We hasten to please entrepreneurs planning to open a beer store: a license is not required to sell draft and bottled beer. Only strong alcohol (above 16%) is subject to mandatory licensing. For beer and drinks based on it: cider, poire, mead, etc. this requirement does not apply.

The rules for the sale of beer are regulated by Article 18 of Federal Law No. 171-FZ. It is there that the “types of activities subject to licensing” are described.

What documents are needed to sell beer on tap: list

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

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

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

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

Retail outlets and public catering establishments are often subject to inspections by supervisory authorities. To be prepared for any service visit, keep on hand:

• Product quality certificate provided by the manufacturer
• Invoices for the entire range of goods
• Lease agreement or proof of ownership of premises
• Employment contracts and employee medical records
• Conclusion from the SES (for a catering point)

All trade reports are maintained in accordance with the regulations established by the Tax Service. In addition to the standard documents for any business, the owner of a beer store is required to submit alcohol declaration in form No. 12. The document is submitted to the local branch of Rosalkogolregulirovanie. The declaration can be submitted to in electronic format. Special software will facilitate the process of filling out the declaration.

Fire requirements for a draft beer store: what to check before signing a lease

The requirements of the Fire Inspectorate do not differ from the requirements for other retail outlets. If you are renting premises, then before fire service The landlord is responsible. Before signing a store lease agreement, make sure that the premises meet the established standards:

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

Maintaining internal documentation

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

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

By complying with the above requirements, you will be able to run a business selling draft beer and not break the law. If you want to bypass the difficult period of paperwork and get started faster, pay attention to ready business. When purchasing a beer store operating in St. Petersburg, check whether the owner has all the necessary documents.

If you are interested in offers in other cities, Altera Invest will help you. We have stores selling draft beer in Moscow. As well as a database of beer stores that are sold throughout Russia.

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 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?

Rules for the sale of draft beer in 2017

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

1. It is prohibited to sell beer in the following places and areas adjacent to them:

• Military facilities;
• Medical, educational and children's institutions;
• Any type of public transport, as well as their stops;
• Cultural and sports facilities;
• Airports, train stations, markets 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.

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.

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

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

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 its absence, there is a fine in the amount of: 100-200 thousand rubles for organizations and 10-20 thousand rubles for individual entrepreneur.

Let's summarize

When selling beer, consider the prohibitions established by law: circle of consumers, time of sale, location of the object.

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.

Beer, as well as cider, poiret, mead and other beer-based drinks are alcoholic products. When selling beer, you must take into account the rules governing the sale of alcohol, but with some peculiarities. Are you interested in this line of business? Then read our article, in it we will talk about the most important issues when trading beer and beer drinks:

• can an individual entrepreneur sell beer;
• Do you need a license to sell beer?
• what restrictions exist on the sale of beer;
• Do beer sellers need to connect to EGAIS?
• when you don’t need a cash register when selling beer;
• which OKVED codes select beer for sale;
• What kind of reporting on sales volumes must be submitted?

Can an individual entrepreneur start selling beer?

Let us answer right away that individual entrepreneurs have the right to sell beer. Why does this question even arise? Are there any prohibitions on the sale of alcohol related to the legal form of the seller (individual entrepreneur or LLC)? There really is such a ban; it is established by Article 16 of Law No. 171-FZ of November 22, 1995.

According to it, only organizations are allowed to sell strong alcohol. Why this is so is not explained, but the fact remains that only legal entities. An exception is made only for individual entrepreneurs - agricultural producers who sell wines and champagne of their own production.

Regarding the sale of beer, the same article states that “Retail sales of beer and beer drinks, cider, poiret, mead are carried out by organizations and individual entrepreneurs.” Please note - this is a retail sale! The fact is that there is also a provision in Article 11 of Law No. 171-FZ, and it allows the wholesale trade of alcohol and beer only to legal entities.

Thus, individual entrepreneurs have the right to sell beer and beer-based drinks only at retail. And in order to produce and sell beer without restrictions, you need to register a company.

Do I need a license to sell beer?

But here everything is simple - a license to sell beer is not required. Again we read Law No. 171-FZ, Article 18 on the issuance: “... with the exception of the production and circulation of beer and beer drinks, cider, poire, mead.” So, selling beer without a license in 2020 does not threaten anything, there are no sanctions for this. True, certain restrictions and requirements for organizing the sale of beer still exist, and we will talk about them further.

Terms of sale of beer

This is perhaps the most important information that you should familiarize yourself with before organizing a beer trade. Considering that beer is an alcoholic drink, it is understandable that it should not be available at any place and time.

Beer alcoholism develops quickly and unnoticed, which is especially dangerous for children and women. And if for beer traders large sales volumes mean profit, then buyers of the foamy drink pay for their excessive consumption with their health. We must be understanding of the prohibitions established in Article 16 of Law No. 171-FZ; ultimately, they act for the benefit of the entire society.

• children's, educational and medical institutions;
• sports and cultural facilities;
• public transport of all types and its stops;
• markets, train stations, airports and other places of mass gathering of citizens (with the exception of catering establishments);
• military facilities.

2. Beer can only be sold in stationary retail establishments, so the building must have a foundation and be entered in the real estate register. That is, temporary structures such as stalls and kiosks are not suitable for selling beer, with the exception of catering establishments. Regarding the area shopping facility, then if, in addition to beer, strong alcohol is sold, then the following restriction applies:

• not less than 50 sq. m. in cities
• at least 25 sq. m. in rural areas.

When selling only beer, there are no space restrictions.

3. Beer sales hours are limited to the period from 8 a.m. to 11 p.m., except at outlets Catering.

• seller - from 30 to 50 thousand rubles;
• official (individual entrepreneur or head of an organization) - from 100 to 200 thousand rubles;
• legal entity - from 300 to 500 thousand rubles;

If there is any doubt about the buyer's age, the seller must request identification. In addition, selling beer to minors may result in criminal liability. Please note that police often conduct control raids involving young people in order to provoke such illegal sales. It's better to play it safe and ask for a passport, even if the buyer looks old enough.

5. From January 1, 2017, the production and wholesale trade is prohibited, and from July 1, 2017, the retail sale of beer bottled in plastic containers with a volume of more than 1.5 liters is prohibited. Fines for violation: from 100 to 200 thousand rubles for individual entrepreneurs and from 300 to 500 thousand rubles for legal entities.

6. Additional restrictions on the sale of beer may be established by local authorities. Yes, in many municipalities The sale of beer is prohibited in retail outlets located in apartment buildings residential buildings. We recommend that before you start selling beer, you find out all the rules from the local administration or the Federal Tax Service.

EGAIS - beer sales

EGAIS is a state system for monitoring the production and circulation of alcohol. Is EGAIS needed to sell beer? Yes, of course, but in a limited format. Organizations and individual entrepreneurs purchasing beer for further retail sale are required to connect to the system only to confirm purchases of wholesale quantities from legal manufacturers and suppliers.

To connect to EGAIS, you need to obtain a special electronic signature and register on the official website of Rosalkogolregulirovanie. We talked in detail about how to do this. After registering in the system, the buyer receives his identification number (ID), and the supplier issues invoices for him, reflecting them in the Unified State Automated Information System. After the consignment of goods is accepted by the buyer, the supplier writes off the delivered products from its balances in the Unified State Automated Information System, and it is recorded for the buyer.

Confirmation of the fact of sale of each bottle of beer, as is the case with strong alcohol and wine, is not required, so trade in beer through EGAIS is easier to register than other alcoholic beverages. The main thing here is to confirm that the wholesale batch of beer was purchased legally.

Please note that selling beer without a cash register is punishable separately under Article 14.5 of the Code of Administrative Offenses of the Russian Federation:

• for individual entrepreneurs and heads of organizations - from ¼ to ½ of the settlement amount, but not less than 10,000 rubles;
• for organizations - from ¾ to the full amount of the settlement amount, but not less than 30,000 rubles.

New OKVED codes for beer trade

Please note that when registering individual entrepreneurs and LLCs, only the classifier is used. To indicate types of activities related to beer trade, use the new OKVED codes that are relevant in 2020.

For wholesale beer trade:

• 46.34.2: Wholesale trade in alcoholic beverages, including beer and food grade ethyl alcohol;
• 46.34.23: Wholesale trade in beer;
• 46.17.23: Activities of agents wholesale trade beer.

For retail beer:

• 47.25.1: Retail sale of alcoholic beverages, including beer, in specialized stores;
• 47.25.12: Retail sale of beer in specialized stores.
• 47.11.2: Retail trade in non-frozen products, including drinks and tobacco products, in non-specialized stores;

For selling beer in public catering:

• 56.30: activities of bars, taverns, cocktail lounges, discos and dance floors (with predominant service of drinks), beer bars, buffets, herbal bars, drinks vending machines.

Important: if you registered an individual entrepreneur or LLC before July 11, 2016, then you do not need to make any changes to the codes; the Federal Tax Service will independently correlate your old and new OKVED codes entered in the registers.

But if you decide to start selling beer after mid-2016, and the corresponding codes were not entered immediately upon registration, then you must report the new type of activity using forms (for individual entrepreneurs) and P13001 or P14001 (). In this case, indicate the codes according to OKVED-2, as indicated above.

Reporting on beer sales

From January 1, 2016, sellers of alcoholic beverages, including beer, are required to keep a log of retail sales. The form of the journal and the procedure for filling it out are approved by Order No. 164 of Rosalkogolregulirovanie dated June 19, 2015.

The log must be filled out daily, no later than the next day after the sale of each container or package of alcohol, including beer. At the end of each day, fill in sales data: name, product type code, volume and quantity. This is what a sample magazine looks like posted on the website government organization FSUE "CenterInform", which issues an electronic signature for connecting to the Unified State Automated Information System.

For the absence of a journal or its incorrect maintenance, a fine is imposed - from 10 to 15 thousand rubles for individual entrepreneurs and from 150 to 200 thousand rubles for organizations.

In addition, based on the results of each quarter, no later than the 20th day of the next month (April 20, July, October, January, respectively), it is necessary to submit a declaration on beer turnover to the Rosalkogolregulirovanie in form No. 12. The declaration form and the rules for filling it out were approved by the Government Resolution dated August 9, 2012 No. 815.

Let's summarize:

1. Not only organizations, but also individual entrepreneurs can sell beer, however, only retail trade for final consumption is allowed for them.
2. A license to sell beer is not required.
3. Take into account the legal restrictions on place, time and range of customers when selling beer.
4. It is impossible to legally purchase a batch of beer for further sale without connecting to EGAIS, so you 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.
5. 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.
6. Since July 11, 2016, only OKVED-2 is used for registration purposes. Indicate OKVED codes for the sale of beer from our selection, they correspond to the current classifier.
7. Keep a record book for alcohol retail and submit beer sales declarations in a timely manner.

Open an individual entrepreneur selling draft beer– the dream of many young entrepreneurs. Interesting product, good demand, equipment and rental costs are not too burdensome trading platform. And everything would be fine, but special requirements to the beer trade and constant inspections by regulatory authorities often negate both the pleasure and profit from running their business. What will a businessman have to face when choosing such a specialization for his business? This is exactly what our article is dedicated to. So, let's begin…

The most popular questions about beer sales asked by individual entrepreneurs:

• Can an individual entrepreneur sell beer in 2019?
• What documents are needed to sell beer in 2019 for individual entrepreneurs?
• Do I need a license to trade beer for an individual entrepreneur in 2019?
• What are they for individual entrepreneurs? last news about beer and EGAIS?

First of all, we note that the sale of beer for individual entrepreneurs in 2019 is the only permitted type of sale of products that contain alcohol. Beer, cider, mead and other beer-based drinks are all that an individual entrepreneur can sell. Only legal entities can sell strong alcohol. Therefore, to the question whether an individual entrepreneur can sell beer, the answer is unequivocal - yes, he can. Another question is whether he wants to get involved with this... Yes a number of requirements, which significantly limit the businessman who chose this particular one.

Beer business requirements:

1. Beer can be sold at retail only in stationary premises. You cannot sell beer in temporary premises - in stalls, mobile pavilions, etc. The only exception is a temporary premises functioning as a catering point (for example, a bar or summer cafe): here beer may be offered for sale among other services.
2. There are a number of requirements for EGAIS reporting for individual entrepreneurs on beer (we will discuss it in detail below).
3. A beer store should not be adjacent to medical, educational, or various cultural institutions.
4. It is prohibited to sell beer at gas stations, train stations, public transport, markets and other crowded places.
5. You cannot sell beer to minors.
6. It is prohibited to sell beer without accompanying documents for the goods.
7. According to the sales time, there is a ban on the sale of beer from 10 pm to 10 am the next day.
8. It is mandatory to maintain a book taking into account the sale of beer in a special form approved by RosAlkoRegulation.

EGAIS for individual entrepreneurs selling beer

What is EGAIS for beer for an individual entrepreneur? The purpose of introducing EGAIS is to improve control over the production, movement and sale of products containing alcohol, including beer. This applies to all manufacturers, suppliers and final distributors of alcoholic products.

Ideally, with such a system, each bottle would be labeled and tracked from the factory to the buyer. As usual, a good intention (the fight against counterfeit products) resulted in a big headache for individual entrepreneurs.

Where to start as an individual entrepreneur for EGAIS (beer retail):

1. The individual entrepreneur must connect to the federal information system EGAIS. In this case, you will need to purchase a crypto key, buy an electronic signature (ES), register on the website egais.ru, download and install the UTM utility, and check the compatibility of your goods accounting program with UTM.
2. When receiving goods from the supplier, the individual entrepreneur receives an invoice on his computer and checks the goods with the data in it.
3. If the information in the invoice corresponds to the facts, then the individual entrepreneur must accept the invoice and record the purchase in EGAIS.
4. If the information in the electronic invoice does not correspond to the actual indicators for the product (for example, there are discrepancies in the quantity of products or the markings on individual products are damaged), then the entrepreneur rejects the electronic invoice or draws up a report documenting the discrepancy.
5. Next, the data on the purchased beer must be loaded into the cash register program (if the individual entrepreneur uses a cash register).

The question of the feasibility of introducing such a procedure still haunts business; it is often discussed on the Internet, in print media, and in television programs. Here is one of the interesting posts on this topic:

What does an individual entrepreneur need to trade beer from January 1, 2019

The main changes to the law on retail trade in beer for individual entrepreneurs concern recording in the EGAIS system the fact of purchasing beer from a supplier. EGAIS has been introduced for individual entrepreneurs (beer in retail) since 2016, but only in terms of confirming the purchase of beer from the supplier. Individual entrepreneurs are not required to confirm the facts of beer sales.

Generally speaking, the introduction of EGAIS for individual entrepreneurs (beer retail) in rural areas does indeed introduce many difficulties, if only because of the lack of Internet in many settlements.

The new rules for the sale of beer in 2019 for individual entrepreneurs in rural areas do not make any exceptions - the fact of purchase will have to be recorded in EGAIS regardless of the size of the rural settlement and the availability of the Internet. Otherwise it will be a violation Federal Law dated June 29, 2015 No. 182-FZ.

That is, to sell beer, an individual entrepreneur must purchase necessary equipment, in order to transmit information about purchases to EGAIS, and also be sure to keep a log of sales of beer (any alcohol). To summarize, we note once again that the legislators introduced new things about the sale of beer in 2019 for individual entrepreneurs.

What to do first:

• Be sure to connect to the EGAIS system.
• It is mandatory to record beer purchases in EGAIS (sales are not required to be recorded yet).
• It is mandatory to keep a log of sales of beer products.
• Be sure to use a new type of cash register (read more in the article).

Thus, reporting on beer for individual entrepreneurs in 2019 means recording purchases in EGAIS and recording sales in the sales journal.

License to sell beer in 2019 for individual entrepreneurs

Let's consider whether a license is needed to trade beer for an individual entrepreneur in 2019. We have already discussed this issue earlier, in the article, but we will briefly summarize it here.

Based on Federal Law No. 171-FZ of November 22, 1995, retail sale of beer is not a licensed activity. Therefore, it is not necessary to obtain a beer license for an individual entrepreneur (as well as for an LLC).

People often ask what is better for beer retailing - an individual entrepreneur or an LLC? In our opinion, individual entrepreneurs are preferable for beer trade, if only for the reason of lower fines for violations. Taking into account the information provided in the article, it is now not at all easy to trade beer without violations.

Read: everything new is always on home page our site.

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Beer trading in 2019 for individual entrepreneurs: new rules updated: April 12, 2019 by: Everything for individual entrepreneurs

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New rules for retail beer trade from March 1, 2017

The laws regulating the sale of beer and other types of alcohol are periodically amended in order to improve them. Amendments and additions concern a variety of aspects: production, new technologies, equipment of retail outlets, sale and rental of beer bottling equipment, beer containers and much more. On March 31, 2017, new changes and provisions in the Law on Retail Sale of Beer come into effect.

New requirements for the sale of draft beer

The new provisions concern the specifics of trade in beer products when providing catering services. The changes expand the capabilities of stores with catering functions and, conversely, prohibit the sale of draft beer to those who do not provide food.

Places prohibited for retail sale of beer and alcoholic beverages
The changes affected the list of places prohibited for retail trade. It includes:

• premises used and owned by organizations engaged in activities in the field of culture, medical and educational activities, (Part 1, Clause 2, Article 16 of the Law);
• sports complexes, including buildings and nearby territories (Part 2, Part 10, Clause 2, Article 16 of the Law);
• wholesale and retail trade markets (Part 3, Clause 2, Article 16 of the Law);
• gas stations and public transport (Part 4, Clause 2, Article 16 of the Law);
• places of deployment of troops, military bodies and formations ensuring the security and defense of the Russian Federation, as well as territories adjacent to them (Part 5, Part 10, Clause 2, Article 16 of the Law);
• airports, train stations and nearby areas (Part 6, Part 10, Clause 2, Article 16 of the Law);
• places where sources are located increased danger established in accordance with the law, as well as nearby territories (Part 7, Part 10, Clause 2, Article 16 of the Law);
• venues for mass and public events with large crowds of citizens, as well as adjacent territories (Part 8, Clause 2, Article 16 of the Law);
• outlets non-stationary type (Part 9, Clause 2, Article 16 of the Law);
• territories adjacent to medical and educational organizations(Part 10, Clause 2 of Article 16 of the Law).

The amended law for the above list contains exceptions for organizations selling draft beer and providing catering services.

According to the amended law, the sale of beer with the provision of food is permitted in the premises of theaters, concert halls, and in areas adjacent to sports facilities, with the exception of competitions and other sports with the participation of children and youth. The list of public catering facilities where retail sale of beer is permitted includes retail and wholesale markets, train stations, airports, gas stations and adjacent areas, as well as non-stationary retail outlets.

Other changes

The second change concerns the ban, which was introduced in 2017, on the sale of beer without the EGAIS barcode (Part 13, Clause 2, Article 16 of the Law) and remote sales (Part 14, Clause 2, Article 16 of the Law).

Another change to the law, which comes into force in March 2017, relates to the terms of service. In accordance with the legal norm, beer and other types of alcohol sold as part of public catering must be sold in facilities that have halls equipped with everything necessary. Such objects also include dining cars, airplanes and water transport.

One of the important rules is the opening of containers by the seller selling alcoholic beverages (clause 4 of article 16 of the Law).

Beer or other types of alcohol purchased at a catering establishment must be drunk on the spot (paragraph 2, paragraph 8, article 16 of the Law).

Conclusion

The article lists the main changes that will be introduced into the law on the last day of March. The most large-scale changes concerned Article 16 of the Law. With the start of their action, draft beer stores that do not have their own catering will not be able to trade. Organizations and entrepreneurs selling beer and other alcoholic beverages with food services should prepare for amendments and additions to ensure that all necessary requirements are met when selling beer.

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