New beer law. Beer Law: Recent Changes. Where you can and where you can't sell beer

We are in a hurry to please entrepreneurs planning to open a beer store: a license for the sale of draft and bottled beer is not required... Only strong alcohol is subject to mandatory licensing (over 16%). For beer and drinks based on it: cider, poiret, mead, etc. this requirement does not apply.

The rules for selling beer are governed by Article 18 of Federal Law No. 171-FZ. It is in it that "types of activities subject to licensing" are described.

What documents are needed for the sale of beer on tap: a list

Many entrepreneurs open cafes where, in addition to draft beer snacks and hot meals are served. Such a business gives more possibilities... A cafe with draft beer can be located near airports and train stations, near sports facilities and in other places where the opening of the usual point of sale selling foam is illegal.

However, keep in mind that the requirements for the catering point are stricter. So, you will need a sanitary and epidemiological conclusion from the SES. And to get it you need a whole package of documents:

• Certificate of registration of an individual entrepreneur or LLC
• Tax Registration Certificate
• The approved charter of the enterprise
• Order on appointment to the position of store director
• Full list products sold
• Plan from the Bureau of Technical Inventory (BTI)
• Object registration certificate
• Waste disposal and collection agreement
• The contract for the disinfection of the premises
• A list of employees
• Medical records of employees who pour beer
• Hygienic certificates
• FEZ for goods sold
• Plan for conducting and monitoring the implementation of sanitary and preventive measures

Requirements for a draft beer store in 2017: what documents will be needed when checking

Retail outlets and catering are often subject to inspections by supervisory authorities. To be ready for any service visit, keep close at hand:

• Product quality certificate provided by the manufacturer
• Invoices for the entire range of goods
• Lease agreement or certificate of ownership of the premises
• Labor contracts and medical books employees
• Conclusion from the SES (for a catering point)

All reports on trade are kept in accordance with the regulations established by the Tax Service. In addition to the standard documents for any business, the owner of a beer shop is obliged to hand over alcohol declaration in form No. 12. The document is submitted to the local branch of Rosalkogolregulirovanie. The declaration can be submitted to in electronic format... Special software will facilitate the process of filling out the declaration.

Draft Beer Store Fire Requirements: What To Check Before Signing A Lease

The requirements of the Fire Department do not differ from the requirements for other retail outlets. If you are renting a space, it is the landlord who is responsible to the fire department. Before signing a lease agreement for a store, make sure that the premises comply with the established standards:

• Installed fire alarm
• There is an evacuation plan
• Fire safety log is kept

Maintaining internal documentation

The owner of a draft beer shop needs to keep records. The requirement is valid for individual entrepreneurs and LLCs. This is reflected in the Federal Law No. 164. The sales journal must be completed every day. It contains information about sales: the name of the product, the amount of goods received and sold.

Beer Shop Permits: Follow the Law and Run a Successful Business

By complying with the above requirements, you will be able to run a draft beer business without breaking the law. If you want to bypass the difficult period of paperwork and get started faster, pay attention to ready business... When buying a beer store operating in St. Petersburg, check whether the owner has all the necessary documents.

If you are interested in offers in other cities, Altera Invest will help you. We have shops selling draft beer in Moscow. And also a base of beer shops, which are sold throughout Russia.

Beer sales, fines, licenses, law, igis, magazines, cash desks, sales time, labeling, liability, bottling and other new beer issues, as well as what is needed for sale in 2020, and other issues in the article.

Constantly updated, last time: 01.10.2020.

Peculiarities of beer sale regulation in Russia

Beer is a frothy drink obtained from brewing malt, hops and / or hop products and water with or without the use of grain products, sugar-containing products as a result of the fermentation of beer wort, containing ethyl alcohol formed during the fermentation of the wort. Beer must be prepared without the addition of ethyl alcohol.

The detailed procedure for the characteristics of the drink is fixed in GOST 31764-2012.

You don't need a license to sell beer

You do not need a license to sell beer, cider, mead and other alcoholic beverages ( exclusion of wine, champagne and spirits: vodka, cognac, brandy, becherovka…. with a share of ethyl alcohol over 9%), they can be sold through an LLC or individual entrepreneur without a license at retail and wholesale, but it is important to observe the time of sale, EGAIS, the presence of a cash register, the age of the buyer, the volume of plastic containers.

For reference (taken out in separate articles):

• Where it is forbidden to trade in alcohol, wine, including on holidays: March 8, February 23, etc.
• Responsibility for drinking alcoholic beverages

What to choose an LLC or an individual entrepreneur when selling beer

Individual entrepreneurs (IE) and LLC have the right to sell beer.

Federal Law No. 171 "On government regulation production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products "indicates that the sale of beer and other alcoholic products is carried out from a legal entity or an individual entrepreneur (IE) using a cash register registered with the tax service and the corresponding codes OKVED.

An individual entrepreneur (IE) does not have the right to sell strong alcoholic beverages

Such a prohibition is indeed established by Article 16 of the Law of 22.11.1995 No. 171-FZ.

Where you can and where you can't sell beer

Sale is allowed only in stationary objects

Retail sale of alcoholic beverages is not allowed in non-stationary trading facilities, which are temporary structures to which it is not possible to register ownership.

Examples of non-stationary objects

1. stall (tent),

Beer delivery

It is not allowed to sell alcoholic beverages remotely, as well as goods, the free sale of which is prohibited or limited by law. Russian Federation.

All possible schemes to circumvent this prohibition are in our article: Is it possible to deliver beer to your home, delivery is allowed according to the law.

Application of online cash registers, online CTT

From July 01, 2018, the use of online cash registers is mandatory for everyone who receives cash cash, incl. using electronic means of payment.

What a fine

WITH in accordance with paragraph 3 of Art. 14.16 of the Administrative Code of the Russian Federation for violation of special requirements and rules for the retail sale of alcoholic and alcohol-containing products

• Individual entrepreneurs can be fined 20-40 thousand rubles.
• Organizations will have to pay more - up to 300 thousand rubles.

Registration of the primary organization is not required

The letter of the Ministry of Finance of Russia dated June 16, 2017 No. 03-01-15 / 37692 indicates that when using an online cash register, it is not necessary to maintain a cash register, namely:

The Ministry of Finance of Russia explains that the use of primary accounting forms for accounting for cash settlements with the population with using KKM, approved by the decree of the Goskomstat of Russia, is not required when switching to online cash registers.

This is due to the fact that the updated legislation on CCP does not contain such a requirement. All fiscal data is transmitted at the time of calculation in the form of documents generated using cash register equipment, v tax authorities through a fiscal data operator (with some exceptions).

We remind you: KKT must be equipped with a clock set to the real time of the area where this equipment is installed and used (letter of the Ministry of Finance No. 03-01-15 / 28072 dated 05/05/2017).

Who has the right to work without an online cash register

Until 07/01/2019, except for organizations with a registered staff.

The list of organizations and individual entrepreneurs exempted from the use of online cash registers for another year, in particular, includes:

• businessmen providing shoe repair and painting services;
• entrepreneurs and legal entities providing services for the manufacture and repair of keys and metal haberdashery;
• persons selling products of folk or artistic handicrafts made with their own hands;
• citizens who rent out their own housing;
• organizations or individual entrepreneurs engaged in the sale of newspapers and magazines in kiosks;
• sellers of ice cream and draft without alcoholic beverages Takeaway;
• sellers of products from tank trucks: milk, kvass, fresh fish, etc .;
• sellers of seasonal vegetables and fruits, including melons and gourds;
• vendors of distribution products; sellers at fairs, trade shows, retail markets.

At the same time, they are obliged to issue SRF to buyers. And if, before July 1, 2018, they could use the old-style forms, then from July 1, it is necessary to form a BSO using a new-type device - “ automated system for BSO ". In fact, the strict reporting form is transformed into one of the types of cash register receipt.

In addition, they have the right not to use online cash registers for an unlimited period of time:

• pharmacies working at paramedic points in villages and villages, as well as departments of hospitals and medical organizations v settlements where there are no pharmacies;
• legal entity and individual entrepreneur working in remote villages and villages or hard-to-reach areas. The area must be on the list approved by the regional authorities.

All these sellers of goods and services, including those who work in areas that are difficult to reach for communication, are required to issue buyers a strict reporting form (SRF) replacing cashier's check... At the same time, the legislation and tax authorities emphasize that it is necessary to issue SRF not at the request of the client, but for each case of calculation. If this is not done, you can get a fine, there are already precedents.

Is it possible to use the online cash register only for selling alcohol, and sell the rest of the goods in the old way, without CCP?

You can, but it's not that simple. For goods without excise duty, at the request of the buyer, you must issue a proof of purchase - sales receipt, receipt, etc.

If you have alcohol and other excise goods on your counters, you must use the checkout counter and punch checks on them. Even if you pay taxes on UTII, STS or PSN and still have not used the CCP.

According to paragraph 7 of Article 7 290-FZ, entrepreneurs and organizations on UTII and PSN may not apply cash register when selling excise-free goods before July 1, 2018. In this case, at the request of the buyer, the seller is obliged to issue a receipt, sales receipt or other document confirming the fact of purchase. They must be printed automatic system or in a typography. In addition, if they do not have a tear-off part, it is imperative to write out a duplicate.

On the other hand, if you want to punch checks even for goods without excise taxes, the law does not prohibit this. Use a cash register if that's more convenient.

Cashier is not just a requirement of the law, it is also a useful tool. It helps to analyze sales, keep track of goods and manage the store remotely from a mobile device.

Is it possible to punch checks with the exact names of alcohol, and reflect the rest of the goods in the total amount?

The logic is as follows: according to the current version of 54-FZ, each seller indicates the name of each sold product in the check.

Law 290-FZ in paragraph 17 of Art. 7 clarifies that entrepreneurs and organizations under special tax regimes (UTII, STS, PSN) may not indicate these data in the check until February 1, 2021, but only if they do not trade excisable goods.

If you sell strong alcohol or other products with excise duty, it is mandatory to indicate the names of all goods, including excise ones, from March 31, 2017.

Penalties for not using CCP

For violation, Article 14.5 of the Code of Administrative Offenses of the Russian Federation "Sale of goods, performance of work or provision of services in the absence of established information or non-use of cash registers in cases established by federal laws" is provided. Their size for officials is from 1/4 to 1/2 of the unbroken check, but not less than 10 thousand rubles. The organization will pay from 3/4 to 1 of the amount per check, but not less than 30 thousand rubles.

Friendship of food service and alcohol

It is allowed to sell alcoholic beverages with an ethyl alcohol content of not more than 16.5 percent by volume finished products at any facilities, subject to the provision of services at these facilities Catering... It is important to understand the difference between the retail sale of alcohol and the retail sale of alcohol and alcoholic beverages in the provision of catering services.

If you have an unregistered premises (including premises that do not correspond to clause 1 of this article) and you want to trade beer on its territory ( for bottling and in containers), you need to arrange a cafe or buffet ( a table + two chairs + a hanger, pies purchased in a store displayed in a shop window with tea + notification of the opening of a cafe to Rospotrebnadzor, and for Moscow and the region to the register of stationary objects of the consumer market (a Certificate is issued). Check this question with the Administration of your region / district).

How to Sell Draft Beer in a Cafe Takeout

The answer is simple: do not close the bottle with a lid, give it into the hands of the buyer, taking into account the paragraph above!

Important ! In the Ulyanovsk region (and only), in August 2016, new norms were introduced allowing the sale of alcoholic products, namely, the presence of a toilet and a sink, at least 6 tables and 24 seats, as well as a full-fledged operating kitchen. This innovation took effect from 01.01.2017. We believe that these rules will be rolled out in this area and will be introduced throughout the territory of the Russian Federation.

When providing catering services, there are no restrictions on trading time - for all others, it is prohibited to trade from 23:00 to 8:00.

Sale of beer in a summer cafe

Regional authorities have the right to authorize the sale of beer in summer cafes located at stationary facilities. For example, in Moscow, this is determined by the Decree of the Government of Moscow No. 102-PP dated March 6, 2015 "Rules for the placement, arrangement and operation of seasonal (summer) cafes at stationary catering establishments."

Shop in a beer shortage, the cafe is not a helper

In connection with the introduction of the EGAIS, restaurants, cafes, bars, hotels, hotels from July 1, 2016 are prohibited from purchasing alcohol in retail chains(retail). In general, any outbid for the purpose of resale in retail chains, stores, etc. banned, you can only buy from wholesalers.

How to deal with cocktails

In the café and bar licensed to sell alcoholic beverages ( vodka, cognac .. over 9%) can make their cocktails by mixing alcoholic products, since mixing is not the production of alcoholic products.

What OKVED codes are needed

Wholesalers

• OKVED 46.17.23 - Activities of agents for wholesale trade beer.

Retail

• OKVED 47.25.12 - Retail trade in beer in specialized stores.

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 registries.

Old codes cannot be used:

• 52.25 Retail sale of alcoholic and other beverages.
• 52.25.1 Retail sale of alcoholic beverages, including beer.
• 52.25.11 Retail sale of alcoholic beverages, except beer.
• 52.25.12 Retail trade in beer.

EGAIS for the sale of beer "what a beast"

All wholesale purchases of alcoholic beverages in urban settlements, as well as from July 1, 2016 retail sales in mandatory entered into the EGAIS system.

If you sell beer or other low-alcohol (excise-free) drinks, then you do not need to send data on retail sales to EGAIS. You are required to record the receipt of goods from the supplier in EGAIS and keep an alcohol log.

Organizations and individual entrepreneurs who purchase beer for further retail sale are obliged to connect to the system for years only to confirm purchases of wholesale lots from legal producers and suppliers, at the moment, fixing the sale to the end buyer is not required, therefore, trading in beer through EGAIS is easier than other alcoholic beverages ...

You report retail sales in an alcohol magazine

Data from there is not sent anywhere, but Rosalkogolregulirovanie checks this data when it comes with an inspection. If you are a catering company or sell excise-free bottled alcohol, then make an entry in the journal on the fact of opening the container - when you uncorked a bottle or opened a new keg. The data must be entered no later than the next day.

You need to connect to the system before 01/01/2016 or from the moment of the start of trading, but exactly before the arrival of the inspectors. In rural settlements, the deadline has been shifted from July 1, 2017. For EGAIS, both a wired connection and a connection via mobile or satellite communications are suitable.

The term for fixing information in EGAIS

It is calculated in working days and is 3 (three) days, for countryside 7 (seven) days.

Strange situation! Beer cannot be moved to another current of sales of one legal entity, if there is no EGAIS at the points, while if the issue concerns vodka, cognac, then the products can be moved between divisions of one legal entity, while the reflection of these movements in the EGAIS is mandatory, but nothing is said about devices. Perhaps we are misunderstanding something, I hope the readers will correct us.

Decommissioning and battle in EGAIS

The enterprise is obliged to reflect in the egais system the write-off of alcohol combat and losses on a daily basis. In the event of a violation, a fine of 150 thousand rubles. So, be careful not to get caught, but if the supervisory authorities come, at the same moment make an act to write off the current date. Arbitrage practice already exists, but it is ambiguous and who needs legal problems.

6.1. How to check alcohol in EGAIS, etc. A new clarification of certain issues of the EGAIS, including how to check the authenticity of alcoholic beverages in the conditions of the EGAIS system, filling out the sales journal, as well as questions about the operation of the system, how to move products between stores and common errors of its users.

Responsibility for violations + fine

(in a separate article)

Since 2015, the responsibility for the sale of alcohol to minors has been tightened, and in 2019, the responsibility for the sale of alcohol to minors has been retained, also, at your request, dear readers are posting - Fines for violation of the rules for the sale of ethyl alcohol, alcoholic and alcohol-containing products.

Do not forget about instructing the seller: Instructing the seller on the sale of alcohol and tobacco.

Maintaining a journal of the volume of retail sales

A form is introduced for a journal for recording the volume of retail sales of alcoholic and alcohol-containing products, and the procedure for filling out a journal for recording the volume of retail sales of alcohol and alcohol-containing products is provided. The absence of a register of sold alcohol may be considered a violation of the accounting procedure for ethyl alcohol, alcoholic and alcohol-containing products during their production or circulation. For this Art. 14.19 of the Code of Administrative Offenses of the Russian Federation provides for a fine. Its size for officials and entrepreneurs will be from 10,000 to 15,000 rubles. And for organizations - from 150,000 to 200,000 rubles.

The journal is filled out at the place of business

• organizations engaged in the retail sale of alcoholic or alcohol-containing products;
• individual entrepreneurs selling beer and beverages based on beer, cider, Poiret, mead or alcohol-containing products.

The magazine is filled daily

The magazine is filled out every day, no later than the next day after the fact of retail sale of each unit of consumer packaging (packaging) of alcoholic and alcohol-containing products or upon opening the transport packaging (including reusable packaging) used for the supply and subsequent bottling of products to the consumer, one of the following ways:

• on paper;
• electronically using software tools unified state automated information system accounting for the volume of production and turnover of ethyl alcohol, alcoholic and alcohol-containing products (EGAIS).

Example of a sales journal

1. № p / p - enter the record number in order.
2. The retail sale date for each alcoholic beverages.
3. Barcode ( Here you need to indicate information in the form of symbols read from a federal special or excise stamp using the EGAIS software. To do this, the organization must have a 2D barcode scanner. When connected to the EGAIS system, its presence is mandatory. The "barcode" of the alcohol accounting log should be filled out only by those companies and individual entrepreneurs who have connected to the EGAIS system. The barcode is read by a special scanner from the excise stamp).
4. Product name ( the name of alcoholic or alcohol-containing products is entered. The data should be taken from the accompanying documents).
5. Product type code ( it is necessary to indicate the code of the type of product in accordance with the Classifier of types of products. It was approved by the Order of Rosalkogolregulirovanie from 23.08.2012 No. 231).
6. Capacity (l) - fits in the capacity of consumer containers (shipping containers) of sold alcoholic or alcohol-containing products.
7. Amount).

Example of a filled magazine

If the organization will keep a journal in electronic form for products marked with federal special and excise stamps, columns 4, 5, 6 and 7 do not need to be filled out.

You do not need to register somewhere and submit a logbook for checking somewhere. It must be kept at every point of sale of alcohol and beer. But at the request of the auditors, it will have to be presented. Download accounting journal Egais in Word (Word).

Labeling of beer, cider and other beer products

Based on par. 6 tbsp. 5 of Law No. 171-FZ it follows that the powers of the state authorities of the Russian Federation in the field of production and circulation of ethyl alcohol, alcoholic and alcohol-containing products include, in particular, the introduction of mandatory labeling with federal special stamps and excise stamps of alcoholic products produced and sold on the territory Russian Federation.

According to paragraph 2 of Art. 12 of Law No. 171-FZ, alcoholic products (with the exception of beer and beer drinks, cider, Poiret, mead) are subject to mandatory labeling in the following order:

• alcoholic beverages produced on the territory of the Russian Federation, with the exception of exported alcoholic beverages, are marked with federal special marks. The specified brands are purchased in government agency authorized by the Government of the Russian Federation;
• alcoholic beverages imported (imported) into the Russian Federation are marked with excise stamps, except for the cases provided for in clause 5.1 of Art. 12 of Law No. 171-FZ. The specified brands are purchased in customs authorities organizations importing alcoholic beverages.

Important: Marking of alcoholic beverages with stamps not provided for by Law No. 171-FZ is not allowed.

According to clause 5.3.3 of the Regulation on Rosalkogolregulirovanie, the Federal Service for the Regulation of the Alcohol Market (Rosalkogolregulirovanie) issues federal special stamps for labeling alcoholic beverages produced in the territory of the Russian Federation.

Sale of beer in containers up to 1.5 liters is prohibited

Government of Russia "On the use of packaging" approved amendments to the law, according to which the production of alcoholic beverages with an ethyl alcohol content of more than 0.5% in plastic containers with a volume of more than 1.5 liters is prohibited from January 1, 2017, and retail sale of alcohol in such containers - from July 1, 2017 ...

“The law is aimed at establishing a phased ban on the production, circulation and retail sale of alcoholic beverages in consumer containers (consumer containers or packaging made entirely of polyethylene, polystyrene, polyethylene terephthalate and other polymer material) ", - the document says.

These innovations indicate that there is no competition in the Russian Federation in the aluminum production market (the manufacturer UC Rusal belongs to " successful businessman"Oleg Deripaska), and they are trying to solve this problem through restrictive measures.

The essence of the law that came into force

Retail sale of alcoholic beverages with an ethyl alcohol content of more than 0.5 percent of the finished product volume in polymer consumer packaging (consumer packaging or packaging made entirely of polyethylene, polystyrene and other polymer material) is not allowed. Retail sale of alcoholic beverages with an ethyl alcohol content of 0.5 percent of the volume of finished products is allowed in polymer consumer containers with a volume of not more than 1,500 milliliters. "

In an explanatory note, the authors of the bill noted that the consumption of beer in the country has acquired an "alarming volume", the cheapness of plastic containers increases the availability of this drink for the population, and its large volume makes people drink more. At the same time, in Q1 2016, the media reported that the state corporation Rosspirtprom bought 8 alcohol production plants, while the alcohol production market was almost completely under state control.

The amount of the fine for the sale of more than 1.5 liters

The fine for the sale of alcohol with an alcohol content of more than 0.5% in a polymer container with a volume of more than 1.5 liters, as well as for its production and turnover, is:

1. for officials from 100 thousand to 200 thousand rubles. with or without confiscation of objects of an administrative offense,
2. for organizations - from 300 thousand to 500 thousand rubles. with or without confiscation of objects of an administrative offense.

At the same time, confiscation of objects of an administrative offense can be applied to both the first and the second, together with a fine.

What is mentioned in the article applies not only to legal entities but also to individual entrepreneurs.

Law enforcement practice

• In each specific case, when selling beer on the territory of a non-stationary facility, it is necessary to answer the question of what kind of activity the entrepreneur was engaged in: retailing beer (in this case, bringing to administrative responsibility is lawful) or providing consumers with catering services (then penalties should not be applied ).

Who is responsible for this issue?

Questions regarding the turnover (including sale) of alcoholic beverages, incl. and beer are in the department Federal Service on the regulation of the alcohol market (website address - fsrar.ru) and are regulated by Federal Law No. 171 "On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on the restriction of consumption (drinking) of alcoholic products."

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New rules for retail trade in beer from March 1, 2017

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

New requirements for the sale of draft beer

The new provisions relate to the specifics of trade in beer products in the provision of catering services. The changes expand the possibilities of stores with a catering function and vice versa, prohibit the sale of draft beer to those who do not provide food.

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

• premises used and owned by organizations engaged in cultural, 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);
• wholesale and retail markets (part 3, clause 2, article 16 of the Law);
• gas stations and public transport (part 4, paragraph 2, article 16 of the Law);
• places of deployment of troops, military bodies and formations that ensure the security and defense of the Russian Federation, as well as adjacent territories (part 5, part 10, paragraph 2, article 16 of the Law);
• airports, train 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 and public events with a large concentration of citizens, as well as the adjacent territories (part 8, paragraph 2, article 16 of the Law);
• retail outlets of a non-stationary type (part 9 of clause 2 of article 16 of the Law);
• territories adjacent to medical and educational organizations(Part 10, Clause 2, Article 16 of the Law).

In the amended law for the above list, there are exceptions regarding organizations that sell draft beer and provide catering services.

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

Other changes

The second change concerns the ban, which is introduced in 2017, on the sale of beer without the 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 begins 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 must be sold at facilities that have halls equipped with everything necessary. These facilities also include dining cars, airplanes and water transport.

One of the important rules is the opening of the container by the seller dispensing alcoholic beverages (clause 4 of article 16 of the Law).

Beer or other types of alcohol purchased in a 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 ambitious changes affected Article 16 of the Law. With the beginning of their operation, draft beer shops that do not have their own catering will not be able to trade. Organizations and entrepreneurs selling 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.

Selling beer is of interest to many entrepreneurs. There is always a steady demand for it; you do not need to make large investments to start a business. There are also no particular problems with equipment and space for rent. All of these factors make big income a reality. But a preliminary acquaintance with this field of activity in many 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 trade in beer, 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 beverages as before. But since 2016, lawmakers have made changes to the main legal document- No. 171-FZ of 1995, which regulates the sale of alcoholic beverages. According to the draft, some of the new norms will come into force on January 1, 17, and the rest of the additions and amendments - on July 1, 17.

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

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

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

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

Beer trade requirements

Trade in beer in 2017 is carried out according to the changed rules, in connection with which the entrepreneur will need to calculate in advance whether this type of income is profitable 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 point of sale. Only catering establishments, which may 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 beer, the area of ​​the premises is not limited.
2. The location of the outlet. The proximity of institutions is not allowed:

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

You cannot trade in public transport and other crowded places, near military facilities.

1. There are also requirements for reporting EGAIS (unified state automated information system) regarding individual entrepreneurship (IP). The state controls the production and sale of alcoholic beverages. 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 on the network at egais.ru;
• install on the computer a program - the UTM utility (for accounting of goods);
• check how everything works in terms of program compatibility.
• upon receipt of a consignment of goods, check the invoices through the system, while rejecting or accepting the document, and also note inconsistencies;
• the procurement information is loaded into the cash register program.

Similar reporting applies to rural areas, which are also subject to No. 182-FZ (Federal Law) dated June 29, 2015. Beer trade for individual entrepreneurs working on the UTII tax system in settlements must fully connect 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 data to EGAIS. Failure to comply shall result in the imposition of a fine from 10 to 15 thousand rubles.

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

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

And also criminal liability is possible.
Note! If in doubt about age, the seller must ask for documents.

1. There are time limits for the night period (from 10 pm to 10 am - ban on sales).
2. At the request of buyers, it is necessary to issue SRF (specialized forms), although KKM (cash register, cash register) is not required for use.
3. For beer trade, a book should be kept in accordance with the form from RosAlkoRegulation. It is required to enter daily sales records in the journal: code, product name, product volume, number of sales.
4. From March 1, 17, it is mandatory to have a cash register (cash register equipment) for each seller trading from an individual entrepreneur. It will be necessary to use a cash register according to a new model (Online cash register).

Requirements for manufacturers

The rules for selling beer also apply to brewers, for whom there are also changes in the law on the sale of alcohol. Requirements apply to containers. Since the beginning of 17, the production of alcoholic beverages in polymer packaging exceeding 1.5 liters has been 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. And also a significant fine is imposed.

Manufacturers' position: the decision of the 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

Sale license beeroptional 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 and other controlling 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 a special permit, as well as sold in a standard container.

However, you should still follow the dynamics of legislation on this issue, as well as pay attention to local legal regulations. Beer turnover and licensing have been discussed many times in The State Duma, but there are no changes in this area yet.

Which company is better for the beer trade: individual entrepreneur 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, the 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. If the rules for issuing payment documents (forms, checks) to buyers are not followed, the individual entrepreneur 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 LLC and individual entrepreneur are required to keep records, making daily entries on the sale of alcohol in the journal. Record keeping 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 obliged to declare and record the volume of sales, while for LLC these procedures are simplified in relation to taxation.

Finally

For individual enterprises, trade in beer of any kind 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 gathering the right information will help you avoid unexpected financial costs.

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

Mead, Poiret, beer, cider and other beer-based drinks are alcoholic products, therefore there are certain rules for the sale of draft beer in 2017... In this article, we will look at the main issues when trading beer drinks and, of course, beer.

Can an individual entrepreneur trade in beer?

The same article also mentions individual entrepreneurs: “ Retail sale of beer and alcoholic beverages based on beer are carried out by individual entrepreneurs and organizations. " It is retail sale !!! In accordance with Article 11 No. 171-Federal Law, wholesale trade in beer is allowed only to legal entities.

Is a beer trading license required in 2017?

Rules for the sale of draft beer in 2017

As you know, beer alcoholism develops imperceptibly and quickly, women and children are most susceptible to it. For a beer merchant, the more beer he sold, the greater his profit, but the buyer for the excessive consumption of the foamy drink pays with his health. Therefore, the Federal Law of the Russian Federation No. 171-Art.16 establishes prohibitions acting for the benefit of society.

1. It is prohibited to sell beer in the following places and territories adjacent to them:

• Military facilities;
• Medical, educational and children's institutions;
• Any type of public transport, as well as their stops;
• Cultural and sports facilities;
• Airports, train stations, markets, etc. public places(catering establishments are an exception).

1. Retail sale of beer allowed only in stationary shopping facilities. Consequently, the building must be entered in the real estate register and have a foundation. Temporary structures such as kiosks and stalls cannot sell beer. Catering establishments are an exception. If a shopping facility sells other strong alcoholic drinks besides beer, then its area must comply with the following standards:
   • In villages, suburbs - at least 25 sq. M;
   • Within the city limits - not less than 50 sq. M.

1. In addition to catering outlets, beer sale time is limited: from 8 am to 11 pm.
2. It is strictly forbidden to sell beer to persons under the age of majority. The sale of alcoholic beverages is punishable by law (Code of Administrative Offenses of the Russian Federation Art.14.16):

• From 350 to 550 thousand rubles - legal entity;
• From 150 to 250 thousand rubles - official person (head of an organization or individual entrepreneur);
• From 50 to 100 thousand rubles - the seller.

1. From January 1, 2017, it is prohibited to produce and trade in bulk, and from July 1, 2017 - retail sale of beer, which is bottled in plastic containers exceeding one and a half liters. For legal entities this threatens with a fine of 250 to 500 thousand rubles, for individual entrepreneurs - from 150 to 200 thousand rubles.

EGAIS for draft beer in 2017

Trade in beer through EGAIS is easier than other alcoholic beverages because it is not required to confirm every fact of selling a bottle of beer, which cannot be said about bottles of wine or strong alcohol. The main thing here is to confirm that wholesale purchase beer took place under legal conditions.

Draft beer sales reporting

At the end of each day, the number, volume, product type code and product name are entered in the reporting journal. For incorrectly keeping a journal or for its absence, there is a fine in the amount of: 100-200 thousand rubles for organizations and 10-20 thousand rubles for an individual entrepreneur.

Let's summarize

When selling beer, consider the prohibitions established by law: the circle of consumers, the time of sale, the location of the facility.

It is impossible to purchase a batch of beer legally for further sale without being connected to the Unified State Automated Information System. You must register on the Rosalkogolregulirovanie website. Then, in this system, each time you indicate the date and volume of the purchase and fix the product balances.

Informative video on how to open a draft beer store from scratch:

Beer sales in 2017 obliges to keep a book of records, timely submit declarations on the sale of alcoholic beverages.

Regardless of the tax regime, from 03.03.2017 it is possible to sell beer, including in public catering, only if there is a cash register.

Rules for the sale of draft beer in 2017 practically the same for both legal entities and private entrepreneurs and organizations. Stick to them, strictly adhere and then you will not face the law, and you will not have to pay fines.