Sale of alcoholic beverages - basic rules and regulations. Beer law in the Russian Federation: fines, latest amendments

MOSCOW, May 21 - RIA Novosti. The Russian government has prepared amendments to legislation providing for a ban on the production and sale of alcohol in plastic bottles larger than 1.5 liters. The text of the amendments is published on the government website.

The production of alcoholic beverages in polymer containers larger than 1.5 liters will be prohibited from January 1, 2017, and the retail sale of alcohol in such containers from July 1, 2017.

The amendments also provide for administrative penalties for violating the ban. For the production and sale of such products, officials are proposed to be fined in the amount of 100 to 200 thousand “with or without confiscation of the items of the administrative offense.” For legal entities, fines range from 300 to 500 thousand rubles, also with the possibility of confiscation.

On June 10, 2014, the State Duma adopted in the first reading a bill on the phasing out of retail sales of alcoholic beverages in plastic packaging, primarily beer. In the original version of the bill, the sale of alcohol in plastic with an ethyl alcohol content of more than 6% in containers with a volume of more than 1.5 liters was to be prohibited from January 1, 2015, with an alcohol content of more than 4% and a capacity of more than 0.5 liters - from the beginning of 2016 . Since then, the bill has not been considered again.

Brewers from Belgium, Denmark and the Netherlands opposed the ban on the production and sale of beer in plastic containers. According to the vice speaker of the lower house of the Russian parliament (EP), the ambassadors of these countries appealed in support of the four companies - they argued that a ban on the sale of beer in plastic packaging would lead to a sharp reduction in investment in the Russian economy.

In turn, the head of the State Duma Committee on Economic Policy, Anatoly Aksakov (SR), said that the bill banning the sale of beer in PET packaging is unlikely to be considered in the second reading during the spring session of the Duma, which ends in August. At the same time, the deputy admits that the issue can be resolved “quickly and radically” after the elections, which will take place in September 2016.

The Law on the Sale of Alcohol, also known as Federal Law No. 171-FZ of November 22, 1995, was adopted in Russia not by chance. Unfortunately, our country is at the top of the world rankings for alcohol consumption. It's no secret that alcoholism is one of the most important problems in our society, and various government officials also regularly focus on this.

One of the most effective levers for reducing the amount of alcohol consumed on average in the country is to limit its sale at the legislative level. Due to the fact that measures of this kind have already been taken, the question of when it is prohibited to sell alcohol is of interest to both those who sell it and those who plan to consume it. Of course, there is a special law on the sale of alcohol, but not everyone bothers to open it and understand everything. Below is all the information in a more accessible and understandable form.

The concept of "alcohol"

In order to competently use and follow the law on the sale of alcohol, it is necessary to clearly understand what exactly falls under the concept of “alcoholic drink”. The law we are interested in is Federal Law No. 171-FZ of November 22, 1995. In fact, all drinks that contain 0.5% ethyl alcohol or its fermentation products are officially alcoholic - Art. 2 FZ-171. However, there is a small supply. This concept does not include all products in which the percentage of alcohol does not exceed 1.2%. For example, alcohol may be contained in such small quantities in fermented milk products (kefir, tan, kumiss), as well as in kvass. It is worth noting that some types of kvass contain even more alcohol than 1.2%, but they are still not classified as alcoholic beverages.

By product type

In addition, all products that are officially positioned as non-alcoholic and have passed the appropriate test are not subject to the law on the sale of alcohol. The most common options for this are non-alcoholic beer and non-alcoholic wine. They usually still contain ethanol, but its share rarely exceeds half a percent, and therefore such drinks are not subject to the said Federal Law.

The main list of alcoholic beverages is specified in the above-mentioned federal law and other regulations. To put it simply, any liquid that contains alcohol is officially subject to the law on the sale of alcohol. In particular:

• wine;
• liquor;
• port wine;
• whiskey;
• cognac;
• vodka;
• brandy;
• absinthe;
• tequila;
• Calvados;
• any tinctures with alcohol;
• beer.

Beer

The beer is worth a special mention. For some reason, many people believe that beer is not subject to the law on the sale of alcohol due to its low alcohol content. The same thing is often thought about various low-alcohol products, alcohol-based energy drinks, and so on. As a rule, the alcohol content in such drinks is at the level of 3-4% or even higher, so there is no reason to make an exception for them. From a legal point of view of the law in question, the sale of 3.5 percent beer is equivalent to the sale of 70 percent chacha. But you need to understand that for the sale of beer there are exceptions specified in other regulations. Therefore, if you decide to engage in retail beer trade, study the legislation more carefully, in particular Federal Law-289.

Normative base

The Law on the Sale of Alcohol, which, by the way, was amended in 2019 (came into force on August 6, 2017), is the main regulatory act that regulates the sale of any alcoholic beverages.

One of the most important points of this law is limiting the age of persons to whom alcohol can be sold. In any instance, it is 18 years old. An exception is made only for those cases when a person has officially entered into marriage, or has opened his own private enterprise. In such cases, he is officially considered an adult and capable of taking responsibility for his actions. However, even if, for example, a marriage certificate is presented, store sellers very often refuse to sell alcohol to a client.

Requirements for premises and documents

Another very interesting point of the law is the limitation of the area of ​​​​premises in which alcohol can be sold. The law prohibiting the sale of alcohol prohibits the sale of alcoholic beverages in an establishment whose area is less than 50 square meters. Outside the city limits, this limit is reduced to 25 square meters. This information is regulated by various articles of the law, but in fact, for understanding, it is worth immediately studying 278-FZ - it is in it that the main amendments regarding changes in some premises are spelled out.

It is worth noting that there have always been plenty of people willing to circumvent the law on the sale of alcohol in Russia. A common scheme is to try to buy alcohol online. At the same time, the courier brings the client not only the drink itself, but also a rental agreement, which is a cover. According to this document, alcohol is allegedly rented to a person as a decorative element. At the same time, according to the contract, the recipient does not have the right to damage or open it. However, this scheme is now being easily figured out by law enforcement officials. The lease agreement is recognized as having been drawn up to conceal the real purchase and sale agreement, after which the selling company is held accountable. In some cases, even the buyer may be attracted if he directly participated in the implementation of the scheme, fully aware of the fact that it is illegal.

Lawyer at the Legal Defense Board. He specializes in administrative and civil cases, compensation for damages from insurance companies, consumer protection, as well as cases related to the illegal demolition of shells and garages.

In Russia, the rules for the retail sale of alcohol and alcohol-containing products are established by federal legislation. Moscow, the Moscow region and other regions have the right to adjust these norms in the direction of tightening, for example, to reduce the time for the sale of alcohol.

We will tell you in more detail from what time and until what time alcohol is sold in Moscow and the Moscow region and what threatens violators of the rules for the sale of wine, vodka and other “strong” and low-alcohol drinks.

Federal control of alcohol turnover

The main document around which the entire regulatory system for regulating the production and sale of alcohol is built is the Federal Law of November 22, 1995 No. 171-FZ “On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting consumption (drinking) ) alcoholic products (as amended by Federal Law No. 18-FZ of January 7, 1999) (as amended on December 27, 2018) (as amended on January 1, 2019)"

The law classifies alcoholic and alcohol-containing products as products whose concentration of ethyl alcohol is higher than 0.5% of the finished volume. Definition of concepts:

• alcoholic: strong drinks (vodka, cognac, whiskey), wine, champagne, liqueurs, beer, cider, mead, etc.;
• alcohol-containing: food (wine materials, wort) and non-food with a share of ethyl alcohol above 0.5% of the finished volume.

Retail sales of strong alcohol at points providing public catering services are carried out only by organizations. These are legal entities registered in Moscow and the region. Retail sales of beer, wine, champagne, cider in stores and at points providing catering services are allowed to organizations and individual entrepreneurs.

To freely sell alcohol, the seller is required to obtain a license to conduct this type of activity. The buyer has the right to request the seller to provide a document with a barcode containing information about registration in EGAIS.

It is illegal to sell alcohol to minors (Clause 2 of Article 16 of the Federal Law). The selling party has the right to require the young buyer to provide any document that determines age: passport, driver’s license, residence permit, diplomatic passport, temporary identity card, etc.

The law prohibits the sale of alcohol in buildings if:

• educational work (schools, municipal and private, vocational schools, etc.);
• medical work;
• cultural or sporting events;
• in areas adjacent to the listed buildings. The boundaries of the adjacent zone are marked on site by regional authorities.

Sale of alcohol is prohibited:

• in transport, at stops, in areas of air and rail passenger traffic, at gas stations and adjacent areas;
• in places with large numbers of people during public events.

A pressing question for sellers and buyers in our time: from what hours is alcohol sold in 2018, is stated in clause 9 of Article 16 of the Federal Law. Retail sales are limited from 11 p.m. to 8 a.m. the next day local time.

The Federal Law prohibition does not affect:

• places providing catering services. Alcoholic beverages must be sold in unpacked containers or on tap;
• on board ships and aircraft using EAEU rights;
• at duty-free retail outlets.

The prevailing opinion that night sales of alcohol are allowed in large shopping centers such as Auchan, Perekrestok, Bristol, Magnit, Lenta, etc., is contrary to reality. All organizations involved in the circulation of alcoholic and alcohol-containing products are required to obey and comply with the law.

The Federal Law gives the right to regional legislative authorities to introduce increasing bans on the sale of alcoholic products. To find out how much alcohol is sold in Moscow and the Moscow region and how much alcohol is sold in Moscow (2019), you need to refer to local regional legislation.

Limitation of alcohol sales in Moscow

The supporting document regulating the rules and timing of the sale of alcohol in Moscow in 2018 is the Moscow Government Decree No. 1069-PP dated December 28, 2005 on measures to comply with and control the legal acts of the Russian Federation in the field of alcohol circulation. The resolution obliges the adoption and implementation of Law No. 171-FZ of November 22, 1995 on the territory of Moscow and on its basis the sale of alcohol in Moscow is regulated. Sales ban time in the capital: from 23 pm to 8 am the next day.

The resolution not only regulates how much alcohol is sold in Moscow, but also limits the distance at which retail sale of alcoholic beverages is prohibited:

• to kindergartens, schools, vocational schools - 100 m. Distance for points providing catering services - 25 m;
• to sports facilities, medical institutions, entry/exit points to the underground metro, railway stations, airport and train station buildings - 25 m.

Update information: On the eve of the May holidays, Moscow authorities decided to limit the sale of alcohol in Moscow from April 29 to May 2, as well as on May 9 in crowded places - at festive events, in parks, squares and pedestrian streets.

Limitation of alcohol sales in the Moscow region

The working regulatory document regulating the retail sale of alcohol in the Moscow region is MO Law No. 40/2012-OZ dated April 27, 2012, as amended as of December 21, 2017.

In the previous version of the law, Article 6 introduced an additional veto on the sale of alcohol from 21:00 to 11:00 the next day local time.

In December 2017, Article 6 was abolished and the time for the sale of alcohol in the Moscow region was fixed at the federal level. The sale of alcohol in the Moscow Region is limited to night and morning hours, just like the sale of alcohol in Moscow. The time in 2018 prohibiting the retail sale of “hot” and low-alcohol drinks in the region has been set from 23:00 to 8:00 the next morning.

Responsibility for violations

Ignoring the norms for the sale of alcoholic and alcohol-containing products (if it does not entail a criminal act) falls under administrative responsibility Article 14.16 of the Code of Administrative Offenses of the Russian Federation No. 195-FZ of December 30, 2001. These norms

For the distribution of alcohol at points of sale at night (applies to all regions, including Moscow and the Moscow region), the fine is:

• officials - 20,000 - 40,000 rubles. plus complete withdrawal of alcoholic beverages;
• legal entities - 100,000 - 300,000 rubles. plus complete withdrawal of alcoholic beverages.

Selling alcohol to minors imposes a fine:

• officials - 100,000 - 200,000 rubles;
• legal entities - 300,000 - 500,000 rubles.

Alcohol sales without permitting documents:

• officials - 10,000 - 15,000 rubles. plus complete withdrawal of alcoholic beverages;
• legal entities - 200,000 - 300,000 rubles. plus complete withdrawal of alcoholic beverages.

Is it worth reducing sales time?

Almost every year the issue of tightening requirements for the sale of alcohol in Moscow is raised. They want to reduce the time in hopes of reducing the consumption of alcoholic beverages by the population. The Russian Ministry of Health has repeatedly made more radical proposals, in particular, to completely ban the sale of alcohol on weekends.

However, an experiment that took place in the Moscow region, where the time for selling alcohol was reduced, showed that the tightening of requirements on the volume of consumption of vodka and beer does not have a significant effect, but rather feeds the market for the illegal sale of alcohol.

What do you think, from what time should alcohol be sold in the Moscow region and Moscow and until how long? Write your opinion in the comments.

Every individual entrepreneur understands that beer trading in 2017 and 2018 is a fairly income-generating activity.

Alcohol, in general, is a constant demand throughout the year, although during the holidays it can even be called a goldmine. Among beer drinks, draft beer is in great demand, and at any time of the year.

Peculiarities of trade in beer drinks in 2017 and 2018

All of the above proves that the beer trade is “the goose that lays the golden eggs”; it can bring considerable profit to anyone, even a beginning individual entrepreneur, and in a short period of time.

Money doesn’t fall from the sky, so to get a big income, you need a lot of effort and time to increase profits. The legislation of the Russian Federation makes it possible to create certain conditions for individual entrepreneurs selling alcohol in 2017.

If you have the necessary knowledge and carry out all the actions in a certain sequence, then you can open your own business, but to sell products containing alcohol in 2017, a license is required.

To obtain all the information necessary for a legal entity to carry out business in the field of trade in alcohol-containing goods, you just need to go to the Unified State Automated Information System (USAIS). This system has a section containing a register of all data on products containing alcohol. This register contains all types of alcohol. The system can answer some questions:

1. Status of legal entities involved in the sale or brewing of beer in 2017;
2. GOST standards for alcohol-containing products intended for retail trade;
3. Carrying out tests of drinks before entering into mass consumption;
4. Quantity of alcohol-containing products by type for sale in certain retail outlets;
5. Types of alcohol-containing goods subject to accounting.

Beer trading rules (general and unified)

In order for the collection of information and control over the production and distribution of alcohol to be carried out systematically, a decade ago a system for mandatory accounting was created, obliging all organizations to submit reports on their activities. As of 2017, this system has been improved and performs its assigned functions. Previously, a license was required only for enterprises involved in the sale of drinks with high alcohol content.

Video review of the new beer trading rules for individual entrepreneurs in 2017 and 2018:

From the beginning of 2017, all legal entities engaged in the production or retail sale of alcoholic products must connect to the Unified State Automated Information System.

Organizations that must register in the EGAIS system:

• Manufacturers of alcoholic beverages;
• Legal entities engaged in sales in large volumes;
• Legal entities engaged in retail sales.

Do not forget that the new state standards will not bypass organizations that sell beer on tap in 2017. Accordingly, from 2017, all organizations must submit a report, regardless of how much the organization sells or produces per year.

Information! Organizations producing more than 300 deciliters of beer are provided with their own form of reporting and declaration.

These manufacturers are required to submit the following information to the Unified State Automated Information System:

• The number of products produced by a legal entity;
• Turnover of manufactured products for a selected time period, the number of sales and the number of exports.

All manufacturing plants are required to have a license and submit a declaration, this is official confirmation of permission to sell alcoholic products, and also includes the entire technological process, standards, precautions and labor protection.

System of operation of new trading standards

Since January 1, 2017, the obligation to connect to the automated system has appeared for all legal entities that trade beer at retail, regardless of their form.
Legal entities engaged in retail beer trade submit the following into a single system: y:

• Volume of purchases of products containing alcohol;
• Volume of products sold.

Important! New standards established an obligation even for public catering establishments to submit a report to the state of the Russian Federation. Such organizations have already included cafes, bars and restaurants.

To open a license, you need to go through a simple verification and registration procedure, but preventing the loss of a license to sell beer on tap in 2017 is more difficult.
An exception is made only for individual entrepreneurs who operate in areas equated to rural areas. They are not required to prepare reports for government agencies of the Russian Federation.

Organizations located in the following territorial units in 2016 are also exempt from submitting a report:

• Republic of Crimea;
• Sevastopol;
• Villages and villages.

These settlements will begin submitting reports to the automated system only from July 2017. Such exceptional provisions of these territorial units are due only to the fact that these units have been assigned the status of a special territorial unit. Currently, a license is not required to sell beer in these territories.

Legislative bodies in 2017 and 2018 provide new rules for the relationship between enterprises engaged in the retail sale of beer and producers of this type of alcoholic beverages.

Let's look at these rules:

• All invoices submitted by suppliers to beer sellers for bottling are necessarily recorded in the Unified State Automated Information System in order to systematize information and control the circulation of alcohol.
• Invoices are presented to the retail outlet by government authorities through special software.
• The recipient of the invoice compares it with the invoice presented by the supplier, if the data in them is different, an investigation is carried out, and if all the data matches, the registration operation is closed.
• All deviations are recorded by the individual entrepreneur if he nevertheless accepted the goods.

Important! All legal entities involved in the supply of products and concluding an agreement with an individual entrepreneur must check the compliance of the enterprise’s license with GOSTs.

Rules and features of connecting to the Unified State Automated Information System

If a legal entity has a license for the retail sale of beer products on tap, then it is simply obliged to register in the Unified State Automated Information System.

Do not forget that in order to connect, it is necessary that the technical requirements for the registration procedure be met in order to open an account:

• A personal computer that meets the following technical specifications for the exchange of information between the organization and EGAIS;
• thirty-two cores - processor;
• two gigabytes – RAM;
• More than fifty gigabytes - hard drive.
• The PC operating system must be from the Windows line, for example, 7 Starter or higher.
• The Internet speed connected to the PC must be at least 256 kbit/s to ensure uninterrupted operation.
• A program must be installed on the PC that helps to quickly transfer the necessary information; the universal transport module (UTM) can be installed by an ordinary user.
• The operating system opens the module and allows you to work normally with the program
• A flash drive with a crypto key that serves as an electronic signature of a representative of the enterprise (usually the individual entrepreneur or director). Its function also includes protection against fraudsters

Attention! The universal transport module is provided free of charge, no license needs to be purchased, and the state provides all individual entrepreneurs with the opportunity to access the server with this module.

Video instructions for connecting to the EGAIS system:

Spoiler text

Summary

To summarize, the technical support for the trade of alcoholic beverages is very extensive, but simple. By following the instructions above, you can quickly register your business selling draft beer. To obtain data for technical resources, you must have a license to carry out an activity related to the sale of alcohol.

If you want to quickly make a profit without making a lot of effort, then this type of entrepreneurship will help you make a profit in the first couple of days; later you will need to make a lot of effort to generate income. And also, taking into account the new standards, it is necessary to keep records in the Unified State Automated Information System, which is a simple program that helps to keep records of products, systematize information and control the turnover of alcohol-containing products. To register, you must have a PC that meets the technical requirements and is also located at your workplace at the point of sale.

Similar materials

Many people believe that beer trading brings good profits to the business owner. Is it really? 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 adopted, there were persistent rumors that individual entrepreneurs would be completely prohibited from selling the foamy drink and would 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 the necessary documents (payment, invoices, 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 engage in wholesale sales, purchasing and storage of beverages.
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 by 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.

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