Sale of alcoholic beverages is law. Ban on the sale of alcohol - hours of sale of alcoholic beverages in Russia

With each new year, certain changes are made to all sectors of the economic sector; the sale of alcoholic beverages is also no exception, and will appear. First, let's try to understand the term EGAIS, which is not familiar to everyone. EGAIS is abbreviation for Unified State Automated Information System. Why such a system is needed and how it is used, we will look at in our article.

The information system is aimed at organizing state control of the production and sales process alcoholic drinks throughout our country. The basis for its development was the fact that, according to statistics, approximately thirty percent of all alcohol produced in the country is produced illegally. If we transfer the statistical data to the real situation - when entering a liquor store, every third of those... what you see on the window is produced illegally.

This situation necessitates introduce new rules for the sale of alcohol aimed at reducing the sales of illegal alcohol. For entrepreneurs whose activities are related to the sale of alcoholic beverages, this is another stress, because all innovations bring with them certain costs and changes in the established rhythm of work. Next, we will try to answer all the questions that alcohol sellers might have, and we will also look in more detail at the essence and principle of operation, as well as connecting to the Unified State Register of Automated State Registers, the timing of when it is necessary to connect to the system and what is required for this. In fact, the introduction of such a control method will not necessarily complicate the work of a business, and for some, on the contrary, it will make it easier.

The main condition for all entrepreneurs who own any retail outlets selling alcoholic beverages is the provision of all information to the information system. Every purchase that a business owner makes must be taken into account, even if you only sell beer drinks in your store or cafe.

Six months later, new rules for the sale of alcohol will affect not only information about purchases, but also about the sale of commodity units. Thus, every product, even if it is one bottle of beer, must go through the Unified State Register of Automated State Registers. This innovation is spelled out in a separately formulated law, which has the number 182 of federal legislation.

What is the principle of operation of the unified state accounting and control system for retailers, we will consider further.

Supply of alcohol.

For the first time, the implementer is faced with an accounting system for initial stage activities - receiving goods ordered from the manufacturer. When receiving the goods, you will need to check the actual quantity with the one indicated in the electronic and paper invoice. What is necessary for the fact of receiving an order to be noted in EGAIS? First of all, you will need to install on your computer a specialized commodity accounting program that supports Unified State Register of Automated State Registers. After this, the document is sent to the computer in electronic form from this accounting system. You proceed to accept the order only if the actual information and invoice details are identical by accepting the invoice that is given by the supplier. If, upon receipt of your order, you find a shortage or any other discrepancy between the order and the data specified in the invoice, then you have two options. You can simply reject such an invoice or draw up and certify a statement of non-compliance. The same should be done if the excise tax on any product is damaged or does not meet the established requirements.

If, when checking the received products, their quantity and quality meets expectations and does not raise suspicions, the fact of receipt of the goods is confirmed in the Unified State Register of Automated State Registers. All information about the purchase must be entered into a specially designed program, which will also have to be installed on the computer; it is called a cash register program. It must meet a number of requirements that are officially established by the information system.

Every container of alcohol that is legally produced must have a brand. A special two-dimensional type of barcode is applied to it, which is called Micro PDF417. It is this code that carries information about the product, manufacturer and the availability of a license for its manufacture.

EGIAS alcohol in retail since 2016 - sale.

So, you have checked the invoices with the order, transmitted data about the goods received and placed it at the point of sale. From this moment it goes on sale and can be purchased by the consumer. Before the sale of alcohol is carried out, and the buyer’s money goes to the cash register, the seller must scan the goods through a special scanner so that the product item appears on the receipt. In this case, the cash register program will automatically reformat the sales data into a file of a different type and transfer it to the USP or universal transport module. This application is responsible for the control and speed of information transfer to the Russian alcohol regulation server. After the sale of alcohol is made, the program creates a receipt that has an electronic signature from your outlet, as well as a barcode. This receipt is sent to the cash register and only after that the cash receipt is considered closed. Using this sequence of actions, every sale that took place at a retail outlet will be recorded online after you connect to Unified State Register of Automated State Registers.

Sale completed, next steps.

After the consumer makes a purchase and pays for it, he will receive a receipt in his hands as confirmation of this action. This check will be different in that it contains a two-dimensional barcode, unlike a regular sales receipt. Only such a receipt can confirm the fact of registration of the sale in the unified state automated information system. No matter how many units alcoholic products purchased by a person, the barcode on one receipt is always the same. Using a special program that is installed on a mobile phone, the barcode from the receipt can be read and all information about the purchased product can be checked.

If new rules for trade in alcoholic beverages from January 1, 2016 will be carefully observed and implemented by all sellers, then the consumer will not need to check the conformity of the product with quality. If the code that is placed on the product cannot be read using a scanner, then the product you are trying to sell is produced illegally and is blocked by the system. This is how EGAIS should work for the retail sale of alcoholic beverages. However, like any technical product, it can sometimes go astray and operation may be disrupted.

What to do if the system goes wrong.

Often in retail outlets, especially if they are located in small villages or in areas remote from the center, there are problems with the Internet. If the connection suddenly disappears, then after that it will be possible to continue selling the product for some time. The cash register program will remember information about each of them. After the connection is restored, the software will independently transfer all the information. The ability to close a check will also be retained. According to existing developments, the retail information system will be able to work offline for no more than three days. If after this time the Internet connection is not restored, the owner will have to stop selling alcohol until the Internet reappears.

When it is necessary to connect the system at a point of sale.

The need to install all programs and connection to the Unified State Register of Automated State Registers will appear on January 1, 2016. From this day on, all entrepreneurs whose activities are related to the sale of alcoholic beverages must record each purchase in the accounting system. This requirement applies not only to retail outlets located in cities and metropolitan areas, but also to village and town stores too. After July 1 next year Sellers will need to provide information not only about purchases, but also about retail sales of each unit of goods.

From the beginning of the new year until the end of April, for those engaged in the retail sale of alcoholic beverages, some benefits and concessions will apply, which were established by the management of the regulatory service alcohol trade. Of course, they do not relieve you from the obligation to install everything necessary components EGIAS until the end of this year. But those unforeseen problems or circumstances that entrepreneurs may encounter in the process of introducing new technologies are also taken into account. Of course, the sale of alcohol from January 1, 2016 must certainly be carried out using the Unified State Automated Information System, but if any errors arise when using it, misunderstandings or shortcomings, there will be no strict and serious penalties at the initial stage of implementation.

EGIAS alcohol in retail since 2016 for beer.

Since beer is recognized as an alcoholic drink, its purchase is also subject to the innovation. Starting from the new year, sellers who stock beer or low-alcohol drinks, mead, cider or beer are also required to provide information about the purchase of this product to a unified information system. The start date for selling goods through this system for beer sellers is the same as for other sellers of alcoholic beverages - January 1st. But unlike sellers of other alcoholic products, it is not necessary to record the sale.

Application of EGIAS in the catering business.

There is no clause in the legislation that would indicate the need to use a unified accounting system in localities Catering. But, if a cafe or restaurant sells alcohol-containing products, then the owner needs to record all purchasing transactions. Consequently, he will also need to install special programs on his computer and connect to EGAIS in order to transfer data. The sale of alcoholic beverages in public catering establishments does not need to be taken into account in the Unified State Automated Information System.

Who is not subject to the need for accounting through EGAIS?

There are certain categories of entrepreneurs who are exempt from keeping records under the system on a temporary basis. These include:

All enterprises and organizations that sell alcohol, if they are located in the territories of Crimea or Sevastopol. This relaxation applies to those traders who sell alcoholic beverages at retail or sell beer or low-alcohol drinks at retail. These territories have their own time frames for joining the EGAIS system. For urban settlements and cities, it is necessary to introduce an accounting system from the first day of 2017, and for those retail outlets located in villages or villages, the delay in installing a unified accounting system is two years. This function will need to be installed and connected before the first day of 2018.

If your retail outlet is located far from large cities, in populated areas where there is often a problem with the Internet connection, and the population is less than three thousand people, then you receive a deferment in accounting for sales for one year. That is, you will need to take into account the sale of alcoholic beverages in the Unified State Automated Information System only from July 1, 2017. But be sure to note that this relaxation only applies to the sale of goods; accounting for purchases still needs to begin at the same time as other entrepreneurs. And that is January 1, 2016.

Some business owners are even luckier, and they have the right not to connect to a single system in principle. We will list below who has this opportunity:

Companies and factories producing beer and low alcohol drinks, the production quantity of which annually does not exceed three hundred thousand deciliters;

Organizations that produce wine and champagne based on their own grown grapes;

If we talk about reporting information regarding sales, then public catering establishments such as cafes and restaurants, as well as points that retail beer or low-alcohol drinks, are exempt from its provision.

Selling alcohol via the Internet.

There is no law in current legislation that could establish the legality of selling alcoholic beverages on Internet sites. The authorities are directly dealing with this issue, and a solution to this problem is planned soon. So far, only the main points that will need to be spelled out in this kind of law have been highlighted. First of all, it is necessary to clearly indicate the age restrictions of persons purchasing alcohol in this way. Secondly, limit the time of sale to a certain frame.

A document containing information about accounting for the sale of alcohol.

The entrepreneur must keep a journal in which all data is entered about what product was sold in the store and its characteristics. The need to maintain such records will appear from the first day of the new year. The number, code and name of the product, the date of its retail sale, information about the displacement and number of units, as well as the code of the type itself should be recorded here. alcohol unit. There is no need to clarify information about the supply of alcoholic beverages in the magazine. There is a certain form of maintaining such documentation, which was approved by order number 164 in June of this year. The journal can be kept either in a regular paper format or in electronic form, at the discretion of the seller. All requirements will be met if the unified accounting system is also connected to the point of sale. It should also be taken into account that it will be necessary to keep records of all sales of alcoholic beverages through EGAIS from the first of July, while the journal must be drawn up from the first of the new year. Therefore, these two forms of accounting will need to be kept separately.

Fill out the journal where it will be record alcohol sales, will be needed not only by those outlets that sell alcoholic beverages, but also by sellers of beer and low-alcohol goods. Even if, according to the law, an individual entrepreneur may not record all sales in a unified information system, such information must be in the journal. Each sales center must have a separate accounting document. It is on the basis of this data that the results will be entered into the declarations for tax authorities, which are filled out every quarter.

Consequences of failure to connect to EGAIS.

There will probably be entrepreneurs who will try to avoid complying with the new requirement and want to trade as usual. However, if from the first day of the new year the owner does not install a unified accounting system in his store while selling alcoholic, low-alcohol or beer drinks, he will be prohibited from working. At this stage, there is liability for selling alcohol without required package documents. It is identical to what the seller will bear in the absence of EGAIS registration from January 1, 2016. For a legal entity the fine will be up to twenty thousand, and for an individual fifteen thousand rubles. The corresponding law is spelled out in the Code of Administrative Offences.

From July 1, the same penalty will be applied to sellers who, having installed the entire EGAIS package, do not use it in trade and do not pass the goods through the scanner during the sale. This problem may arise if the owner receives a product whose excise tax is damaged and is not perceived by the scanner. Then the violation can be considered unconscious. But the sale of such alcoholic products will still be considered a violation and illegal trade in alcoholic beverages. If you have a product in your warehouse or in a large shipment that has certain problems with excise stamps, it is advisable to sell it before the month of July of the new year. Since the system is new for most entrepreneurs, there will likely be problems and errors when using it. Taking this into account, the alcohol trade regulatory authorities decided not to apply penalties to distributors until April, but only point out errors and shortcomings.

Since April 20 is the deadline for submitting declaration reports for the first annual quarter, the tax office will compare the data received through the Unified State Automated Information System and those indicated in the declaration. If inconsistencies and data inconsistencies are found in the documentation, this may lead to the application of all the measures specified above. An entrepreneur may even lose his business license.

Is it possible to postpone the implementation of the system to 2018?

Many entrepreneurs who work in the retail alcohol industry have been talking about this for a long time. There were certain speeches and proposals regarding the postponement of the implementation of the program, which served as the basis for the appearance of these rumors. However, in reality no transfers are planned and new rules for trade in alcoholic beverages will come into force on January 1, 2016.

Fines for violating the rules for the sale of alcohol can reach 300 thousand rubles, and the company also faces confiscation of goods. If you do not comply with the sales time when selling alcohol or sell alcohol without a license, the company may suffer large losses. What are the basic rules you need to know.

Read our article:

If a company sells alcohol in violation, the administrative body has the right to hold it accountable (Article 14.16 of the Code of Administrative Offenses of the Russian Federation). For example, if a company:

  • sells alcohol without a license,
  • does not observe sales hours,
  • violates other restrictions.

The fine will be up to three hundred thousand rubles with confiscation of the goods.

The sale of alcohol in Russia is carried out in accordance with “On state regulation of production and turnover ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products” (hereinafter referred to as Law No. 171-FZ). Let's look at what requirements sellers most often violate and how to properly organize the sale of alcoholic beverages.

Alcohol can only be sold in stationary facilities

The sale of alcohol is prohibited in non-stationary retail establishments (Clause 9, Part 2, Article 16 of Law No. 171-FZ).

The Supreme Court indicated that a permanent structure is one that:

  • has a strong connection with the foundation and land;
  • joins engineering communications;
  • information about which the owner entered into the Unified State Register of Rights to Real Estate and Transactions with It (Definition No. G10-7 of the Armed Forces of the Russian Federation dated 06/09/2010).

The concept of such a structure is also contained in the law (clause 5, article 2 of the Federal Law of December 28, 2009 No. 381-FZ “On the fundamentals of state regulation of trade activities in the Russian Federation”).

It is necessary to confirm the capital nature of the building where trade is carried out so that the company can prove that it does not violate this restriction when selling alcohol and other similar products. Documents will help with this. To create a permanent facility, the developer issues rights to the land plot and a building permit. Based on this information, the court determines whether the disputed object belongs to real estate. If the object is not stationary, the company faces sanctions.

Illegal sale of alcohol will be punished in accordance with the Code of Administrative Offenses of the Russian Federation

The company was unable to challenge the fine for violating the rules of trade in alcohol-containing products. The court concluded that the applicant was trading in a non-stationary facility. The administrative body that issued the fine submitted documents to the court. He presented a copy of the act of acceptance into operation of a temporary non-residential building of a beach and entertainment complex with a cafe-restaurant, a layout of non-stationary retail facilities on the sites and a land lease agreement.

The court concluded that the applicant company received a plot for the location of a beach and entertainment complex without the right to construct real estate objects. The commission that signed the commissioning act had the authority to accept buildings of a non-permanent nature. According to the technical passport, the foundation under the disputed structure is a reinforced concrete slab. Such a basis does not indicate a strong connection between the building and the land (resolution of the Thirteenth AAS dated November 14, 2016 No. 13AP-24891/2016 in case No. A56-40963/2016).

In another case, the court also found that the building was not a stationary facility, and the company was violating restrictions on the sale of alcohol. He indicated that the structure does not have the characteristics that allow the structure to be classified as an enterprise fast food, since there were no communications (toilet, sinks, etc.). The entrepreneur sold alcohol (beer) in a non-stationary retail facility. Rospotrebnadzor rightfully brought the violator to justice (resolution of the Samara Regional Court dated February 10, 2017 No. 4a-98/2017).

When selling alcohol, please be aware of local selling hours requirements.

By general rule The sale of alcoholic beverages is prohibited from 23:00 to 08:00 local time. In addition, the legislative bodies of the constituent entities of the Russian Federation have the right to introduce additional restrictions on sales (paragraph 2, paragraph 9, article 16 of Law No. 171-FZ, paragraph 12 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 11, 2014 No. 47). In particular, when selling alcohol, you need to check according to local legal acts whether trading is allowed until 22 or 23 hours, or whether it is prohibited from that time. Other restrictions may also apply. For example, a city may establish a ban on the night trade in alcoholic beverages or an obligation to notify trade during public events (appeal ruling of the Lipetsk Regional Court dated March 14, 2016 in case No. 33-741/2016).

We have indicated in the table at what time the sale of alcohol is stopped in a particular region. Please note that there may be exceptions in the legislation of constituent entities of the Russian Federation, and in one case or another the restriction will not apply, or, on the contrary, special restrictions or a complete ban on sales will be imposed. To find out the schedule for selling alcohol in a given constituent entity of the Russian Federation, check out the local requirements.

Period during which alcohol cannot be sold

The subject of the Russian Federation

Republic of Bashkortostan, Republic of Ingushetia, Republic of Karelia, Republic of Kalmykia, Republic of Crimea, Republic of North Ossetia-Alania, Republic of Tyva, Republic of Khakassia, Chechen Republic, Chuvash Republic, Krasnoyarsk Territory, Volgograd Region, Vologda Region, Voronezh Region, Kemerovo Region, Kostroma Region , Kurgan region, Kursk region, Moscow region, Novgorod region, Oryol region, Penza region, Perm region, Rostov region, Sverdlovsk region, Smolensk region, Ulyanovsk region, Chelyabinsk region, Yaroslavl region, Moscow, Nenets Autonomous Okrug (prohibited to sell drinks containing ethyl alcohol up to 16.5%).

Komi Republic, Bryansk region, Ryazan region, Sakhalin region, Sevastopol.

Tambov region, Tyumen region.

Khanty-Mansiysk Autonomous Okrug - Ugra

Republic of Mari El, Primorsky Territory, Leningrad region, Nizhny Novgorod Region, Novosibirsk region.

Republic of Buryatia, Altai Territory, Vladimir Region, Ivanovo Region, Irkutsk Region, Lipetsk Region.

Altai Republic, Kirov region (on Sundays – from 22:00).

Kabardino-Balkarian Republic, Republic of Mordovia, Republic of Tatarstan, Udmurt Republic, Stavropol Territory, Khabarovsk Territory, Astrakhan Region, Belgorod Region, Kaliningrad Region, Kaluga Region, Kamchatka Territory, Magadan Region, Omsk Region, Orenburg Region, Samara Region, Saratov Region, Tver region, Tomsk region, Yamalo-Nenets Autonomous Okrug (see the specific restrictions in the legislation of the region).

Arhangelsk region.

The Republic of Dagestan.

Republic of Adygea, Krasnodar Territory, St. Petersburg, Jewish Autonomous Region.

Karachay-Cherkess Republic, Amur region, Pskov region.

Trans-Baikal Territory, Nenets Autonomous Okrug (the sale of alcoholic beverages with an ethyl alcohol content higher than 16.5% is prohibited).

Tula region (on weekends - from 22:00 to 12:00).

Chukotka Autonomous Okrug (individual regions have their own restrictions on the sale of alcohol).

The Republic of Sakha (Yakutia).

If a company has violated the rules for the sale of alcohol, compelling reasons are needed to challenge the sanctions

The court recognized the provisions of the regional law as lawful. The government of the republic has established a ban on retail trade in alcoholic beverages from 20:00 to 14:00 local time. The exception was trade conducted by organizations and individual entrepreneurs when providing catering services (sale of beer, cider, poire, mead). The court considered that the conditions are not discriminatory for business entities (appeal ruling of the Supreme Court of the Russian Federation dated March 22, 2017 No. 74-APG17-3).

Make sure that the building in which the company sells alcohol products is not subject to other legal restrictions, such as local prohibitions. Go to court if the company was brought to justice illegally.

For example, the applicant challenged the points of the order of the administrative body. The court concluded that the company has the right to sell alcohol in a stationary facility on the ground floor of an apartment building. The law does not limit this possibility at the federal and regional levels (resolution of the Arbitration Court of the North-Western District dated July 4, 2017 No. F07-6558/2017 in case No. A52-2281/2016).

The premises for trade must be rented for at least a year

By law, premises for the sale of alcohol must be rented for a period of at least a year (Clause 10, Article 16 of Law No. 171-FZ). Pay attention to the area of ​​the facility, as well as the type of products sold. The law provides for specific area standards. They apply to alcoholic beverages with the exception of beer, beer drinks, cider, poire, and mead. The law requires that the total area of ​​stationary retail facilities and storage facilities be at least 50 square meters for each location of a separate unit in urban settlements and at least 25 in rural areas (Clause 10, Article 16 of Law No. 171-FZ).

There are special requirements for individual entrepreneurs

If you are an individual entrepreneur, prove that you are engaged in providing catering services. The law allows individual entrepreneurs to sell alcohol in non-stationary retail establishments. The rules for individual entrepreneurs state that entrepreneurs can sell beer and beer drinks, cider, poire, mead, if we are talking about providing catering services. In this case, the object fast service it is necessary to equip it with engineering systems and equipment (toilet, washbasin, hot and cold water supply, etc., see, for example, resolution of the Samara Regional Court dated May 13, 2016 No. 4A-522/2016).

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Beer, as well as cider, poiret, mead and other beer-based drinks are alcoholic products. When selling beer, you must take into account the rules governing the sale of alcohol, but with some peculiarities. Are you interested in this line of business? Then read our article, in which we will talk about the most important issues when trading beer and beer drinks:

  • can an individual entrepreneur sell beer;
  • Do you need a license to sell beer?
  • what restrictions exist on the sale of beer;
  • Do beer sellers need to connect to EGAIS?
  • when you don’t need a cash register when selling beer;
  • what OKVED codes to choose for selling beer;
  • What kind of reporting on sales volumes must be submitted?

Can an individual entrepreneur start selling beer?

Let us answer right away that individual entrepreneurs have the right to sell beer. Why does this 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 clear 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 foamy drink They 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 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 him, 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 happens 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 trade beer:

  • 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 in 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 old 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 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:

  1. Not only organizations, but also individual entrepreneurs can sell beer, however, only retail trade for final consumption is allowed for them.
  2. A license to sell beer is not required.
  3. Take into account the legal restrictions on place, time and range of customers when selling beer.
  4. 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.
  5. 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.
  6. 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.
  7. Keep a record book for alcohol retail and submit beer sales declarations in a timely manner.

Retail sale of alcoholic beverages is, of course, a very profitable business. But every year, when carrying out this type of entrepreneurial activity, businessmen are “driven” into increasingly strict limits: so, from this year, in addition to obtaining special state licenses, new rules for the sale of alcoholic beverages are in effect. Read more about this in our material.

Selling alcohol without connecting to EGAIS is prohibited

In 2016, the main and truly “high-profile” innovation in the field of retail sales was the introduction Unified State Automated Information System (USAIS). It is mandatory for all enterprises engaged in the production, retail and wholesale trade of alcoholic products to now connect to the Unified State Automated Information System and send data on alcohol sales to the Federal Service for Alcohol Regulation.

Simply put, EGAIS is an all-Russian database containing complete information about all alcoholic products produced in Russia or imported into our country. Information about each bottle of alcohol - who produced it and when, what the composition of the drink is, strength and volume - can be found simply by reading the QR code with the application on your smartphone.

The need for this system is caused by the increasing volume of counterfeit and counterfeit alcohol products, as well as the increasing cases of poisoning from low-quality alcohol. .

Organizations that have not connected to EGAIS or that have violated the procedure for recording information are fined: for company managers, the fine will be up to 15 thousand rubles, for legal entities - up to two hundred thousand rubles.

In general, all experts and retailers note the complexity of the rules by which alcohol should be sold.

Alcohol products are food products, produced either using ethyl alcohol from food raw materials, or without ethyl alcohol, or using alcohol-containing food products. In this case, the volume fraction of ethyl alcohol should be more than 0.5% of the volume.

There are different types of alcoholic products. For example, these are alcoholic drinks (cognac, vodka, whiskey), wine, liqueur, sparkling or fruit wine, beer, cider, mead and others. We all know that the sale of alcoholic beverages is really profitable business, and that is why the processes of production, trade and consumption of alcohol are strictly controlled and regulated by the state of our country.

Useful documents to download

The main document in this regard is the Federal Law of November 22, 1995 No. 171-F “On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products,” which often undergoes changes.

According to it, every entrepreneur who wants to engage in the production, storage, supply or sale of alcoholic or alcohol-containing products is required to obtain a license to carry out this type of activity. The sale of alcoholic beverages is subject to mandatory control by state authorized bodies.

Alcohol license: requirements for a retail outlet

There are a number of requirements that must be met when selling alcohol:

  • The sale of alcohol (including beer) at retail is permitted in our country to organizations - LLC, OJSC, CJSC. Individual entrepreneurs can only trade in beer and beer drinks. The license is also issued to individual agricultural producers who sell wines and champagne of their own production.
  • Retail sales of alcoholic beverages are prohibited in retail and wholesale markets, train stations, airports, children's, educational and medical institutions, sports facilities, and cultural organizations. It is not permitted to sell alcohol in public transport, gas stations, bus stops, non-stationary retail outlets and other places.
  • The sale of alcoholic beverages to minors is prohibited. Violation of this law may result in administrative or, in the worst case, criminal liability.
  • It must be remembered that advertising of alcoholic beverages on the Internet and on television is prohibited in our country.
  • By law, retail sales of alcohol are not permitted in a store or retail outlet without accompanying documents, certificates of conformity, labeling, etc.
  • In Russia, the sale of alcohol is prohibited from 23:00 to 8:00 local time (except for public catering establishments and duty-free shops).

In addition, there are a number of basic requirements for stores that plan to sell alcoholic beverages in order to obtain a license:

  1. it must be a legal entity;
  2. It is mandatory to have a stationary retail and warehouse space (with an area of ​​50 sq.m. for cities and at least 25 sq.m. in rural areas), as well as an alarm system in the store and warehouse, cash register equipment and safes for storing money and documents.
  3. an enterprise for the sale of alcoholic and alcohol-containing products should not be located closer than 100 meters to children's, educational, medical institutions and sports facilities.

It must be said that the last three requirements are not mandatory for compliance in public catering establishments.

At the same time, “those who wish” to sell alcoholic beverages must necessarily equip their points of sale with cash registers and maintain strict reporting documents. It is also necessary to properly store alcohol and follow fire safety rules and sanitary and hygienic standards.

License to sell alcohol: how to get

In accordance with the Federal Law of our country, a license to sell alcohol is issued only to legal entities. Individual entrepreneurs can only sell beer and beer drinks – this type products are not subject to licensing. You can get a liquor license for one year or for five years at once.

First of all, even before submitting documents for a license to sell alcohol, you need to fill out the state duty, which currently amounts to 65,000 rubles for each year of the license’s validity. That is, the cost of a license for five years will be 325 thousand rubles.

Many businessmen note the difficulty of obtaining a license to sell alcoholic beverages specifically in terms of collecting documents. You need to collect a thorough package of certificates and certificates, which includes:

  • application for a license
  • notarized copies of constituent documents
  • a copy of the document on state registration of an organization - a legal entity.
  • a copy of the document on registration of the organization with the tax authority, extract from the Unified State Register of Legal Entities, bank details of the organization,
  • a certificate from the tax office confirming that the company has no debts on taxes and duties,
  • a certificate that confirms the compliance of the trade object with the declared type of activity
  • a copy of the document confirming payment of the state fee for the provision of a license.
  • conclusions of executive authorities on the compliance of the organization’s production and warehouse premises with fire safety and environmental requirements
  • copies of certificates of conformity and (or) declarations of conformity of main process equipment.
  • a document confirming that the organization has an authorized capital
  • documents confirming that the organization has production and warehouse premises owned or leased for a period of one year or more.

These documents for obtaining a license to sell alcoholic beverages can be submitted both in paper and electronic form.

There are also a number of requirements for the size of the authorized capital for organizations planning to sell alcoholic products. So, for example, the authorized capital of a company planning to sell products containing 15% ethanol should be ten thousand rubles.

When selling alcoholic beverages with more than 15% ethanol, the authorized capital of the organization must be 300 thousand rubles. If a small business organization sells alcoholic products with an ethanol content of more than 15% and the enterprise is not listed in a special register, then the authorized capital of the legal entity must be 1 million rubles. For wholesale trade enterprises – 10 million rubles.

A license to sell alcohol is issued within 30 calendar days. In each subject of our country, alcohol licenses are issued by executive authorities. Which ones exactly need to be clarified directly in each region. For example, in Moscow, these functions are carried out by the Department of Trade and Services.

It is worth considering the following aspect: after you have been collecting documentation for several months to obtain a license to sell alcohol, you may be refused to issue it. That is, no one will return the state duty of 65 thousand rubles to you.

It is also worth remembering that you can renew your alcohol license three months before its expiration date. Until a new license is obtained, the sale of alcohol in the store is prohibited. If you have all the necessary documents, you will easily obtain a liquor license. And by following these rules for the retail sale of alcoholic beverages, the activities of your store will never cause criticism from regulatory authorities.

Federal Law No. 365-FZ has tightened liability for the sale of alcoholic beverages without an appropriate license. An entrepreneur will have to pay a fine of 10 to 15 thousand rubles, and an organization - from 200 to 300 thousand rubles. In this case, all types of products sold may be confiscated.

Violations and gross violations of licensing requirements may also result in administrative liability and confiscation of alcoholic beverages. This is, for example, if the retail facility does not meet licensing requirements. In case of gross violations of licensing rules, for example, the sale of poor quality alcohol, the operation of your store may be stopped for up to three months.

Also, an organization selling alcohol can be fined up to 300 thousand rubles if it sells alcoholic products with counterfeit brands - all alcohol except beer is subject to mandatory labeling. The entire shipment of unlabeled alcohol will be confiscated.

Legislation of the Russian Federation, 1996, No. 3, Art. 140), Federal Law “On state regulation of the production and turnover of ethyl alcohol and alcoholic products” dated November 22, 1995 N 171-FZ (Collection of Legislation of the Russian Federation, 1995, N 48, Art. 4553) and regulate relations arising between the seller and the buyer<*>when selling alcoholic beverages in retail trade.

<*>The seller is understood as an organization, regardless of its form of ownership, as well as an individual entrepreneur who sells goods to customers under a retail purchase and sale agreement.

The buyer is understood as a citizen who intends to purchase or purchases or uses goods exclusively for personal (household) needs not related to making a profit.

2. Alcoholic products include drinking alcohol, vodka, liqueurs, cognacs (brandy), Calvados, grape wine, fruit wine and other food products containing ethyl alcohol produced from food raw materials, more than one and a half percent of the volume of a unit of alcoholic products .

3. Retail trade in alcoholic products is carried out with a license issued in the prescribed manner.

4. Sales of alcoholic products can be carried out exclusively in places determined by local governments.

The buyer must be provided with information about the license number, its validity period, as well as information about the authority that issued this license (by posting it in the sales area or by other means).

5. Retail sales of ethyl alcohol from all types of food and non-food raw materials, ethyl alcohol with non-denaturing additives, drinking alcohol (except for the regions of the Far North and equivalent areas according to the list approved by the Government of the Russian Federation), including imported alcohol, are not permitted. , alcohol-containing products according to pharmacopoeial monographs, alcohol-containing flavoring and biologically active food additives, alcoholized juices, fermented fruit wine materials, alcohol-containing semi-finished products.

6. Alcoholic products that meet the quality requirements of mandatory standards are subject to sale. technical specifications, medical and biological requirements and hygienic conclusion (certificate). The seller of these products, including imported ones, must have shipping documentation certified by the signature and seal of the manufacturer or supplier and containing information about the availability of a certificate of conformity for each product name, indicating the account and registration numbers, its validity period and the body that issued the certificate. This information must be provided to the buyer upon his request.

Certified products are marked with a mark of conformity in the manner established by the Certification Rules for groups of homogeneous products.

Alcoholic products sold on the territory of the Russian Federation, including imported ones, are accompanied by information in Russian about certification, the manufacturer’s code or its address, a mark of conformity, the names of state standards or other regulatory documents, the mandatory requirements of which these products must meet, the volume of packaging, composition, shelf life, content of substances harmful to health in comparison with the mandatory requirements of standards and contraindications for use.

In addition, for imported alcoholic products, the seller is obliged to provide, at the buyer’s request, a copy of the certificate for the cargo customs declaration with the original impressions of his seal and the seal of the previous owner of the goods.

7. The seller must have valid sanitary rules and other necessary regulatory documentation and comply with the requirements established therein.

8. The seller who sells alcoholic products is obliged to provide buyers in a clear and accessible form with information about these Rules, hours of sale of alcoholic products, their range, and consumer properties.

10. Retail sales of alcoholic beverages are not permitted:

received from a manufacturer or wholesaler who does not have the appropriate license for the production and circulation of these products;

without information about mandatory certification and not marked in the prescribed manner with a sign of conformity;

expired, as well as alcoholic products for which an expiration date should be established, but is not;

without clear markings allowing identification of the manufacturer;

without a copy of the certificate for the cargo customs declaration (for imported products);

rejected for quality and safety reasons;

in packaging that does not comply with the requirements of regulatory documentation;

with an ethyl alcohol content of more than 18 percent by volume in polystyrene cups, tin cans and tetrapacks (since January 1, 1997);

foreign production, marked with trademarks of Russian manufacturers, without the importer having the appropriate license to use trademark Russian manufacturers (since January 1, 1997);

in bottles without labels, dirty (inside or outside), with obvious signs of damage (chipped neck, cracks), with damaged closures, with general cloudiness, foreign inclusions, sediment (except for collection wines);

in the absence of excise duty stamps and special stamps (except beer) on imported products, applied in accordance with the established procedure<*>

<*>In relation to domestically produced alcoholic products from the moment this procedure was introduced.

persons under the age of 18;

in children's, educational, religious and medical institutions and in the areas adjacent to them;

with a volumetric content of ethyl alcohol of more than 12 percent in non-specialized organizations in places of mass gatherings of citizens and sources of increased danger (train stations, airports, metro stations, military facilities) and in adjacent territories, as well as from hands, trays and vehicles, in unequipped sales tents, kiosks, pavilions and other premises not suitable for the sale of these products, in scientific and industrial organizations and in the territories adjacent to them.

Adjacent territories are determined by local governments taking into account the requirements of the relevant services.

dated 11/16/96 N 1364)

11. It is prohibited to sell alcoholic products with an ethyl alcohol content of more than 12 percent by volume in small retail trade organizations (stalls, kiosks, tents, pavilions that do not have a sales area) and in wholesale food markets.

(as amended by Decree of the Government of the Russian Federation dated July 14, 1997 N 867)

12. Alcoholic products must be stored in accordance with the requirements of regulatory documents for the relevant type of product.

Alcohol products are placed by groups and brands.

13. Before selling alcoholic products, the seller is obliged to check its quality by external signs.

14. When selling alcoholic products, the seller attaches price tags with the name of the product, price, including the cost of glassware and packaging, to samples of the goods available for sale. When selling wines and beer by the glass, the price tag indicates the name and price for 1 liter and 0.1 liter (for wines).

At public catering establishments, the price lists for alcoholic products must indicate: the name of the drink, the capacity of the bottle, the price for the entire capacity of the bottle, as well as for 100 or 50 grams (except for beer).

15. Workplaces of sellers, bartenders, bartenders and other persons who sell alcoholic beverages by the glass must be equipped with appropriate commercial equipment, measuring equipment, and utensils.

16. The sale of alcoholic beverages is carried out using cash registers in accordance with current legislation. The seller is obliged to issue the buyer a canceled cash receipt or other document certifying the fact of purchase.

17. The seller is responsible for improper execution of the retail purchase and sale agreement for alcoholic beverages in accordance with the Civil Code of the Russian Federation and the Law of the Russian Federation “On the Protection of Consumer Rights” as amended by Federal Law No. 2-FZ of January 9, 1996.

18. A buyer to whom alcoholic products of inadequate quality were sold, if it was not agreed upon by the seller, has the right, at his choice, to demand the replacement of such goods with goods of proper quality or a commensurate reduction in the purchase price.

Instead of presenting these requirements, the buyer has the right to refuse to fulfill the retail purchase and sale agreement and demand the return of the amount of money paid for the goods. In this case, the amount of money paid for the goods. In this case, the buyer, at the request of the seller, must return the received goods of inadequate quality.

When returning to the buyer the amount of money paid for the goods, the seller does not have the right to deduct from it the amount by which the value of the goods has decreased due to full or partial use of the goods, loss of their marketable appearance or other similar circumstances.

These requirements can be presented and must be satisfied within the time frame and in the manner established by the Civil Code of the Russian Federation and the Law of the Russian Federation “On the Protection of Consumer Rights” as amended by Federal Law No. 2-FZ of January 9, 1996.

19. Sellers, managers and other officials of trade organizations for violation of the Rules for retail trade in alcoholic beverages on the territory of the Russian Federation are liable in the manner established by the legislation of the Russian Federation.

20. Monitoring of compliance with these Rules is carried out by the Ministry of Foreign Economic Relations of the Russian Federation, the State Committee of the Russian Federation for Antimonopoly Policy, the State Committee of the Russian Federation for Standardization, Metrology and Certification, the Ministry of Health of the Russian Federation, the Federal Service of Russia for Ensuring the State Monopoly on Alcoholic Products and their territorial bodies, other federal executive bodies and their territorial bodies within their competence.

Approved
Government Decree
Russian Federation
dated August 19, 1996 N 987

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