved by Order No. 164 of Rosalkogolregulirovanie dated June 19, 2015.

The log must be filled out daily, no later than the next day after the sale of each container or package of alcohol, including beer. At the end of each day, fill in sales data: name, product type code, volume and quantity. This is what a sample journal looks like, posted on the website of the state organization FSUE "CenterInform", which issues an electronic signature for connecting to the Unified State Automated Information System.

For the absence of a journal or its incorrect maintenance, a fine is imposed - from 10 to 15 thousand rubles for individual entrepreneurs and from 150 to 200 thousand rubles for organizations.

In addition, based on the results of each quarter, no later than the 20th day of the next month (April 20, July, October, January, respectively), it is necessary to submit a declaration on beer turnover to the Rosalkogolregulirovanie in form No. 12. The declaration form and the rules for filling it out were approved by the Government Resolution dated August 9, 2012 No. 815.

Let's summarize:

Not only organizations, but also individual entrepreneurs can sell beer, however, only retail trade for final consumption is allowed for them.
A license to sell beer is not required.
Take into account the legal restrictions on place, time and range of customers when selling beer.
It is impossible to legally purchase a batch of beer for further sale without connecting to EGAIS, so you must register on the Rosalkogolregulirovanie website. After this, the system will need to confirm the fact of purchasing a batch each time and reflect the remaining product.
From March 31, 2017, the sale of beer, including in public catering, is possible only with the use of a cash register, regardless of the tax regime.
Since July 11, 2016, only OKVED-2 is used for registration purposes. Indicate OKVED codes for the sale of beer from our selection, they correspond to the current classifier.
Keep a record book for alcohol retail and submit beer sales declarations in a timely manner.

Citizens, before registering as individual entrepreneurs, think about the types of activities that they would like to carry out. Often, future businessmen choose to sell alcoholic beverages. But at the same time, not all of them clearly understand how alcohol is sold, what is necessary for this and within 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 for failure to comply with mandatory rules by companies and individual entrepreneurs. 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 rules for the sale of alcohol and liability for violation of these rules

Table: regulations governing the sale of alcoholic beverages

Name of the law or code	Characteristic
Federal Law “On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and restrictions on the consumption (drinking) of alcoholic products in the Russian Federation” dated November 22, 1995 No. 171-FZ	The Basic Law, which sets out all the nuances of the production and sale of alcoholic products. 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	Informs what changes have occurred in the rules of the main legislative act.
Federal Law “On introducing amendments to part one of the Tax Code of the Russian Federation and on invalidating certain provisions of legislative acts of the Russian Federation” dated July 21, 2005 No. 107-FZ	Adjusts the procedure for calculating excise taxes on the sale of alcoholic beverages.
Tax Code of the Russian Federation Art. 181	This article presents a list of excisable goods that relate to alcoholic beverages.

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

legal entities regardless of their form of ownership;
citizens engaged in the retail sale of alcohol, registered as entrepreneurs.

Only organizations have the right to sell strong alcohol. The exception applies only to individual entrepreneurs who are agricultural producers. That is, they sell wines that they produced themselves. Beer and other low-alcohol drinks can be sold by both organizations and individual entrepreneurs. But it is worth remembering that individual entrepreneurs cannot engage in wholesale sales, 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 processes related to the production and circulation of alcohol in our country.

Unified State Automated Information System (EGAI) has already been introduced throughout our country.

To connect to EGAIS you need (both for individual entrepreneurs and organizations):

Buy a JaCarta crypto key.
Purchase a qualified electronic signature (CES) and record it on JaCarta.
Register on the website egaist.ru and create a Personal Account there.
Free download in Personal account and install the UTM utility (universal transport module of the EGAIS system) on your computer.
Start using a commodity accounting system compatible with UTM EGAIS (for example, MoySklad).

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

Connection to the automated system is carried out via the Internet. You do not need to submit an application 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 the FSUE Center Inform or at partner companies.

To issue an electronic signature you will need:

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

A qualified electronic signature is recorded on the JaCarta crypto key

The electronic signature is valid for one year. After this period, the procedure for recording the EPC on the crypto key will have to be repeated. The presence of several retail 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 prohibited to sell alcoholic beverages, including beer, in some facilities and in the areas adjacent to them:
- in children's, educational and medical institutions; sports and cultural sites; public transport of all types and at its stops;
- at a gas station;
- in markets, train stations, airports and other crowded places (this does not apply to catering establishments);
- at military installations.
Alcohol can only be sold in stationary retail establishments, so the building must be included in the real estate register, i.e. stalls and kiosks are not suitable for this. There are no space restrictions when selling beer. If an organization sells strong alcohol, the following restrictions apply:
- not less than 50 sq. m in cities;
- at least 25 sq. m in rural areas.
The sale of alcohol is limited to the period from 8 a.m. to 11 p.m., except for public catering outlets and duty-free shopping areas at airports and border checkpoints. However, in many regions of the country the period of so-called sobriety is extended and lasts from 21–22 pm to 9 or 10 am.
The sale of alcohol to minors is prohibited.

The adjacent territory is those land plots that are directly adjacent to buildings, structures and structures. The boundaries of such territories are determined by local governments.

The label on a container of alcohol must contain various types of information, for example, the content of substances harmful to human health

Alcohol products must contain the following information in Russian:

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

The consignment note is one of the necessary documents when selling alcohol

When selling alcohol, the seller must ensure that he has the required documents, such as:

waybill;
a copy of the certificate attached to the cargo customs declaration for imported alcoholic products;
a copy of the certificate attached to the consignment note for alcoholic products, the production of which is carried out on the territory of Russian Federation;
notification (for ethyl alcohol (including denatured alcohol) and unpackaged alcohol-containing products with an ethyl alcohol content of more than 25% of the volume of the finished product);
certified by the signature of the head of the organization and (if there is a seal) a copy of the notice of advance payment of excise duty with a mark tax authority at the place of registration of the buyer about payment of the advance payment of excise tax or a copy of the notice of exemption from payment of advance payment of excise tax with a mark of the tax authority at the place of registration of the buyer about exemption from payment of advance payment for the purchase (except for imports) and supplies (except for exports) of ethyl alcohol and (or) cognac distillate (cognac alcohol);
a copy of the supply agreement 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 containers (consumer containers or packaging made entirely of polyethylene , polystyrene, polyethylene terephthalate or other polymeric material) with a volume of more than 1500 ml).

Even the sale of beer must be carried out with the presence of cash register equipment

To sell strong alcohol you need the following:

cash program;
two-dimensional bar code scanner for Unified State Automated Information System;
fiscal recorder with QR code printing function.

Table: approximate cost item when connecting to EGAIS

Organizations and individual entrepreneurs in rural settlements of the Republic of Crimea were exempted from the Unified State Automated Information System until January 1, 2018, but now they are also required to register in the automated system.

EGAIS is not used at all:

producers of beer, beer drinks, cider, poiret and mead with a volume of no more than 300 thousand deciliters per year;
producers of wine and sparkling wine (champagne) from their own grapes;
In terms of recording sales, EGAIS is not provided for individual entrepreneurs selling retail beer, beer drinks, cider, poire and mead, as well as for public catering organizations (cafes and restaurants).

Responsibility for activities without appropriate documents and registration in EGAIS

The legislation provides for a procedure for maintaining a log of the volume of alcoholic beverages. The absence of such a journal may be considered a violation of accounting procedures.

In some cases, violation of the rules for the sale of alcohol can lead to license revocation

If the information in the automated system is recorded incorrectly or there was no connection to it at all, the organizers of the sale of alcohol will be held administratively liable in the form of a fine:

for entrepreneurs and officials of organizations - from 10 to 15 thousand rubles;
for organizations - from 150 to 200 thousand rubles.

If an entrepreneur or organization repeatedly ignores the requirements for working with the system, including connecting to the Unified State Automated Information System, then they face the risk of losing their license. Without a license, they cannot engage in this type of activity. Licenses are revoked only on the basis of a court decision.

Organization of beer sales for individual entrepreneurs in 2018

It is worth recalling that individual entrepreneurs have the right to engage only in the retail sale of beer, while wholesale trade is prohibited for them.

Individual entrepreneurs have the right to sell beer and low-alcohol drinks

Features of using EGAIS by entrepreneurs selling beer (including in public catering):

traders must connect to the automated system only to confirm purchases from suppliers;
they are not required to provide sales data;
there is no need to purchase special equipment (barcode scanner or fiscal recorder);
There is no reason code for registration. This means that you only need JaCarta with electronic signature, and she can be at home;
the obligation to maintain a retail sales register. When trading by the glass, data is entered into the journal when the container is opened (the full weight and volume of the container is entered).

The register of alcoholic beverages can be kept either in paper or electronic form.

Features of keeping an accounting log:

registration is carried out in the place where trade is carried out;
filled daily, but no later than the day following the sale of each unit of container or after its opening;
completed on paper or electronically.

The accounting log is filled out as follows:

No. - enter the record number in order.
Date of retail sale of each unit.
Barcode.
Product name.
Product type code (in accordance with the product type classifier).
Container for consumer packaging.
Quantity (pieces).

Individual entrepreneurs and organizations are required to present a log book for alcoholic beverages upon request.

The log is not registered. It must be kept in places where beer is sold and presented at the request of regulatory authorities. In addition, the entrepreneur undertakes to submit a declaration on beer turnover in Form No. 12 to Rosalkogolregulirovanie. This must be done at the end of each quarter, no later than the 20th day of the next month. As for filling out this document, it is almost identical to filling out in the case of selling strong alcohol. The difference is that there is no need to specify vendor licenses.

Video: latest changes in beer trade

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

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

The following fines are expected for selling beer without a cash register:

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

Video: rules for selling 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. Sales of strong alcohol and beer, including wholesale, are available only to companies. In addition to the above, the legislative framework defines the requirements for points of retail and wholesale sale of alcoholic beverages. In 2018, the sale of beer, including in public catering, is only possible using 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.

Private entrepreneurial activity one of the ways to survive in a crisis. This is not just a way to earn a living, but also a very promising direction for creating the future. Whether such a business complies with the legislation of the Russian Federation is another question that interests many.

Legislative framework

IN regulations Beer sales activities are regulated by Federal Law No. 171, which clearly defines the requirements for a private entrepreneur to sell alcoholic beverages. From the law it is worth taking into account the list of restrictions:

The sale of the product cannot be carried out in the vicinity of educational institution, regardless of its type;
The sale of beer is prohibited at bus stops;
It is strictly prohibited to sell drinks at mobile outlets. Any alcohol with a strength of more than 5% can be sold in supermarkets of a given area.

The law contains an amendment regarding the actions of local governments; it allows them to introduce regional regulations aimed at beer sales activities. Because of this, an entrepreneur in each region should study in more detail the requirements for future activities and only after that make decisions on its implementation.

Retail sales are possible only after business registration. An entrepreneur must obtain the status of a legal entity.

Do I need permission?

Legal sale of beer is carried out after collecting the package of documents established by law. Trading activities require obtaining a permit, but acquiring a license is not necessary; this need is not fixed by law.

What documents will you need to collect?

To acquire the right to sell beer, an entrepreneur will need to collect a package of documents, including:

Information about products sold.
Confirmation of beer quality.

The quality of beer depends on the trading company with which you interact. Supplier partners must be registered and undergo a series of checks. You will need to have on hand a declaration of the quantity of the drink that has already been sold. If this document is not available, problems will arise with the tax service.

All necessary documentation must be submitted to the government authority responsible for its verification. If the authorities see that the entrepreneur complies with current regulations and laws, there will be no problems with the sale of beer.

The law provides for a system of fines for the illegal sale of beer. For the first time, the penalty will be from 3 thousand rubles, for a repeated violation, the size of the sanctions will be from 80 thousand rubles.

Where can beer be sold?

Alcoholic beverages cannot be sold everywhere. Its sale is permitted only at stationary points of sale. There is also an area limitation. For a village, the minimum area of such a point should be at least 25 sq/m, for a city 50 sq/m. You can also sell beer in a store, but strictly from 11 a.m. to 11 p.m. If it is a bar, cafe or restaurant, this requirement does not apply.

Regardless of how profitable it is to sell beer at certain points, it is not always possible to realize entrepreneurial activity. The first reason for closing will be the location educational institution nearby.

The space for selling beer can be either built independently or rented. The main condition is that it corresponds in size to the standards specified in the legislation. If the area is rented, the period cannot be less than a year.

Documentary base for registration

Registration of the right to sell beer requires certain actions and collection of the necessary documentation:
Obtaining permission from local authorities and coordination with them of future business activities.

Registration as an individual entrepreneur or LLC:

Conclusion of the sanitary-epidemiological service. It should take into account the particular use of decor, including paint or tiles, type of lighting, the presence of central heating, the safety of using electricity, the presence of fire extinguishers, and an evacuation plan.
Official conclusion of the State Fire Supervision Authority.
Conclusion of Rospotrebnadzor.
A signed agreement with the landlord or tenant of the premises.
Hiring employees with health certificates.
Registered cash register.

In 2017, legal business activity can be carried out only after registration of an individual entrepreneur. Without completing the appropriate documents, penalties will be imposed, and failure to comply with the standards will result in the forced closure of the business.

Requirements for selling beer to individual entrepreneurs

There is a list of requirements that a private entrepreneur will have to comply with if he decides to sell beer:

Retail sales can be carried out exclusively in a stationary premises;
Reporting requirements from EGAIS;
It is prohibited for a store to be adjacent to medical and cultural institutions, and not just educational;
You cannot trade at a train station, gas station, market or crowded places;
Sale to minors is prohibited;
The sale can be carried out strictly at the specified time;
It is mandatory to keep a sales ledger;
Activities cannot be carried out without appropriate documents.

OKVED codes

Since the beginning of 2016, beer has been sold exclusively using OKVED-2. Thus, for wholesale trade they use:

46.34.2: Wholesale trade in alcoholic beverages, including beer and food grade ethyl alcohol;
46.34.23: Wholesale trade in beer;
46.17.23: Activities of agents in the wholesale trade of beer.

For retail:

47.25.1: Retail sale of alcoholic beverages, including beer, in specialized stores;
47.25.12: Retail sale of beer in specialized stores;
47.11.2: Retail sale of non-frozen products, including drinks and tobacco products, in non-specialized stores.

In catering:

56.30: activities of bars, taverns, cocktail lounges, discos and dance floors (with predominant service of drinks), beer bars, buffets, herbal bars, drinks vending machines.

Cash register

If the entrepreneur has chosen OSNO or USN as the tax regime, then registration of the cash register is required. For those who decide to work under PSN or UTII, the situation is not clear, due to the fact that current laws can be interpreted in different ways.

In accordance with Federal Law No. 54, participants in such a tax scheme may not use a cash register, but Law No. 171 describes the requirement to use it when selling beer in the city. There is only one exception - for trade in public catering. Since 2017, amendments have been made, according to which the activity of trading beer implies the mandatory presence of a cash register in any settlement, regardless of which tax regime was chosen by the entrepreneur.

Carrying out this type of activity without using the device is accompanied by a fine:

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The Law on the Sale of Beer regulates the sale and production of beer products in the Russian Federation and abroad. The beer law has undergone significant adjustments since January 1, 2017. In particular, they relate to beer sales locations, licensing and new packaging. The draft beer law applies to both wholesale and retail trade. Now individual entrepreneurs selling beer must register with EGAIS.

The federal law on the sale and turnover of alcoholic beverages, ethyl alcohol and alcohol-containing preparations came into force in November 1995. The law includes four chapters and twenty-seven articles. It regulates the trade turnover and production of alcohol and products containing alcohol in the Russian Federation. The latest amendments were made to the law on July 3, 2016, and come into force on July 1, 2017. Summary Federal Law of November 22, 1995 No. 171-FZ on State regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products:

The first section - installs general provisions laws and powers of government authorities in the field of production and trade turnover;
The second section regulates the requirements for manufactured products and trade turnover in the Russian Federation and abroad;
The third section establishes the licensing procedure for the production of alcoholic and alcohol-containing products;
The fourth section establishes control and responsibility for non-compliance with Federal Law -171.

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The provisions of the Federal Law on state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products provide information on the procedure for the sale and production of alcohol and products containing ethyl alcohol.

Updated FZ-171 can be downloaded

Latest changes

The law on beer has undergone significant changes since January 1, 2017 in Article 11, Article 6.1 of the Federal Law and in Article 16. In particular, they relate to the veto on the production and circulation of alcohol in plastic packaging with a volume of more than 1.5 liters.

From the first of July of this year, the change applies not only to wholesale manufacturers, but also to retail ones, as indicated in Article 16, paragraph 15 and paragraph 2. Federal Law - 171. How to sell beer under the new law?

According to the new amendments, Article 16 of Federal Law No. 171 establishes a ban on the sale of beer products in the following territories and facilities:

Medical institutions, schools, kindergartens, universities;
Cultural and sports facilities;
In public transport and at transport stops;
Places with large crowds of people - markets, train stations, airports, except public catering outlets;
Military and strategic objects.

Beer is allowed to be sold in official stationary retail outlets entered into the Unified State Register of Real Estate. According to the new amendments, it is prohibited to sell beer in temporary structures (kiosks, stalls). You cannot sell beer remotely. For those trading platforms where not only beer, but also other alcoholic products are sold, there is a limitation on area:

From fifty sq.m. for cities;
From 25 sq.m. for villages

If only beer products are sold, then there are no restrictions. Also, the State Duma did not approve a ban on the sale of draft beer in non-residential premises located in apartment buildings, but in some regions such a ban works at the regional level.

The time period for beer sales is set between 8 a.m. and 11 p.m., except for catering facilities. According to the new law, it is allowed to sell draft beer if the retail facility operates as a catering outlet, for example, a bar-shop, a summer cafeteria. Thus, it is possible to sell beer in the territories of social and cultural places (theaters, concert halls, etc.), if children do not participate in the events. The same rule works for other objects.

The new provision in Article 11 defines a ban on production in plastic containers if the volume exceeds one and a half liters. This applies to both wholesale and retail producers of draft beer. Since January of this year, individual entrepreneurs selling beer products are required to register with EGAIS.

Fines for violation of the Federal Law

Violations of the law may result in large administrative fines for both the director of the company that violated the law and the company itself.

The amount of the penalty for the head of the organization is from one hundred to two hundred thousand rubles;
The recovery for the company is from three hundred to five hundred thousand rubles.

In addition, violators may face not only a monetary fine, but also confiscation of goods. The court makes a decision based on the materials of the case, at its own discretion.