If you decide to go into the restaurant business, or want to open a bar, a grocery store, then the alcohol trade can be a very profitable business. Unlike other items of income, income from the sale of alcoholic beverages, as a rule, always remains on high level. Some marketers joke that alcohol sells best during a recession and market crisis, when people panic. Demand for alcoholic products is not decreasing. Analysts note that the alcohol industry today remains the most profitable. Moreover, not only the producers themselves, but also the retail and wholesale trade receive a good income from the sale of alcohol. According to some forecasts, by 2014 the volume of sales of alcoholic beverages will increase by 10%.

Obtaining a license

If the business is related to the production, import, export or sale of alcoholic products and ethyl alcohol, then a license for the sale of alcohol is required, giving the right to carry out one or another type of activity in the sale of alcoholic beverages.

The state strictly monitors observance of mandatory rules when obtaining a permit - a license. In Russia, the production and distribution of alcoholic beverages is regulated by the state, since alcohol consumption is harmful to people's health, contributes to a decrease in the moral aspects of society, especially young people. Legislation regulates the rules for obtaining a license for retail sale alcohol. To do this, you need to be registered as a legal entity, with an authorized capital of at least 1 million rubles for one outlet, the sale of alcoholic products through one outlet for small businesses 300,000 rubles and for the sale of alcohol in public catering 10,000 rubles. Federal self-government bodies issue permits for establishing the boundaries of adjacent territories. The state establishes a minimum price threshold below which the sale of alcohol-containing products is prohibited.

When obtaining a license for the retail sale of alcoholic beverages, it is necessary to submit a package of documents to the license issuing authority that complies with current legislation. This application, with all contact details and details of the organization, type of activity and products that will be sold entity, as well as the validity period of the license, copies of all constituent and registration documents, as well as permit documents from state authorities. For questions about obtaining a license for the sale of alcohol in connection with changes in legislation, it is better to contact specialized companies that will provide qualified assistance, from submitting documents to obtaining a permit.

Trading Rules

Consider all the basic rules of the alcohol trade.

The law establishes a number of requirements for industrial premises and warehouses on the basis of ownership, the area of ​​​​which is countryside should be 25 sq.m., and in the city - 50 sq.m. Moreover, the lease agreement must be drawn up for a period of one year or more. For the information of organizations selling alcoholic beverages, additional rules for retail trade have been established. First, the sale must be made in stationary trading facilities. Since the beginning of 2013, it also applies to beer trade. In accordance with Article 5 of the Federal Law, the sale of alcohol from 11 p.m. to 8 a.m. is prohibited. It is not allowed to retail alcoholic beverages in educational, medical, children's institutions, in transport and gas stations, in markets, airports and train stations, to minors.

The Law on the provision of the necessary information on the volume of sales to Rosstat within the established time limits was repealed. Some of the norms and legislative acts established by the Law on state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products are outdated. Therefore, amendments were made, in particular to expand the concept of alcoholic beverages. Alcoholic drinks are considered to be drinks, the content of ethyl alcohol in which is more than 0.5%. Changes have also been made to the rules for the transportation, storage and warehousing of alcoholic beverages. According to the Federal Law, the transportation of alcohol is carried out with a license, regardless of the mode of transport.

In a previous article on the sale of alcoholic beverages, we talked about. This is a rather expensive and difficult procedure that novice entrepreneurs may not be able to afford or can afford. But such are the peculiarities of the Russian mentality that before giving up on what was planned, the domestic businessman explores all the so-called workarounds that will allow him to work without directly violating the law.

So is it possible to sell alcohol without a license, and how can this income generation option turn out for an entrepreneur? Read more about this later in the article.

Selling alcohol without a license - myth or reality - what does the law say

To understand the issue of the need for a license for the retail sale of alcohol, one should refer to federal law No. 171-ФЗ “On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products<…>».

According to this legal act, activities related to the retail sale of alcohol are subject to mandatory licensing. At the same time, it is possible to obtain permission to carry out this type of activity only by fulfilling a number of requirements:

  • obtaining the status of an organization (find out);
  • formation of the authorized capital established by the regional legislation, which in some cases reaches 1 million rubles;
  • payment of state duty in the amount of 65 thousand rubles;
  • selection of premises for the location of the store in accordance with the established requirements for quadrature, etc.

The law also provides for certain exceptions regarding licensing - not all alcohol-containing products need a permit to sell them. What kind of alcohol can be sold without a license? Exceptions are low-alcohol drinks:

  • beer;
  • mead;
  • cider;
  • poiret (pear cider).

All other products, including wine and spirits, can only be sold with a license for the retail sale of alcohol. This requirement applies not only to shops, but also to establishments. Catering.

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What alcohol can be sold without a license - the sale of beer and beer drinks

Despite the fact that the trade in beer does not oblige a businessman to obtain a special permit, nevertheless, the above-mentioned law makes it clear that this type of activity is not possible without observing some individual requirements.

These include:

  • registration entrepreneurial activity in the tax service, for example, as an individual entrepreneur (does not take much time and money);
  • availability of documents that confirm the legality of the origin of products (consignment notes (TTN) and certificates to TTN);
  • keeping records and declaring the volume of sales;
  • trading only through stationary facilities with trading and storage facilities;
  • availability of cash registers;
  • compliance with the rules of alcohol trade - a ban on sale at night (with the exception of catering establishments), a ban on sale to minors, etc.

When choosing a place to open a retail outlet, it should be borne in mind that beer and beer drinks cannot be sold in medical, children's and educational institutions and in the territories adjacent to them.

Important! From July 1, 2016, the sale of beer and other low-alcohol drinks listed in the previous chapter can only be carried out after registration with the EGAIS - a unified state automated information system. Each fact of the purchase of such products for the purpose of subsequent retail sale must be recorded in the system using special software.

To obtain objective information about what equipment and software required to work with EGAIS, we recommend visiting informational portal Rosalkogolregulirovaniya, dedicated directly to this system www.egais.ru.

Please note that the facts of the sale of beer and beer drinks are not subject to accounting in the system, unlike the sale of strong alcohol, where each bottle sold must be recorded. Entrepreneurs selling beer only need to keep a Retail Sales Journal and draw up an act of write-off of sold products in EGAIS on a daily basis.

And you can find out how to save on personal income tax and VAT at this address:. All about the features of taxation in the general regime.

Thus, the sale of alcoholic products without a license can be carried out subject to all these requirements if it means the sale of beer and beer drinks, as well as mead, cider and poire.

And if there is a direct reference to this possibility in the law, then the ways of selling alcohol, which will be discussed below, are not mentioned in the regulatory framework, but at the same time they do not contradict the current legislation. These are the "workarounds".

Methods of selling alcohol without a license, encountered in the practice of Russian businessmen

Resourceful domestic entrepreneurs invented several ways to make money selling alcohol without obtaining any permits, which have taken root in many regions of the country, and many still use them today. outlets and catering establishments.

How to sell alcohol without a license? One of the options is the conclusion of a lease (or sublease) agreement between individual entrepreneurs or legal entities. an unlicensed person acting as a landlord and an entity holding an alcohol retail license, which becomes a tenant respectively. When making such a deal, the parties indicate as a rent not a fixed amount, but a percentage of the licensee's revenue.

For example, Ivanov, a businessman who wants to make money selling liquor but is unable to obtain a permit, leases part of his retail space, in which he sells food or beer, for example, to a licensee organization.

The licensee places display cases with alcohol on the provided area, puts cash machine, formally hires one of the sellers of businessman Ivanov and starts trading. That is, in fact, entrepreneur Ivanov sells alcohol and he is interested in selling more goods, since his income depends on it - the higher the licensee's revenue, the more he will receive as rent. De jure, all sales go through an organization that has a license to sell alcohol, and the law is not violated in this case.

Such cooperation is beneficial to both parties. However, in order to translate the idea into reality, it is necessary to take into account some nuances:

  • the store premises must have a trading floor and a warehouse with total area at least 50 sq. m;
  • the location of the store must comply with the requirements of Law No. 171-FZ: trade should not be carried out on the territory of children's, educational, medical institutions and in close proximity to them, etc.;
  • alcohol trade rules must be observed, for example, products cannot be sold from 11 p.m. to 8 a.m., etc.

How profitable this scheme can be for an entrepreneur depends on what percentage of the proceeds will be specified in the contract. As a rule, it is about 15-20%, while the mark-up for alcoholic products used by licensees varies from 35% and above.

How to sell alcohol without a license in a catering establishment? The owners of clubs, bars and cafes have also succeeded in this task. However, unlike retail trade enterprises They don't involve outsiders. They work on the principle of "you can not sell, but you can treat."

After all, in fact, the law does not prohibit treating, giving alcohol, the ban applies only to sale without a license.

So, the owners of such establishments include in their menu any dish hinting at alcohol. For example - "snack for vodka." An intrigued client orders a dish, he is served an inexpensive snack and a gift from the establishment - 100 g of vodka. At the same time, the cost of the dish includes the cost of snacks, alcohol and a good margin.

Responsibility of an entrepreneur selling alcohol without a license

This is not to say that these schemes are completely transparent. Such activities may attract the attention of law enforcement and supervisory authorities, and further developments will depend on very many circumstances. IN judicial practice There are cases when entrepreneurs resorting to such trading schemes managed to justify themselves. But there have also been cases where unlicensed businessmen selling alcohol in similar ways have had to be held accountable.

In the event that a controlling, supervisory or licensing body reveals a violation of the law, namely, the sale of alcohol without a license, the following measures may be applied to the violator:

  • confiscation of goods;
  • seizure technological equipment for the sale of alcohol;
  • a fine of up to 300 thousand rubles, and if such activity is associated with causing damage to the state or generating income on an especially large scale - from 100 thousand to 500 thousand rubles;
  • imprisonment for a term of 6 months to 5 years;
  • forced labor for up to 5 years.

The last three points are relevant for cases where the sale of alcohol without a license is equated with illegal business in accordance with Art. 171 of the Criminal Code of the Russian Federation.

Few celebrations are complete without spirits, which is one of the reasons why this product is such a hit. Today, in almost every store you can choose alcohol for yourself. Understanding all the profitability of such activities, entrepreneurs are trying to join it and increase their own capital.

Both large hypermarkets and small retail outlets earn on the sale of alcohol. Indeed, it is one of the most profitable businesses in the country, but another question is whether a license is required for the sale of alcohol and what will happen if the norms of Russian legislation are not observed.
Only on the surface this business seems to be such, in fact there are many pitfalls. Only one thing remains unchanged - demand.

The government of the country has been waging war against the shadow business selling alcohol for many years, and from here new norms, conditions, and requirements arise. A lot of effort is being invested in preventing a surrogate from entering the market, which only harms citizens. Transparent system Logistics is the main thing to which everything goes.

The process of obtaining a license

  • beer drinks;
  • Poiret;
  • honey drink;
  • Cider and other alcoholic drinks.

But if more than this level, then there is a legislative need to obtain a license. This rule applies to cognac products, vodka, wine.

Alcohol with a low alcohol content

Despite the fact that alcoholic beverages with an alcohol content of less than 6% do not require a license, since 2016 amendments have been made, according to which, IP must be included in the EGAIS system.

This system is a general automated system, which contains the necessary information about the production and sale of the product. It has existed for many years, but its regulatory framework is becoming tougher for entrepreneurs. It is the entrepreneur who now bears the responsibility for making necessary information for the purchase of alcoholic beverages, but is not required to provide sales data.

Until 2018, this system applies to all entrepreneurs whose activities are carried out in the city, but from 2018 this requirement will be mandatory for individual entrepreneurs in the villages. On this moment the only exception to the rule is Sevastopol and the Republic of Crimea.

What is the feature of the system

To sell low-alcohol products, an entrepreneur is required to install a special module. It is not difficult to connect it on your own to a PC that has access to the cash register. The computer must comply with the following settings:

Additional registration on the RusAlcoRegulation website is required. Where the user will be asked to open their own account and enter personal data on the IP. After passing the registration stage, you will need to connect the module to the PC by downloading it and installing it into the system.

Work begins with the acquisition electronic key, it is he who opens free access to the registry. The cost of this key is about 5000 rubles.

EGAIS operates in accordance with several principles:

  • After the supplier has brought the goods, he provides a bill of lading;
  • Data from the document is entered manually into the existing registry;
  • Further, the IP is provided with a clarifying document, which must be verified with the existing invoice;
  • In case of full compliance, it is necessary to confirm or draw up an act of non-compliance.

The main features of the sale of alcohol

Since 2016, every entrepreneur who sells alcoholic beverages must keep a log book. All samples and forms established under the existing legislation are available on the RusAlcoholRegulation website. In parallel, it will need to be registered with the Unified State Automated Information System. Two forms of logging are allowed: electronic and manual.

The pages of the journal must contain the following information:

  • Point of sale address;
  • Data on the goods sold (serial number, date of sale, barcode, name, ORK code, container volume, quantity).

Not only for entrepreneurs in this category, this magazine is considered mandatory. It must be present at trade workers in catering, restaurants and so on. The data must be entered on the day of the sale or the next day, but no later than this date.

Filling out the code field is optional, but this is not the only change that has been made to the rules since 2016. If the IP turns out that this magazine does not exist, an immediate fine of 15 thousand rubles will follow.

OKVED code for alcohol trade

Main code:
OKVED code 51.34 - Wholesale of alcoholic and other beverages
Additional codes:
OKVED code 51.17.22 - Activities of wholesale agents alcoholic drinks other than beer
This group also includes:
– activities of agents in the wholesale trade of edible ethyl alcohol
OKVED code 51.17.21 - Activities of agents in the wholesale trade of soft drinks
OKVED code 51.34.2 - Wholesale of alcoholic beverages, including beer
OKVED code 51.34.21 - Wholesale of alcoholic beverages, except beer
This grouping includes:
– purchase of wine in large containers and its bottling without processing
– purchase of wine in large containers with subsequent blending, cleaning, bottling and resale
- wholesale trade in dry and fortified wines, liquors, vodka, cognacs and other alcoholic beverages
This grouping also includes:
- wholesale trade in edible ethyl alcohol
OKVED code 52.25 - Retail alcoholic and other drinks
OKVED code 52.25.1 - Retail sale of alcoholic beverages, including beer
OKVED code 52.25.11 - Retail sale of alcoholic beverages, except for beer

Summer is the time for beautifully decorated outdoor verandas, balconies and small cozy bars. This season is especially nice to spend time with friends and family in the open air. Entrepreneurs are well aware of this, and the number of establishments offering refreshment on a light rattan chair is growing seasonally.

And since people prefer to refresh themselves not only with mineral water, iced tea and juices, but also light cocktails(and sometimes something stronger), every self-respecting establishment should have a wine list on its menu.

And here it’s not so important what kind of establishment you have - an old family pub, a small cafe for which the sale of alcohol is only one of the categories of earnings, or a grocery store in the near Moscow region: in all such cases, you need to obtain a license to sell alcohol .

To simplify the task for a business that has decided to try itself in this area, we have prepared a small FAQ. It will allow you to understand how not to accidentally violate the letter of the law.

If you want to open your establishment and officially sell something stronger than beer there, a license is required. Otherwise, your organization will face fines up to 300 thousand rubles. It is also important to remember that even the smallest mistake or oversight made when applying for a license can nullify all efforts. Licensing Authority - federal Service"Rosalkogolregulirovanie" - will refuse at the slightest violation, and the paid state duty can no longer be returned.


How is turnover regulated in Russia?

The circulation of alcohol in our country is regulated by Federal Law No. 171-FZ “On State Regulation of the Production and Turnover of Ethyl Alcohol, Alcoholic and Alcohol-Containing Products and on Limiting the Consumption (Drinking) of Alcoholic Products”. Special attention when studying this law, it is worth paying attention to articles and, which outline the basic requirements that must be observed when selling alcohol, and the procedure for obtaining a license.

However, the matter is not limited to one federal law. Depending on the region where it is planned to open an institution and sell alcohol, there are also by-laws and regulations that spell out the conditions for the sale of alcoholic beverages in a particular one. The institution is also obliged to comply with the provisions of the Interstate GOST standard (“Public catering establishments classification and General requirements"") No. 30389.


Who can sell alcohol under a license?

Only organizations can sell wine, cognac and other types of strong alcohol. Individual entrepreneurs have the right to sell only low-alcohol drinks - beer, cider, mead and puare (pear cider), and exclusively at retail. The only exceptions here are those individual agricultural entrepreneurs who sell hand-made wines. Therefore, LLC is recommended first of all.


Are there any restrictions on the authorized capital?

For a public catering establishment, the authorized capital is 10 thousand rubles, for a store - from 250 thousand to a million rubles, depending on the region.


Are there any restrictions on the area and catering establishments in which it is planned to sell alcohol?

To obtain a license, you need a registered lease agreement for the premises in which you intend to store and sell alcohol, for a period not less than the period of obtaining a license. If the premises are owned by the organization, an appropriate certificate confirming this fact will be required. At the same time, the total area of ​​​​the hall and the warehouse where alcohol will be stored cannot be less than 50 square meters.

The institution cannot be opened near medical, educational and sports institutions. The minimum distance is 15-100 meters depending on the region. For Moscow and St. Petersburg, there are special location conditions: each district has its own radii of adjacent territories where the sale of alcohol is prohibited.

Only a stationary facility connected to the water supply, sewerage and other engineering and technical networks can obtain a license. There must be a toilet room for visitors with a room for washing hands. However, with the release of the new Decree No. 473 dated April 19, 2018, an organization that has a license to sell alcohol when providing catering services can sell alcohol not only at stationary facilities, but also on the road. The main thing is to comply with all the rules and notify Rospotrebnadzor 3 days before the event.


What are the main mistakes made when submitting documents? How to avoid them?

Before submitting documents, it is strongly recommended to check the presence of debts on taxes and fees. Even if it is 5 kopecks at the time of sending the documents, you may be refused. Be sure to order a reconciliation with the tax office, even if you have recently opened, and the accountant is sure that there are no debts.

Check the conformity of the dimensions of the premises and the location of the partitions with the plan. It must fully comply with the actual layout. And do not forget to check the correct location of the institution itself. Remember: it should be located at a distance from educational, medical and sports facilities.

Entrepreneurs often forget to register separate subdivision. It is important to remember that for each establishment where it is planned to sell alcohol, you need to draw up a checkpoint (code of the reason for registration in tax authorities), or if the legal and actual addresses do not match.

Since July 1, 2017, 54-FZ has been in force in the country, according to which entrepreneurs are required to switch to. The law has been in effect for almost a year (and will be supplemented with new provisions in July 2018), but business owners periodically forget to register cash registers. When you submit documents to Rosalkogolregulirovanie, it is important that you already have a CCP registration card.

Submit documents when the repair in your institution is not yet completed, signboards and information stands are not installed, - bad idea. It is better to wait for the completion of all finishing and other necessary work- the check will come up in 90% of cases, and by this moment everything should be ready.


What documents are needed to obtain a license?

  • Constituent documents;
  • Application filled in the form. For each region, the form may be different, so it is useless to look for universal patterns;
  • Lease agreement for a period not less than the period of obtaining a license or certificate of ownership;
  • Payment order for the state fee, which is 65 thousand rubles;
  • Certificate of contribution of the authorized capital (for the store);
  • Notification of the start of entrepreneurial activity with the mark of Rospotrebnadzor for cafes, restaurants and bars;
  • KKT registration card.

What else do entrepreneurs need to know?

Another important point worth mentioning. If everything goes well and you get a license, you need to immediately connect to EGAIS before the first delivery of alcohol. The same goes for retail.

Getting an alcohol license is not easy, so many entrepreneurs are worried about the correct paperwork and compliance with all the necessary conditions. But companies have already appeared on the market that can help in preparing all the necessary papers and advise at the right time.