Beer law: recent changes. Law on beer in the Russian Federation: fines, latest amendments Where you can sell beer

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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 legislation 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 Party will take all necessary measures to protect confidential information at least with 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 execution of this Agreement.

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

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

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

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

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

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

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

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

2.7. Insales has the right to make changes to this Agreement. When making changes in the current version, the date 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 marketing materials to the User on the subject of the Services, to protect the Services and Users and for other purposes.

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

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

2.10. The user 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 violated the obligations stipulated by the Agreement regarding the protection of confidential information transferred 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 12/01/2016, the agreement of accession to the license agreement for computer programs and in this Agreement or other addresses that may be further specified in writing by the Party.

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

ACTION from BEER SOUTH:

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

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

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

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

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

The price is 2700 rubles for the Bank.

New rules for retail beer trading from March 1, 2017

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

New requirements for the sale of draft beer

The new provisions relate to the specifics of the trade in beer products in the provision of catering services. The changes expand the capacity of catering stores and, conversely, prohibit the sale of draft beer to those who do not provide food.

Places prohibited for the 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, paragraph 2, article 16 of the Law);
  • markets for wholesale and retail trade (part 3, paragraph 2, article 16 of the Law);
  • gas stations and public transport (part 4, clause 2, article 16 of the Law);
  • places of deployment of troops, military bodies and formations ensuring the security and defense of the Russian Federation, as well as territories adjacent to them (part 5, part 10, paragraph 2, article 16 of the Law);
  • airports, railway stations and nearby territories (part 6, part 10, paragraph 2, article 16 of the Law);
  • places where sources of increased danger are located, established in accordance with the law, as well as nearby territories (part 7, part 10, paragraph 2, article 16 of the Law);
  • venues for holding mass and public events with a large gathering of citizens, as well as the territories adjacent to them (part 8, clause 2, article 16 of the Law);
  • retail outlets of a non-stationary type (part 9, clause 2, article 16 of the Law);
  • territories that are adjacent to medical and educational organizations (part 10, clause 2, article 16 of the Law).

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

According to the amended law, the sale of beer with the provision of food is allowed in the premises of theaters, concert halls, in territories adjacent to sports facilities, with the exception of competitions and other sports involving children and youth. The list of catering facilities where beer retail is allowed includes retail and wholesale markets, railway stations, airports, gas stations and adjacent areas, 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 a EGAIS barcode (part 13, paragraph 2, article 16 of the Law) and remote sale (part 14, paragraph 2, article 16 of the Law).

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

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

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

Conclusion

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

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 it 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 that sell 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.

Conclusion

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

Presented to beer shops.

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

Requirements for beer containers

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

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

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

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

New EGAIS requirements for small settlements

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

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

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

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

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

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