Can an individual sell draft beer. Rules for the sale of beer. Where not to drink beer

Presented to beer shops.

The main law regulating the activities of such outlets is the Federal Law of November 22, 1995 No. 171-FZ “On state regulation production and turnover of ethyl alcohol, alcoholic and alcohol-containing products...”. In January and July, changes regarding the rules for the production and sale of drinks came into force.

Requirements for beer containers

Recall that in January 2017, the provisions of the above law were tightened. In particular, wholesalers and retailers prohibited the sale of beer, including draft, in PET containers with a volume of over 1.5 liters.

From July 1, 2017, the sale of draft beer in such bottles is also prohibited for retail outlets. For violators, administrative fines are provided:

• For legal entities in the amount of 300’000 - 500’000 ₽
• For officials - 100’000 −200’000 ₽

These requirements also apply to the sale of draft beer. Because beer, according to paragraph 23 of the Rules for the sale of certain types of goods. According to its characteristics, it requires packaging (packaging). In turn, the requirements for containers are prescribed in paragraph 2 of 171-FZ.

New EGAIS requirements for small settlements

All organizations selling alcoholic products must use equipment for accounting for goods and transfer information to EGAIS. From July 1, this requirement also applies to retail beer stores in settlements, where 3’000 people live and there is no possibility to connect to the Internet.

Recall that earlier such cities and towns were exempted from submitting data to the Unified State Automated Information System, now this requirement has become mandatory for everyone.

Important! From July 1, when selling beer, it is necessary to use modernized cash desks or online cash registers

For the absence of a special CCP, punishment is provided, according to the Code of Administrative Offenses of the Russian Federation, under article 14.5 “Sale of goods, performance of work or provision of services in the absence of established information or non-application in cases established by federal laws cash register equipment».

These are last change in legislation relating to the retail sale of draft and bottled beer. We publish regularly up-to-date information. Stay tuned for new blog entries!

ACTION from BEER SOUTH:

1. When ordering from 3 kegs of beer"DON" The price on the invoice is 69 rubles per liter. Only for 3rd columnPRICE LIST

2. When ordering from 2 kegs of cider"Natural Drinks" The invoice price is 50 rubles per liter. Only for 3rd columnPRICE LIST

3. When ordering from 2 kegs"Gold of the Scythians" Light 10.0%, 4.0% OJSC "Deka" Veliky Novgorod, the discount from its dispenser will be 6 rubles per liter. The price tag and medallion are provided when ordering.PRICE LIST

4. When ordering from 3 kegs from the assortment of the Brewery "Trekhsosensky", Ulyanovsk, the client receives a discount of 5 rubles per liter from his dispenser! The promotion is valid for both new and old customers! PRICE LIST

5. Real ram in three liter jars, packed and salted according to a special recipe. Unique offer on the snack market!!

The price is 2700 rubles for the Bank.

New rules for retail beer trading from March 1, 2017

The laws governing the sale of beer and other types of alcohol are periodically amended to improve them. Amendments and additions relate to a variety of aspects: production, new technologies, equipping retail outlets, selling and renting beer bottling equipment, beer containers and much more. On March 31, 2017, new changes and provisions in the Beer Retail Law come into force.

New requirements for the sale of draft beer

The new provisions relate to the specifics of the trade in beer products in the provision of catering services. The changes expand the possibilities of stores with the function Catering conversely, prohibit the sale of draft beer to those who do not provide meals.

Places prohibited for retail beer and alcoholic drinks
The changes affected the list of places prohibited for retail trade. It includes:

• premises used and owned by organizations engaged in activities in the field of culture, medical and educational activities, (part 1, clause 2, article 16 of the Law);
• sports complexes, including buildings and nearby territories (part 2, part 10, paragraph 2, article 16 of the Law);
• markets for wholesale and retail trade (part 3, paragraph 2, article 16 of the Law);
• gas stations and public transport (part 4, clause 2, article 16 of the Law);
• places of deployment of troops, military bodies and formations ensuring the security and defense of the Russian Federation, as well as territories adjacent to them (part 5, part 10, paragraph 2, article 16 of the Law);
• airports, railway stations and nearby territories (part 6, part 10, paragraph 2, article 16 of the Law);
• places where sources of increased danger are located, established in accordance with the law, as well as nearby territories (part 7, part 10, paragraph 2, article 16 of the Law);
• venues for mass events and public events with a large concentration of citizens, as well as the territories adjacent to them (part 8, clause 2, article 16 of the Law);
• retail outlets of a non-stationary type (part 9, clause 2, article 16 of the Law);
• areas adjacent to medical and educational organizations(Part 10, Clause 2, Article 16 of the Law).

The amended law for the above list contains exceptions for organizations selling draft beer and providing catering services.

Under the amended law, the sale of beer with the provision of food is allowed in the premises of theaters, concert halls, in the territories adjacent to sports facilities, with the exception of competitions and other sports with the participation of children and youth. The list of facilities engaged in the provision of public catering, where the retail sale of beer is allowed, includes retail and wholesale markets, railway stations, airports, gas stations and adjacent territories, as well as retail outlets of a non-stationary type.

Other changes

The second change concerns the ban, which is introduced in 2017, on the sale of beer without a EGAIS barcode (part 13, paragraph 2, article 16 of the Law) and remote sale (part 14, paragraph 2, article 16 of the Law).

Another change in the law, which takes effect in March 2017, relates to the terms of service. In accordance with legal norm, beer and other types of alcohol sold as part of public catering should be sold at facilities that have halls equipped with everything necessary. Such objects also include dining cars, aircraft and water transport.

One of the important rules is the opening of the container by the seller, releasing alcoholic drinks(Clause 4, Article 16 of the Law).

Beer or other types of alcohol purchased at a public catering establishment must be drunk on the spot (paragraph 2, clause 8, article 16 of the Law).

Conclusion

The article lists the main changes that will be introduced into the law on the last day of March. The most large-scale changes concerned Article 16 of the Law. With the start of their action, draft beer shops that do not have their own catering will not be able to trade. Organizations and businesses that sell beer and other alcoholic beverages with food services should prepare for amendments and additions to ensure that all necessary requirements are met when selling beer.

The sale of beer is of interest to many entrepreneurs. There is always a steady demand for it; you don’t need to make large investments to start a business. There are also no particular problems with equipment and space rental. All these factors make a considerable income a reality. But preliminary acquaintance with this field of activity on numerous aspects is very important. After all, separate requirements are imposed on the sale of beer products. Before choosing this specialization for your business, you need to study the rules of the beer trade, especially the new ones for 2017.

Is it possible to sell beer for individual entrepreneurs in 2017

Entrepreneurs are allowed to trade in beer, cider and similar drinks, as before. But since 2016, legislators have made changes to the main legal document- No. 171-FZ of 1995, regulating the sale of alcoholic products. According to the draft, part of the new norms will come into force on January 1, 17, and the remaining additions and amendments - from July 1, 17.

In addition to the question: is it possible to trade beer in 17, entrepreneurs are interested in:

• whether a license is required;
• what are the requirements for documents and equipment.

In 2017, the sale of beer for individual entrepreneurs is the only permitted type of sale of alcohol. Strong drinks can only be sold by an enterprise with the status of LLC ( entity). A number of restrictions have also appeared in the form of increased requirements.

Advice! Before opening an IP, you need to carefully study the basics of legislation regarding the trade in low-alcohol products.

Beer trading requirements

In 2017, beer trading is carried out according to changed rules, and therefore the entrepreneur will need to calculate in advance whether this type of income is beneficial for him. The sale of beer products must comply with the following amended regulations.

1. Requirements for the premises: stationary, but not temporary, like a stall or a mobile outlet. Only catering establishments, which can be summer cafes, bars, are allowed to include beer in the list of goods and services. The building must have a foundation, and the object itself must be listed in the real estate register. When selling only one beer, the area of ​​\u200b\u200bthe premises is not limited.
2. Location outlet. The proximity of institutions is not allowed:

• cultural;
• educational;
• medical;
• stations;
• markets.

You can not trade in public transport and other places with crowds of people, near military installations.

1. There are also requirements for reporting by EGAIS (Unified State Automated Information System) relating to individual entrepreneurship (IP). The state controls the production and sale of alcoholic products. An individual enterprise is obliged to connect to this system using a computer, for which it is necessary:

• buy a crypto-key;
• buy electronic signature(CEP);
• register online at egais.ru;
• install a program on the computer - the UTM utility (for accounting for goods);
• check how everything works in terms of program compatibility.
• upon receipt of a consignment of goods, check invoices through the system, while rejecting or accepting the document, as well as noting inconsistencies;
• information about purchases is loaded into the cash program.

Similar reporting applies to countryside, which is also subject to No. 182-FZ (Federal Law) of June 29, 2015. The beer trade for an individual entrepreneur working on the UTII tax system in settlements must be fully connected to the Unified State Automated Information System by July 1, 17. Until the beginning of 2018, rural entrepreneurs of Crimea are required to join. They need to buy equipment that transmits sales information to EGAIS. Non-compliance entails the imposition of a fine of 10 to 15 thousand rubles.

1. The goods must have accompanying documents (payment, waybills). This applies to the retail trade in beer and the purchase of beer in bulk for sale.
2. Beer is not sold to minors. This is considered illegal, subject to administrative liability, fines:

• 30 - 50 thousand rubles for the seller;
• from 100 to 200 thousand s official(head of individual entrepreneur or department).

There is also the possibility of criminal liability.
Note! In case of doubt related to age, the seller is obliged to ask for documents.

1. There are time limits for the night period (from 10 p.m. to 10 a.m. - a ban on sales).
2. At the request of buyers, it is necessary to issue BSO (specialized forms), although KKM ( cash register, cash register) is not mandatory for use.
3. For beer trade, a book of accounting should be kept according to the form from RosAlcoRegulation. The journal is required to enter daily sales records: code, product name, production volume, number of sales.
4. From March 1, 17, it is mandatory to have a cash register equipment (cash register) for each seller trading from individual entrepreneurs. You will need to use a cash register according to a new model (Online cash register).

Requirement for manufacturers

The rules for the sale of beer also apply to brewers, for whom there are also changes in the law on the sale of alcohol. The requirements are for containers. Since the beginning of 2017, the production of alcoholic products in polymer packaging of more than 1.5 liters is prohibited. Six months later (in July), the same rule will be established for sales. If these changes are not observed, the goods (products) may be confiscated. There are also significant fines.

Manufacturers' position: the decision of legislators will have Negative consequences not only in relation to the activities of brewers, but will also affect related industries, regional budgets. Many firms may go bankrupt, not to mention the fact that the EGAIS program also requires costs, new investments.

Do I need a beer license for an individual entrepreneur for 2017

Sales license beeris optional for individual entrepreneurs or LLC for 2017. This is noted in No. 171 - FZ (Federal Law) of November 22, 1995, Article 18. Its absence will not lead to fines, consequences from the Federal Tax Service, other regulatory organizations. Licensing is mandatory only for spirits (with an ethyl alcohol content of 15% or more). A foamy drink sold on tap also does not require special permission, as well as one sold in standard containers.

However, it is still necessary to follow the dynamics of legislation on this issue, as well as pay attention to local legal regulations. The circulation of beer and its licensing have been repeatedly discussed in State Duma, but there are no changes in this area yet.

Which company is better for trading beer: sole proprietorship or LLC?

The sale of products with a low alcohol content can be carried out in the same way by both types of enterprises: individual entrepreneurs and legal entities. But in the presence of violations, fines for individual entrepreneurs are smaller. For example, for the sale of alcohol to minors, the head of an individual entrepreneur can pay up to 200 thousand rubles, and an LLC - from 300 to 500 thousand in favor of the state. In case of non-compliance with the rules for issuing payment documents (forms, checks) to buyers, the IP pays from 1/4 to 1/2 of the amount, but not less than 10 thousand rubles. And LLC - 3/4, not less than 30 thousand rubles.

Both LLCs and individual entrepreneurs are required to keep records, making daily entries on the sale of alcohol in a journal. Documentation is reflected in No. 164-FZ. But such a form of enterprise as a legal entity is more profitable in this sense. The legislation tightens the requirements for individual entrepreneurs when they sell low-alcohol drinks. For example, they were required to declare and record the volume of sales, while for LLCs these procedures are simplified with respect to taxation.

Finally

For individual enterprises, the sale of beer in any form is allowed, subject to the rules. This is a fairly profitable type of business, but when implementing this idea, you need to take into account all aspects, especially with legal side. Legislation is constantly changing. Lawyer consulting on questions and collecting the right information will help to avoid unexpected financial expenses.

Important! Every entrepreneur engaged in this business or planning such an activity should be interested in the regulation of the sale of low-alcohol beer drinks.

Privacy agreement

and processing of personal data

1. General Provisions

1.1. This agreement on confidentiality and processing of personal data (hereinafter referred to as the Agreement) is accepted freely and of its own free will, applies to all information that Insales Rus LLC and / or its affiliates, including all persons belonging to the same group with LLC "Insales Rus" (including "EKAM service" LLC) may receive about the User while using any of the sites, services, services, computer programs, products or services of "Insales Rus" LLC (hereinafter referred to as the "Services") and in during the execution of Insales Rus LLC of any agreements and contracts with the User. The User's consent to the Agreement, expressed by him in the framework of relations with one of the listed persons, applies to all other listed persons.

1.2. The use of the Services means the User's consent to this Agreement and the conditions specified therein; in case of disagreement with these conditions, the User must refrain from using the Services.

"Insales"- Society with limited liability"Insales Rus", PSRN 1117746506514, TIN 7714843760, KPP 771401001, registered at the address: 125319, Moscow, Akademika Ilyushin St., 4, building 1, office 11 (hereinafter referred to as "Insales"), on the one hand , and

"User" -

or individual who has legal capacity and is recognized as a participant in civil legal relations in accordance with the legislation of the Russian Federation;

or a legal entity registered in accordance with the laws of the state of which such entity is a resident;

or individual entrepreneur, registered in accordance with the laws of the state of which such person is a resident;

which has accepted the terms of this Agreement.

1.4. For the purposes of this Agreement, the Parties have determined that confidential information is information of any nature (production, technical, economic, organizational and others), including the results of intellectual activity, as well as information about the methods of carrying out professional activities (including, but not limited to: information about products, works and services; information about technologies and research works; data on technical systems and equipment, including software elements; business forecasts and information about proposed purchases; requirements and specifications of specific partners and potential partners; information, relating to intellectual property, as well as plans and technologies related to all of the above), communicated by one party to the other party in writing and / or electronic form, expressly designated by the Party as its confidential information.

1.5. The purpose of this Agreement is to protect confidential information that the Parties will exchange during negotiations, conclusion of contracts and fulfillment of obligations, as well as any other interaction (including, but not limited to, consulting, requesting and providing information, and performing other assignments).

2.Obligations of the Parties

2.1. The Parties agree to keep secret all confidential information received by one Party from the other Party during the interaction of the Parties, not to disclose, disclose, make public or otherwise provide such information to any third party without the prior written permission of the other Party, with the exception of cases specified in the current legislation, when the provision of such information is the responsibility of the Parties.

2.2. Each of the Parties will take all necessary measures to protect confidential information at least using the same measures that the Party applies to protect its own confidential information. Access to confidential information shall be granted only to those employees of each of the Parties who reasonably need it to perform official duties for the execution of this Agreement.

2.3. The obligation to keep secret confidential information is valid within the term of this Agreement, the license agreement for computer programs dated 01.12.2016, the agreement of accession to the license agreement for computer programs, agency and other agreements and within five years after termination their actions, unless otherwise agreed by the Parties.

(a) if the information provided has become publicly available without violating the obligations of one of the Parties;

(b) if the information provided became known to the Party as a result of its own research, systematic observations or other activities carried out without the use of confidential information received from the other Party;

(c) if the information provided is lawfully obtained from a third party without an obligation to keep it secret until it is provided by one of the Parties;

(d) if the information is provided at the written request of the authority state power, other state body, or local self-government body in order to perform their functions and its disclosure to these bodies is mandatory for the Party. In this case, the Party must immediately notify the other Party of the request received;

(e) if the information is provided to a third party with the consent of the Party about which the information is being transferred.

2.5. Insales does not verify the accuracy of the information provided by the User, and is not able to assess its legal capacity.

2.6. The information that the User provides to Insales when registering in the Services is not personal data, as they are defined in the Federal Law of the Russian Federation No. 152-FZ of July 27, 2006. "About personal data".

2.7. Insales has the right to make changes to this Agreement. When making changes in the current version, the date is indicated latest update. The new version of the Agreement comes into force from the moment of its placement, unless otherwise provided new edition Agreements.

2.8. By accepting this Agreement, the User acknowledges and agrees that Insales may send personalized messages and information to the User (including, but not limited to) to improve the quality of the Services, to develop new products, to create and send personal offers to the User, to inform the User about changes in Tariff plans and updates, to send marketing materials to the User on the subject of the Services, to protect the Services and Users, and for other purposes.

The user has the right to refuse to receive the above information by notifying in writing to the e-mail address Insales - .

2.9. By accepting this Agreement, the User acknowledges and agrees that the Insales Services may use cookies, counters, other technologies to ensure the operation of the Services in general or their individual functions in particular, and the User has no claims against Insales in connection with this.

2.10. The user acknowledges that the equipment and software, used by him to visit sites on the Internet may have the function of prohibiting operations with cookies (for any sites or for certain sites), as well as deleting previously received cookies.

Insales has the right to determine that the provision of a certain Service is possible only if the acceptance and receipt of cookies is allowed by the User.

2.11. The user is solely responsible for the security of the means chosen by him to access the account, and also independently ensures their confidentiality. The User is solely responsible for all actions (as well as their consequences) within or using the Services under the User's account, including cases of voluntary transfer by the User of data to access the User's account to third parties on any terms (including under contracts or agreements) . At the same time, all actions within or using the Services under the User's account are considered to be performed by the User, except for cases when the User notified Insales about unauthorized access to the Services using the User's account and / or about any violation (suspicions of violation) of the confidentiality of their account access.

2.12. The User is obliged to immediately notify Insales of any case of unauthorized (not authorized by the User) access to the Services using the User's account and / or any violation (suspicion of violation) of the confidentiality of their means of access to the account. For security purposes, the User is obliged to independently carry out a safe shutdown of work under his account at the end of each session of work with the Services. Insales is not responsible for the possible loss or corruption of data, as well as other consequences of any nature that may occur due to the violation by the User of the provisions of this part of the Agreement.

3. Responsibility of the Parties

3.1. The Party that has violated the obligations stipulated by the Agreement regarding the protection of confidential information transmitted under the Agreement is obliged to compensate, at the request of the affected Party, the real damage caused by such a violation of the terms of the Agreement in accordance with the current legislation of the Russian Federation.

3.2. Compensation for damages does not terminate the obligations of the violating Party for the proper performance of obligations under the Agreement.

4.Other provisions

4.1. All notices, requests, demands and other correspondence under this Agreement, including those including confidential information, must be made in writing and delivered personally or through a courier, or sent by e-mail to the addresses specified in the license agreement for computer programs dated December 01, 2016, the agreement of accession to the license agreement for computer programs and in this Agreement or other addresses that may be specified in writing by the Party in the future.

4.2. If one or more provisions (conditions) of this Agreement are or become invalid, this cannot serve as a reason for termination of other provisions (conditions).

4.3. The law of the Russian Federation shall apply to this Agreement and the relationship between the User and Insales arising in connection with the application of the Agreement.

4.3. The User has the right to send all suggestions or questions regarding this Agreement to the Insales User Support Service or to the postal address: 107078, Moscow, st. Novoryazanskaya, 18, pp. 11-12 BC "Stendhal" LLC "Insales Rus".

Publication date: 01.12.2016

Full name in Russian:

Limited Liability Company "Insales Rus"

Abbreviated name in Russian:

Insales Rus LLC

Name in English:

InSales Rus Limited Liability Company (InSales Rus LLC)

Legal address:

125319, Moscow, st. Academician Ilyushin, 4, building 1, office 11

Mailing address:

107078, Moscow, st. Novoryazanskaya, 18, building 11-12, BC "Stendhal"

TIN: 7714843760 KPP: 771401001

Bank details:

Hello to all alarmists!

Right in the morning, my mail is littered with letters, people ask in the comments on the blog, what should I do now? After all, the Ministry of Finance proposed to ban individual entrepreneurs from selling beer from July 1, 2017! Ahh, the plaster is removed, the diamonds are taken out, everything is gone! Nothing is missing, gentlemen. Relax! I think such a bill will never become law, and here's why.

How many such initiatives of our narrow-minded deputies have already been? Hundreds! And how many of them have passed? Units! In the accompanying note, the Ministry of Finance argues for its bill by the fact that individual entrepreneurs do not fully declare the volumes retail sales beer. As an illustration, data are given that separate In 2015, breweries declared a much smaller volume of beer than that sold in retail.

The key word here is separate. How many of these breweries? One? Two? What are their names? Where are they? Unfortunately, the Ministry of Finance does not provide such data; no evidence of the guilt of these most individual. Perhaps our deputies decided to take an example from representatives of the United States such as Kirby or the notorious Psaki, who like to accuse everyone from the rostrum without any evidence?

Further, the Ministry of Finance complains that fines for individual entrepreneurs for failure to submit alcohol declarations amount to 10-15 thousand, and with LLC already 150-200 thousand rubles. “In this regard, organizations selling beer and beer drinks, in order to evade liability, conclude fictitious lease agreements with individual entrepreneurs for the sale of these products,” the explanatory note says. How many such cases have been identified? What individual entrepreneurs entered into such contracts? The Ministry of Finance bashfully holds back these data.

I have a logical question: what for did you introduce EGAIS then? Alcohol declarations duplicate this system and for good they should be abolished long ago! Almost all individual entrepreneurs have long been registered with the Unified State Automated Information System and conscientiously submit data on the turnover of alcohol. What else do you need? What other data can you get from alcohol declarations that are not in the EGAIS?

When on January 1, 2013 it was forbidden to sell beer in kiosks, about 20% of entrepreneurs closed down, the budget missed huge amounts of tax revenue. The government understood this long ago and now they are trying to revive the stalls. At the same time, the Ministry of Finance wants to ban the sale of beer to individual entrepreneurs from July 1, 2017, and in fact here 90% of sellers are individual entrepreneurs. What are you doing there, people's anger is not enough? Is life boring? Or are you up there unable to share grants from large networks?

In your opinion, now I need to spend money on opening an LLC, extra accounting, buying new keys for EGAIS, cash registers, and so on? Is this support for entrepreneurship? I think that sane people from the government are throwing more such questions at the Ministry of Finance. You are raising the excise tax on beer by 60% from January 1, 2017! Do not burst, gentlemen deputies?

The Ministry of Finance and RAR have so far refrained from commenting on such questions. This is called: they blurted out without thinking, as most often happens with us. Or is that how they feel public opinion? If a wave of indignation rises, then we will get off topic. And if not, we will quietly push through to the admiration of all the large networks that are unfastening the loot to us in order to crush small entrepreneurs.

I consider the ban on the sale of IP beer from July 1, 2017 not only thoughtless, but downright criminal. I think that at the top they still understand this and will not give way to such a stupid initiative. And what do you think about all this? Write in the comments. And subscribe to new articles, I will keep you updated!

Sincerely yours, Andrey Pogudin.