The federal law on the sale of alcohol (also known as 171-FZ) adopted in Russia back in 1995. Since then, a lot of amendments have been made to the legislative act. Recent changes entered into force in the summer of 2017. In order not to be in a very unpleasant situation and do not replenish the ranks of the reporters, it is better to understand all the intricacies mentioned in the document.
Causes of alcohol constrands
Laws restricting the sale and consumption of alcoholic beverages exist in all countries. In Russia, this kind of legislation is also there, and they were not accepted by chance. Many people know that our country is listed in the world leaders in the use of alcohol, and has long been a national problem. In such a situation, nothing remains how to take control over the problem at the state level. In connection with these persons engaged in the implementation of alcoholic beverages, it is important to know what the regulatory framework relates to the rules for selling alcohol.
It is equally important to be aware of the norms regulated by law.
Restrictions on the sale of alcoholic beverages
To be guided by law, competently, it is important to deal with the terminology. In particular, what is a "alcohol drink" according to the creators of the law. Article 2 of Federal Law No. 171 clearly states that all drinks containing from 0.5% are alcohol products. However, when it comes to ban on the realization of alcohol, it means only drinks with a fraction of alcohol above 1.2%. But here you need to do some clarifying comments.
But on which the prohibitions prescribed in the law unconditionally affect, so this is at different types of wines, Portver, brandy, alcoholic tinctures, and other alkoproduction. By the way, it is with the implementation and purchase of beer that the most questions arise. Many believe that the law does not apply to a slightly alcohol foam, as, however, with a small share of ethyl alcohol. In fact, the percentage of ethanol in such products is rarely lower than 3-4%, which means that there is no reason to exclude it from the list of restrictions.
If we talk generally about the most important rules, the implementation of alcohol-containing drinks is prohibited:
- in unauthorized places;
- without a license;
- remotely;
- in a polymer packing exceeding 1.5 liters.
By the way, in 2018, not only the rules for sale of alcohol, but also advertising alkoproduks tightened. In particular, it is now forbidden to advertise alcohol in RuNet. For violation of legislation, individuals will have to pay a fine of 3 to 5 thousand rubles, legal - from 100 to 300 thousand, and officials non-compliance with the rule will cost from 25 to 40 thousand Russian rubles. In addition, according to the law 149-FZ, sites advertising alcoholic products will be blocked.
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For sale minors
This is one of the main points of the law on the peculiarities of the sale of alcohol in the Russian Federation. In all points of sale, it is unacceptable to buy alcoholic beverages by persons who have not reached the age of majority, that is, 18 years old (the exception is young people who have married before adulteration, it is believed that they are already able to answer themselves). Meanwhile, these surveys indicate that 99% of Russian high school students have already happened to intoxication. The results of another study suggest that about a quarter of girls and a third young men in the Russian Federation almost every day use alcoholic beverages of different fortresses. And the survey among the sixth graders, pointed out that 96% of them already know the taste of alcohol. All this suggests that in practice, the law on the ban on the sale of alcoholic beverages to children under 18 does not work as efficiently as the lawmakers originally assumed. Therefore, lately in the State Duma and the Ministry of Health, they started talking about raising the bar of the ban from 18 to 21 years. By the way, a similar prohibition has been operating in the United States for many years. When these changes are made to the regulatory framework of Russia, it is still unknown. So far, the sale of alcohol in our country is prohibited by anyone who under 18 years old. For violation of the ruler of the seller, which released a minor alcohol, expects a fine of 30 thousand to 50 thousand rubles, and the owner of the trading point is up to 500 thousand rubles.
What days the sale of alcohol is prohibited
In our state calendar there are quite a few holidays, which, according to the historically established national tradition, rarely cost without alcohol. However, as evidenced by criminal and medical reports, many people are precisely for the holidays, using superfluous, lose control of them, which often ends with tragic events. It is on holidays that some schoolchildren and students allow themselves to drink. In addition, just on the holidays of a person with alcohol addiction most often make a break in treatment, which is why they are included in the next deadline. In order to prevent unwanted consequences, the days of a complete ban on the sale of alcohol-containing products were identified at the national legislative level.
Children Protection Day. This holiday in the Russian Federation is celebrated every year on June 1. And it is on this day that the implementation of beverages containing ethanol is suspended throughout the Federation. This is done for several reasons. First, so that the children themselves do not have the opportunity to buy alcohol. Secondly, according to sociological research, the problems of many children in need of protection of social services arise because of the parents of alcoholics. So it is quite logical, at least on the day of protection to say green zmia "no!".
Knowledge day, he is the first call or September 1. Children at all times dream of growing faster, seem senior and try "forbidden fruits." Which tricks do not manage schoolchildren to buy beer or wine, and mark the beginning of the new school year. And so that such offenses did not happen, the lawmakers banned sales points on this day to realize any kind of alcohol.
Last call. On May 25, the Russian Federation is a day when the learning process ends in all schools. As practice shows, many schoolchildren prefer to begin the summer holidays with alcohol libations, which often end with strong poisoning. It is decided to deal with this shameful phenomenon at the state level with the help of Law No. 171.
School graduation day. In different regions of the country, school graduation can take place at different times. However, at no matter what date the celebration would have to have, on this day, alcohol sale stops in all stores. As a rule, the date of prohibition on the implementation of alcohol products associated with school graduation is approved by the regional leadership every year.
Youth day. This holiday in our country falls on June 27. And this day in the Russian Federation, according to the legislation, also passes under the sign of a total ban on the sale of alcohol-containing products. This is one of the ways to protect the younger generation of Russians from excessive alcohol use and all the consequences arising from this.
Day of sobriety. The idea of \u200b\u200bthe holiday is to refuse alcohol, so the ban on the implementation of alcohol products on this day looks quite logical. So, any attempts to sell or buy alcohol September 11 pulls a penalty for a fine. As a rule, a prohibition violation is punishable by a fine to 100 thousand rubles and the confiscation of alkoproduks.
Allowable alcohol sales time
Regarding the time allotted by law on the sale of alcoholic beverages, it is strictly regulated and applies to the entire territory of the Russian Federation. Regulatory acts allow you to sell alcohol in allocated places from 8 am to 11 pm. By the way, one small, but very important, from the point of view of the Nuance law, should be understood here. The time for sales of alcohol is determined not by the moment when the buyer came to the store, and when the check was broken. That is, if you, being in the supermarket, put a bottle of vodka in our basket, for example, at 22:40, and it was approached by the checkout at 23.01, you can't buy a purchase, since at this time it will be illegal. Violation of this law provides for the realizer's responsibility in the form of a fine. Even in one bottle of beer, sold after 23.00, the store can receive an administrative punishment in the amount of 100 thousand rubles, followed by the forced confiscation of alcohol.
Meanwhile, it should be noted that separately taken subjects of the Russian Federation may, at its discretion, tighten the temporary prohibitions for the sale of alcohol. In this regard, the exceptions constitute only the catering sites, cafes and restaurants that can sell alcohol throughout their working time.
Places prohibited for the sale of alcoholic beverages
According to Article 16 of the Federal Law No. 171, a complete ban on the implementation of alcohol applies to:
- unauthorized trading facilities;
- educational institutions and territory adjacent to them;
- sports facilities with surrounding territories;
- medical institutions and territory adjacent to them;
- cultural objects;
- wholesale and retail markets;
- public transport;
- metro stations;
- stations, airports and public transport stops (elimination of duty-free shops - Duty Free);
- gas stations;
- strategic facilities, polygons, military units, location of troops and places in close proximity to them;
- locations of increased danger;
- places of mass accumulation of citizens during public events (rallies, demonstrations, picketing, processions);
- public locations around houses and inside them (courtyard, staircase, children's or sports ground, elevator);
- beaches, urban ponds, lakes, squares, tour centers.
Sale of alcoholic beverages in the forbidden location for individuals pulls the penalty of 10-15 thousand rubles. For legal entities, money recovery may be 200-300 thousand rubles with confiscation of alcoholic beverages.
The law on the ban on the sale of alcoholic beverages at a certain time of the day or on certain days does not apply to cafes, restaurants and catering facilities. But there is one point here: the purchased drink will have to be dispelled only in the walls of this institution.
Features of the sale of alcohol in different cities of Russia
As already mentioned, there is a ban on the implementation of alcohol from 23:00 to 8:00 on the territory of the entire Russian Federation. Meanwhile, the law allows regions at its discretion to make this ban even tougher. Some subjects of the Russian Federation took advantage of this right and local regulatory acts even more restricted the time of the sale of alcohol.
For example, in the Leningrad region and St. Petersburg, according to local restrictions, selling alcohol start at 11 am, and stop 22:00. Thus, in the region, the daily time of the implementation of alcoholic products for 4 hours is shorter than provided by federal law.
A little tightened state regulations in Arkhangelsk, Saratov, Astrakhan regions. Alcohol trade here was decided not to start 10 in the morning and continue to generally accepted in the Russian Federation 11 hours in the evening.
In the Kirov region there are the same limitations as in Arkhangelsk: the implementation of alcohol-containing drinks at 10:00 and finish until 23:00. But on weekends, residents and guests of the Kirov region can buy alcohol only within 6 hours: from 17:00 to 23:00 local time.
In the Republic of Komi, the sale of alcohol, though begin by national time - at 8 am, but finish an hour earlier - at 22:00. After 10 pm, it is impossible to buy alcohol and in Mordovia, besides the beginning of the sale of "fuel" here starts only at 11:00.
The Pskov region also decided not to rush with the start of alcohol sales: the departments "degree" drinks are discovered not earlier than 10 o'clock in the morning. Close 2 hours earlier than recommends the main law - at 9 pm.
While in Moscow, the sale of alcohol-containing beverages is carried out according to the schedule of Law No. 171, the Moscow region decided to memorize with the beginning of trade alcohol and dismissed the opening of alcoholic shops from 8 am at 11:00, and finish their work at 21.00. Even more "cut down" the time of the legitimate sale of alcohol in the Tula region and Yakutia, where the check with the purchase of alcohol-containing products does not hit in any store earlier 14:00.
But perhaps the most stringent restrictions were adopted in the Chechen Republic. On this territory, alcohol-containing drinks can be purchased only within two hours a day - from 8 to 10 am. In the days of Muslim holidays to sell and buy alcohol prohibited even in this clock - there is a total taboo on alcohol.
In addition, in some regions of the Russian Federation, additional restrictions on the sale of alcohol are applied to some dates that differ from the newly republican days of the ban. In the Republic of Komi, for example, buying alcohol is impossible not only directly on the day of youth, but also in all the coming weekend. In the Ulyanovsk region, local authorities have also expanded the "sober" days. The region is punished with the law for sale of alcohol, stronger 15%, in any of the weekends available in the year (104 days), as well as in the days of the Russian Federation (June 12) and family communication (September 12).
Where you can sell alcohol
It is possible to engage in the sale of alcohol products only in the places allocated for this (stores, restaurants, bars, etc.) and only if there is a license, as well as quality certificates for goods. Another outlet requirement is the mandatory availability of the cash register.
The legislation clearly indicates places where you can sell alcohol products, and where it is impossible. One of the main requirements concerns the area of \u200b\u200bthe trading point specializing in the retail alcohol retail trade. In the city, the store area with alcohol should not be less than 50 square meters, behind the city feature - at least 25 squares.
For quick and reliable getting rid of alcoholism, our readers advise the drug "Alcobarier". This is a natural remedy that blocks the thrust to alcohol, causing a resistant disgust for alcohol. In addition, the Alcobarrier launches restorative processes in the organs that began to destroy alcohol. The tool does not have contraindications, the efficacy and safety of the drug is proved by clinical studies in the Narcology Research Institute.
The attitude of society to limit the sale of alcohol sharply divided. While one glance welcomes any prohibitions for the implementation of alcohol, others complain that the "dry law" will push to the sales of "from under the adjustment", moonshine, the use of smuggling-quality product. Perhaps the Law 171-FZ and will not cure chronic alcoholics from dependence, but compliance with the society with the regulations, lays a certain model of behavior among young people, shows that it is possible to rest without alcohol libations. It is clear that only the prohibitions of the problem of abuse of alcohol in the country are not solved, so it's time to realize that the words "holiday" and "alcohol" do not have to stand together and even more so are not synonyms.
The order and rules for selling alcohol are constantly changing and complemented.
The latest innovations occurred from the beginning of January 2018.
New rules are primarily aimed at combating suppliers and sellers of falsified alcohol products and buyers' protection.
How to be sure that I bought a quality thoughtless? How not to become a victim of fraud? We will try to answer these and many other questions.
Alcohol Law
The order of turnover of alcoholic beverages is regulated No. 171-FZ "On the regulation of turnover and production of epiloghol alcohol, alcohol and alcohol-containing products".
To control sales of alcohol, a special system of the EGAIS has been operating for more than 10 years.. This abbreviation is decrypted as a unified state automated information system.
The purpose of the EGAIS is the implementation of strict control over the turnover of alcohol products. In practice, this means that entrepreneurs who are engaged in selling alcohol retail, undertake to grant information about themselves to the EGAIS system.
Moreover, accounting is amenable to each purchase of alcoholic beverage (even beer and low-alcohol drinks). It turns out that even if the entrepreneur sold only 1 bottle of beer per day, this information necessarily passes through an automated system.
Alcohol delivery rules
The control system of the EGAIS is carried out already at the first stage - receiving the order from the manufacturer of alcoholic beverages.
To mark the purchase of alcohol in an automated system, a computer accounting program that supports the EGAIS is installed on the computer.
The data introduced into the program and the number of purchased alcohol must completely coincide.
If there is a shortage when checking the order, the buyer can:
- reject the supplier's overhead and agree on the compilation of the new;
- make an act of data inconsistencies.
Attention
In the same way, it is necessary to act if the damage to the excise is detected or it does not meet the requirements of the law. If the transmission of alcohol on the invoice was carried out without any inconsistencies, then all the information on the deliveries carried out is entered into an automated system.
In addition, all information about the purchase is also entered into the cash program, which includes such information:
- each bottle must be with the brand;
- the brake causes a barcode;
- the code, in turn, contains information about the manufacturer, its license for production, other product information.
Production Rules for Alcohol Products
After signing the invoice and placement of data into a specialized report program, the seller can put alcoholic beverages for sale.
Before carrying out sales, all containers with alcohol are scanned in order to be further displayed on commercial checks.
After the sale, the program issues a check with information about the point of sale and barcode.
It is with such a sequence of actions that all sales will be recorded in the Egyia system. It does not matter how many units of products purchased a buyer, he will receive a check in one instance.
If the product code does not work, it means that these alcohol products are illegally released, but it is possible that the problem is in the system that can sometimes be born.
If the Internet turns off at the point of sale, the program will automatically save data about each scanned product. After restoring the connection, the system without third-party help will be able to transfer information to Egyia.
Who will affect innovations
New rules for the sale of alcoholic beverages relate to all retail outlets:
- the shops;
- restaurants;
- bars;
- other institutions that sell alcohol.
If entrepreneurs are exclusively engaged in sales of beer, honeycomb, cider, various low-alcohol drinks, they also did not fall into the exception category and are obliged to provide information to the Egyia system.
Conduct the goods through the automated system of sellers of low alcohol drinks from January 1 of this year. Owners of cafes and restaurants also undertake to fix the purchase of alcoholic beverages. This means that all the establishments where alcohol is sold should be installed a program that supports the EGAIS.
True, for some entrepreneurs have been established temporary exemption from the EGAIS system.
- retail merchants on the territory of the Crimea;
- in remote settlements, where the population does not exceed 3 thousand inhabitants and there are problems with the Internet compound. The deferment for the implementation of the program in this case is 1 year. However, this is a relaxation concerns the sale of alcohol, from accounting for procurement such entrepreneurs are not exempt;
- plants and companies that produce low alcohol drinks and beer in the amount of no more than 3 thousand decaliters;
- from the provision of sales reports, catering establishments selling only beer and low alcohol products are exempt;
- enterprises that produce wine and champagne based on their own grown grapes.
Online more and more online stores that are engaged in alcohol trading. However, the rules obliging Internet sites have not yet been taken accounting for sales. In the near future, it is also planned to limit the temporary framework for the sale of alcohol through the Internet.
Accounting for sales
All entrepreneurs who sell alcohol must keep the accounting magazine where data on sales of alcoholic beverages and product characteristics are made. In particular, such data contributes to the log:
- code, name and product number;
- date of sale;
- data on the number of units of products and its litter;
- the code of the type of alcohol unit.
Data on the supply of goods to the magazis make not necessary, but the special form of such a document is established. It is allowed to keep records of sales in a paper or electronic version. Based on these sales accounting, the tax declaration is filled (fill once a quarter).
Information
Maintaining sales magazine and accounting through the EGAIS should be made separately.
Responsibility for violations of alcohol sales rules
If the entrepreneur decides to refuse to connect to an automated system, it will suffer responsibility.
If the seller has not set a unified accounting system, then the sale of alcoholic beverages of any fortress is prohibited. In this case, it comes administrative responsibility for trading with alcoholic beverages without proper package of documents.
The legal entities are given a punishment in the form of a fine as much as possible up to 20 thousand, and for citizens a fine - up to 15 thousand.
Responsibility comes for those implementers who do not scan the goods when selling.
With serious violations of new rules, the entrepreneur can even lose the license. Since the actions of the entrepreneur are regarded as the conduct of illegal alcohol trade.
A warning
For the system violation of the law of the seller of alcohol can be criminally liable and establish a sentence of 80 thousand fine or correctional work to one year. Also, the violator will be banned to sell alcoholic beverages up to 3 years.
Sale of alcohol without a license
In addition to conducting reporting in the EGAIS, it will take a license to sell alcohol. To get permission to trade alcohol, the entrepreneur must file:
- application for issuing a license established sample;
- receipts about paying duty;
- constituent documentation;
- certificate from the tax authority;
- conclusion from the service of the Ministry of Emergency Situations;
- certificate of lack of debt from IFTS;
- codes of the State Statistics Committee;
- lease agreement or ownership of commercial premises.
A trade license is issued for a different period: from 1 year to 5 years. After the expiration date, permission can be extended. But in order to extend the license, the application must be filed two months before the end of the permission to trade alcohol.
The state duty for each type of alcohol license is 40 thousand rubles, and for the implementation of wholesale sales you need to pay from 500 thousand rubles.
The legislation has limitations and on time to sell alcohol. Entrepreneurs are forbidden to let alcoholic beverages from 23:00 to 08:00. The exception is established only for duty-free points and catering establishments. If necessary, the regulations on the places and conditions for selling alcohol can be established separately in the subjects of the Russian Federation.
Alcohol products, which includes vodka, wine and recently - beer, is limited in the turn of the goods. This means that the production and retail sale of alcoholic beverages is possible in compliance with a number of requirements. Basic of them is the presence of a special permission - licenses. Many restrictions relate to the exclusively industrial production and alcohol turnover. We will not speak about these prohibitions. Most of the population worries one simple question - if the sale of alcohol is prohibited at night, then to which the hour can rightly buy alcohol in the store? Let's figure out what time of selling alcohol in Moscow and the Moscow region established by law?
The main federal law establishing the requirements for the production and retail sale of alcohol is 171-ФЗ dated 11/22/1995 "On the state regulation of production and the turnover of ethyl alcohol, alcoholic and alcohol-containing products ...". Article 16 of this law lists special requirements for the retail sale of alcohol to the population. Paragraph 9 of this article states that at the federal level, the sale of alcohol is prohibited from 23 o'clock in the evening to 8 am the next day local time. This restriction was immediately called the peculiar analogue of the "dry law" in the Russian execution.
Chief "Alcohol" RF Law It is worth noting that federal legislation establishes the right of local authorities to introduce a tougher framework for the time of selling alcohol on its territory, up to a complete ban on the implementation of alcohol. This indicates paragraph 2 of paragraph 9 of Article 16 of the "main alcoholic" law of the country. In many ways, this provision caused the genuine interest of consumers to the regional sales of alcohol. In many regions it is significantly different.
Exception from rules for catering and "duty Free »
The norm, which establishes the time for selling alcohol at the federal level, also introduces the exception to this rule. So, the ban on the sale of alcohol from 23 o'clock in the evening to 8 am the next day local time does not apply to the public cafes and restaurants, as well as on duty-free shops by type - "Duty Free".
Time for sale of alcohol in Moscow and the Moscow region
To date, controls for the alcohol industry is divided between Rosal acceleration, which is managed by the Ministry of Finance, and the regional authorities. At the same time, if industrial production and turnover moved under control by federal officials, then retail sales are controlled by regional authorities. In this regard, in many regions, local regulatory acts, orders and laws establishing, along with the sale of alcohol, additional revision restrictions and in a specific subject of the Russian Federation were published. Look time for selling alcohol in a particular region it is necessary.
To begin with, we will stop at metropolitan legislation. In Moscow, the regional regulatory legal act establishing restrictions and prohibitions of alcohol sales is the ruling of the Government of Moscow of December 28, 2005 No. 1069-PP. In Appendix No. 2 of this Resolution, additional limitations and conditions for the sale of alcoholic beverages in the capital are indicated. No references for the time of selling alcohol in Moscow law.
Moscow operates the federal time for banning the sale of alcohol from 23 o'clock in the evening to 8 am the next day. Thus, in the capital you can buy alcohol in the store until 11 pm.
The Moscow region adopted the law of April 27, 2012 No. 40/2012 "On the retail sale of alcoholic beverages in the Moscow region". According to Article 2 of this Law, the Moscow Regional Duma is endowed with the right to introduce restrictions on the sale of alcohol, including a complete ban on the implementation of the alcohol population. However, now there are no norms about the time of selling alcohol in the regional law.
In the Moscow region it is impossible to legally buy alcohol from 23 o'clock in the evening to 8 am the next day.
Let us sum up the analysis of the analysis of the regional legislation of Moscow and the Moscow region on the regulation of the retail sale of alcohol. If you decide to buy alcohol in a metropolitan or regional store, you can do it until 11 o'clock in the evening and from 8 am, due to the fact that in Moscow and the Moscow region there is a federal time for banning the sale of alcohol from 23 o'clock in the evening to 8 am next day.
Recall that this ban does not apply to legal catering enterprises. In this regard, during the "dry" law, the only way to drink "hot" drinks is to visit and their order in a restaurant, cafe or club. At the same time, public catering establishment data must have a suitable license.
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Responsibility for selling alcohol in prohibited time
If the seller or the store's cashier refuses to sell alcohol in the framework of the specified time, then its actions are illegal. Unfortunately, such a situation is found much less frequently than the desire to sell the alcohol population around the clock. To curb the actions of enterprising alcohol sellers, the Code of Administrative Offenses provides for part 3 of article 14.16, which introduces a penalty for violating the rules for selling alcohol.
The director of the store selling the alcohol night will be punished with a fine of up to 10 thousand rubles, and the store itself, as a legal entity - up to 100 thousand rubles with confiscation of alcoholic beverages. For citizens who bought alcohol in the prohibited time, fines are not provided.
Do not forget that most of the outlets released the alcohol population at night, as a rule, actually acts illegally, and their alcohol products are often dubious quality.
Beer, as well as Cider, Poire, Medov, and other beverages based on beer are alcoholic products. When selling beer, it is necessary to take into account the norms regulating alcohol trade, but with some features. Is it interested in this direction of business? Then read our article, we will talk about the most important issues when trading beer and beer drinks:
- can IP sell beer;
- whether a license for the sale of beer is needed;
- what limitations exist when selling beer;
- does the sellers of beer connect to the egas;
- when the sale of beer does not need a cash register;
- what OKVED codes to choose for the sale of beer;
- what reporting about sales volumes should be passed.
Can IP start trading beer
Immediately answer that individual entrepreneurs have the right to sell beer. Why does such a question arise at all? Do you have ban on alcohol trade related to the organizational and legal form of the seller (IP or LLC)? Such a prohibition really is, it is established by Article 16 of the Law of 11/22/1995 No. 171-FZ.
According to it, only organizations are allowed to sell strong alcohol. Why is it not explained, but the fact remains a fact - only legal entities are entitled to trade with strong spirits and wines. The exception is made only for IP - agricultural producers, which implement wine and champagne in their own production.
Regarding the sale of beer, the same article states that "retail sale of beer and beer beverages, cider, Poire, honeycomb are carried out by organizations and individual entrepreneurs." Pay attention - it is the retail sale! The fact is that there is another norm of Article 11 of the Law No. 171-FZ, and it permits the wholesale turnover of alcohol and beer is also only legal entities.
Thus, individual entrepreneurs have the right to sell beer and drinks based on it only in retail. And to produce and sell beer without restrictions, you need to register the company.
Does the License need to trade beer
And here everything is simple - the license for the sale of beer is not required. We again read the Law No. 171-FZ, article 18 on extradition: "... With the exception of production and turnover of beer and beer drinks, cider, Poire, Medovukhi. So, the sale of beer without a license in 2019 is not threatened, no sanctions for this are not provided. True, certain restrictions and requirements for the organization of the sale of beer still exist, and then we will tell about them.
Terms of sale of beer
This is perhaps the most important information with which you should familiarize yourself with the organization of beer trading. Considering that beer is an alcoholic drink, it is clear that it should not be accessible anywhere and time.
Beer alcoholism develops quickly and unnoticed, which is especially dangerous for children and women. And if large volumes of sales are a profit for beer merchants, then buyers of a foam drink for non-harmonious consumption pays their health. It is necessary with understanding refers to the prohibitions established in Article 16 of Law No. 171-FZ, ultimately they act for the good of the whole society.
- children's, educational and medical institutions;
- sports and cultural objects;
- public transport of all kinds and stops;
- markets, train stations, airports and other places of mass accumulation of citizens (with the exception of catering enterprises);
- military objects.
2. Could only be sold in stationary shopping facilities, so the building must have a foundation and be included in the real estate register. That is, such temporary structures, like stalls and kiosks, are not suitable for the sale of beer, the exception is the catering enterprises. As for the area of \u200b\u200bthe trading facility, if other than beer is sold strong alcohol, then the restriction is valid:
- not less than 50 square meters. m. in cities
- at least 25 square meters. m. in rural areas.
During trade, only beer restrictions on the area is not established.
3. The time of sale of beer is limited from 8 to 23 hours, except for catering points.
- the seller is from 30 to 50 thousand rubles;
- official (IP or the head of the organization) - from 100 to 200 thousand rubles;
- legal entity - from 300 to 500 thousand rubles;
If any doubts at the age of the buyer, the seller must request a document certifying the person. In addition, criminal liability is also for the sale of beer minors. Note that the police often arrange control raids with the involvement of young people in order to provoke such an illegal sale. It is better to restrain and request a passport, even if the buyer looks quite adults.
5. From January 1, 2017, production and wholesale trade, and from July 1, 2017 - and retail sale of beer spilled in a plastic container with a volume of over 1.5 liters. Penalties for violation: from 100 to 200 thousand rubles for IP and from 300 to 500 thousand rubles for legal entities.
6. Additional restrictions on the sale of beer can be installed local authorities. So, in many municipalities, the sale of beer in retail outlets located in apartment buildings are prohibited. We recommend before starting trading beer, find out all the rules in the local administration or IFTS.
YEGAIS - sale of beer
Yegais is a state system for controlling the production and turnover of alcohol. Does the EGAIS need for sale beer? Yes, of course, but in a limited format. Organizations and IP, buying beer for further retail, year, are required to connect to the system only to confirm the purchases of wholesale parties from legal manufacturers and suppliers.
To connect to the EGAIS, it is necessary to get a special electronic signature and register on the official Rosal acceleration website. About how to do it, we told in detail. After registering in the system, the buyer receives its identification number (ID), and the supplier makes consumable overhead on it, reflecting them in the EGAIS. After the goods are accepted by the buyer, the supplier writes off the delivered products from its remnants to the EGAIS, and it is fixed by the buyer.
Confirmation of the fact of sale of each bottle of beer, as it happens with strong alcohol and wine, is not required, therefore trading of beer through the EGAIS is designed easier than other alcoholic beverages. Here the main thing is to confirm that the wholesale batch of beer purchased legally.
Please note that trading of beer without a cash register is punishable by separate under Article 14.5 of the Administrative Code of the Russian Federation:
- on the IP and managers of organizations - from ¼ to ½ the amount of the calculation, but not less than 10,000 rubles;
- on the organization - from ¾ to the total amount of the calculation, but not less than 30,000 rubles.
New OKVED codes for trading beer
Please note that when registering IP and Ltd., only a classifier is used. To specify the activities related to trading beer, apply new OKVED 2019 codes.
For wholesale Beer trading:
- 46.34.2: Wholesale of alcoholic beverages, including beer and food ethyl alcohol;
- 46.34.23: Wholesale trade in beer;
- 46.17.23: The activity of agents in wholesale trade of beer.
For retail beer:
- 47.25.1: Trade retail alcoholic beverages, including beer, in specialized stores;
- 47.25.12: Trade retail beer in specialized stores.
- 47.11.2: Retail sale of non-frozen products, including drinks and tobacco products, in non-specialized stores;
For trading beer in the publication:
- 56.30: The activity of bars, taverns, cocktail halls, discos and dance sites (with prevailing beverages), beer bars, buffets, phyto-bars, vending machines.
Important: If you have registered IP or LLC before July 11, 2016, you do not need any changes to the codes, the FTS will relate to your former and new OKVED codes made to the registries.
But if you decide to sell beer after mid-2016, and the relevant codes were not made immediately when registering, then report new activities in forms (for IP) and P13001 or P14001 (). In this case, the codes indicate OKVED-2, as indicated above.
Reporting when selling beer
From January 1, 2016, sellers of alcoholic beverages, including beers, are obliged to keep the magazine accounting for retail sales. The shape of the magazine and the order of its completion was approved by order of Rosalkogoliregulation of 19.06.2015 No. 164.
The magazine should be filled daily, no later than the next day after the sale of each container or packaging of alcohol, including beer. According to the result of each day, the sales data is fill in: the name, product code code, the volume and quantity. This is how the sample of the magazine is located on the website of the State Organization of FSUE "Centrinform", outstanding an electronic signature for connecting to the EGAIS.
For the lack of magazine or incorrect his maintenance imposes a penalty - from 10 to 15 thousand rubles per SP and from 150 to 200 thousand rubles on the organization.
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), it is necessary to pass into the Rosalkopulation Declaration on the turnover of beer in form No. 12. The declaration form and its filling rules approved by the Government Decree from August 9, 2012 No. 815.
Let's summarize:
- Not only organizations can sell beer, but also individual entrepreneurs, however, only retail trade for finite consumption is allowed for them.
- License for sale of beer is not required.
- Consider the banned prohibitions in place, time and circle of buyers when selling beer.
- It is impossible to legally purchase a batch of beer for further selling without connecting to the EGAIS, so it is necessary to register on the Rosalkogul regulation site. After that, the system will need to confirm the fact of purchasing the party and reflect the remnants of products.
- From March 31, 2017, the sale of beer, including, in the publication is possible only with the application of the cash register, regardless of the tax regime.
- From July 11, 2016, only OKVED-2 applies for registration purposes. Specify the OKVED codes for the sale of beer from our selection, they correspond to the current classifier.
- Drive the journal of accounting for alcoholic retail and deliver the declarations about the sale of beer in a timely manner.
In Russia, the rules for the retail sale of alcohol and alcohol-containing products are established by federal legislation. Moscow, Moscow region and other regions have the right to be corrected towards tightening, for example, to reduce alcohol sales time.
We will tell you more, since how many and how many sell alcohol in Moscow and the Moscow region and that threatens to violators the rules for the sale of wine, vodka and other "hot" and low-alcohol beverages.
Federal control of alcohol turnover
The main document, around which the entire regulatory system is built to regulate the production and sale of alcohol, is the Federal Law of 11/22/1995 No. 171-FZ "On state regulation of production and a turnover of ethyl alcohol, alcohol and alcohol-containing products and a consumption restriction (separation ) alcoholic beverages (as amended by Federal Law of 07.01.1999 N 18-FZ) (as amended on December 27, 2018) (revision operating from January 1, 2019) "
To alcohol and alcohol-containing products, the law relates the goods, the concentration in which the ethyl alcohol is above 0.5% of the finished volume. Definition of concepts:
- alcoholic: strong drinks (vodka, brandy, whiskey), wine, champagne, liqueurs, beer, cider, medical and dr.;
- alcohol-containing: Food (wine materials, wort) and non-ethyl alcohol with a share of ethyl alcohol above 0.5% of the finished volume.
Sales in the retail of strong alcohol at points for the provision of catering services are made only by organizations. These are registered in Moscow and field of legal entities. Retail sale of beer, wine, champagne, cider in stores and at points for the provision of public catering services is allowed to organizations and IP.
For the free sale of alcohol, the implementer is obliged to issue a license for this type of activity. The buyer has the right to request from the seller to provide a document with a barcode carrying information about registration in the EGAIS.
Illegal sale of alcohol minors (paragraph 2 of Article 18 of the FZ). The selling side has the right to demand a young buyer to provide any document that determines the age: passport, driver's license, residence permit, dipport, temporary identity card, etc.
The norms of the law prohibit selling alcohol in buildings if it is performed there:
- educational work (d / s and schools municipal and private, tradeline, etc.);
- medical work;
- cultural or sporting events;
- in the territories adjacent to the listed buildings. The boundaries of the adjacent zone are marked in place by regional authorities.
Forbidden sales of alcohol:
- in transport, at stops, in the zones of air and railway passenger traffic, on gas stations and seats adjacent to them;
- in places with a large number of people during mass events.
Up to our time, a question for sellers and buyers: how many hours are sold in 2018 alcohol, registered in paragraph 9 of Article 18 of the Federal Law. Retail restriction comes from 23 hours to 8 h below local time.
Does not affect the prohibition of the Federal Law:
- places that provide catering services. Sale of alcoholic beverages occurs in a unpacked container or spill;
- on board ships and aircraft using EAEP rights;
- in retrovers of duty-free sale of goods.
There is a guessing opinion that in large shopping centers, such as Auchan, Crossroads, Bristol, Magnet, Ribbon, etc., allowed night sales of alcohol, contradicts reality. All organizations engaged in the turnover of alcohol and alcohol-containing products are required to obey the law and fulfill it.
The FZ gives the right to regional legislative power to introduce reinforcing prohibitions during the sale of alcoholic beverages. To find out how many alcohol sell in Moscow and the Moscow region and how many sell alcohol in Moscow (2019), it is necessary to refer to local regional legislation.
Limiting alcohol sale in Moscow
The reference document regulating the rules and time of selling alcohol in Moscow in 2018 is the decision of the Moscow Government dated December 28, 2005 No. 1069-PP on measures to comply with and monitor the legal acts of the Russian Federation in the sphere of alcohol turnover. The decision obliges to acceptance and execution on the territory of Moscow of Law No. 171-FZ of November 22, 1995 and on its basis, the sale of alcohol in Moscow is regulated. Sales time selling in the capital: from 23 pm and up to 8 hours next day.
The ruling not only regulates, how many alcohol sell in Moscow, but also limits the distance on which the retail trade of alcoholic beverages is prohibited:
- to kindergartens, schools, trade-rounds - 100 m. Distance for items carrying out the services of a category - 25 m;
- to sports facilities, medical institutions, entry / exit sites in the underground metro, railway stations, airport buildings and railway stations - 25 m.
Information update: On the eve of the May holidays, the Moscow authorities decided to limit the sale of alcohol in Moscow from April 29 to May 2, as well as on May 9 in places of mass accumulation of people - at holiday events, in parks, squares and pedestrian streets.
Limiting the sale of alcohol in the Moscow region
The working regulatory document governing the retail sale of alcohol in the Moscow region is the Law of MO No. 40/2012-OZ dated April 27, 2012, as amended on December 21, 2017.
In the previous version of the law, Article 6 introduced an additional veto on the sale of alcohol from 21 hours to 11 hours of the next time.
In December 2017, Article 6 and the time of selling alcohol in the Moscow region has been fixed at the federal level. Sale of alcohol into MO is limited to night and morning clocks, as well as selling alcohol in Moscow. Time in 2018, prohibiting the retail sales of "hot" and low alcohol beverages in the area, established from 23 hours to 8 hours The next morning.
Responsibility for violations
Ignoring the norms of the implementation of alcoholic and alcohol-containing products (if a criminal act does not entail) under the administrative responsibility of Article 14.16 of the Administrative Code of the Russian Federation No. 195-ФЗ dated December 30, 2001. These norms
For the distribution of alcohol in the place of sale at night (concerns all regions, including Moscow and the Moscow region), penalty:
- officials - 20,000 - 40,000 rubles. plus a complete seizure of alcoholic beverages;
- legal entities - 100 000 - 300 000 rubles. Plus the complete seizure of alcoholic beverages.
Sale of alcohol minors imposes fine:
- officials - 100,000 - 200,000 rubles;
- legal entities - 300 000 - 500,000 rubles.
Alcohol implementation without allowing documents:
- officials - 10 000 - 15 000 rubles. plus a complete seizure of alcoholic beverages;
- legal entities - 200,000 - 300,000 rubles. Plus the complete seizure of alcoholic beverages.
Is it worth cutting the time of sale?
Almost every year the question of tightening the requirements for the sale of alcohol in Moscow rises. Time want to reduce on the decline in consumption of alcoholic beverages by the population. The Ministry of Health of the Russian Federation has repeatedly performed with more radical proposals, in particular, to completely prohibit the sale of alcohol on the weekend.
However, the experiment, which was held in the Moscow region, where the time of selling alcohol was reduced, showed that the tightening of requirements for vodka and beer consumption and beer strongly does not affect, and on the contrary it nourishes the market for the illegal sale of alcohol.
And what do you think it is necessary to sell alcohol in the Moscow region and Moscow and how much? Write your opinion in the comments.