Many people believe that beer trading brings good profits to the business owner. Is it really? The state is constantly changing the rules of the game and complicating them, as a result of which many give up sales and move to a less regulated industry. In this article we will look at what new rules for beer sales came into force due to changes in legislation and what needs to be taken into account before opening a new “point” of sale.

Who can sell

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

Beer can be sold at retail without obtaining a license

However, conditions in 2017 became more difficult. They introduced the following restrictions:

1. Retail sales of the drink are allowed only in owned stationary facilities. Sales from mobile sites or temporary premises are prohibited.
2. A store selling a retail drink should not be located near hospitals, cinemas, theatres, schools, kindergartens and other children's, cultural, educational or medical institutions.
3. Selling beer is prohibited gas stations, in the market, at bus/train stations, in passageways or crowded places.
4. You cannot engage in sales if the owner does not have necessary documents(payment bills, waybills, etc.).
5. In the period from 22-00 to 10-00 (the ban may be regional).
6. The sale of alcoholic beverages to persons under the age of majority is strictly prohibited.
7. An entrepreneur selling alcohol is required to keep records in the appropriate form (this norm is regulated by the RAR).

Innovations in the law

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

1. Retail outlets selling goods at retail within populated areas.
2. Individual entrepreneurs purchasing a drink for the purpose of its subsequent sale at a retail outlet.
3. Suppliers who engage in wholesale sales, purchasing and storage of beverages.
4. Catering establishments that have permission to sell when purchasing a product (bar, restaurant, club, cafe, etc.).

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

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

Failure to provide data to EGAIS

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

Do I need a license to trade?

Many businessmen ask the question: is a license needed to sell low-alcohol products? This norm is regulated by Federal Law No. 171 (Article 18). It states that as of 2018, a license is not needed to sell beer, so there is no need to purchase one (but deputies are constantly talking about the possibility of introducing this norm, so we recommend that you follow possible changes). If the norm is adopted and comes into force, and the individual entrepreneur does not have a license, this will result in serious fines and even closure of the business.

Conclusion

Above we have discussed all the controversial issues andNow we present the main points that should be taken into account in activities:

1. The foamy drink can be sold by both LLCs and officially registered individual entrepreneurs.
2. An LLC has the right to wholesale, store or purchase goods, while an entrepreneur purchases beer only for retail trade.
3. As of 2017-2018, a trading license is not required.
4. Sales are permitted within a certain distance from schools, kindergartens, hospitals and public institutions.
5. The purchase is carried out only by individual entrepreneurs or LLCs connected to EGAIS.
6. From April 1, 2017, beer can only be sold at points equipped with a cash register.
7. Individual entrepreneurs or LLCs receive OKVED-2 codes for work.
8. The individual entrepreneur is required to keep a log of alcohol products sold and submit it to the relevant authorities.

In contact with

On January 1, 2017, a number of changes came into effect that will affect the sale of alcohol. Officials have limited the sale of beer in plastic bottles, which will have a significant impact on the industry. At the same time, the sale of alcohol will be carried out within the framework of the Unified State Automated Information System. By July, registration of alcohol sales will become mandatory not only for cities, but also for small towns.

Sale of alcohol: key changes from January 1, 2017

Lawmakers have banned the sale of alcoholic beverages in PET containers larger than 1.5 liters. At the same time, the restrictions apply to the entire range of products, although initially it was intended to limit only the sale of beer. Legislators also allowed for a reduction in the maximum container capacity to 0.5 liters, but during further discussions they abandoned this idea.

From the beginning of next year, the production and wholesale trade of alcohol in appropriate packaging will be limited. Ban on retail sales comes into effect in the second half of 2017.

Violations adopted law are fraught with serious fines. If the volume of the bottle exceeds the established standards, the fine for the organization will be 300-500 thousand rubles. In addition, officials will have to pay an additional 100-200 thousand rubles. penalties. In such conditions, from January 1, 2017, the production of alcohol in plastic containers that do not meet the standards will lead to serious costs.

The initiative of officials is aimed at improving the quality of alcoholic products. The release of alcohol in “large” plastic bottles allowed many companies to violate production technologies, which affected the consumer properties of the products. As a result of the consumption of such products, a threat to the health of citizens was created, government officials noted.

Alcohol producers are skeptical about the officials' initiative. First of all, the new rules will negatively affect beer sales in 2017.

Tighter rules for manufacturers

From 2017, several additions to the rules that apply to alcohol producers will be introduced. Let us remind you that for today they are:

— only legal entities can produce alcohol;

— production areas must meet all standards and be leased or owned. Moreover, a rental agreement cannot be concluded for a period of less than one year.

Now it is specifically stipulated that these premises must be exclusively stationary.

Since 2017, untimely payment of administrative fines will become grounds for refusal to issue a license or its suspension. This is a fairly strict rule that has not been practiced before.

Also, government agencies will have the opportunity to conduct unscheduled inspections of manufacturers based solely on the analysis of documentation received during inspection.

Position of domestic brewers

The decision of legislators to limit PET containers will deal a significant blow to Russian brewers. Industry representatives have not yet recovered from the economic crisis and continue to experience significant financial difficulties. In addition, innovations will affect related industries that produce plastic bottles.

In addition to entrepreneurs, with negative consequences regional budgets will face a significant loss of revenue. At the same time, the arguments of officials who intend to limit the volume of PET containers look quite controversial. Manufacturers do not see a direct connection between product quality and the volume of plastic bottles. If legislators intend to take care of the health of citizens, then to achieve this goal it is enough to strengthen control over compliance with production technology.

In such conditions, market participants turned to Vladimir Putin for support. Without government assistance, many companies will not be able to fulfill their obligations and will find themselves on the verge of bankruptcy.

In addition, domestic brewers were forced to join the EGAIS program, which required significant investment from business representatives.

Features of EGAIS

Trade in alcoholic products must be carried out within the framework of the Unified State Automated Information System, which will remain relevant from January 1, 2017. This automatic accounting mechanism allows you to track the movement and sale of alcohol in real time, which is effective way fight against the shadow market.

The point of sale of alcoholic beverages must be equipped with a special scanner that recognizes information from each bottle and transmits the information to single base data. In addition, for additional security, a two-dimensional barcode has been developed, which is printed on each receipt. Using this information, the consumer can verify the authenticity of the purchased product.

The use of EGAIS makes it possible to improve the quality control of alcoholic products at each stage of sales. Another issue that worried officials was increasing budget revenues. With the help of this mechanism, sales volumes of “shadow” alcohol are reduced, which increases tax revenues.

For business representatives, the transition to using EGAIS was associated with significant difficulties. Manufacturers have been forced to increase their costs to ensure timely data transfer. Considering the difficult financial situation of many companies during the crisis, additional investments became an unpleasant surprise for most of them. At the same time, business representatives had no choice; working without using EGAIS is fraught with serious fines.

In 2017, changes will come into force that will affect the sale of alcohol. In particular, from July 1, 2017, the production of beer and other alcohol in PET containers whose volume exceeds one and a half liters is prohibited.

This measure is aimed at improving product quality, officials say. In turn, business representatives consider such innovations harmful to the development of the alcohol industry.

In addition, the sale of alcohol must be carried out within the framework of the Unified State Automated Information System. Automated system accounting allows you to reduce the volume of the shadow market and increase control over the authenticity of alcoholic products.

Non-compliance established standards will lead to serious fines, the amount of which reaches 0.5 million rubles.

Selling alcohol via the Internet

It continues to remain illegal in 2017, but the Ministry of Finance of the Russian Federation proposed to resolve this issue step by step. They plan to start with the legalization of sales of wine products with protected geographical names, as well as beer and mead. Most likely this will happen as early as next year, and from 2019, it will be possible to legally sell any labeled alcohol on the Internet. Naturally, provided that the entrepreneur receives permits with a license and registers with EGAIS.

From alcohol to healthy lifestyle

The government became concerned about the way of life of Russians and decided to improve its health. On the website of the Cabinet of Ministers, a project was published with the loud title “Formation healthy image life." According to the plan, the number of healthy lifestyle adherents should increase from the current 36 to 60 percent in just three years. Therefore, we can assume that the rules for the sale of alcohol in 2017 and subsequent ones will become stricter and prices will rise.

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New rules for retail beer trade from March 1, 2017

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

New requirements for the sale of draft beer

The new provisions concern the specifics of trade in beer products when providing catering services. The changes expand the capabilities of stores with catering functions and, conversely, prohibit the sale of draft beer to those who do not provide food.

Places prohibited for retail sale of beer and alcoholic beverages
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, Clause 2, Article 16 of the Law);
• wholesale and retail trade markets (Part 3, Clause 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, Clause 2, Article 16 of the Law);
• airports, train stations and nearby areas (Part 6, Part 10, Clause 2, Article 16 of the Law);
• places where sources are located increased danger established in accordance with the law, as well as nearby territories (Part 7, Part 10, Clause 2, Article 16 of the Law);
• venues for mass and public events with large crowds of citizens, as well as adjacent territories (Part 8, Clause 2, Article 16 of the Law);
• non-stationary retail outlets (Part 9, Clause 2, Article 16 of the Law);
• territories adjacent to medical and educational organizations(Part 10, Clause 2 of Article 16 of the Law).

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

According to the amended law, the sale of beer with the provision of food is permitted on 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 the retail sale of beer is permitted includes retail and wholesale markets, train stations, airports, gas stations and adjacent areas, as well as non-stationary retail outlets.

Other changes

The second change concerns the ban, which was introduced in 2017, on the sale of beer without the EGAIS barcode (Part 13, Clause 2, Article 16 of the Law) and remote sales (Part 14, Clause 2, Article 16 of the Law).

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

One of important rules is the opening of the container by the seller selling alcoholic beverages (Clause 4 of Article 16 of the Law).

Beer or other types of alcohol purchased at a catering establishment must be drunk on the spot (paragraph 2, paragraph 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 stores 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.

Sooner or later, any entrepreneur wonders about the rules of law governing his type of activity. After all, there is responsibility for violating established rules, and often quite severe, and ignorance of the law, as we know, does not relieve one from this responsibility. Retail trade in beer and beer-based drinks is no exception.

So, what laws regulate the activities of beer stores?

First of all, Federal Law No. 171-FZ of November 22, 1995 (hereinafter referred to as the Law), also often referred to as the “main alcohol law,” will help us understand this. This legal act establishes the basic rules for the production, circulation and consumption of alcoholic products. At the same time, the legislator outlined a number of significant differences between the sale of alcohol in principle and the retail sale of beer in particular.

The first important feature of the beer trade is the permissible organizational and legal form of the seller. While the sale of strong alcohol is carried out only by organizations (exceptions are wines and champagne sold by the manufacturer), the Law in paragraph 1 of Art. 16 also allows individual entrepreneurs. But it should be especially noted that this applies only to retail, wholesale trade, according to general rule, enshrined in paragraph 1 of Art. 11, is also carried out exclusively by organizations.

The second feature of this type of activity is that, according to paragraph 1 of Art. 18 of the Law, it is not subject to licensing.

Organizations and individual entrepreneurs engaged in the retail sale of beer, as a general rule, are required to be connected to the EGAIS system, but only to confirm the purchase of wholesale quantities of goods from legal manufacturers and suppliers. But confirmation of the fact of sale of each bottle, as is the case with strong alcohol and wine, is not required when selling beer.

According to the norms of Federal Law No. 54-FZ of May 22, 2003, to sell draft or bottled beer, The seller must use a cash register. However, Federal Law No. 278-FZ of July 29, 2017 provides a deferment until July 1, 2018 for catering establishments on UTII or a patent.

Clause 2 art. 16 of the Law, as amended in 2017, establishes the rules for the sale of draft beer and beer in general in the form of a number of prohibitions:

- Sale of beer to minors is prohibited , that is, persons under 18 years of age. At the same time, if there is any doubt about the buyer’s age, the seller has the right to demand from him a document confirming his majority. Such documents, according to Order of the Ministry of Industry and Trade No. 1728 dated May 31, 2017, include a passport of a citizen of the Russian Federation, an international passport, a temporary identity card, a sailor’s passport, a diplomatic passport, a military ID, a driver’s license, a fan ID (Fan ID), etc.

- Sale of beer is prohibited remotely , including via the Internet.

- The sale of beer in polymer consumer containers (PET) with a volume of more than 1500 ml is prohibited.

- The sale of beer is prohibited in the following facilities:

In premises owned or used by organizations carrying out educational, medical activities, activities in the region as the main (statutory) type of activity;

In sports facilities;

In wholesale and retail markets;

In all types of public transport and at gas stations;

At the locations of troops, military formations and bodies providing defense and security Russian Federation, and in surrounding areas;

At train stations and airports;

In places where there are sources of increased danger;

In places of mass gathering of citizens during public events;

On adjacent educational medical organizations, as well as to sports facilities in the territories.

However, for organizations that sell beer while providing public catering services, the Law provides for a number of exceptions. Thus, the sale of draft and bottled beer within the scope of providing public catering services is permitted in concert and theater halls, parks, areas adjacent to sports facilities, wholesale and retail markets, gas stations, train stations, airports and adjacent areas.

- The sale of beer in non-stationary objects is prohibited. The stationarity of an object is determined by the impossibility of its movement without disproportionate harm to its purpose. The object must have a strong connection with the land in the form of a foundation and connection to main communications. In this case, the connection must be not only physical, but also legal: the building must be entered in the real estate register. The law does not establish restrictions on the area of ​​a retail facility. Thus, it is prohibited to sell draft and bottled beer in stalls, kiosks, pavilions and other temporary structures. This ban also does not apply to public catering establishments.

Clause 9 art. 16 sets time frame for the sale of alcoholic beverages . Yes, on federal level There is a ban on the sale of alcohol from 11 pm to 8 am the next day local time. This ban does not apply to public catering - cafes and restaurants, as well as to duty-free shops. Wherein federal legislation establishes the right of local authorities to introduce more stringent limits on the timing of the sale of alcohol on their territory, up to and including a complete ban on sales. On this moment In Moscow and the Moscow region, federal standards apply.

Violation of these rules is an administrative offense and entails liability. At the same time, the Code of the Russian Federation on Administrative Offenses distinguishes three types of persons for whom different limits of punishment are established - individuals (seller), officials (individual entrepreneur or head of an organization), and legal entities.

Violation of the rules for using cash register equipment (Part 2 of Article 14.5 of the Administrative Code) entails the imposition of a fine on officials in the amount of 1/4 to 1/2 of the amount of the calculation carried out without the use of cash register equipment, but not less than 10 thousand rubles; on legal entities- from 3/4 to 1 of the amount of the settlement made using cash Money and (or) electronic means of payment without the use of cash register equipment, but not less than 30 thousand rubles

Violation when declaring turnover (15.13 Code of Administrative Offenses) as non-compliance with the procedure for filing a declaration, Missing the deadline for submitting a declaration or reflecting false information in the declaration entails a fine on officials from 5 to 10 thousand rubles; for legal entities - from 50 to 100 thousand rubles.

Violation of accounting for production and turnover of beer products (14.19 Code of Administrative Offenses) entails the imposition of a fine on officials from 10 to 15 thousand rubles with or without confiscation of products; for legal entities - from 150 to 200 thousand rubles with or without confiscation of products.

Sales of beer in PET containers with a volume of more than 1500 milliliters (Clause 4 of Article 14.17 of the Administrative Code) entails the imposition of a fine on officials from 100 to 200 thousand rubles; for legal entities - from 300 to 500 thousand rubles.

Violation special requirements and rules for the retail sale of alcoholic beverages (part 3 of article 14.16 of the Administrative Code) entails the imposition of a fine on officials from 20 to 40 thousand rubles with or without confiscation of products; for legal entities - from 100 to 300 thousand rubles with or without confiscation of products.

Sale of beer to minors (Part 2.1 of Article 14.16 of the Administrative Code) entails a fine individuals from 30 to 50 thousand rubles; for officials - from 100 to 200 thousand rubles; for legal entities - from 300 to 500 thousand rubles.

In this case, the matter may not be limited to administrative liability. Art. 151.1 of the Criminal Code of the Russian Federation establishes criminal liability for retail sale of alcoholic beverages to minors, committed repeatedly. An act is recognized as such if the seller has already been brought to administrative responsibility for a similar act within 180 days. This article establishes liability in the form of a fine in the amount of fifty thousand to eighty thousand rubles or in the amount of wages or other income of the convicted person for a period of three to six months, or correctional labor for up to one year with deprivation of the right to hold certain positions or engage in certain activities. activities for a period of up to three years or without it. It should be noted that only an individual can be held liable under this article.

In 2017, changes to the law on the sale of alcoholic beverages, including draft beer, came into force. In this article we will figure out how to run a successful beer business according to the new rules and not break the law.

What law regulates the sale of draft beer?

The rules for the sale of draft beer are specified in the Federal Law of November 22, 1995 No. 171-FZ “On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products.”

In 2016, changes were made to the document that affected the requirements for the premises, location of draft beer stores, registration in electronic system accounting, as well as packaging of drinks. Some of them are valid from January 1, 2017, the rest will come into force on July 1, 2017.

Rules for trade in draft beer 2017: requirements for premises and accounting systems

Let's look at how to organize a beer business to avoid fines. An organization or individual entrepreneur must have:

• Own or rented premises, which is a stationary retail outlet.
• Warehouse for storing products.
• Cash register with the possibility of long-term storage of information.

The exception is catering establishments that sell draft beer. These requirements do not apply to them. Also, the law does not specify the minimum total area of ​​retail and warehouse premises.

Important! If in addition to beer drinks you sell other alcohol - wine, vodka, cognac, take into account the restrictions on the size of the premises. The total area of ​​the trading area and warehouse must be at least 50 m² in the city and 25 m² in rural areas.

Where is the ban on the sale of draft beer in effect?

Here is a list of facilities where you cannot sell alcohol:

• On the territory of theaters, concert venues, educational institutions, hospitals and medical centers
• In sports complexes and surrounding areas
• In wholesale and retail markets
• At gas stations and public transport
• At the locations of troops and other security agencies
• In and around airports, train stations
• At various event venues
• In non-stationary retail outlets: stalls, mobile pavilions, etc.
• Close to medical and educational institutions





Changes in the law: where the sale of draft beer is allowed

The law does not prohibit the sale of draft beer if the outlet operates as a catering establishment: shop-bar or summer cafe. In this case, the sale of the drink is permitted in theaters, concert halls and near sports facilities (if they do not host events with the participation of children). The same conditions apply to airports, gas stations and non-stationary objects - stalls, shops on wheels.

Ban on opening beer stores in residential buildings: what to expect

In 2016, a bill banning the sale of beer in non-residential premises located in apartment buildings was submitted to the State Duma for consideration. However, the initiative was not approved. The deputies decided that such a law would have a negative impact on the market: too many retail outlets would have to be closed.

In some Russian regions, local authorities have introduced similar restrictions. Thus, in the Amur Region it is forbidden to sell alcoholic beverages in shops and cafes located in residential buildings after 21.00.

Before you start a business, check what local laws apply in your city. This way you will avoid unpleasant surprises.




New law for beer stores: EGAIS requirements

Since January 2017, every individual entrepreneur selling draft beer must register with the Unified State Automated information system(EGAIS).

To connect to EGAIS, you must:

• Buy a crypto key and make electronic signature(KEP)
• Register on the EGAIS portal
• Download and install the universal transport module (UTM) - a product accounting program.

How to work with the EGAIS system

• The store owner receives the goods and checks whether they match the invoice sent by the supplier online.
• If everything is correct, the entrepreneur accepts the invoice and registers the purchase in the system.
• If there are discrepancies in the invoice and the delivered products: quantity, type of goods, damaged markings, etc., the store owner rejects the electronic invoice.
• Information about the received product is added to the cash register program.

A business owner must follow established rules to avoid breaking the law. The document does not contain special conditions for entrepreneurs who, for example, operate in rural areas. Even if the store operates in a small village where there are interruptions in the Internet, the individual entrepreneur is required to enter data into the system. Otherwise he will have to pay a fine.

• After registering an individual entrepreneur or LLC, register with EGAIS.
• Record purchases in EGAIS. There is no need to record sales!
• Be sure to keep a log of draft beer sales.
• Use a new type of cash register - online cash register.





Law on draft beer 2017: in what containers can it be sold?

The ban is related to the production and sale of draft beer in packaging made of polymer material, if the bottle volume is more than 1.5 liters.

Since January 2017, the law applies to manufacturers and wholesalers. From July 2017, the same requirement will apply to draft beer retailers.

This is an administrative offense that is punishable by fines:

• In relation to the head of the company: fine - 100’000 - 200’000 ₽
• In relation to the organization: fine - 300’000 - 500’000 ₽
• Confiscation of products by court decision

Draft Beer Sales Law 2017: Follow the Rules and Make a Profit

We reviewed the main changes that came into force or will be introduced in the summer of 2017. Be sure to take them into account if you plan to open a business selling draft beer.

Do you want to buy a beer store with streamlined business processes? Be sure to check whether new rules are being followed regarding location, room size, reporting in the EGAIS system, etc. This way you can make a profitable investment and quickly recoup your investment.