Beer trading rules. Beer law in the Russian Federation: fines, latest amendments Wholesale trade of beer requirements

Last year, 2017, the legislation in the field of circulation of alcoholic products, in particular beer, underwent some changes. Punishments for violations in this area have been tightened, and some provisions regarding the rules for the circulation of alcohol-containing products have been changed.

The essence of the law

The main legal document in the field of sales of alcohol, and beer in particular, is adopted by the State Duma of the Russian Federation in July and approved by the Federation Council of the Russian Federation in November 1995.

Structurally, Law 171-FZ is presented in four chapters, including 27 articles. Let's consider summary law, outlining the main theses:

Chapter 1. General provisions : scope of the law, basic concepts, relevant legislation, state monopoly on the production and circulation of alcohol and alcohol, powers of federal and local authorities in this area.

Also read the Federal Law on Bankruptcy of Individuals. More details

Chapter 2. Requirements for the production and circulation of beer: rules for using equipment, circulation and supply of alcohol and alcohol, accompanying documentation, special requirements, taxation and labeling, regulation of import and export of alcoholic products, accounting and declaration of production volume, turnover and use of grape volume (in the production of wine and cognac products), registration production equipment, requirements for retail sales, drinking rules and restrictions.

Chapter 3. Licensing: types of activities subject to licensing, procedure for issuing a license, suspension, renewal and termination and cancellation of a license, procedure for appealing a refusal to issue a license.

ABOUT state secret read

Chapter 4. State supervision: control in the field of production, supervision of compliance with mandatory requirements, licensing control, supervision of the use of equipment, public control, SRO of winemakers and winegrowers, suppression of illegal production and trafficking of alcohol, restrictions, features of the application of certain provisions of Law 171-FZ.

As can be seen from the thesis structure of the law, the main subjects of regulation of this law are the production and circulation of ethyl production and alcoholic products, as well as restrictions on drinking alcohol.

As for beer, in paragraph 13.1 of part 1 of Art. 2 of Law 171-FZ defines this drink, short description production technologies and characteristics of tolerances on the content of components.

Also read: Federal Law 261 in the latest edition. Details

Also, the “beer law” stipulates that technological equipment for the production of beer and beer drinks must be equipped with automation that measures and takes into account the concentration (strength) of the drink, as well as the volume of finished products, with an exception made for small breweries.

Article 12 of the law states that the requirements for mandatory labeling of alcoholic beverages do not apply to beer and beer drinks.

Also, an exception has been made for beer and beer drinks in the area retail. In the retail trade of alcohol and the provision of public catering services, only organizations have the right to sell alcoholic products. However, individual entrepreneurs also have the right to sell beer and beer drinks.

According to the provisions of Part 7 of Article 16 on special requirements for the retail sale of alcohol when providing public catering services, as well as for drinking alcohol, the ban on drinking alcohol in public places also applies to beer and beer drinks. If the drink was purchased at an establishment, it should only be consumed in that establishment.

According to Part 9 of the same article of the “law on the sale of beer,” the rule banning the sale of alcohol between 11 p.m. and 8 a.m. local time also applies to beer, but the sale of this drink in establishments (restaurants, bars, etc.) is permitted.

Federal Law on Trade in a new edition

Paragraph 1 of Article 18 states that production and circulation of beer and beer drinks are not subject to licensing. Let us recall that the term “turnover” (according to paragraph 16 of Article 2) includes purchase, delivery, storage, transportation and retail sales.

On January 1, 2018, the deferrals and relaxations that applied to Crimea and the city of Sevastopol ended. Now the requirements for the production and circulation of alcohol in this territory are imposed in full.

Are there penalties for breaking the law?

In July 2017, the President signed a law amending the Code of Administrative Offenses of the Russian Federation, which provides for increased liability for the illegal sale of alcohol. Responsibility for violating the rules for the production and sale of alcoholic products is prescribed in Articles 14.16 - 14.19 of the Code of Administrative Offenses of the Russian Federation.

Let's figure it out how to sell beer under the new law. When selling bottled and draft beer, the seller must consider and observe the following main points:

Trading time. According to Law 171-FZ, the permissible time for the sale of alcohol in the country is from 8 to 23 hours local time. In some cities and regions, even stricter restrictions have been established, and separate night bans may also be added. holidays, where retail alcohol cannot be sold - for example, on school graduation days.

For violation there is a fine in the amount of:

• For the seller - 30 - 50 thousand rubles;
• For the owner of a store or retail outlet: 5-10 thousand rubles;
• For an individual entrepreneur and a legal entity: up to 100 thousand rubles with confiscation.

Place of trade. Beer can only be sold in stationary retail establishments (the building must be permanent and consist of unified register real estate). Selling beer in stalls and kiosks is prohibited. It is also prohibited to sell beer in the following facilities and in the areas adjacent to them: children's, educational and medical institutions, sports and cultural facilities, public transport of all types and its stops, gas stations, markets, train stations, airports and other public places (except for public catering), military facilities.

For selling alcohol in the wrong place, a fine is imposed in the amount of:

• From business owners 10-15 thousand rubles;
• From a legal entity - up to 300 thousand rubles.

EGAIS— Unified state automated information system. Organizations and individual entrepreneurs purchasing beer for retail sale are required to connect to the system only to confirm purchases of wholesale quantities from legal suppliers. The seller must register on the Rosalkogolregulirovanie website. After this, the system will need to confirm the fact of purchasing a batch each time and reflect the remaining product.

For violation of the procedure for recording information on the volume of alcohol turnover in the Unified State Automated Information System (EGAIS) fines are imposed in the following amounts:

• For individuals (company manager) - from 10 to 15 thousand rubles;
• For legal entities- 150,000 - 200,000 rubles.

In both cases, confiscation of illegally sold products is possible.

Availability of a cash register. 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. Selling beer without using a cash register is punishable according to Article 14.5 of the Code of Administrative Offenses of the Russian Federation. The fine is:

• For individual entrepreneurs and heads of organizations - 25% - 50% of the settlement amount, but not less than 10,000 rubles;
• For organizations - from 75% to 100% of the settlement amount, but not less than 30,000 rubles.

Buyer's age. If there is the slightest doubt about the buyer’s age, the seller should ask him to present an identification document.

For the sale of alcoholic beverages to minors, an administrative fine is provided in the amount (Part 2.1 of Article 14.16 of the Code of Administrative Offenses of the Russian Federation):

• For the seller - from 30 to 50 thousand rubles;
• For a manager (official) - from 100 to 200 thousand rubles;
• For legal entities - from 300 to 500 thousand rubles.

Maintaining a register of retail trade volumes is a mandatory requirement for sellers of alcohol and in particular beer. The log must be completed daily.

For violation of this requirement or incorrect journal keeping, a fine is imposed in the amount of:

• For individual entrepreneurs - from 10 to 15 thousand rubles;
• For organizations - from 150 to 200 thousand.

In addition, a declaration on beer turnover must be submitted quarterly to Rosalkogolregulirovanie. Download useful files:

Container and its volume. A sensational innovation in relatively recent times prescribes a ban on the production and sale of beer bottled in plastic containers with a volume of more than 1.5 liters. This change was associated with government policy combat beer alcoholism and was done to reduce alcohol consumption by the population.

For violation of this provision there is a fine:

• For individual entrepreneurs - from 100 to 200 thousand rubles;
• For organizations - from 300 to 500 thousand.

When illegal sale of alcohol by an individual, the violator faces a fine of 30 to 50 thousand rubles (Article 14.17.1 of the Code of Administrative Offenses of the Russian Federation).

What changes have been made?

Amendments came into force on January 1, 2018, prescribed in Federal Law No. 278-FZ of July 29, 2017. In many ways, the amendments affected the circulation of medicines, medical products and preparations containing alcohol.

Below we will discuss in more detail the amendments to the law that specifically affected the circulation of beer and alcoholic beverages.

Clause 2.3 art. 11 was presented in a different edition. Thus, an organization producing alcoholic products must own, operate, manage or lease for a period of one year production and warehouse premises that meet the established requirements, which are real estate objects.

Article 11 of Law 171-FZ was also supplemented with paragraph 8, according to which the proceedings alcoholic drinks, the strength of which is less than 15%, containing tonic substances, is prohibited. Such drinks are allowed to be produced only for export purposes.

Clause 1 of Article 14 has been reworded. Its provisions mostly affected the accounting of the volume of production of alcoholic products and the procedure for declaring them, which was described in detail in the subsection of this article on fines.

Clause 1 of Article 26 on restrictions on the production and circulation of alcohol was supplemented with a paragraph stating that from now on, when moving across the territory of Russia and across the state border, either on foot or by car or other transport, one person should have no more than 10 liters of unmarked alcohol. alcohol products.

The fine for disseminating such information will be:

• For citizens from 3 thousand to 5 thousand rubles;
• For officials - from 20 thousand to 40 thousand rubles;
• For legal entities - from 100 thousand to 300 thousand rubles.

Download the current version of the law

This information will be useful to both producers and consumers of beer and beer drinks. In addition, the information presented in the article can serve as a reminder for owners and managers of stores and establishments selling these products.

For more detailed information about the provisions of the law, we offer No. 171-FZ dated November 22, 1995 “On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products” with amendments and additions that came into force on 1 January 2018.

Privacy agreement

and processing of personal data

1. General Provisions

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

1.2.Use of the Services means the User agrees with this Agreement and the terms and conditions specified therein; in case of disagreement with these terms, the User must refrain from using the Services.

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

"User" -

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

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

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

which has accepted the terms of this Agreement.

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

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

2. Responsibilities of the Parties

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

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

2.3. The obligation to keep confidential information secret is valid within the validity period of this Agreement, the license agreement for computer programs dated December 1, 2016, the agreement to join the license agreement for computer programs, agency and other agreements and for five years after termination their actions, unless otherwise separately agreed by the Parties.

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

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

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

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

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

2.5.Insales does not verify the accuracy of the information provided by the User and does not have the ability to assess his legal capacity.

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

2.7.Insales has the right to make changes to this Agreement. When changes are made to the current edition, the date of the last update is indicated. The new version of the Agreement comes into force from the moment it is posted, unless otherwise provided by the new version of the Agreement.

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

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

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

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

Insales has the right to establish that the provision of a certain Service is possible only on the condition that the acceptance and receipt of cookies is permitted by the User.

2.11. The user is independently responsible for the security of the means he has chosen to access his account, and also independently ensures their confidentiality. The User is solely responsible for all actions (as well as their consequences) within or using the Services under the User’s account, including cases of voluntary transfer by the User of data to access the User’s account to third parties under any conditions (including under contracts or agreements) . In this case, all actions within or using the Services under the User’s account are considered to be carried out by the User himself, except in cases where the User notified Insales of unauthorized access to the Services using the User’s account and/or of any violation (suspicion of violation) of the confidentiality of his means of accessing your account.

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

3. Responsibility of the Parties

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

3.2. Compensation for damage does not terminate the obligations of the violating Party to properly fulfill its obligations under the Agreement.

4.Other provisions

4.1. All notices, requests, demands and other correspondence under this Agreement, including those including confidential information, must be in writing and delivered personally or via courier, or sent by email to the addresses specified in the license agreement for computer programs dated 12/01/2016, the agreement of accession to the license agreement for computer programs and in this Agreement or other addresses that may subsequently be specified in writing by the Party.

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

4.3. This Agreement and the relationship between the User and Insales arising in connection with the application of the Agreement are subject to the law of the Russian Federation.

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

Publication date: 12/01/2016

Full name in Russian:

Limited Liability Company "Insales Rus"

Abbreviated name in Russian:

LLC "Insales Rus"

Name in English:

InSales Rus Limited Liability Company (InSales Rus LLC)

Legal address:

125319, Moscow, st. Akademika Ilyushina, 4, building 1, office 11

Mailing address:

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

INN: 7714843760 Checkpoint: 771401001

Bank details:

Selling beer interests many entrepreneurs. There is always a steady demand for it; you don’t need to make large investments to start a business. There are also no particular problems with equipment and renting space. All these factors make considerable income a reality. But preliminary familiarization with this field of activity in numerous aspects is very important. After all, there are separate requirements for the sale of beer products. Before choosing this specialization for your business, you need to study the rules of beer trade, especially the new ones for 2017.

Is it possible to sell beer for individual entrepreneurs in 2017?

Entrepreneurs are allowed to trade beer, cider and similar drinks as before. But since 2016, legislators have made changes to the main legal document - No. 171-FZ of 1995, regulating the sale of alcoholic beverages. According to the draft, some of the new norms will come into force on January 1, 17, and the rest of the additions and amendments - from July 1, 17.

In addition to the question: is it possible to sell beer at 17, entrepreneurs are interested in:

• is a license required?
• What are the requirements for documents and equipment?

In 2017, selling beer for individual entrepreneurs is the only permitted type of alcohol sales. Only an enterprise with LLC (legal entity) status can sell strong drinks. A number of restrictions also appeared in the form of increased requirements.

Advice! Before opening an individual entrepreneur, you need to carefully study the basic legislation relating to the trade of low-alcohol products.

Requirements for beer trade

Beer trading in 2017 is carried out according to changed rules, and therefore the entrepreneur will need to calculate in advance whether this type of income is profitable for him. The sale of beer products must comply with the following amended regulations.

1. Requirements for the premises: stationary, but not temporary, like a stall or mobile retail outlet. Only public catering establishments, which can be outdoor cafes and bars, are allowed to include beer in the list of goods and services. The building must have a foundation, and the object itself must be listed in the real estate register. When selling only beer, the area of ​​the premises is not limited.
2. Location of the outlet. Proximity of institutions is not allowed:

• cultural;
• educational;
• medical;
• train stations;
• markets.

You cannot trade in public transport and other places with crowds of people, near military installations.

1. There are also requirements for reporting by EGAIS (Unified State Automated Information System) regarding individual entrepreneurship (IP). The state controls the production and sale of alcoholic products. An individual enterprise is required to connect to this system using a computer, for which it is necessary:

• buy a crypto key;
• buy an electronic signature (ESP);
• register online at egais.ru;
• install a program on your computer - the UTM utility (for goods accounting);
• check how everything works in terms of program compatibility.
• upon receipt of a consignment of goods, check invoices through the system, reject or accept the document, and also note inconsistencies;
• purchasing information is loaded into the cash register program.

Similar reporting also applies to rural areas, which are also subject to No. 182-FZ (Federal Law) dated June 29, 2015. Beer trade for individual entrepreneurs operating on the UTII tax system in settlements must be fully connected to EGAIS by July 1, 17. By the beginning of 2018, rural entrepreneurs in Crimea are required to connect. They need to buy equipment that transmits sales information to EGAIS. Failure to comply will result in a fine of 10 to 15 thousand rubles.

1. The goods must have accompanying documents (payment, invoices). This applies to the retail trade of beer and the purchase of foamy drinks in bulk for sale.
2. Beer is not sold to minors. This is considered illegal and is subject to administrative liability and fines:

• 30 - 50 thousand rubles for the seller;
• from 100 to 200 thousand per official (head of individual entrepreneur or department).

Criminal liability is also possible.
Note! If there are any doubts related to age, the seller is obliged to ask for documents.

1. There are time restrictions for the night period (from 10 pm to 10 am - prohibited from implementation).
2. At the request of buyers, it is necessary to issue SSO (specialized forms), although KKM (cash register, cash register) is not required for use.
3. For beer trade, an accounting book must be kept in the form from RosAlkoRegulation. It is required to record daily sales records in the journal: code, product name, production volume, number of sales.
4. From March 1, 17, it is mandatory to have a cash register (cash register) for every seller selling on behalf of an individual entrepreneur. You will need to use a cash register according to the new model (Online cash register).

Requirements for manufacturers

The rules for the sale of beer also apply to brewers, for whom there are also changes in the law on the sale of alcohol. Requirements apply to the container. Since the beginning of 2017, the production of alcoholic beverages in polymer packaging larger than 1.5 liters has been prohibited. In six months (in July), the same rule will be established for sales. If these changes are not observed, the goods (products) may be confiscated. A significant fine is also imposed.

Manufacturers' position: the decision of legislators will have Negative consequences not only in relation to the activities of brewers, but will also affect related industries and regional budgets. Many companies may go bankrupt, not to mention the fact that the EGAIS program also requires costs and new investments.

Do I need a beer license for individual entrepreneurs in 2017?

License to sell beernot mandatory for individual entrepreneurs or LLCs for 2017. This is noted in No. 171 - Federal Law (Federal Law) of November 22, 1995, Article 18. Its absence will not lead to fines or consequences from the Federal Tax Service or other regulatory organizations. Licensing is required only for strong drinks (with an ethyl alcohol content of 15% or more). A foamy drink sold on tap also does not require special permission, just like one sold in standard containers.

However, you should still monitor the dynamics of legislation on this issue, as well as pay attention to local legal regulations. The circulation of beer and its licensing have been repeatedly discussed in State Duma, but there are no changes in this area yet.

Which company is better for selling beer: individual entrepreneur or LLC?

Sales of products with low alcohol content can be carried out in the same way by both types of enterprises: individual entrepreneurs and legal entities. But if there are violations, fines for individual entrepreneurs are smaller. For example, for the sale of alcohol to minors, the head of an individual entrepreneur can pay up to 200 thousand rubles, and an LLC - from 300 to 500 thousand in favor of the state. If the rules for issuing payment documents (forms, checks) to buyers are not followed, the individual entrepreneur pays from 1/4 to 1/2 of the amount, but not less than 10 thousand rubles. And LLC - 3/4, not less than 30 thousand rubles.

Both LLCs and individual entrepreneurs are required to keep records, making daily entries on the sale of alcohol in a journal. Maintaining documentation is reflected in No. 164-FZ. But such a form of enterprise as a legal entity is in this sense more profitable. The legislation tightens the requirements for individual entrepreneurs when they sell low-alcohol drinks. For example, they were required to declare and record sales volumes, while for LLCs these procedures are simplified regarding taxation.

Finally

Individual enterprises are allowed to sell beer in any form, subject to the rules. This is a fairly profitable type of business, but when implementing this idea, you need to take into account all aspects, especially from the legal side. Legislation is constantly changing. Legal advice on issues and collection of necessary information will help avoid unexpected financial expenses.

Important! Every entrepreneur engaged in this business or planning such an activity should be interested in the regulations governing the sale of low-alcohol beer drinks.

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Innovations in the Law on the Sale of Beer affected such aspects of trade as:

• location of the point of sale,
• ž technical specifications related to the beer sales premises;
• packaging of alcoholic products;
• regulations according to EGAIS and online cash registers.

Can an individual entrepreneur sell beer in 2017?

An individual entrepreneur can sell beer and beer drinks.

But it is worth noting that individual entrepreneurs are allowed to sell beer only to retail – to the end consumer.

In addition, an individual entrepreneur cannot sell wine and other strong alcohol.

Is a license required to trade beer and beer-based drinks in 2017?

Have the innovations in the draft law on alcohol in Russia affected the topic of beer licensing?

No. A license is not required to sell beer and beer drinks.

Where you can't sell beer

We list the places where the sale of beer is prohibited:

1. Places in close proximity to any buildings with educational, medical, cultural and sports institutions located in them and inside them,
2. Passenger transport stops and public transport itself,
3. Gas stations,
4. Crowded objects - market complexes, air terminals, railway stations, river ports, seaports.
5. Mobile points of sale. In Russia, they are recognized as stalls, kiosks, temporary structures, including points of sale of hot dogs, shawarma, pancakes, pastries, Belgian waffles, and so on, as well as mobile shops related to the type of outgoing trade.

Enterprises - exceptions that have a special right to sell beer - catering organizations.

Among other things, the law provides for a rule according to which beer can be sold to the population in the territories of certain socio-cultural objects, but only if they have halls for visitors, in which beer will be sold.

Social and cultural facilities where the sale of beer is permitted:

• theaters and concert halls,
• squares and parks,
• sports complexes and nearby areas. An exception here is defined for the boundaries of time periods when sporting events for children and teenagers are held in the sports complex,
• wholesale and retail complexes,
• airport, railway and other stations and the adjacent territory.

Requirements for premises for selling beer

The sale of alcohol above 5% alcohol is legally permissible only inside stationary retail facilities - these are buildings with a foundation to which utility networks are connected.

Requirements for the building of a store selling beer:

• presence of foundation
• availability of a record of the structure in the Unified state register real estate

In cases where, in addition to beer, the sales facility sells strong alcoholic beverages, the law requires that the store have a certain area:

• in the city over 50 m 2,
• in rural areas above 25 m 2.

Beer trade at night

Beer sales are allowed from 8:00 to 23:00.

Catering establishments have the right to sell beer at night.

Beer advertising. How not to break the law

In Russia, an important legislative document on advertising of alcohol, including beer, is Federal Law 38 “On Advertising” dated March 13, 2006, the latest version of which was approved on March 28, 2017. The rules of the law on alcohol are directly reflected in Art. 21.

Beer advertising can be placed in periodically published publications, but the law prohibits beer advertising on the front and back pages of these advertising media. In addition, it is prohibited to publish marketing information containing the presentation of beer on the front side of the magazine - its cover.

The law does not prohibit advertising of beer products during broadcasts of sporting events - both live and recorded. However, the State Duma prescribed exceptions to this provision, which states that beer advertising is prohibited when showing sporting events for children and teenagers and during broadcasts, when stories on physical education and sports are shown on television and radio channels.

Ban on the sale of beer in plastic containers in 2017

A ban has been introduced on the sale of alcohol in PET containers with a volume of more than 1.5 liters (clause 6.1 of Article 11 of the Law).

Until mid-2017, this rule applied only to manufacturers and wholesalers, but now it also affects stores that sell beer to the public.

Failure to comply with the law provides for administrative liability, regulated by Part 4 of Article 14.17 of the Code of Administrative Offenses. This provision has been adjusted in the latest version of the law.

Fines for selling beer in PET with a volume of more than 1.5 liters:

a fine is imposed on the director of the organization and is issued in the amount of 100 to 200 thousand rubles;

a fine is imposed on the organization itself and is issued in the amount of 300 to 500 thousand rubles.

Seizure of products by the state - confiscation - is also one of the possible measures that can be applied to the violator.

Since the fines are quite large, violation of key innovations in the law on the sale of strong and low-alcohol drinks can be a significant blow for small businesses.

Is EGAIS needed to sell beer?

One of the unique tasks of the Unified State Automated Information System EGAIS is to track the volume of production and movement of alcoholic beverages within the state.

Organizations that produce alcohol have an obligation to organize a record of its volumes and transmit information data to the Unified State Automated Information System.

Organizations and individual entrepreneurs– wholesale buyers of beer for sale to the public as well must organize connection to the EGAIS system, thereby confirming the fact that the batch of alcohol was purchased wholesale from official manufacturers and suppliers.

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 to 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 alcoholic alcoholic drink 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 in Federal Law RF 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 kind public transport, as well as their stops;
• Cultural and sports facilities;
• Airports, train stations, markets and other 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 restrictions on area 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 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 sell wholesale, and from July 1, 2017, to retail sell beer that is bottled in plastic containers larger than 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 to connect 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 sale of 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.