Beer law: recent changes. Rules for the trade in beer Beer law

Many people believe that the beer trade brings a good profit to the business owner. Is it really? The state is constantly changing the rules of the game and making them more difficult, causing many to abandon sales and move into a less regulated industry. In this article, we will look at what new beer rules entered into force due to changes in legislation and what needs to be considered before opening a new “point” for sale.

Who can sell

Before the adoption of the law, there were persistent rumors that individual entrepreneurs would be completely banned from selling a foamy drink and they would have to register an LLC. In fact, the 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

True, the conditions in 2017 still became more complicated. They introduced the following restrictions:

1. Retail sale of the drink is allowed only in stationary objects owned. Sale from mobile facilities or temporary premises is prohibited.
2. A store selling a drink at retail should not be located near hospitals, cinemas, theaters, schools, kindergartens and other children's, cultural, educational or medical institutions.
3. It is forbidden to sell beer at gas stations, in the market, at bus / railway stations, in checkpoints or crowded places.
4. It is impossible to engage in sales if the owner does not have the necessary documents (payment, waybills, etc.).
5. In the period from 22-00 to 10-00 (the ban may be regional in nature).
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 rule is regulated by the PAP).

Innovations in the law

How will beer sales in 2017-2018? New rules for IP, which entered 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 number 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 “left” deliveries and counterfeit goods. We will analyze who exactly should submit information through the information system:

1. Retail outlets selling goods within settlements.
2. Individual entrepreneurs who purchase a drink for the purpose of its subsequent sale at a retail outlet.
3. Suppliers who are engaged in wholesale sales, purchases and storage of the drink.
4. Public 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 outlet sells - an 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 on who has the right to implement 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 IP for which a certain delay applies. Entrepreneurs working in rural areas are not required to submit data until July 1, 2017 (after July 1, the delay no longer works). From 01/01/2018, individual entrepreneurs working in the 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 are wondering: do I need a license 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 it (but deputies constantly talk about the possibility of introducing this rule, so we recommend that you monitor possible changes). If the norm is adopted and enters into force, and the individual entrepreneur does not have a license, then this threatens with serious fines and even the closure of the business.

Output

Above, we have considered all the controversial issues andNow here are the main theses that should be taken into account in the activity:

1. The sale of a foamy drink can be carried out by both LLC and officially registered individual entrepreneurs.
2. The LLC has the right to wholesale, store or purchase goods, while the entrepreneur purchases beer only for retail.
3. As of 2017-2018, a trading license is not required.
4. Sale is allowed at 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. An individual entrepreneur or LLC receives OKVED-2 codes for work.
8. An individual entrepreneur is obliged to keep a log of sold alcoholic products and submit it to the relevant authorities.

In contact with

Privacy agreement

and processing of personal data

1. General Provisions

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

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

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

"User" -

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

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

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

which has accepted the terms of this Agreement.

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

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

2.Obligations of the Parties

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3. Responsibility of the Parties

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

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

4.Other provisions

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

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

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

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

Publication date: 01.12.2016

Full name in Russian:

Limited Liability Company "Insales Rus"

Abbreviated name in Russian:

Insales Rus LLC

Name in English:

InSales Rus Limited Liability Company (InSales Rus LLC)

Legal address:

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

Mailing address:

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

TIN: 7714843760 KPP: 771401001

Bank details:

We hasten to please entrepreneurs planning to open a beer store: No license required to sell draft and bottled beer. Only strong alcohol (above 16%) is subject to compulsory licensing. For beer and drinks based on it: cider, poiret, mead, etc. this requirement does not apply.

The rules for the sale of beer are regulated by Article 18 of Federal Law No. 171-FZ. It is in it that “activities subject to licensing” are described.

What documents are needed to sell beer on tap: a list

Many entrepreneurs open cafes where, in addition to draft beer, snacks and hot dishes are served. This kind of business gives you more opportunities. Draft beer cafes can be located near airports and train stations, near sports facilities and in other places where it is illegal to open a regular beer outlet.

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 sole proprietorship or LLC
• Certificate of registration with the tax service
• The approved charter of the enterprise
• Order for the appointment of a store manager
• Full list of products sold
• Plan from the Bureau of Technical Inventory (BTI)
• Technical passport of the object
• Waste management and disposal agreement
• Contract for the disinfection of the premises
• List of employees
• Medical books of employees who pour beer
• Hygiene certificates
• SEZ 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 during verification

Retail outlets and public catering facilities are often subject to inspections by supervisory authorities. To be prepared for any service visit, keep on hand:

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

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

Fire requirements for a draft beer store: what to check before signing a lease

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

• Fire alarm installed
• Have an evacuation plan
• Maintained a fire safety log

Maintaining internal documentation

The owner of a draft beer store needs to keep records. The requirement applies to sole proprietors and LLCs. This is reflected in the Federal Law No. 164. The sales journal must be completed every day. It contains information about sales: product name, quantity of goods received and sold.

Permits for beer shops: obey the law and run a successful business

By following the above requirements, you will be able to run a draft beer business and not break the law. If you want to bypass the difficult period of paperwork and get started faster, pay attention to a ready-made 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. As well as a base of beer shops, which are sold throughout Russia.

The Law on the sale of beer regulates the sale and manufacture of beer products on the territory of the Russian Federation and abroad. Since January 1, 2017, the law on beer has undergone significant adjustments. In particular, they concern the places of sale of beer, licensing and new packaging. The draft beer law applies to both wholesale and retail trade. Now, individual entrepreneurs selling beer must register with the Unified State Automated Information System.

The federal law on the sale and circulation of alcoholic products, ethyl alcohol and alcohol-containing preparations came into force in November 1995. The law includes four chapters and twenty-seven articles. It regulates the turnover and production on the territory of the Russian Federation of alcohol and products containing alcohol. The last amendments were made to the law on July 3, 2016, and come into force on July 1, 2017. Summary of 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:

• The first section - establishes the general provisions of the law and the powers of state authorities in the field of production and commodity circulation;
• The second section regulates the requirements for manufactured products and trade turnover on the territory of 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 the norms of Federal Law -171.

Download

The provisions of the Federal Law on the state regulation of the production and circulation 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

Since January 1, 2017, the law on beer has undergone significant changes 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 packages with a volume of more than 1.5 liters.

From July 1 of this year, the change applies not only to wholesalers, but also to retailers, which is indicated in Article 16, paragraph 15 and paragraph 2. FZ - 171. How to trade beer under the new law?

According to the new amendments, Article 16 of FZ-171 establishes a ban on the sale of beer products in the following territories and facilities:

• Medical institutions, schools, kindergartens, universities;
• Objects of cultural and sports purposes;
• In public transport and at stops for transport;
• Crowded places - markets, railway stations, airports, except for catering points;
• Military and strategic facilities.

Beer is allowed to be sold in official retail outlets of a stationary type, included in the USRN. Under the new amendments, it is forbidden to sell beer in temporary structures (kiosks, stalls). You can not sell beer remotely. For those trading floors where not only beer, but also other alcoholic products are sold, there is a limitation on the area:

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

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

The time interval for the sale of beer is set between 8 am and 11 pm, except for catering facilities. Under the new law, it is allowed to sell draft beer if the trading facility operates as a catering point, for example, a bar-shop, a summer cafeteria. Thus, it is possible to sell beer in the territories of public 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 also applies to wholesale and retail producers of draft beer. Since January of this year, individual entrepreneurs selling beer products are required to register with the Unified State Automated Information System.

Penalties for violating the federal law

For violation of the law, large administrative fines threaten 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 - from one hundred to two hundred thousand rubles;
• Recovery for the company - from three hundred to five hundred thousand rubles.

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

For some time now, a refreshing, foamy drink - beer, has become the object of close attention of the legislator. Everything you need to know about the rules for the sale, purchase and consumption of beer in 2019, you will find in this article.

July 2011 was fatal for beer - adopted by the State Duma, it significantly changed the legal status of the foamy drink, equating it to alcoholic products and establishing significant restrictions on its sale and use.

The new rules for the sale of beer come into effect in stages: most of them are already being implemented in practice, and some changes are yet to show themselves in practice.

Where not to sell beer:

• On all types of urban and suburban public transport, at bus stops, gas stations;
• In territories near children's, medical and educational organizations, sports facilities and in the territories adjacent to them;
• In cultural organizations, with the exception of the retail sale of beer, carried out by individual entrepreneurs in the provision of catering services;
• At military installations and territories adjacent to them;
• In non-stationary objects for trade; in the markets of wholesale and retail trade, in places of increased source of danger, at railway stations and airports, in other crowded places and in the territories adjacent to them. BUT when an organization or individual entrepreneur provides catering services, retail trade in beer and beer drinks in the indicated places.

A non-stationary retail facility is a retail facility that is a temporary structure or a temporary structure (including mobile) that is not permanently connected to a plot of land, regardless of the absence or presence of a connection to utility networks. This concept is fixed.

Surrounding territories – these are those land plots that are adjacent directly to buildings, structures and structures. The boundaries of such territories are determined by local governments in their decisions.

Where not to drink beer:

• In places where the sale of beer is prohibited (taking into account the permissible exceptions: cafes, bars, clubs and similar places - drinking beer purchased there is accordingly allowed);
• In courtyards, entrances, in elevators, on stairs and landings of residential buildings;
• On playgrounds;
• In recreational zones (within the boundaries of territories where there are urban forests, gardens, parks and squares, ponds, lakes and reservoirs, beaches and other territories used and intended for sports, recreation and tourism). BUT the purchase of beer and its consumption in the places of provision of public catering services located in these territories,

When will it be impossible to buy beer?

New rules for the sale of beer and beer drinks of any strength (except non-alcoholic) 2019 set the time of sale: sale is unacceptable law from 23:00 to 08:00 local time. An exception is retail sales in places of catering services (clubs, bars, cafes, restaurants and other similar places).

In each individual subject of the Russian Federation, additional restrictions on the conditions, times and places for the retail sale of alcohol, beer and beer drinks may be established, including a complete ban on the retail sale of these products. Restrictions are authorized to establish state authorities of the constituent entities of the Russian Federation.

Beer advertising ban

Beer sale laws in 2019 set new rules for trade, and also affected advertising activities. From now on, beer advertising cannot be placed on the first and last pages of newspapers and magazines, contain a statement about the safety and benefits of the product, and also use images of people or animals, even cartoon ones. The rest about the advertising of alcoholic products have not undergone significant changes.

Requirements for retail premises for the sale of beer in 2019 according to the new rules:

1. According to law on the sale of beer in 2019, organizations and individual entrepreneurs, in order to achieve the goals of beer retail sale, must own, operate, manage or lease stationary retail facilities, warehouses and cash registers.

Again, organizations and individual entrepreneurs that provide catering services fall under the exception - these requirements do not apply to them.

1. There are no restrictions on the total area of ​​stationary retail facilities and warehouses in the retail sale of beer and beer drinks. Only if other alcoholic products (vodka, cognac, wine, etc.) appear on the shelves of such retail facilities, then the law fixing the new rules for the sale of beer 2019, among others, introduces a restriction on the total area of ​​retail facilities and warehouses - at least 50 square meters meters in the city and 25 sq.m - in the countryside.

Is the sale of beer for individual entrepreneurs licensed in 2019?

Licensing of activities related to the retail sale, purchase, storage and supply of beer and beer drinks is not provided. As well as labeling for beer and beer drinks is optional.

Sale of beer in PET in 2019

Of the upcoming restrictions, one is still in effect - the production and circulation of alcoholic products containing more than 7% of ethyl alcohol from the total volume of finished products must be carried out in consumer packaging not exceeding 330 milliliters in volume.

However, the sensational bill on establishing a limit on the volume of consumer packaging of alcoholic products is already actively taking an offensive position.

According to the new law on the sale of beer in PET, based on data from July 1, 2017, the production of alcoholic products, as well as beer and beer drinks, is only allowed in polymer consumer containers not exceeding 1.5 liters. In the future, it is planned to gradually reduce the volume of this container to 0.5 liters.

As for the retail sale of beer and beer drinks, the upcoming changes will ban the retail sale of alcoholic products with a strength of more than 4% of the volume in polymer consumer packaging in general, and 4% or less in polymer consumer packaging whose volume is more than 0.5 liters.

At the same time, the decrease in the volume of PET and the corresponding decrease in the content of ethyl alcohol in alcoholic products will occur gradually. The exact dates will be specified by new amendments to the current legislation.