The retail sale of alcoholic beverages is undoubtedly an extremely profitable business. But every year, when carrying out this type of entrepreneurial activity, businessmen are “driven” into an ever more rigid framework: so, from this year, in addition to obtaining special state licenses, new rules for the sale of alcoholic beverages are in force. Read more about this in our material.
In 2016, the main and truly "sensational" innovation in the field of retail sales was the introduction Unified State Automated Information System (EGAIS)... Without fail, all enterprises engaged in the production, retail and wholesale of alcoholic beverages are now connected to the Unified State Automated Information System and send data on alcohol sales to the Federal Service of Rosalkogolregulirovanie.
Simply put, EGAIS is an all-Russian database containing complete information about all alcoholic beverages produced in Russia or imported into the territory of our country. The data on each bottle of alcohol - by whom and when it was produced, what is the composition of the drink, strength and volume - can be found by simply reading the QR code on the smartphone app.
The need for this system is due to the growing volume of counterfeit and fake alcoholic beverages, as well as the increasing incidence of poisoning by low-quality alcohol. .
Organizations that have not connected to the Unified State Automated Information System or that have violated the procedure for recording information are fined: for company managers, the fine will be up to 15 thousand rubles, for legal entities - up to two hundred thousand rubles.
In general, all experts and retailers note the complexity of the rules according to which alcohol should be sold.
Alcoholic products are food products produced either with the use of ethyl alcohol from food raw materials, or without ethyl alcohol, or when using alcohol-containing food products. In this case, the volume fraction of ethyl alcohol should be more than 0.5% of the volume.
There are different types of alcoholic beverages. For example, these are alcoholic drinks (cognac, vodka, whiskey), wine, liqueur, sparkling or fruit wine, beer, cider, mead and others. We all know that the sale of alcoholic beverages is really a profitable business, and that is why the processes of production, trade and consumption of alcohol are strictly controlled and regulated by the state of our country.
Useful documents to download
The main document in this regard is the Federal Law of 22.11.1995 No. 171-F “On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on the limitation of consumption (drinking) of alcoholic products”, which often undergoes changes.
According to him, every entrepreneur who wants to be engaged in the manufacture, storage, supply or sale of alcoholic or alcohol-containing products must obtain a license to carry out this type of activity. The sale of alcoholic beverages is subject to mandatory control by authorized state bodies.
There are a number of requirements that must be met when trading in alcohol:
In addition, there are a number of basic requirements for stores in which it is planned to sell alcoholic beverages in order for them to obtain a license:
It must be said that the last three requirements are not mandatory for catering establishments.
At the same time, those who wish to carry out the sale of alcoholic beverages must, without fail, equip points of sale with cash registers and maintain strict accountability documents. It is also necessary to properly store alcohol, and comply with fire safety and sanitary and hygienic standards.
In accordance with the federal law of our country, a license to trade in alcohol is issued only to legal entities. Individual entrepreneurs can only sell beer and beer drinks - this type of product is not subject to licensing. You can get a license for alcohol for one year or for five years at once.
First of all, even before submitting documents for obtaining a license to trade in alcohol, it is necessary to draw up a state duty, which today is 65,000 rubles for each year of the license. That is, the cost of a license for five years will be 325 thousand rubles.
Many businessmen note the difficulty of obtaining a license for the sale of alcoholic beverages precisely in terms of collecting documents. You need to collect a solid package of references and certificates, which includes:
These documents for obtaining a license to trade in alcoholic beverages can be submitted both in paper and in electronic form.
There are also a number of requirements for the size of the authorized capital for organizations planning to sell alcoholic beverages. So, for example, in the amount of ten thousand rubles should be the authorized capital of a company that plans to sell products containing 15% ethanol.
When selling alcoholic beverages with more than 15% ethanol, the authorized capital of the organization must be 300 thousand rubles. If a small business organization sells alcoholic beverages with an ethanol content of more than 15% and the enterprise is not listed in a special register, then the authorized capital of the legal entity should be 1 million rubles. For wholesalers - 10 million rubles.
A license to trade in alcohol is issued within 30 calendar days. In each subject of our country, a license for alcohol is issued by the executive authorities. Which ones - it is necessary to clarify directly in each region. So, for example, in Moscow - these functions are carried out by the Department of Trade and Services.
It is worth considering the following aspect: after you have been collecting documentation for obtaining a license to trade in alcohol for several months, you may face a refusal to issue it. That is, no one will return the state duty in the amount of 65 thousand rubles.
It is also worth remembering that you can renew an "alcoholic" license three months before its expiration date. Until a new license is obtained, the sale of alcohol in the store is prohibited. If you have all the necessary documents, you will easily get a license for alcohol. And observing these rules for the retail sale of alcoholic beverages, the activities of your store will never arouse criticism from the regulatory authorities.
Responsibility for the sale of alcoholic beverages without an appropriate license was tightened by Federal Law N 365-FZ. An entrepreneur will have to pay a fine in the amount of 10 to 15 thousand rubles, and an organization - from 200 to 300 thousand rubles. Moreover, all types of products sold can be confiscated.
Violations and gross violations of licensing requirements can also entail administrative liability and confiscation of alcoholic beverages. This, for example, if a shopping facility does not meet licensing requirements. In case of gross violations of the licensing rules, for example, the sale of poor quality alcohol, the work of your store can be stopped for up to three months.
Also, an organization selling alcohol can be fined up to 300 thousand rubles in case of selling alcoholic products with fake brands - all alcohol except beer is subject to mandatory labeling. The entire consignment of unmarked alcohol will be confiscated.
How to Succeed in the Alcohol Market? It is necessary to arm yourself with an up-to-date source that will provide information: what is the law on alcohol, its nuances and innovations.
The law on the sale of alcoholic beverages is periodically amended in order to improve the quality of alcoholic beverages that customers purchase, to make the supply of low-quality alcohol unacceptable. The latest adjustments to the rules for the sale of alcoholic beverages were added at the beginning of 2017.
The profitability of the sale of alcoholic beverages is explained by its demand, which never falls. Consumers consume alcoholic beverages. Regardless of factors such as inflation or crisis. In the alcoholic beverages market, each participant in this business receives its share as an entrepreneur and a seller. Therefore, such activities have been profitable at all times, and often they were carried out on illegal grounds.
Illegal trade in such a product is the main reason why all issues related to alcoholic products are controlled by the state at the highest level. For those who choose a business in this area, you must purchase a license. You can buy it by submitting documents that the relevant service will require, it also decides whether the entrepreneur will receive a license to sell alcohol-containing products or not.
List of documents that are required to obtain a permit for the sale of an alcoholic product:
Legislative conditions for production warehouses and property premises:
The point of the time frame contains its own characteristics: in Moscow, the mode of selling an alcoholic product from 8.00 to 23.00 is allowed, and in the Moscow region, the sales policy is more limited by the schedule from 11:00 to 21:00. In St. Petersburg, the opportunity to purchase alcohol is extended until 22:00. The sales schedule for the Novosibirsk region is from 9:00 to 22:00.
The seller's responsibilities are to assess the appearance of the product, check the condition of the container, the product description, information about the supplier and the manufacturer's brand.
The personnel involved in the sale of alcoholic goods, namely the bartender, waiter, seller or barmaid, must work in appropriate conditions:
The sale of goods is carried out using the cashier, which provides the buyer with a receipt confirming the payment for the purchase. If the seller violates the procedure for the sale of an alcoholic product, then he is liable for violation of the rules of the retail sale and purchase agreement.
There are places where it is prohibited by Federal Law to sell alcohol:
In addition to the above points, the territories adjacent to these objects are also taken into account. The exceptions are bars, shopping areas that sell these products around the clock, as well as cafes.
There is a list of prohibitions established by law, the essence of which is to prohibit:
The label of an alcoholic product must comply with the following rules: place of preparation, shelf life, date of bottling, volume of the purchased product, its nutritional value, contraindications to the use of this type of product, a list of ingredients used to prepare this drink, if the product is genetically modified, then there must be the corresponding sticker.
The product is designed as follows: a sample is put on the showcase, which is available, information about the cost, the name of the product is attached to it. Products such as wine, cider, beer can be sold on the bottle, in which case it is necessary to indicate the name and cost of the drink in the volume of 1 liter and 100 g.
If the laws are violated in the alcohol market, the violator will be fined. The arrival of new rules for the sale of alcohol is driving entrepreneurs who run small businesses into a rigid framework.
What fines await someone who violates the rules of alcohol trade:
Having studied all the nuances of this law in this article, the entrepreneur will become more understandable what needs to be done for his business, so as not to be fined and to continue his activities further.
With each new year, certain changes are made to all sectors of the economic sector, the sale of alcoholic beverages is also no exception, and will appear. First, let's try to understand the term EGAIS, which is not familiar to everyone. EGAIS is short for a unified state automated information system. Why such a system is needed and how it is used, we will consider in our article.
The information system is focused on organizing state control over the production and sale of alcoholic beverages throughout our country. The basis for its development was the fact that according to statistics, approximately thirty percent of all alcohol produced in the country is produced illegally. If we transfer statistical data to a real situation - when entering an alcoholic goods store, every third of those. what you see on the window is illegal.
This situation necessitates introduce new rules for the trade in alcoholaimed at reducing the turnover of sales of illegal alcohol. For entrepreneurs whose activities are related to the sale of alcoholic beverages, this is another stress, because all innovations bring with them certain costs and changes in the established rhythm of work. Next, we will try to answer all the questions that alcohol sellers might have, as well as consider in more detail the essence and principle of operation, as well as connecting to the EGIAS, the timing of when it is necessary to connect to the system and what is required for this. In fact, the introduction of such a control method will not necessarily complicate the work of the business, and for some, on the contrary, it will make it easier.
The main condition for all entrepreneurs who own any retail outlets selling alcoholic beverages at retail is the provision of all information to the information system. Every purchase a business owner makes should be accounted for, even if you only sell beer drinks in your store or cafe.
Six months later, the new rules for alcohol trade will affect not only information on purchases, but also on the sale of commodity units. Thus, every product, even if it is one bottle of beer, must pass through EGIAS. This innovation is spelled out in a separately formulated law, which has number 182 of federal legislation.
What is the principle of operation of a unified state system of accounting and control for retailers, we will consider further.
If, when checking the received products, its quantity and quality meets expectations and does not cause suspicion, the fact of receipt of the goods is confirmed in EGIAS. All information about the purchase must be entered into a specially developed program, which will also have to be installed on a computer, it is called that - a cash program. It must meet a number of requirements that are officially established by the information system.
Every container with alcohol that is legally produced must have a brand name. A special two-dimensional type barcode is applied to it, which is called Micro PDF417... It is this code that carries information about the product, the manufacturer and the availability of a license to manufacture it.
If a new rules for trade in alcoholic beverages from January 1, 2016 will be carefully observed and implemented by all sellers, then the consumer will not need to check the conformity of the goods to the quality. If the code that is placed on the product is not read by the scanner, then the product you are trying to sell is produced illegally and is blocked by the system. This is how the EGAIS should work for the retail sale of alcoholic beverages. However, like any technical product, it can sometimes go wrong and work can be disrupted.
From the beginning of the new year until the end of April, for those who are engaged in the retail sale of alcoholic beverages, there will be some benefits and concessions that have been established by the leadership of the alcohol trade regulation service. Of course, they do not exempt from the obligation to install all the necessary components of the EGIAS before the end of this year. But those unforeseen problems or circumstances that entrepreneurs may face in the process of introducing new technologies are also taken into account. Of course, the sale of alcohol from January 1, 2016 must certainly be carried out using the Unified State Automated Information System, but if there are any errors in its use, misunderstanding or shortcomings, there will be no severe and serious punishments at the initial stage of implementation.
All enterprises and organizations that sell alcohol, if they are located in the territories of Crimea or Sevastopol. This relief applies to those traders who retail alcoholic beverages or retail beer or low-alcohol beverages. These territories have their own time frames for joining the EGAIS system. For urban-type settlements and cities, it is necessary to introduce an accounting system from the first day of 2017, and for those retail outlets located in villages or villages, the delay in installing a unified accounting system is two years. The installation and connection of this function will need to be done before the first of 2018.
If your outlet is located far from large cities, in settlements where there is often a problem with the Internet connection, and the population is less than three thousand people, then you get a deferral for accounting for sales for one year. That is, the sale of alcoholic beverages you will need to take into account in the EGAIS only from July 1, 2017. But be sure to pay attention to the fact that this indulgence only applies to the sale of goods, the accounting of purchases must still be started simultaneously with the rest of the entrepreneurs. That is, January 1, 2016.
Some business owners are even more fortunate, and they have the right not to connect to a single system in principle. Who has such an opportunity, we will list below:
Companies and factories for the production of beer and low-alcohol drinks, the amount of production of which does not exceed three hundred thousand decaliters annually;
Organizations that are engaged in the production of wine and champagne on the basis of actually grown grapes;
If we talk about reporting information regarding sales, then catering places such as cafes and restaurants, as well as points that sell beer or low-alcohol drinks at retail, are exempted from its provision.
Fill in the journal where will sale of alcohol, will be needed not only by those outlets that sell alcoholic beverages, but also by sellers of beer and low-alcohol products. Even if, according to the law, an individual entrepreneur may not register all sales in a unified information system, such information should be in the journal. Each sales center must have a separate record. It is on the basis of these data that the totals will be entered in the declarations for the tax authorities, which are filled out every quarter.
From July 1, the same penalty will be applied to the sellers who, having installed the entire EGAIS package, do not use it in trade and do not pass the goods through the scanner during the sale. Such a problem can arise if the owner receives a product, the excise tax on which is damaged and is not perceived by the scanner. Then the violation can be considered unconscious. But the sale of such alcoholic beverages will still be considered a violation and illegal trade in alcoholic beverages. If you have a product in a warehouse or in a large delivery that has certain problems with excise stamps, it is advisable to sell it before July of the new year. Since the system is new for most entrepreneurs, problems and errors are likely to occur when using it. Taking this into account, the alcohol trade regulatory authorities decided until April not to apply penalties to the distributors, but only to point out errors and shortcomings.
Since April 20 is the deadline for filing declaration reports for the first annual quarter, the tax inspectorate will reconcile the data received through EGAIS and those indicated in the declaration. If inconsistencies and inconsistencies in data are found in the documentation, this can lead to the application of all the measures specified above. An entrepreneur can even lose his business license.
The rules for the sale of alcoholic beverages are strictly regulated by the existing legislation of our country.
Retail outlets that carry out this type of activity must strictly comply with existing laws, since their violation can provoke administrative liability and the imposition of large fines.
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This year, the existing law defining the rules for the sale and circulation of alcoholic beverages is undergoing some changes - a ban has been introduced on the production and sale of alcohol-containing products, which are packaged in PET containers with a capacity of more than 1.5 liters.
Specifically, from the beginning of the year it is impossible to sell and buy this type of alcohol in wholesale volumes, and from July 1, a ban is imposed on retail sales of products.
With such a prohibition, responsibility for its violation was simultaneously introduced.
Note: from the beginning of 2018, when carrying out the production and wholesale of prohibited products, and from July 1, and retail, a fine will be imposed with the possibility of confiscating the alcohol on the balance sheet.
According to the new rules, it is possible to sell alcoholic beverages from this year in Russia only using the EGAIS system.
The EGAIS system was created and implemented to regulate the sale and production of alcoholic products, pure ethyl alcohol, alcohol-containing products.
Control over the turnover of products begins at the stage of their exit from production - ordering a supply from its manufacturer.
Programs supporting EGAIS are installed on computers of manufacturing plants, wholesale companies and cash registers of points of sale.
One of the important aspects of the possibility of establishing this system is the availability of an Internet connection. In the event of interruptions in the Internet, the program saves all data on the receipt and sale of goods, and after the restoration of the network, the saved data will be automatically transferred to the common server.
Specialist's note: alcoholic beverages on sale must have a brand with a barcode applied to it. Each barcode contains information about the manufacturer, manufacturing license and other necessary information.
Upon receipt of the goods by the retail outlet, the data on the quantity and name are entered into a specialized program, only after this stage the alcohol can be put up for sale.
When selling alcohol, the check issued to the buyer contains full information about the product, and the data on the operation with the product is recorded by the EGAIS system.
One of the most important points, which is especially worth paying attention to if you are a beginner entrepreneur, is that the form of activity of a person selling alcoholic beverages can only be formalized as an open or closed joint stock company.
The only exception is trade in beer drinks - the owner can register as an individual entrepreneur.
Also, a point of sale selling alcoholic products must meet the following requirements:
It is important to know: under the law of the Russian Federation, it is forbidden to sell alcoholic beverages, tobacco products and beer to young people under 18 years of age.
The sale of alcoholic beverages is governed by the following rules and regulations:
Violation of the rules for the sale of alcohol may entail bringing to administrative responsibility.
The imposition of a fine and the seizure of sold alcoholic beverages with cancellation of the license may be carried out in the event of:
Note: being the owner of a retail outlet selling alcohol, it is very important to instruct your employees on the main points of violations, since the law provides that a fine is imposed on a businessman, and not on hired workers.
A legal entity has the right to obtain a license to trade in alcohol.
To do this, you must submit the necessary documents to the appropriate tax authority:
Take into account: the duration of the license obtained for the sale of alcohol can be from one to three years. If the expiration date of the permit is approaching, you need to submit documents for its extension.
For the sale of alcohol without a license, individuals and legal entities may be subject to a fine determined in accordance with the existing Federal law governing the rules for the sale of alcohol.
For an individual entrepreneur, a fine in the amount of ten to fifteen thousand rubles may be imposed, for open and closed joint-stock companies this amount can reach three hundred thousand rubles.
It is worth noting: in addition to imposing a fine for selling alcohol without a license, all alcohol-containing goods sold may be confiscated.
The alcohol trade is considered to be a very profitable business, generating stable profits of considerable size. However, in the pursuit of even more earnings, do not neglect the existing laws, regulations and prohibitions, otherwise the consequences may not affect you and your business in the best way.
We bring to your attention a video report on the rules for the sale of alcoholic beverages and the new requirements in 2018:
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