Liquor license assistance. Obtaining a license for the retail sale of alcoholic beverages

An alcohol sales license gives the right to restaurants and bars, cafes and shops to sell alcoholic beverages. If you are starting a business that involves selling alcoholic beverages, we advise you to arrange for a permit in advance. The process of obtaining a license is not quick, so if you do not have time to collect all the paperwork before the opening of your store or catering establishment, you will not be able to sell alcohol legally. Let's figure out what documents you need to prepare to obtain a liquor license and how the registration procedure takes place.

General licensing provisions

When planning to obtain an alcohol license, familiarize yourself with the regulatory documents governing this process. This is Federal Law No. 171 “On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products” dated November 22, 1995 and the corresponding local legislation. Licensing of alcohol retail trade is the responsibility of the constituent entities of the federation, which have their own licensing bodies and independently determine the requirements for applicants and the list of required documents.

Retail sale of weak alcohol or drinks with an alcohol content above 15%, for takeaway or for consumption on site - these are all different types of activity, each of which requires a separate license. For example, a store that sells both strong and low-alcohol products must obtain a license to sell alcohol for consumption outside the retail premises.

Only a legal entity (not an individual entrepreneur) can obtain a retail license; you must keep this in mind when registering your enterprise. The license is issued for a period of up to 5 years with the possibility of extension and payment of a state fee for each year of validity of the document in the amount of 40 thousand rubles.

Conditions for obtaining a liquor license

To obtain a license, an organization must meet the following requirements:

• authorized capital of the store from 500 thousand rubles;
• authorized capital of catering enterprises from 10 thousand rubles;
• stationary premises purchased as property or long-term lease registered by the Ministry of Justice;
• room area from 50 sq.m., ensuring sanitary and fire safety;
• organization of technical security equipment in the sales area and warehouses, installation of safes;
• presence of a cash register registered by tax authorities;
• location of the store outside educational, medical, cultural and sports institutions and adjacent areas;
• location of retail outlets selling strong alcoholic beverages for takeaway outside of public transport, military facilities, and places of large crowds of people;
• for catering establishments selling alcohol for on-site consumption, the distance to the above facilities is at least 25 meters.

Maximum distances from alcohol stores or cafes to various social institutions and places of population in each municipality or district are determined independently at the discretion of local authorities, so these requirements must be clarified at the location of your enterprise.

Procedure for obtaining an alcohol license

Applicants for a license must collect a set of documents approved by local authorities.

An approximate list of documents is as follows:

Documents such as a certificate of absence of tax debt and permits from sanitary authorities and State Fire Supervision, confirmation of the safety of the premises, which were previously mandatory for obtaining a retail alcohol license, are not currently required to be provided. Licensing authority employees can independently request the necessary information. Compliance with all requirements is carried out during an on-site inspection of the premises. However, if possible, it is advisable to have such papers when submitting an application. For example, if the request reveals a debt to the budget, the license is refused, and the paid fee is not returned.

By the time of the inspection, it is necessary to prepare copies of certificates for alcoholic products, draw up a consumer corner (a book of complaints, a law on the protection of consumer rights, excerpts from acts regulating the circulation of alcoholic beverages).

Examination of the provided documents and on-site inspection of the organization is carried out within 30 days from the date of submission of the application. If violations are detected, the review of documents is extended to eliminate shortcomings for a period of no more than 1 month. If deficiencies are not corrected in a timely manner, the enterprise may be denied a license. The licensing authority notifies the organization three days in advance of the refusal or issue of a license.

You can apply for renewal 90 days before your current license expires.

Timely receipt of a license to sell alcohol allows the enterprise to operate legally, but operating without a license or in violation of its terms entails liability under administrative, criminal and civil law.

Who needs it have a license

All restaurants, bars, clubs, eateries, retail supermarkets, hotels, hotels, etc. must have a permit document.

Conditions requirements for the licensee

For licensed trade in alcoholic beverages, a legal entity must have premises with an area exceeding 50 square meters. meters. At the same time, the authorized capital for a supermarket must be at least 50 thousand rubles, for a cafe or bar - 10 thousand.

The amount of authorized capital for small establishments (cafes or bars) varies depending on the region in which they are located.

For how long best to arrange

At the same time, the size of the state duty is constantly growing, so it is not economically feasible to renew the license every year.

The cost of a license for 12 months is 65 thousand rubles, for 5 years – 320 thousand.

Premises requirements

The licensing authority allows the sale of alcohol only to those stationary facilities whose rental period exceeds 1 year.

These facilities should be located at a distance of more than 50-200 meters from educational institutions, as well as clinics and other medical institutions, and sports facilities.

Joining EGAIS

Since the beginning of last year, all retail supermarkets must confirm in the Unified State Automated Information System both the purchase of alcohol-based drinks and the fact of their sale.

Without connecting to the Unified State Automated Information System or if the above requirements are not met, a legal entity is prohibited from selling alcoholic beverages.

Registration period licenses

An alcohol license is usually issued 2 months from the date of application. The period required to renew a current license is 14 working days.

The price of a license consists of a state fee, payment for services for the creation and transfer of relevant documentation to the licensing authorities.

Who can receive liquor license?

A license is issued to a legal entity on the basis of Federal Law 171. The following have the right to receive a permit:

• LLC (limited liability company),
• CJSC (closed joint stock company),
• OJSC (open joint stock company).

Thus, an individual entrepreneur does not have the rights to engage in this activity, so he cannot obtain a license. If your business has been around for a long time, it is recommended

Do you want to sell products that bring super profits? Alcohol is always a popular product. To implement it, you will have to fulfill a number of legislator requirements: have equipped retail space, form an authorized capital. Obtain a special permit to carry out this type of activity - a license for the retail sale of alcohol. The document will allow you to become a full-fledged market participant, offering consumers a sought-after product. But the lack of a license for alcohol is a gross violation of the law, which entails administrative liability. You cannot sell or bottle alcohol without permission. Are you not ready to pay fines, be subject to constant inspections by audit authorities, or run your business in the “shadow”? The company "YurExpert" will help you obtain a license for alcohol.

License to sell alcohol - conditions of government agencies It is worth understanding that the legislator allows retail sales of alcohol-containing products (from 6% ethyl alcohol) only to legal entities. Individual entrepreneurs are deprived of this right. They are allowed to sell only beer and its derivatives without an alcohol license. Who needs a permit:

• The shops.
• Bars.
• Cafe.
• Restaurants.
• Bistro (catering establishments where alcohol is sold).
• Recreation centers.
• Pubs.
• Holiday clubs.
• Snack bars.

A retail alcohol license can be issued if the applicant confirms that the size of the organization’s authorized capital corresponds to 1,000,000 rubles. (for stores) and from 10,000 rubles. for restaurants, cafes, bars, etc.

Please note that the amount of authorized capital for shops varies depending on the region where you plan to obtain a liquor license.

There are special requirements for premises where retail sales of alcohol-containing products are carried out:

At the same time, all objects where retail sales of alcohol are carried out must be located 50-200 m away (the figure varies for each region) from the following objects:

• Children's and educational institutions, medical facilities, sports sections, clubs.
• It is prohibited to sell alcohol near cultural institutions.
• It is prohibited to build or rent premises near train stations, markets, public transport stops, places where large gatherings of people occur, etc.
• Near military installations.

Important! If, during the verification of documents and conditions for obtaining a retail license, it is revealed that the premises are located close to the above-mentioned objects, you will not be issued a trade permit.

When selling alcohol, it is necessary to install cash registers.

Retail alcohol license - why can they refuse to obtain it?

An alcohol license is a document that must confirm that the organization has all the conditions for the sale of alcohol-containing products. At the same time, collecting certificates and papers confirming these facts is quite problematic. Many people do not know how to bring retail space into compliance and register a legal entity. We offer to take care of all organizational issues, and you will receive a ready-made license for the retail sale of alcohol-containing products.

Please note that if the licensing authority refuses to issue you a license, you should not expect that the entire package of documents will be returned to you. The result is that you will have to fill out all the paperwork again, and if you take into account that the deadlines for the certificates must be current, you will have to contact government authorities again.

A retail sales license may be refused:

How much do I have to pay to get a retail license?

In addition to the costs of purchasing/renting retail space, forming authorized capital and preparing a package of documents, you will have to pay a state fee. This is a significant expense item, so we recommend choosing an economical option when applying for a retail alcohol license:

• 65,000 rub. - the license is valid for 1 year. It is not profitable to formalize it, because changes are constantly being made to the legislation, and no one can guarantee that in a year the state duty for issuing licenses for the sale of alcohol will not “increase.”
• RUB 325,000 - retail license is valid for 5 years. A profitable option - you don’t have to renew the document, worrying that the state duty will change.

Please note that if there is a need to make changes to the information about the enterprise (name, location, etc.), the alcohol license will have to be reissued. Cost - 3,500 rubles. In case of reorganization of an enterprise/legal entity, it is also necessary to obtain an updated license (retail sale of alcohol-containing goods). It will cost 65,000 rubles.

There is no license - how to carry out retail sales of alcohol-containing products?

The legislator has established that it is prohibited to sell goods containing alcohol, as well as store or produce them without the appropriate permit. In case of detection of violations of current standards, liability arises in the form of fines for the retail sale of goods:

• Legal entities/organizations - up to RUB 300,000.
• Entrepreneurs - up to 15,000 rubles.

It is worth remembering that penalties for lack of permission are not limited to a fine. If a violation is detected, all products in the organization may be confiscated.

Important! If you are ready to present a license, but your facility does not meet the requirements of the licensing authority, the activity is prohibited for up to 3 months. This applies to objects: cafes, shops, bars, restaurants, pubs, etc.

The discovery of counterfeit excise stamps on goods being sold is also subject to punishment. In such a situation, the organization faces a fine of 300,000 rubles. and confiscation of counterfeit goods. At the same time, the fact that you did not make the illegal goods, that is, you did not know that it was counterfeit, will not be an excuse - punishment cannot be avoided.

We are ready to offer an option where you do not risk anything, and your business flourishes and is not constantly subject to inspections by audit authorities. We will issue a permit for the retail sale of alcohol-containing products in full compliance with the law.

To sell alcohol at retail, you must obtain an appropriate license. In general, licenses for industrial production and wholesale circulation of alcohol are issued by Rosalkogolregulirovanie. In turn, a license for the retail sale of alcohol is issued by the authorized body of the subject. In the city of Moscow it is the Department of Trade and Services.

Administrative regulations for issuing an alcohol license

For entrepreneurs wondering where to get a license for alcohol in Moscow, first of all turn to the Administrative Regulations for the provision of the state service “Licensing of the retail sale of alcohol”, approved by Resolution of the Moscow Government of February 21, 2012 No. 59-PP. This document unifies the procedure for obtaining a retail alcohol license in Moscow.

The procedure for issuing a license to sell alcohol in Moscow

According to clause 2.3.1 of the Administrative Regulations, retail issuance is carried out by the Moscow Department of Trade and Services. At the same time, only legal entities can act as applicants for the state service for issuing an alcohol license. You can apply for an alcohol license either in person or electronically through the Moscow government services portal. All documents for an alcohol license can be completed electronically only by users registered on the portal who have an individual code and digital signature.

Documents for a liquor license

To obtain an alcohol license in Moscow, you must write an application, a sample of which is attached to the Administrative Regulations, and prepare the following package of documents.

Firstly, an identification document of the manager or his official representative. This document is submitted to the licensing authority both when submitting an application for consideration of the issue of issuing an alcohol license, and when receiving it.

The next item is the constituent documents. You can submit their originals or notarized copies to the licensing authority.

The third on the list is a document confirming payment of the authorized capital. It should be noted that according to paragraph 4.1 of the Moscow Government Decree No. 1069-PP dated December 28, 2005 “On measures to implement legal acts of the Russian Federation in the field of state regulation of the circulation of alcoholic products,” when obtaining an alcohol license, the authorized capital of the organization is 1 million rubles.

Finally, the application for an alcohol license must be accompanied by a document indicating that the organization owns a stationary retail facility and a warehouse. This property can also be leased, but then the lease agreement must be drawn up for a period of one year or more. At the same time, in accordance with paragraph 6 of Article 16 of the Federal Law of November 22, 1995 No. 171-FZ “On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products”, when selling alcohol in cities, the total area of ​​the retail facility and warehouse must be at least 50 square meters. In addition, a liquor store must be equipped with cash register equipment.

State duty on alcohol

When considering an application for an alcohol license, an official of the Department of Trade and Services will not only study them, but will also request information confirming the facts of entering information about the applicant for an alcohol license in the Unified State Register of Legal Entities and his registration with the tax authority. In addition, officials will check the fact of payment, as well as the absence of debt to the budget - taxes, fees, penalties and fines.

Thus, before applying for a license to sell alcohol, you must make sure that there is no debt to the budget, as well as pay the state duty on alcohol. The amount of the state duty on alcohol depends on the desired validity period of the alcohol license. Let us remind you that in accordance with paragraph 17 of Article 19 of Law No. 171-FZ, an alcohol license is issued for the period specified by the applicant in the application. However, the maximum validity period of an alcohol license cannot exceed five years. The amount of the state duty for issuing an alcohol license is established by subparagraph 94 of paragraph 1 of Article 333.33 of the Tax Code of the Russian Federation. For an annual license to sell alcohol you will have to pay 65 thousand rubles. Thus, a five-year license for the retail sale of alcohol will cost 325 thousand rubles.

Duration and result of reviewing documents for an alcohol license

The total period for reviewing documents for an alcohol license in Moscow is 32 calendar days. During this period of time, officials of the Department of Trade and Services will verify the accuracy of all documents and conduct an actual inspection of the stationary retail facility and warehouse premises. If there are objective reasons, for example, an examination of documents for an alcohol license, the period for consideration of the application may be extended by another 30 calendar days. Based on the results of the licensing inspection, the head of the organization or his legal representative will be issued a license to sell alcohol, or a decision to refuse to issue an alcohol license.

Obtaining an alcohol license for an LLC is a mandatory condition, without which the sale of alcohol in Russia, as in many other countries, is impossible. To sell alcoholic goods, permission from the relevant authorities and mandatory payment of state duty are required. The question is how to get a license, where to apply, and what papers are required. Let's consider these points in more detail.

General provisions

There are several types of alcohol licenses, each of which gives the right to perform certain actions - the production of alcohol, its sale, purchase, transportation and delivery. Since the end of March 2017, a law has appeared requiring permission to sell alcohol in public catering establishments.

Selling alcoholic beverages without the appropriate license will result in the entrepreneur receiving a fine. Thus, legal entities will have to pay an amount from 200 to 300 thousand rubles. In this case, regulatory authorities have the right to confiscate finished goods, raw materials, used equipment and vehicles.

For comparison, individual entrepreneurs will have to pay an amount much lower - 4-5 thousand rubles. As in the case of legal entities, equipment used in the production and circulation of alcohol is confiscated.

The most difficult case is when the total damage from the sale of alcohol without permission is more than 1.5 million rubles. In this situation, the violator may be prosecuted under Article 171 of the Criminal Code of the Russian Federation.

What are the requirements for an LLC to obtain a permit?

According to the laws of the Russian Federation, drinks that contain 0.5 percent or more ethyl alcohol can be classified as alcoholic. If we are talking about the production of beer or beer drinks, there is no need to obtain a production permit. The same applies to products used in the pharmaceutical industry, as well as grape must produced by agricultural producers.

Before obtaining a license, it is important to study the requirements for an LLC (specified in Federal Law No. 171):

• The applicant must be a legal entity. Since 2015, individual entrepreneurs who sell champagne and personally made grape wine can also obtain a license.
• Availability of cash registers, provided that retail sales are carried out using cash.
• Trade premises and warehouses must have an area of ​​50 square meters (for the city) and 25 square meters. meters (for villages). When choosing a building for selling alcohol, you must take into account that it should be located no closer than 100 meters to schools, hospitals, sports and cultural facilities.

How much will you have to spend on a license?

An equally important issue when obtaining a license is the financial component, because you will have to pay for obtaining a permit to sell alcohol. Here everything depends on the activity, as well as the type of trade that the LLC conducts (wholesale or retail). The cost of the license is specified in the Tax Code of the Russian Federation 333.33. The main prices are given below:

• Production, storage and supply of alcoholic products (with the exception of wine) - 9.5 million rubles.
• Production, storage and supply of wine and champagne - 0.8 million rubles.
• Purchase, storage and supply of alcohol (wholesale) - 0.8 million rubles.
• Production, storage and supply of champagne and grape wine, provided that the drinks were produced in the conditions of a peasant farm - 65 thousand rubles.
• Retail sales of alcohol - 65 thousand rubles per year.

What papers should I collect to obtain a license?

When obtaining a license, it is important to study the list of required papers for various types of alcohol licenses. The minimum package includes the following documents:

1. Application for obtaining a license.
2. Copies of the state registration certificate of the LLC, as well as the assignment of the TIN. The documents must be certified by the Federal Tax Service, which submitted the originals.
3. Founding papers of LLC. If copies are provided, it must be certified by a notary, otherwise the original must be presented.
4. The conclusion received from Rosprirodnadzor, as well as the Ministry of Emergency Situations, that the premises used meets fire and environmental safety requirements.
5. A copy of the document confirming payment of the state fee for obtaining a permit.
6. Papers confirming the availability of a warehouse or production facility. It may be owned by an LLC or leased. The document must indicate a period of one year or more. If the agreement is framed as indefinite, you will not receive a license.
7. Papers that confirm the presence of authorized capital in an LLC of the required size.

Rosalkogolregulirovanie deals with issues of issuing permits for the sale of alcoholic beverages. After collecting documents, you can transfer them to any government agency that resolves issues of granting such licenses. To clarify the name and address of the institution where you can submit documents, you should contact the local administration (economic department) or call the interregional office for your district.

Documents are transferred in one of the following ways: in person, by post or via the Internet. 15 days are given to conduct the examination. If there are no comments from the regulatory authorities, a visit to the applicant directly to the place of future activity is organized. At the same time, the fact of compliance with the stated conditions is verified.

Information about departure is transmitted to the applicant no less than 24 hours in advance. After this, an act is drawn up, on the basis of which a decision is made to grant permission to sell alcohol or to refuse to provide such a document. No more than a month is given to make a decision. The exception is cases when document verification requires more time. In such a situation, the verification period may last longer - up to 2 months.

How to renew my license?

After obtaining permission from the LLC, it is necessary to control an equally important process - the renewal of the license, which must be carried out five years after the paperwork is completed. Taking into account the fact that the state duty is very high, when conducting retail trade it is allowed to obtain a license for a period of only one year, but in this case the renewal will have to be issued annually.

Regardless of the validity period of the permit, you must apply for an extension no earlier than three months and no later than a month before its expiration. The renewal process is no different from obtaining a license at the very beginning. The only difference is the package of documents, which will now be smaller. In particular, you will only need an application for license renewal, as well as papers confirming payment for a future period.

In addition, the LLC will have to go to the Federal Tax Service, where the company is registered. After this, a request is made for fines, fees and taxes. If the company has a debt to budgetary organizations, it will not be possible to renew the license. After checking the papers, an on-site inspection is carried out again, and within a month a decision is made to renew the license.

Results

Finally, it is worth noting that the licensing process may not be successful. In this case, the state does not return the state duty (fortunately, this is a minimum amount). That is why it is important to take a responsible approach to obtaining a permit and submit a complete package of necessary documents. If you have any doubts, you can always use the services of special companies that can help resolve the issue without “surprises.”