Requirements for the sale of beer in. Beer Law: latest changes

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Since the summer of 2017, deputies plan to introduce a ban on the sale of individual entrepreneurs’ beer. The Ministry of Finance has already prepared a bill prohibiting private traders from selling foamy drinks, cider, buza and mead. Only legal entities will be allowed to sell them to the end consumer.

Let's share a beer!

From July 1, 2017, new rules for beer trade may come into force in Russia - only legal entities will be allowed to sell it, and this despite the fact that this moment Of the 90 thousand retail outlets selling foamy drinks, 90% are registered to individual entrepreneurs. In Crimea and Sevastopol, new standards may come into force in January 2018.

Retail trade in individual entrepreneur beer in 2017 may be limited for one reason. As the authors of the bill explained, small businessmen very actively hide real sales volumes, including because the fines for violations are too generous:

if a legal entity can pay a fine of 150-200 thousand rubles for failure to submit a declaration,

then individual entrepreneur is only 10-15 thousand.

The explanatory note to the bill provides statistics that confirm that individual breweries declared in 2015 several times less products than were sold at retail.

The current law on beer trade for individual entrepreneurs and enterprises of other forms of ownership obliges, from July 2016, regardless of the form of ownership, organizations selling beer to provide sales data to the Unified State Automated Information System, so many businessmen consider additional declaration to be an unnecessary waste of time and effort. The deputies do not agree, therefore, in addition to the planned ban for individual entrepreneurs, they want to tighten the sales rules and introduce another type of labeling for alcohol-containing drinks. The corresponding bill has already been posted on the regulatory legal acts portal for public discussion.

Experts fear that the innovations will hit businesses that specialize exclusively in selling low-alcohol drinks the hardest, including breweries that produce “live” beer in small volumes. In addition, traditional schemes that Russian entrepreneurs use in cases of bans are not excluded - most simply go into the shadows, as a result of which arrears to the budget increase.

Alcohol online

Sociological research by RANEPA, Rosstat and the Institute social analysis and forecasting showed that in last years In Russia, there has been a trend of shifting preferences of Russians - against the backdrop of a growing refusal of alcohol, people more often choose not strong drinks (vodka, cognac), but beer or wine.

Statistics. In 2007-2009 Russians consumed 32% of beer from total retail alcohol sales. In 2015 – already 43%.

Experts are convinced: even if “the screws are tightened too tightly” and it becomes difficult to buy beer in a regular store, there will always be an opportunity to purchase what you need in another way. For example, via the Internet, because it’s no secret that even with the current ban on the sale of alcohol at night, you can buy it online at any time, in any quantity and with home delivery.

Trying to restore order in this area, deputies propose to legalize the sale of alcohol online by selling a special license, which will give the right to both individual entrepreneurs and legal entities to sell alcoholic beverages via the Internet legally. To do this you will need to buy:

retail license (preliminary cost 80 thousand per year);

license for wholesale trade (800 thousand rubles/year);

patent for alcohol production – 9.5 million rubles.

Stores with licenses will be included in a special register. The rest will be identified, punished, and closed. How this will look in practice is still unknown, although judging by the actions of casinos and other resources whose activities are limited in Russia, it is not difficult to recreate the picture. Today one illegal store is closing, tomorrow two new ones will open in its place.

Whether trade in individual entrepreneur beer will be banned at the height of the next season or not, time will tell. Ordinary consumers can only hope that innovations will once again not affect their wallets.

Selling beer interests 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 renting space. All these factors make considerable income a reality. But preliminary familiarization with this field of activity in numerous aspects is very important. After all, there are separate requirements for the sale of beer products. Before choosing this specialization for your business, you need to study the rules of beer trade, especially the new ones for 2017.

Is it possible to sell beer for individual entrepreneurs in 2017?

Entrepreneurs are allowed to trade 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 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 - from July 1, 17.

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

is a license required?
What are the requirements for documents and equipment?

In 2017, selling beer for individual entrepreneurs is the only permitted type of alcohol sales. Only an enterprise with LLC (legal entity) status can sell strong drinks. A number of restrictions also appeared in the form of increased requirements.

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

Requirements for beer trade

Beer trading in 2017 is carried out according to changed rules, and therefore 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.

Requirements for the premises: stationary, but not temporary, like a stall or mobile retail outlet. Only public catering establishments, which can be outdoor cafes and 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.
Location of the outlet. Proximity of institutions is not allowed:

cultural;
educational;
medical;
train stations;
markets.

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

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

buy a crypto key;
buy electronic signature(KEP);
register online at egais.ru;
install a program on your computer - the UTM utility (for goods accounting);
check how everything works in terms of program compatibility.
upon receipt of a consignment of goods, check invoices through the system, reject or accept the document, and also note inconsistencies;
purchasing information is loaded into the cash register program.

Such reporting also applies to rural areas, which is also subject to No. 182-FZ (Federal Law) dated June 29, 2015. Beer trade for individual entrepreneurs operating on the UTII tax system in settlements must be fully connected to EGAIS by July 1, 17. By the beginning of 2018, rural entrepreneurs in Crimea are required to connect. They need to buy equipment that transmits sales information to EGAIS. Failure to comply will result in a fine of 10 to 15 thousand rubles.

The product must have accompanying documents(payment, transport invoices). This concerns retail beer and purchasing the foamy drink in bulk for sale.
Beer is not sold to minors. This is considered illegal and is subject to administrative liability and fines:

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

Criminal liability is also possible.
Note! If there are any doubts related to age, the seller is obliged to ask for documents.

There are time restrictions for the night period (from 10 pm to 10 am - prohibited from implementation).
At the request of buyers, it is necessary to issue SSO (specialized forms), although KKM (cash register, cash register) is not required for use.
For beer trade, an accounting book must be kept in the form from RosAlkoRegulation. It is required to record daily sales records in the journal: code, product name, production volume, number of sales.
From March 1, 17, it is mandatory to have a cash register ( cash register equipment) from every seller selling from an individual entrepreneur. You will need to use a cash register according to the new model (Online cash register).

Requirements 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. Requirements apply to the container. Since the beginning of 2017, the production of alcoholic beverages in polymer packaging larger than 1.5 liters has been prohibited. In six months (in July), the same rule will be established for sales. If these changes are not observed, the goods (products) may be confiscated. A significant fine is also imposed.

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 and regional budgets. Many companies may go bankrupt, not to mention the fact that the EGAIS program also requires costs and new investments.

Do I need a beer license for individual entrepreneurs in 2017?

License to sell beernot mandatory for individual entrepreneurs or LLCs for 2017. This is noted in No. 171 - Federal Law (Federal Law) of November 22, 1995, Article 18. Its absence will not lead to fines or consequences from the Federal Tax Service or other regulatory organizations. Licensing is required only for strong drinks (with an ethyl alcohol content of 15% or more). A foamy drink sold on tap also does not require special permission, just like one sold in standard containers.

However, you should still monitor 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 the State Duma, but there have been no changes in this area yet.

Which company is better for selling beer: individual entrepreneur or LLC?

Sales of products with low alcohol content can be carried out in the same way by both types of enterprises: individual entrepreneurs and legal entities. But if there are 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. 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 LLCs and individual entrepreneurs are required to keep records, making daily entries on the sale of alcohol in a journal. Maintaining documentation is reflected in No. 164-FZ. But such a form of enterprise as a legal entity is in this sense more profitable. The legislation tightens the requirements for individual entrepreneurs when they sell low-alcohol drinks. For example, they were required to declare and record sales volumes, while for LLCs these procedures are simplified regarding taxation.

Finally

Individual enterprises are allowed to sell beer in any form, 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 from the legal side. Legislation is constantly changing. Legal advice on issues and collection necessary information will help you avoid unexpected financial expenses.

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

Mead, poire, beer, cider and other beer-based drinks are alcoholic products, so there are certain rules for selling 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 sell beer?

The answer is clear Individual entrepreneur has the right to sell beer in 2017. Why did this question arise? Is there really a law that prohibits LLCs or individual entrepreneurs from selling alcohol? In fact, yes, the ban on the sale of alcohol is indeed spelled out in No. 171-FZ, Article 16 of November 22, 1995. According to it, strong alcohol is allowed to be sold only to organizations. Explain why no one explains this, but what is, is, and the law must be adhered to. But, as with any law and rules, there are amendments and exceptions. So it is in this case. The exception includes individual agricultural producers selling champagne and wines of their own production.

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

Is a license required to sell beer in 2017?

In 2017 beer trade license not required. Article 18 of Law No. 171-Federal Law of the Russian Federation on the issuance of a license for alcoholic beverages “... with the exception of the circulation and production of beer drinks, mead, poire, cider and beer.” This year it is possible to sell beer and beer drinks without a license and no penalties are provided for this. But there are still certain requirements and restrictions on the rules for selling beer.

Rules for the sale of draft beer in 2017

Before organizing the sale of beer, you should familiarize yourself with this information first, as it is important. Beer is an alcoholic beverage, therefore, it cannot be allowed to be purchased in any accessible place and at any time of the day.

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

It is prohibited to sell beer in the following places and areas 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).

Retail beer sales permitted only in stationary retail establishments. Therefore, 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 retail facility sells, in addition to beer, some other strong alcoholic drinks, then its area must comply with the following standards:
- In villages and suburbs - at least 25 sq.m.;
- Within the city - at least 50 sq.m.

There are no area restrictions if the site only retail sale of beer.

In addition to catering outlets, the sales hours for beer are limited: from 8 a.m. to 11 p.m.
Persons under the age of majority are strictly prohibited from selling beer. The sale of alcoholic beverages is punishable by law (Administrative Code of the Russian Federation, Article 14.16):

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

In order to ensure that the buyer is of age, it is the seller’s responsibility to require any identification document. In addition, criminal liability is possible for selling beer to persons under the age of majority. Be careful, the police often attract young people and organize control raids to provoke illegal sales.

From January 1, 2017, it is prohibited to produce and sell wholesale, and from July 1, 2017, to retail sell beer that is bottled in plastic containers larger than 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

Do you need EGAIS to sell beer? But first, what does this mean? EGAIS is a state system that controls the circulation and production of alcohol. Individual entrepreneurs and organizations that purchase beer in order to subsequently sell it at retail are required to connect to the state system in order to confirm wholesale purchases from legal suppliers and manufacturers during verification. Connect to EGAIS for draft beer in 2017 year, you need to go through several registration steps on the official website of Rosalkogolregulirovanie and purchase a special electronic signature. After registering in the system, the buyer receives an ID (personal identification number), and the supplier issues invoices for him, which are entered into the Unified State Automated Information System. The buyer accepts the goods, the supplier writes off the delivered products from the balances in the Unified State Automated Information System.

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

Draft beer sales reporting

Sellers of beer, as well as all alcoholic beverages, from January 1, 2016 must have a sales book with them. It must be filled out daily, as approved by Order No. 164 of June 19, 2015, by the Rosalkogolregulirovanie. The form and procedure for filling out can be found on the official state website of the FSUE organization. You can get an email right here on the website. signature to connect to EGAIS. According to the rules draft beer sales, an entry in the journal must be made no later than the day on which alcohol, including beer, was sold.

At the end of each day, the quantity, volume, product type code and product name are entered into the reporting journal. For incorrect journal keeping 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

Individual entrepreneurs, as well as organizations, can engage in retail sales beer, but not wholesale.

In 2017, a license to sell beer is not required.

When selling beer, take into account the prohibitions established by law: the range of consumers, time of sale, location of the facility.

It is impossible to legally purchase a batch of beer for further sale without connecting to EGAIS. You must register on the Rosalkogolregulirovanie website. Then, in this system, each time indicate the date and volume of purchase and record the remaining product.

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

Beer sales in 2017 obliges to maintain a record book and timely submit declarations on the sale of alcoholic beverages.

Regardless of the tax regime, from March 3, 2017, it is possible to sell beer, including in public catering, only if you have 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 to them, and then you will not run into trouble with the law, and you will not have to pay fines.

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

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

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

Download

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

Updated FZ-171 can be downloaded

Last changes

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

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

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

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

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

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

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

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

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

Fines for violation of the Federal Law

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

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

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