What will happen to draft beer? Beer Law: latest changes


Mead, poire, beer, cider and other beer-based drinks are alcoholic products, so there are certain rules for selling draft beer in 2017. In this article we will look at the main issues when trading beer drinks and, of course, beer.

Can an individual entrepreneur sell beer?

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

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

Is a license required to sell beer in 2017?

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

Rules for the sale of draft beer in 2017

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

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

  1. It is prohibited to sell beer in the following places and areas adjacent to them:
  • Military facilities;
  • Medical, educational and children's institutions;
  • Any type of public transport, as well as their stops;
  • Cultural and sports facilities;
  • Airports, train stations, markets, etc. public places(catering establishments are an exception).
  1. Retail beer sales permitted only in stationary retail establishments. Therefore, the building must be entered in the real estate register and have a foundation. Temporary structures such as kiosks and stalls cannot sell beer. Catering establishments are an exception. If a retail facility sells, in addition to beer, some other strong alcoholic drinks, then its area must comply with the following standards:
    • In villages and suburbs - at least 25 sq.m.;
    • Within the city - at least 50 sq.m.
There are no area restrictions if the site only retail sale of beer.
  1. In addition to catering outlets, the sales hours for beer are limited: from 8 a.m. to 11 p.m.
  2. Persons under the age of majority are strictly prohibited from selling beer. The sale of alcoholic beverages is punishable by law (Administrative Code of the Russian Federation, Article 14.16):
  • From 350 to 550 thousand rubles – legal entity;
  • From 150 to 250 thousand rubles – an official (head of an organization or individual entrepreneur);
  • From 50 to 100 thousand rubles - seller.
In order to ensure that the buyer is of legal age, it is the seller’s responsibility to require any identification document. In addition, criminal liability is possible for selling beer to persons under the age of majority. Be careful, the police often attract young people and organize control raids to provoke illegal sales.
  1. From January 1, 2017, it is prohibited to produce and trade wholesale, and from July 1, 2017, it is prohibited to sell retail beer bottled in plastic container exceeding one and a half liters. For legal entities this threatens with a fine of 250 to 500 thousand rubles, for individual entrepreneurs - from 150 to 200 thousand rubles.

EGAIS for draft beer in 2017

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

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

Draft beer sales reporting

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

At the end of each day, the quantity, volume, product type code and product name are entered into the reporting journal. For incorrect journal keeping or for its absence, there is a fine in the amount of: 100-200 thousand rubles for organizations and 10-20 thousand rubles for an individual entrepreneur.

Let's summarize

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

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

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

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

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

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

Regardless of the tax regime, from March 3, 2017, it is possible to sell beer, including in public catering, only if you have a cash register.

Rules for the sale of draft beer in 2017 practically the same for both legal entities and private entrepreneurs and organizations. Stick to them, strictly adhere to them, and then you will not run into trouble with the law, and you will not have to pay fines.

We hasten to please entrepreneurs planning to open a beer store: a license is not required to sell draft and bottled beer. Only strong alcohol (above 16%) is subject to mandatory licensing. For beer and drinks based on it: cider, poire, 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 there that the “types of activities subject to licensing” are described.

What documents are needed to sell beer on tap: list

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


However, keep in mind that the requirements for catering outlets are stricter. So, you will need a sanitary and epidemiological certificate from the SES. And to get it you need a whole package of documents:

  • Certificate of registration of individual entrepreneur or LLC
  • Certificate of registration with the tax service
  • Approved charter of the enterprise
  • Order on appointment to the position of store director
  • Full list products sold
  • Plan from the Bureau of Technical Inventory (BTI)
  • Technical passport of the object
  • Agreement for waste disposal and removal
  • Contract for carrying out work on disinfection of premises
  • List of employees
  • Medical records of employees who pour beer
  • Hygiene certificates
  • SEZ for goods sold
  • Plan for carrying out and monitoring the implementation of sanitary and preventive measures

Requirements for a draft beer store in 2017: what documents will be needed during inspection

Retail outlets and public catering establishments 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 goods
  • Lease agreement or proof of ownership of premises
  • Employment contracts and employee medical records
  • Conclusion from the SES (for a catering point)

All trade reports are maintained in accordance with the regulations established by the Tax Service. In addition to the standard documents 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 Inspectorate do not differ from the requirements for other retail outlets. If you rent a premises, then the landlord is responsible to the fire department. Before signing a store lease agreement, make sure that the premises meet the established standards:

  • Fire alarm installed
  • There is an evacuation plan
  • A fire safety log is maintained

Maintaining internal documentation

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


Beer Store Permits: Follow the Law and Run a Successful Business

By complying with the above requirements, you will be able to run a business selling draft beer 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 purchasing 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 stores selling draft beer in Moscow. As well as a database of beer stores that are sold throughout Russia.

In 2017, changes to the law on the sale of alcoholic beverages, including draft beer, came into force. In this article we will figure out how to run a successful beer business according to the new rules and not break the law.

What law regulates the sale of draft beer?

The rules for the sale of draft beer are specified in the Federal Law of November 22, 1995 No. 171-FZ “On government regulation production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products.”

In 2016, changes were made to the document that affected the requirements for the premises, location of draft beer stores, registration in the electronic accounting system, as well as packaging of drinks. Some of them are valid from January 1, 2017, the rest will come into force on July 1, 2017.


Rules for trade in draft beer 2017: requirements for premises and accounting systems

Let's look at how to organize a beer business to avoid fines. An organization or individual entrepreneur must have:

  • Own or rented premises, which is a stationary retail outlet.
  • Warehouse for storing products.
  • Cash register with the possibility of long-term storage of information.

The exception is catering establishments that sell draft beer. These requirements do not apply to them. Also, the law does not specify the minimum total area of ​​retail and warehouse premises.

Important! If in addition to beer drinks you sell other alcohol - wine, vodka, cognac, take into account the restrictions on the size of the premises. The total area of ​​the trading area and warehouse must be at least 50 m² in the city and 25 m² in rural areas.

Where is the ban on the sale of draft beer in effect?

Here is a list of facilities where you cannot sell alcohol:

  • On the territory of theaters, concert venues, educational institutions, hospitals and medical centers
  • In sports complexes and surrounding areas
  • In wholesale and retail markets
  • At gas stations and public transport
  • At the locations of troops and other security agencies
  • In and around airports, train stations
  • At various event venues
  • In non-stationary retail outlets: stalls, mobile pavilions, etc.
  • Close to medical and educational institutions


  • Changes in the law: where the sale of draft beer is allowed

    The law does not prohibit the sale of draft beer if the outlet operates as a catering establishment: shop-bar or summer cafe. In this case, the sale of the drink on the territory of theaters is permitted, concert halls and near sports facilities (if they do not host events involving children). The same conditions apply to airports, gas stations and non-stationary objects - stalls, shops on wheels.

    Ban on opening beer stores in residential buildings: what to expect

    In 2016, a bill banning beer trade in the State Duma was submitted to the State Duma for consideration. non-residential premises located in apartment buildings. However, the initiative was not approved. The deputies decided that such a law would have a negative impact on the market: too many retail outlets would have to be closed.

    In some Russian regions, local authorities have introduced similar restrictions. Thus, in the Amur Region it is forbidden to sell alcoholic beverages in shops and cafes located in residential buildings after 21.00.

    Before you start a business, check what local laws apply in your city. This way you will avoid unpleasant surprises.


    New law for beer stores: EGAIS requirements

    Since January 2017, every individual entrepreneur selling draft beer must register with the Unified State Automated information system(EGAIS).

    To connect to EGAIS, you must:

    • Buy a crypto key and make an electronic signature (ESC)
    • Register on the EGAIS portal
    • Download and install the universal transport module (UTM) - a product accounting program.

    How to work with the EGAIS system

    • The store owner receives the goods and checks whether they match the invoice sent by the supplier online.
    • If everything is correct, the entrepreneur accepts the invoice and registers the purchase in the system.
    • If there are discrepancies in the invoice and the delivered products: quantity, type of goods, damaged markings, etc., the store owner rejects the electronic invoice.
    • Information about the received product is added to the cash register program.

    A business owner must follow established rules to avoid breaking the law. The document does not contain special conditions for entrepreneurs who, for example, operate in rural areas. Even if the store operates in a small village where there are interruptions in the Internet, the individual entrepreneur is required to enter data into the system. Otherwise he will have to pay a fine.

    • After registering an individual entrepreneur or LLC, register with EGAIS.
    • Record purchases in EGAIS. There is no need to record sales!
    • Be sure to keep a log of draft beer sales.
    • Use cash register new model - online cash register.



    Law on draft beer 2017: in what containers can it be sold

    The ban relates to the production and sale of draft beer in packaging made from polymer material, if the bottle volume is more than 1.5 liters.

    Since January 2017, the law applies to manufacturers and wholesalers. From July 2017, the same requirement will apply to draft beer retailers.

    This is an administrative offense that is punishable by fines:

    • In relation to the head of the company: fine - 100’000 - 200’000 ₽
    • In relation to the organization: fine - 300’000 - 500’000 ₽
    • Confiscation of products by court decision

    Draft Beer Sales Law 2017: Follow the Rules and Make a Profit

    We reviewed the main changes that came into force or will be introduced in the summer of 2017. Be sure to take them into account if you plan to open a business selling draft beer.

    Do you want to buy a beer store with streamlined business processes? Be sure to check whether new rules are being followed regarding location, room size, reporting in the EGAIS system, etc. So you can do it profitable investment and quickly recoup the investment.

Many people believe that beer trading brings good profits to the business owner. Is this really true? The state is constantly changing the rules of the game and complicating them, as a result of which many give up sales and move to a less regulated industry. In this article we will look at what new rules for beer sales came into force due to changes in legislation and what needs to be taken into account before opening a new “point” of sale.

Who can sell

Before the law was passed, there were persistent rumors that individual entrepreneurs They will be completely prohibited from selling the foamy drink and they will have to form an LLC. In fact, 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

However, conditions in 2017 became more difficult. They introduced the following restrictions:

  1. Retail sales of the drink are allowed only in owned stationary facilities. Sales from mobile sites or temporary premises are prohibited.
  2. A store selling the drink at retail should not be located near hospitals, cinemas, theaters, schools, kindergartens and other children's, cultural, educational or medical institutions.
  3. Selling beer is prohibited at gas stations, markets, bus/train stations, passageways or crowded places.
  4. You cannot engage in sales if the owner does not have necessary documents(payment bills, waybills, etc.).
  5. In the period from 22-00 to 10-00 (the ban may be regional).
  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 norm is regulated by the RAR).

Innovations in the law

How will it be carried out? beer sales in 2017-2018? New rules for individual entrepreneurs, which came 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 quantity 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 “illegal” deliveries and counterfeit goods. Let's look at who exactly should submit information through the information system:

  1. Retail outlets selling goods at retail within populated areas.
  2. Individual entrepreneurs purchasing a drink for the purpose of its subsequent sale at a retail outlet.
  3. Suppliers who deal wholesale sales, procurement and storage of the drink.
  4. 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 a retail outlet sells - the 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 who has the right to carry out implementation 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 individual entrepreneurs for which a certain deferment applies. Until July 1, 2017, entrepreneurs working in rural areas are not required to submit data (after July 1, the deferment no longer applies). From January 1, 2018, individual entrepreneurs working in 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 ask the question: is a license needed to sell low-alcohol products? This norm is regulated Federal law No. 171 (Article 18). It states that as of 2018, a license is not required to sell beer, so there is no need to purchase one (but deputies are constantly talking about the possibility of introducing this rule, so we recommend that you monitor possible changes). If the norm is adopted and comes into force, and the individual entrepreneur does not have a license, this will result in serious fines and even closure of the business.

Conclusion

Above we have discussed all the controversial issues andNow we present the main points that should be taken into account in activities:

  1. The foamy drink can be sold by both LLCs and officially registered individual entrepreneurs.
  2. An LLC has the right to wholesale, store or purchase goods, while an entrepreneur purchases beer only for retail trade.
  3. As of 2017-2018, a trading license is not required.
  4. Sales are permitted within 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. Individual entrepreneurs or LLCs receive OKVED-2 codes for work.
  8. The individual entrepreneur is required to keep a log of alcohol products sold and submit it to the relevant authorities.