The beer laws are the latest. Beer Law: Recent Changes

The sale of beer products has always been considered a profitable line of business, and many domestic entrepreneurs are well aware of this. This is not surprising: good demand, not too large cash investments - made it possible for a businessman to count on quite good incomes. Everything, it seems, is nothing, but the new rules for the sale of beer in 2020 for individual entrepreneurs have somewhat changed the situation and now entrepreneurs are interested in how profitable it will be to engage in this type of business today.

Does an individual entrepreneur have the right to start selling beer

We note right away that entrepreneurs can continue to sell beer and other alcoholic beverages, just since July 2016, the requirements for the sale of beer, as well as cider and other drinks based on it, have changed.

What you need to trade beer from July 1, 2016 for individual entrepreneurs? Now, for those who want to retail their favorite drink by millions, certain restrictions have been introduced, and from July 1, 2016, for the sale of beer, it is necessary that the business for its sale meets the following requirements:

  1. Beer can be sold in retail sales only in stationary, but not in temporary premises that are registered as someone's property (the only exceptions are those temporary premises that operate as a catering point);
  2. Dot retail beer should not be located in the vicinity of children's, educational, cultural or medical institutions;
  3. There is a ban on the sale of any beer products at railway stations, markets, gas stations, as well as retail outlets in crowded places;
  4. It is forbidden to trade in beer without availability accompanying documents(trade bill of lading, payment documents, etc.);
  5. A ban is introduced on the sale of beer drinks by time, valid from 10 pm to 10 am the next day;
  6. It is forbidden to sell beer products to minors;
  7. Necessarily maintaining a ledger for the sale of alcoholic beverages, in the form that was approved by RosAlcoRegulation.

New rules for the sale of beer in 2021 for individual entrepreneurs

The new and so far the last law, which came into force since July, states that all individual entrepreneurs in without fail will now have to submit to EGAIS (unified state automated Information system) detailed data on the volume of purchases of beer products, without reporting on the quantity of the product sold.

This EGAIS system for individual entrepreneurs selling beer at retail is designed to control the sales market alcoholic products and to reduce the level of production and sales of non-certified goods to the maximum.

Who will report through EGAIS

  1. Companies engaged in the storage, purchase and wholesale supply of beer;
  2. Individual entrepreneurs when purchasing it;
  3. Catering organizations (cafes, restaurants, canteens, bars) in the course of their procurement activities;
  4. Stores that sell beer within the city limits are in the process of retailing it.

This means that EGAIS for individual entrepreneurs selling beer at retail is needed in order to provide accurate data, and this is the responsibility of both entrepreneurs involved in the sale of beer on tap and those who sell beer products in standard containers.

Responsibility for not connecting or providing credentials to a single system

According to the new legislation, liability for violation of the fundamental norms of this law, which includes the clause on compulsory work with EGAIS, entered into force on July 1, 2016 and is currently punishable by the imposition of penalties on an individual entrepreneur in the amount of 10,000 - 15,000 rubles.

Who is not yet threatened with connection to the Unified State Automated Information System

It should be noted that at the moment there are several categories of IP that are exempt from connecting to such a system. For some of them, such an exemption is temporary, for others, the date for its installation has not yet been approved and has not been set. For example, trade in beer in 2020 for individual entrepreneurs on UTII in countryside does not yet oblige an entrepreneur to connect to this system, but from July 1, 2017, all entrepreneurs will have to record the sale of beer and drinks based on it through a single information system.

Even longer, until January 1, 2018, the sale of IP beer with UTII in rural areas without connecting to the system will be carried out in the city of Sevastopol and the Republic of Crimea. So entrepreneurs on UTII in rural areas still have some concessions.

Rules for the sale of beer and other alcoholic beverages in 2020 for entrepreneurs: should beer products be licensed

To the question asked by many entrepreneurs involved in the beer trade: is it necessary to have a license to sell beer at the moment, the answer can easily be found in Article 18 of Law No. 171-FZ. It clearly states that for the sale of beer and a variety of beer drinks, no license for the sale of beer in 2020 is currently required for individual entrepreneurs. So the missing license for the sale of beer products does not threaten the entrepreneur with anything, and no penalties are provided for this.

Any businessman engaged in or planning to engage in the sale of alcohol must necessarily constantly worry about the legal side of the issue (collect useful information, consult with lawyers, etc.), since the legislation changes regularly and in the near future ignorance of it can lead to serious inconvenience and additional financial expenses. Therefore, the rules for trading beer in 2020 for individual entrepreneurs, although they have been changed, are still worth following for any information on them.

Video: latest news about EGAIS

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 meals 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
  • A 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
  • Labor contracts and medical books employees
  • Conclusion from the SES (for a catering point)

All trade reports are kept according to the established tax service regulations. 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 ready business. When buying a beer store operating in St. Petersburg, check whether the owner has all the necessary documents.

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

Beer, as well as cider, poiret, mead, and other beer-based drinks, are alcoholic products. When selling beer, it is necessary to take into account the rules governing the sale of alcohol, but with some peculiarities. Interested in this line of business? Then read our article, in which we will talk about the most important issues when selling beer and beer drinks:

  • can an individual entrepreneur sell beer;
  • Do you need a license to sell beer?
  • what restrictions exist when selling beer;
  • do beer sellers need to connect to EGAIS;
  • when a cash register is not needed when selling beer;
  • what kind OKVED codes pick up beer for sale;
  • What kind of sales reports do you need to submit?

Can an individual entrepreneur start selling beer

Let's answer right away individual entrepreneurs entitled to sell beer. Why does such a question arise at all? Are there any prohibitions on the sale of alcohol related to the legal form of the seller (IP or LLC)? There really is such a ban, it is established by article 16 of the law of November 22, 1995 No. 171-FZ.

According to it, only organizations are allowed to sell strong alcohol. Why this is so is not explained, but the fact remains - only legal entities. An exception is made only for individual entrepreneurs - agricultural producers who sell wines and champagne of their own production.

Regarding the sale of beer, the same article states that "Retail sale of beer and beer drinks, cider, poiret, mead is carried out by organizations and individual entrepreneurs." Pay attention - exactly retail! The fact is that there is also the norm of Article 11 of Law No. 171-FZ, and it also allows the wholesale circulation of alcohol and beer only to legal entities.

Thus, individual entrepreneurs have the right to sell beer and drinks based on it only at retail. And in order to produce and sell beer without restrictions, you need to register a company.

Do I need a license to sell beer?

And here everything is simple - a license to sell beer is not required. Again we read Law No. 171-FZ, Article 18 on extradition: "... with the exception of the production and circulation of beer and beer drinks, cider, poiret, mead." So, selling beer without a license in 2020 does not threaten anything, no sanctions are provided for this. Truth, certain restrictions and the requirements for organizing the sale of beer still exist, and we will talk about them further.

Conditions for the sale of beer

This is perhaps the most important information that you should familiarize yourself with before organizing a beer trade. Given that beer is an alcoholic beverage, it is understandable that it should not be available at any place and time.

Beer alcoholism develops quickly and imperceptibly, which is especially dangerous for children and women. And if for beer dealers large sales volumes are profit, then buyers of a foamy drink pay with their health for its immoderate consumption. We must be sympathetic to the prohibitions established in Article 16 of Law No. 171-FZ, in the end they act for the benefit of the whole society.

  • children's, educational and medical institutions;
  • sports and cultural facilities;
  • public transport of all kinds and its stops;
  • markets, railway stations, airports and other places of mass congestion of citizens (with the exception of catering establishments);
  • military installations.

2. Beer can only be sold in stationary retail facilities, so the building must have a foundation and be entered in the real estate register. That is, temporary structures such as stalls and kiosks are not suitable for selling beer, with the exception of catering establishments. As for the area of ​​the retail facility, if strong alcohol is sold in addition to beer, then the restriction applies:

  • at least 50 sq. m. in cities
  • at least 25 sq. m. in the countryside.

When trading only beer, there are no restrictions on the area.

3. The time for selling beer is limited to the period from 8 am to 11 pm, except for points Catering.

  • seller - from 30 to 50 thousand rubles;
  • official (individual entrepreneur or head of organization) - from 100 to 200 thousand rubles;
  • legal entity - from 300 to 500 thousand rubles;

If there is any doubt about the age of the buyer, the seller must request an identity document. In addition, criminal liability is also possible for the sale of beer to minors. Be aware that the police often stage surveillance raids involving young people in order to instigate such an illegal sale. It is better to play it safe and ask for a passport, even if the buyer looks old enough.

5. Since January 1, 2017, the production and wholesale trade are prohibited, and from July 1, 2017, the retail sale of beer bottled in plastic containers with a volume of more than 1.5 liters. Penalties for violation: from 100 to 200 thousand rubles for individual entrepreneurs and from 300 to 500 thousand rubles for legal entities.

6. Additional restrictions on the sale of beer may be established by local authorities. Yes, in many municipalities the sale of beer in retail outlets located in multi-apartment residential buildings is prohibited. We recommend that before you start selling beer, find out all the rules in the local administration or the Federal Tax Service.

EGAIS - sale of beer

EGAIS is state system control over the production and circulation of alcohol. Do I need EGAIS to sell beer? Yes, of course, but in a limited format. Organizations and individual entrepreneurs purchasing beer for further retail sales are required to connect to the system for years only to confirm the purchases of wholesale lots from legal producers and suppliers.

To connect to EGAIS, you need to get a special electronic signature and register on the official website of Rosalkogolregulirovanie. We described in detail how to do this. After registration in the system, the buyer receives his identification number (ID), and the supplier draws up invoices for him, reflecting them in EGAIS. After the consignment of goods is accepted by the buyer, the supplier writes off the delivered products from their balances in the Unified State Automated Information System, and it is fixed for the buyer.

Confirmation of the fact of the sale of each bottle of beer, as is the case with strong alcohol and wine, is not required, therefore, the sale of beer through the Unified State Automated Information System is easier than other alcoholic beverages. The main thing here is to confirm that the wholesale batch of beer was purchased legally.

Please note that trade in beer without cash register is punishable separately under Article 14.5 of the Code of Administrative Offenses of the Russian Federation:

  • for individual entrepreneurs and heads of organizations - from ¼ to ½ of the calculation amount, but not less than 10,000 rubles;
  • for organizations - from ¾ to the full amount of the calculation amount, but not less than 30,000 rubles.

New OKVED codes for beer trade

Please note that when registering individual entrepreneurs and LLCs, only the classifier is used. To indicate the types of activities related to the sale of beer, use the new OKVED codes that are relevant in 2020.

For wholesale trade in beer:

  • 46.34.2: Wholesale trade in alcoholic beverages, including beer and edible ethyl alcohol;
  • 46.34.23: Wholesale of beer;
  • 46.17.23: Activities of agents for wholesale trade beer.

For retail beer:

  • 47.25.1: Retail sale of alcoholic beverages, including beer, in specialized stores;
  • 47.25.12: Retail sale of beer in specialized stores.
  • 47.11.2: Retail sale of non-frozen products, including drinks and tobacco products, in non-specialized stores;

For the sale of beer in public catering:

  • 56.30: activity of bars, taverns, cocktail halls, discos and dance floors (predominantly serving drinks), beer bars, buffets, phyto-bars, drinks vending machines.

Important: if you registered an individual entrepreneur or LLC before July 11, 2016, then you do not need to make any changes to the codes, the Federal Tax Service will independently correlate your old and new OKVED codes entered in the registers.

But if you decide to start selling beer after mid-2016, and the corresponding codes were not entered immediately upon registration, then you need to report a new type of activity using the forms (for individual entrepreneurs) and P13001 or P14001 (). In this case, indicate the codes according to OKVED-2, as indicated above.

Accounting for the sale of beer

From January 1, 2016, sellers of alcoholic products, including beer, are required to keep a register of retail sales. The form of the journal and the procedure for filling it out are approved by Order of the Federal Alcohol Regulatory Agency dated June 19, 2015 No. 164.

The journal must be completed daily, no later than the next day after the sale of each container or package of alcohol, including beer. At the end of each day, sales data is filled in: name, product type code, volume and quantity. This is what a sample magazine looks like posted on the site state organization FSUE "TsentrInform", which issues an electronic signature for connection to the Unified State Automated Information System.

For the absence of a journal or its incorrect maintenance, a fine is imposed - from 10 to 15 thousand rubles for individual entrepreneurs and from 150 to 200 thousand rubles for organizations.

In addition, according to the results of each quarter, no later than the 20th day of the next month (April 20, July, October, January, respectively), a declaration on the turnover of beer in the form No. 12 must be submitted to Rosalkogolregulirovanie. August 9, 2012 No. 815.

Let's summarize:

  1. Beer can be sold not only by organizations, but also by individual entrepreneurs, however, only retail trade for final consumption is allowed for them.
  2. A license to sell beer is not required.
  3. Consider the statutory prohibitions on the place, time and circle of buyers when selling beer.
  4. It is impossible to legally purchase a batch of beer for further sale without connecting to EGAIS, so you need to register on the Rosalkogolregulirovanie website. After that, the system will need to confirm the fact of the purchase of the batch each time and reflect the remaining products.
  5. From March 31, 2017, the sale of beer, including in public catering, is possible only with the use of a cash register, regardless of the tax regime.
  6. From July 11, 2016, only OKVED-2 applies for registration purposes. Specify OKVED codes for the sale of beer from our selection, they correspond to the current classifier.
  7. Keep a log book for alcohol retail and submit declarations on the sale of beer in a timely manner.

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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. The amendments and additions concern the most different aspects: this is both production and new technologies, equipping retail outlets, selling and renting equipment for bottling beer, 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);
  • outlets non-stationary type (part 9, clause 2, article 16 of the Law);
  • areas 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.

Under the amended law, the sale of beer with the provision of food is allowed in the premises of theaters, concert halls, in the territories adjacent to sports facilities, with the exception of competitions and other sports with the participation of 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 begins in March 2017, relates to the terms of service. In accordance with legal norm, beer and other types of alcohol sold as part of public catering should be sold at facilities that have halls equipped with everything necessary. Such objects also include dining cars, aircraft and water transport.

One of 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 beginning 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.