Li ip sell vodka. Can a private entrepreneur sell alcohol? What is special about the system?

The sale of alcohol is a very responsible business, which, according to the law, not all business entities can carry out. In this article we will look at the issues of selling alcohol by entrepreneurs.

Legislative regulation of the issue

Legislative regulation of this issue is also carried out by other legal acts.

What drinks can an individual entrepreneur sell?

According to the legislation of the Russian Federation, the sale of alcohol is carried out by legal entities. But there are exceptions to this rule. Thus, an individual entrepreneur can carry out retail sales of the following alcoholic beverages when providing catering services:

  • Mead;
  • Beer;
  • Cider;
  • Beer drinks;
  • Poiret.

Important! Individual entrepreneurs can sell these drinks only when providing catering services.

Without providing catering services, peasant farms and individual entrepreneurs who, as agricultural producers, produced these drinks can sell wine and champagne.

What does the sale of alcohol mean when providing catering services?

As we have already found out, the sale of alcohol by entrepreneurs is possible when providing catering services. This means that sales are carried out in catering facilities that have a service hall.

Important! The main condition under which a sale will be considered completed when providing public catering services is that the container in which the beer or other alcohol-containing drink is located must be opened when it is released to the buyer.

This rule is described in paragraph 4 of Article 16 by Federal Law of November 22, 1995, number 171. And paragraph 7 of Article 16 of this federal law states that drinks purchased at a catering establishment must be consumed only at the place of purchase.

Restrictions on the sale of drinks

When selling drinks containing alcohol, the law provides for restrictions:

  • Sales are prohibited in buildings containing medical, educational and cultural organizations;
  • Selling in markets is prohibited;
  • Sales are prohibited at sports venues;
  • Sales are prohibited at public transport stops and on the transport itself;
  • Sales are prohibited in crowded places, airports and train stations;
  • The sale of alcohol to persons under 18 years of age is also prohibited;
  • Sale without marking, accompanying documents, declaration of conformity is prohibited;
  • Sales are prohibited when using a remote method (that is, ordered on the Internet, received from a courier, etc.);
  • A container containing more than 1.5 liters, if it is made of a polymer base, sale is prohibited;
  • Retail sales of such drinks are prohibited from 23:00 to 8:00, with the exception of cases of provision of catering services.

Does an entrepreneur need a license?

To sell weak alcoholic beverages, an individual entrepreneur is not required to acquire a license. Federal Law No. 171 of November 22, 1995 states the obligation to obtain a license with the exception of beer and other beer drinks. But the entrepreneur must be registered in the automated system EGAIS, which contains all the information about producers and distributors of alcohol in Russia. By connecting to EGAIS, an individual entrepreneur submits an application for registration with the RAR (Rusalgoregulirovanie) and receives a special module with the help of which interaction with the automated system occurs.

Fines for violations of the law

If the rules for the sale of products containing alcohol, determined by Russian legislation, are violated, offenders may be punished by a fine under the Code of Administrative Offences. Article 14.16 of the Code of Administrative Offenses introduces the following penalties for violators:

Offense

Amount of fine

Retail sale of ethyl alcohol

Illegal circulation of alcohol-containing products without documents

Official - from 10 to 15 thousand rubles, organization - from 200 to 300 thousand rubles

Retail sale of alcohol to a person under 18 years of age

Citizen - from 30 to 50 thousand rubles, Official - from 100 to 200 thousand rubles, organization - from 300 to 500 thousand rubles

Sale of alcohol in polymer containers over 1.5 liters

Official - from 100 to 200 thousand rubles, organization - from 300 to 500 thousand rubles

Illegal sale of alcohol by an entrepreneur, with the exception of the sale of beer and other beer drinks

Individual entrepreneur - from 100 to 200 thousand rubles

Important! When a fine is imposed for violations of the rules for the sale of alcohol, these drinks are confiscated from the seller.

conclusions

An individual entrepreneur can sell only low-alcohol drinks and only when providing catering services to the population. All individual entrepreneurs who carry out such sales are required to register in the EGAIS system and submit an alcohol declaration.

FAQ

Question: What should a seller do if there are suspicions about the age of the buyer when selling alcohol?

Answer: In this situation, you must ask for an identification document of the buyer and make sure that he is over 18 years old.

Question: After what time in the evening is it prohibited to sell alcohol?

Answer: Sales are prohibited from 23:00 to 8:00, but this rule does not apply in catering establishments. They can sell alcohol when providing catering services without restrictions.

Question: How does retail sales differ from sales in the provision of food service services?

Answer: When providing catering services, there must be a service hall with tables, and alcohol must be open and consumed on the territory of the catering facility.

Question: Does an entrepreneur need to purchase a license to sell beer?

Answer: No. This license is not required for individual entrepreneurs.

Question: Can an individual entrepreneur sell spirits?

Answer: No. An entrepreneur does not have the right to sell strong alcoholic beverages under the legislation of the Russian Federation.

When choosing areas of activity, every entrepreneur necessarily thinks about the possible prospects for the future of the business, the nuances and obstacles on the path to becoming and making a profit. After launching a small store selling essential goods, in the future there is a desire to increase the range of products. In the list of goods, the sale of which will increase the revenue of a retail outlet, the leading place is taken by alcohol (cognac, liqueur, wine, beer, etc.). By trading such goods you can expand the circle of buyers and get new ones. Therefore, issues related to the sale of alcohol-containing products are relevant for individual entrepreneurs.

Restrictions on the types of activities of individual entrepreneurs

Entrepreneurial activity, as well as the ability to exercise rights and fulfill obligations, are limited solely by the organizational form in which it is carried out by the entity, as well as by the facts of compliance with the conditions established by the legislator for conducting certain types of business.

A negative aspect of the status of an individual entrepreneur is that not all types of activities are available to him. Due to the framework established by law and due to increased control over certain sectors of the economy, some types can only be carried out by organizations (legal entities).

An individual entrepreneur (individual) has the right to implement a smaller list of activities compared to organizations.

He has no right:

  • produce and sell medicines, firearms and other weapons;
  • create investment funds;
  • conduct business related to gambling;
  • open an agency for hiring citizens to work abroad;
  • supply electricity;
  • and others.

If such a prohibition is violated, administrative or criminal penalties can be applied to the entrepreneur. So does an individual entrepreneur have the right to sell alcohol?

The concept and procedure for the circulation of alcoholic products

Vodka, cognac, as well as spirits, wine, beer and some other types of alcohol-containing products are classified as alcoholic products. The rules for the production and circulation of such goods are determined by the relevant federal law.

It is necessary to pay attention to the fact that the legislator allowed state intervention in the circulation of alcohol-containing products. Thus, federal bodies received the authority to regulate prices for this type of goods by issuing regulations. They set a minimum selling price, including retail price, for certain types of alcohol.

According to current legislation, it is possible to produce and sell (buy, store) alcohol and other alcohol-containing products, including food, to business entities only if they have a license. Such licensing is implemented by the constituent entities of the Russian Federation represented by the relevant government bodies. Additionally, the legislator indicated that permits are issued exclusively to organizations - legal entities, to which an individual entrepreneur does not belong.

However, legislative acts do not establish a categorical ban on individual entrepreneurs selling alcohol at retail. The law regulating the circulation of relevant products determines that a license is obtained for the sale of not all products containing alcohol.

The sale of beer, mead and cider is not subject to licensing. In addition, the legislator indicated that individual entrepreneurs can sell them at retail.

Peculiarities of retail trade in alcoholic beverages for individual entrepreneurs

As mentioned above, an individual entrepreneur can sell beer and other certain types of alcoholic products without a license. But this is not the only exception. The right to sell other types of alcohol (wine, champagne) produced by an individual entrepreneur independently, which he received as an agricultural producer, is also granted.

Beer is a popular alcoholic drink that individual entrepreneurs are given the right to trade. In this case, it is advisable for the latter to take into account the following conditions (requirements) for the legality of its activities.

The law obliges sellers to use cash registers (cash registers). But if an entrepreneur is on UTII or works with the help of a patent, he can refuse to use cash register equipment.

To do this, you must observe the following:

  • sell beer drinks at retail;
  • issue the buyer (upon request) with documents confirming payment (receipt or other strict reporting form).

Additional requirements apply to products sold by individual entrepreneurs. The label must include information about the amount of alcohol in the contents and contraindications for alcohol consumption. You can also add other information (about certification, etc.).

Individual entrepreneurs who are entitled to retail trade in beer and beer drinks are required to own stationary retail facilities and corresponding warehouses for this purpose. The exception is cases of trade in the provision of food services in bars, cafes, and restaurants.

In addition, it is also necessary to take into account a number of beer retail conditions.

Other restrictions on the sale of beer drinks

There is a ban on the sale of alcohol, including beer, to consumers:

  • close to medical and educational organizations,
  • at and near sports facilities;
  • in cultural institutions, with the exception of the provision of catering services;
  • etc.

You cannot sell beer to persons under 18 years of age. In addition, throughout the Russian Federation there is a ban on retail beer sales from 23.00 to 8.00 outside cafes, restaurants and other public catering places.

In some regions, the specified time regime for the sale of alcohol may be tightened on the basis of the relevant regulations.

For violation of the above rules, individual entrepreneurs can be brought to administrative or criminal liability. If the first, traditionally, is limited to a fine, which can reach two hundred thousand rubles, then within the second sanctions are more varied - this includes a fine, correctional labor, and a ban on this type of activity for a specified period.

Special reporting for beer trading

An individual entrepreneur who sells retail alcohol is required to keep records and declare the volume of sales. For this purpose, a special declaration form is submitted quarterly. It is approved by the government. Submission is carried out electronically using a special signature, and only in exceptional cases can this be done on paper.

The body to which the reporting is submitted refers to government bodies at the level of a constituent entity of the Russian Federation. It can be determined by the place of registration of the individual entrepreneur. A copy of the declaration is sent to the relevant federal agency for regulating the alcohol market in electronic form within 24 hours.

The legislation defines liability for failure to submit a declaration on time or distortion of the data presented in it. It is limited to a fine, the amount of which for individual entrepreneurs ranges from 5 to 10 thousand rubles.

Can an individual entrepreneur engage in wholesale beer trade? If possible, please write the reason why an individual entrepreneur can or cannot engage in wholesale beer trade.

“On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products.”

Wholesale trade in beer is permitted only to legal entities. This rule is established by paragraph 1 of Article 11 of Law No. 171-FZ.

Retail trade in beer is permitted for both individual entrepreneurs and legal entities.

The rationale for this position is given below in the materials of the Glavbukh System vip version

1. Article:Sale of alcohol: when to pay UTII

Trading activity in itself is not easy, and if the product is alcoholic products, then the questions become an order of magnitude greater. We will talk about what features need to be taken into account when trading this product, as well as in what cases the sale of alcohol is recognized as an “imputed” type of activity.

The sale of alcoholic products on the territory of the Russian Federation is regulated by Federal Law No. 171-FZ dated November 22, 1995 “On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products” (hereinafter referred to as Law No. 171-FZ) and the Rules for the sale of certain types of goods approved by the resolution Government of the Russian Federation dated January 19, 1998 No. 55 (hereinafter referred to as the Rules).*

Thus, you can sell light alcoholic drinks in any premises (subject to other requirements), and strong ones - only in premises that are suitable for their sale.

2. Article:What to include in the October “alcohol” declaration

"ALCOHOL" DECLARATION

Approved by Decree of the Government of the Russian Federation dated 08/09/12 No. 815, and the procedure for filling it out - by order of the Federal Alcohol Regulation Agency dated 08/23/12 No. 231.

For rent wholesale and retail sellers of alcohol and beer, including individual entrepreneurs.*

For being late a possible fine for a company is from 30 to 40 thousand rubles, and for its manager - from 3 to 4 thousand rubles (Article 15.13 of the Code of Administrative Offenses of the Russian Federation).

Peculiarity: everyone reports electronically to Rosalkogolregulirovanie, and retailers first submit a declaration to the regional alcohol control authority (possibly on paper).

According to the current legislation of the state, only organizations operating in this field of activity are allowed to engage in wholesale trade in alcohol. And beer and drinks based on it are allowed to be sold both to relevant companies and individual entrepreneurs. Also, individual entrepreneurs and organizations have the right to sell sparkling and regular wines without registering as a legal entity.

Benefits from the sale of alcoholic beverages

Both the sale and production of alcoholic beverages is a fairly profitable type of business activity. But in order for this process to really bring in money, it is necessary to carefully consider its organization. To start selling alcoholic products, you must obtain a license. It is such a document that will allow trading according to the law.

What type of alcoholic beverages are available to individual entrepreneurs?

Individual entrepreneurs are allowed to sell beer. Such a resolution is provided for in the legislation of the country. However, before you start trading this drink, you need to take into account that there are certain restrictions on the sale:

  • It is not allowed to sell beer and alcoholic beverages based on it near schools and preschool institutions;
  • It is not permitted to sell these drinks in kiosks located near public transport stops or in recreational parks;
  • an alcoholic drink whose strength exceeds five percent must be sold in appropriate stores.

It is worth considering that the current legislation provides for an amendment that allows local officials to introduce some restrictions regarding the sale of alcohol in a certain area. To eliminate misunderstandings with local authorities, you should first clarify what specific amendments have been made by local authorities, and then proceed with the preparation of documentation.

Both individual entrepreneurs and relevant organizations are allowed to sell beer and drinks based on it at retail. Wholesale trade can be carried out by a legal entity that is registered with a government agency.

Is a permit required to sell beer?

For each individual entrepreneur who decides to start selling beer legally, special documents are required. Many people ask the question: can an individual entrepreneur start selling alcoholic beverages without having the appropriate license in hand? There is an amendment to the current legislation that allows this drink to be sold by a private entrepreneur without paper. However, both individual entrepreneurs and any organization must prepare a complete list of documentation. To start legal sales you will need:

  1. A certificate indicating the quality of the product being sold.
  2. A package of documentation that will indicate where the product for sale was manufactured.
  3. Approved certificate for alcoholic products.

The quantity of products sold must be strictly declared, and a document drawn up in accordance with all the rules must be submitted to the state trade control body. For submission, you need to prepare the papers in advance so that they arrive at the institution no later than the tenth of each quarter. The declaration must be submitted to the control authority that registered the individual entrepreneur, as well as to the tax supervision of trade. If such a document is not submitted on time or the time for its submission is missed, a fine will be imposed on the individual entrepreneur. The first fine for illegal trade in alcohol for an individual entrepreneur is 3,000 rubles, a second sanction can be as high as 100 thousand, and criminal liability is also provided for an entrepreneur or organization.

Where can you sell beer?

Individual entrepreneurs are allowed to engage in the sale of beer drinks only in stationary premises. These can be shops or supermarkets, outlets specially equipped for selling alcoholic beverages. Such premises must provide certain dimensions:

  • for a store or retail outlet located in a rural area, the minimum area size must be 25 square meters;
  • for similar premises located within the city, the minimum area should be 50 square meters.

The great philosopher of past centuries, Pythagoras, wrote, addressing the leaders who set laws in society, that trade does not tolerate laws, like the ocean ruffling ships.

Russian representatives of small businesses have come up with a new mechanism for retail alcohol sales. How does this happen? To do this, an agreement is concluded with organizations that have a license to trade this type of product. Below we give the reasons for the emergence of this scheme and its mechanism.

Basic state standards for retail trade in alcoholic beverages

The document regulating these standards is Law No. 171 - Federal Law “On state regulation of the production and circulation of ethyl alcohol and alcoholic products” dated November 22, 1995.

Private entrepreneurs must comply with the following rules:

  • business entities do not have the right to engage in trade
  • alcoholic beverages, but only organizations - legal entities.
  • The authorized capital must be no more than 1,000,000 rubles. The capital of a small business is much smaller than that of a large business. The management system largely depends on the region of the country.
  • In order to have the right to sell alcoholic beverages, you need to obtain a license.
  • A state duty in the amount of 40,000 rubles is transferred to the budget annually.

For private businesses, the process of obtaining a license is labor-intensive.

Alcohol trade scheme

The main loopholes for the application of this scheme lie in the law itself, namely:

  • it requires the store to have an area of ​​more than 25 m2 in suburban areas and 50 m2 in urban areas.
  • the retail outlet must be located at a remote distance from medical institutions and secondary schools, sports institutions, airports and railway stations.

The government approved the resolution “On the establishment by authorities of the constituent entities of the Russian Federation of places of mass gatherings of people and locations of sources of increased danger, in which retail sales of alcoholic beverages are not permitted.” Regional centers require municipalities to establish the boundaries of the territory free from the sale of alcohol.

A number of other legal requirements

Since 2013, a ban on the sale of beer and beer drinks without the use of cash register equipment has come into force.
If all of the above requirements are met, then the entrepreneur can rent or sublease several square meters to an organization (legal entity) that has permission to sell alcohol.


The rental cost, as a rule, is tied to trading revenue and is 20%.

The tenant issues a monthly invoice for rent, taking into account the proceeds from sold products, and the legal entity pays the invoice after taking inventory of the goods.

Basic Trading Standards

In order to succeed in business, you need great talent, but does a talented person need to spend it on business? (Lipkov)

  • The sale of alcoholic beverages occurs through a special cash register.
  • An employment contract must be drawn up between the legal entity and the seller. This doesn't actually happen.
  • Selling alcohol under an agency agreement is prohibited.

Positive aspects of this process

  • There is no need to obtain a license and the store owner has no expenses for obtaining one.
  • a private entrepreneur makes a profit from the sale of alcohol and bears virtually no responsibility.
  • the owner of the outlet does not need to pay for the products, since the supplier imports them at his own expense.

Negative aspects of this scheme

  • Due to the fact that the markup on goods is fixed in the rental agreement, the store owner cannot change it.
  • the assortment remains unchanged, since the products of a specific supplier are sold.
  • rent payment is a constant amount and is fixed in the contract. Otherwise, a private entrepreneur would set a markup of 30 percent.

An example of how the above scheme works in practice

For example, entrepreneur Ivanov (PE) is going to start selling liquor and vodka products in his grocery store. Since he does not have a license to sell this type of product and the process of obtaining this license is very complicated, he turns to King of Alcohol LLC, which in turn has a license to sell this product.

Trade unites people among themselves into a universal brotherhood of mutually dependent interests (Abraham Garfield)

After checking the compliance of the outlet with all the norms of state law, business entities enter into an agreement according to which King of Alcohol LLC rents a department in the store from the private enterprise. The rental amount is established in the contract and is 20% of revenue. The private enterprise installs the cash register, and King of Alcohol LLC supplies the products at its own expense.

If, for example, within a month, revenue from the sale of alcoholic products is received in the amount of 200,000 rubles, then at the end of the month, based on the results of the inventory of balances, King of Alcohol LLC must transfer the rent to the entrepreneur in the amount of 40,000 rubles.


sovetprost.ru

Do you need a license?

Individual entrepreneurs can freely sell alcohol that contains less than 6% alcohol without an appropriate license. The following types of unlicensed alcoholic beverages can be distinguished:

  • Beer drinks;
  • Poiret;
  • Honey drink;
  • Cider and other alcoholic drinks

Alcohol containing more than 6% alcohol will require a specialized license, including: cognac drinks, vodka drinks, wine products, etc.

Low alcohol drinks

Although a license is not required to sell low-alcohol (less than 6% alcohol) products, the selling party represented by individual entrepreneurs, starting from 2016, must be connected to the EGAIS system.

The EGAIS system is a unified automated system that collects information on the production and movement of alcoholic products. Although EGAIS has existed for many years, the regulatory framework is only becoming stricter every year.

From January 1, 2016, individual entrepreneurs are required to enter data on purchases of alcoholic and low-alcohol products into the unified EGAIS database; however, data on the level of sales is not required. For now, EGAIS is mandatory for use in cities, but from January 1, 2018, this system must be connected in all settlements. The only exceptions are the Republic of Crimea and the city of Sevastopol.

Features of the EGAIS system


In order to legally sell alcoholic products, you will need to install a special transport module. It connects independently to a personal computer that has access to a cash register and requires the following recommended characteristics from the PC:

  • The amount of RAM is at least 2 GB;
  • Central Processor frequency - at least 1.8 Hz;
  • Operating system (OS) - Microsoft Windows 7 and version higher;

You will also need to register on the RusAlgoRegulation website with opening a personal account and entering personal data about the individual entrepreneur. After registering and connecting the module to the PC, we download and install special software on it. To start working with EGAIS, you will need to purchase a special electronic key (JaCarta), which allows you to access the registry; its cost does not exceed 4-5 thousand rubles.

The EGAIS system for individual entrepreneurs will work according to the following principles:

  • The supplier delivers the goods to the point by issuing a trade bill of lading (TTN);
  • Next, the data from the TTN is manually entered into the EGAIS register;
  • Then the individual entrepreneur, using the same EGAIS system, receives a clarifying document and checks it with the provided consignment note;
  • If all the numbers agree, then the entrepreneur confirms this, and if not, then a statement of discrepancy is drawn up.

The system is quite simple and understandable to anyone who knows how to use a PC at the Excel and Word level.

Features of the sale of alcoholic beverages

From January 1, 2016, individual entrepreneurs are required to keep a specialized logbook for alcohol sales, recommended by RusAlcoholRegulation; on the official website you can find and download all the necessary samples and established forms. This journal is also registered in the EGAIS system. You can keep a log either manually or using electronic systems.

The log should include:

  • Address of the retail outlet;
  • Data on the sold product (serial number, date of sale, barcode, name, ORK code, container volume, quantity)

This magazine is required to be filled out in cafes and catering establishments, in retail food chains, restaurants, clubs and at the place of relevant activity. Data can be entered both on the day of sale (sale) of alcohol and on the next day, but not later and not earlier.


It is acceptable that the 68-character code is not recorded, and other important changes were made to the log in 2016. For the absence of a sales register or the absence of an entry in it, an individual entrepreneur is subject to a fine of 10-15 thousand rubles.

infinica.ru

Does an individual entrepreneur have the right to sell alcohol?

Vodka, cognac, as well as spirits, wine, beer and some other types of alcohol-containing products are classified as alcoholic products. The rules for the production and circulation of such goods are determined by the relevant federal law. According to current legislation, it is possible to produce and sell (buy, store) alcohol and other alcohol-containing products, including food, to business entities only if they have a license.

Although a license is not required to sell low-alcohol (less than 6% alcohol) products, the selling party represented by individual entrepreneurs, starting from 2018, must be connected to the EGAIS system.

The EGAIS system is a unified automated system that collects information on the production and movement of alcoholic products. Although EGAIS has existed for many years, the regulatory framework is only becoming stricter every year.

New requirements for the sale of alcohol for entrepreneurs on imputation

You cannot sell alcohol: When you need to obtain a license to sell alcohol A license will only be needed by organizations on UTII that sell strong alcohol at retail.

Low-alcohol drinks - beer, cider, poire, mead - are sold without special permission. Individual entrepreneurs have the right to sell only low-alcohol drinks. Therefore, there is no need to license activities.

Selling alcohol without a license - opportunities and risks

The law also provides for certain exceptions regarding licensing - not all alcohol-containing products require a permit in order to trade them. What alcohol can be sold without a license? Low-alcohol drinks are an exception: All other products, including wine and spirits, can only be sold with a license for the retail sale of alcohol.

Individual sales of alcohol, strong alcoholic drinks

“On licensing of certain types of activities” (SZ RF, 1995, No. 1, Art.

69). In addition to this, the types of activities subject to licensing may be established in separate federal laws and regulatory decrees of the President of the Russian Federation. 4. This crime is committed intentionally, i.e.

e. the perpetrator is aware of the illegal, illegal nature of his activities.

What is the fine for selling alcohol without a license in 2018?

As for LLC, the penalty here will be 50,000 - 100,000 units of national currency. Until the last revision, individual entrepreneurs were forced to pay a fine of 3,000 - 4,000 rubles, and LLCs - from 30,000 to 40,000 rubles. Also, all illegal products must be confiscated.

Alcohol license 2018: types, prices, application procedure

If you want to find out how to solve your particular problem, contact a consultant: The sale of alcohol-containing products, subject to licensing, is divided into: wholesale - upon receipt of such licenses, additional requirements are put forward for the availability of warehouse premises of sufficient space and appropriate technical characteristics; retail - for catering establishments, cafes, bars, restaurants, shops.

How does an individual entrepreneur sell alcohol?

Private entrepreneurs can engage in production, purchase and sale, and provision of services in order to make a profit. Are private businesses allowed to sell products containing alcohol?

Features of the sale of alcohol by private entrepreneurs

In case of violation of the law, that is, in the case of trade in alcoholic beverages, the merchant may be held administratively liable.


The sale of alcohol by an individual entrepreneur may become the basis for the imposition of a monetary penalty in the amount of up to 5 thousand; alcoholic products are subject to confiscation.

You cannot sell alcohol:

The law prohibits the sale of alcoholic beverages to persons under 18 years of age. If there is any doubt about whether the buyer has reached the age of majority, the trade worker has the right to demand an identification document.

If these requirements are violated, the business owner may be subject to both criminal and administrative liability.

Beer turnover is carried out on the basis of accompanying documents; a declaration on the volume of retail sales of beer and beer drinks is submitted. In the absence of a document, the circulation of alcoholic beverages is considered illegal and is subject to confiscation.

vash-yurist102.ru

EGAIS tasks for beer in retail trade

The main task of the system is the following:

  • Full accounting of the production and sales of any alcoholic products by manufacturers, up to the indication of the city in which it was placed in the container, as well as volume, strength and name.
  • Accounting for imported alcoholic beverages to control the accrual of excise taxes.
  • Collection of information on excise stamps to control the production and sale of alcoholic beverages.
  • Analysis of the implementation and development of alcohol production within the Russian Federation.
  • Preventing the sale of counterfeit products in the Russian Federation by checking documents sent to each other by the supplier and the buyer.

Who should report through EGAIS:

  • Wholesale companies involved in storage, purchasing and delivery.
  • IP when purchasing.
  • Catering organizations (cafes, restaurants, bars) - upon purchase.
  • Stores selling beer within the city - for retail sale (from July 1, 2016).

    For those who trade in rural settlements, the obligation to report through the system for sales begins on July 1, 2017, and for purchases the deadlines are the same as for all other market participants - from January 1, 2016.

Thus, EGAIS for individual entrepreneurs selling beer is necessary to provide data, and this must be done by both entrepreneurs selling beer drinks on tap and those who sell them in regular containers.

Retail individual entrepreneurs or LLCs located in the Republic of Crimea will have to send data on completed purchases only from July 1, 2017.

How to work in EGAIS: beer accounting

An approximate scheme of cooperation with suppliers according to EGAIS for those who trade in retail looks like this:

  • Before delivering the ordered goods to the buyer, the supplier fills out invoices, and also indicates them in the system itself in the balances.
  • The organization that ordered the products receives invoices through a universal transport module - a program created to send all information to the system, which is installed on a PC.
  • Having received and recalculated the quantity of ordered goods, the buyer (store) compares all the data with the documents. If the receipt corresponds to them, he approves this by sending confirmation to EGAIS.
  • After sending the notification, the received volume of alcohol is debited from the remaining quantity of goods of the supplier and credited to the balance of the customer.
  • If the actual goods received do not correspond to the data in the documents (for example, the supplier brought less beer than indicated), the buyer can either refuse the product or accept it, and the shortage will be recorded in the system. The same goes for surpluses.

All these actions are necessary to control the products sold by the supplier: how many goods he sent to the retail outlet and how many ultimately arrived.

What equipment is needed and how to connect to EGAIS for beer?


To start working in the system, you must do the following:

  • Register on the FSRAR RF website and create a personal account.
  • Contact the organization that issues Jacarta crypto keys to purchase it. It is required at all points of sale.
  • After receiving the crypto key, record a Qualified digital signature on it.
  • To issue a digital signature (digital signature), you must contact the organization authorized for this and provide an extract from the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs, a pension certificate SNILS, INN, OGRN, passport, application and, if necessary, a power of attorney for a person authorized to handle such matters. The CEP certificate is valid for 1 year, after which it must be renewed.

To work in EGAIS, you must also comply with certain equipment requirements from a technical point of view:

  • Processor with a 32-bit capacity and a frequency of 2.0 GHz.
  • Internal memory from 2 GB.
  • Scanner with PDF417 reading function (except for IP without CCT).
  • Network controller 100/1000 Mbps.
  • The volume of network storage is at least 50 GB.
  • Operating system: Windows 7 Starter and higher.
  • Jawa 8 or higher system software.
  • The software for EGAIS issued by Rosalkogolregulirovanie can be obtained completely free of charge.

From the outside, working with the system looks something like this: a buyer comes to the store, selects the desired drink and goes to the cash register, where the seller uses a scanner to read the code on the excise stamp. After reading, the information enters the cash register software, which subsequently sends it to the system. In this case, there is no need to keep records of retail sales, however, for individual entrepreneurs who are exempt from using cash registers, it is not necessary to purchase a scanner.

Responsibility for failure to provide data to EGAIS

In Russia, the control scheme for the sale and production of alcohol-containing products has been regulated by Federal Law No. 171-FZ since 1995, to which additions are regularly made. Responsibility for violating the norms of this law, which includes the obligation to work with Unified State Automated Information System, begins only on July 1, 2016 and is punishable by considerable fines under Art. 14.19 Code of Administrative Offenses of the Russian Federation:

  • For an individual entrepreneur - 10,000-15,000 rubles.
  • For a legal entity - 150,000-200,000 rubles.

Here, those who use cash register systems should take into account one important nuance: if there is no online exchange through the system, then it will not be possible to count the quantity of products and punch receipts when selling - which means it will not be possible to sell it.

warmedia.ru

What kind of alcohol can an individual entrepreneur sell?

In 2018, in order to engage in the sale of alcoholic beverages, it is necessary to obtain a license if the drinks that are planned for sale contain at least 6% ethyl alcohol. But they can sell low-alcohol drinks, for which a license is not required. These include:

  • beer;
  • poire;
  • mead;
  • beer drinks;
  • cider and others.

Features of trade in low-alcohol drinks in 2018

In 2018, changes occurred in the trading process of both alcoholic and low-alcohol drinks. This is due to the mandatory connection of individual entrepreneurs who are engaged or planning to engage in the sale of low-alcohol drinks to the Unified State Automated Information System. The latter is a unified state automated system that collects information on how much ethyl alcohol, alcoholic and low-alcohol products are produced and sold. EGAIS has existed for about 10 years. But in 2018, this framework is being tightened to implement state control over the volumes and use of these products in the country’s markets.

It is worth noting that this year beer comes under very careful control, which is associated with large volumes of counterfeit products on the market for these products. It is EGAIS that will help control the quality of products in everyday life, as well as the payment of excise taxes from manufacturers.

Therefore, individual entrepreneurs who sell beer or other low-alcohol drinks must enter purchase data into the Unified State Automated Information System database. They do not have to report sales in this system, namely the number of products purchased for subsequent trading.

To start transferring information to this registry, you need to install a universal transport module. You can connect to the database yourself without submitting any additional applications.

The algorithm for setting up communication with EGAIS is as follows:

  1. check the data of your computer equipment, which must meet the following parameters:
  • RAM – at least 2 GB;
  • core – at least 2 GHz;
  • operating system – Windows, but versions from 7.
  1. register on the official website of RosAlcoRegulation egais.ru, immediately opening a personal account in which you need to enter all additional data;
  2. Next, you need to download to your equipment the already mentioned program, a universal transport module that will connect the point of sale of alcohol and the Unified State Automated Information System;
  3. The next stage of integration into this database is the purchase of a special crypto-key such as JaCarta, as well as adding a qualified electronic signature to it. The cost of these procedures will be within 4 thousand rubles.
  4. The installation of the universal module should be carried out on the equipment that is directly used in the process of selling alcohol, namely on the computer where the cash register program is installed.

The EGAIS notification system for individual entrepreneur purchases will work as follows:

  1. the supplier delivers the goods to the point of sale or storage warehouse, issuing a trade bill of lading (TTN);
  2. The supplier does not give the TTN to the individual entrepreneur who ordered the products, but enters it into the Unified State Automated Information System;
  3. an entrepreneur who is engaged in the trade of these low-alcohol drinks also receives a document using the funds in this database, after which he checks the delivery with the TTN;
  4. the result of the check is entered into the Unified State Automated Information System, namely a confirmation if all the numbers agree, or an act of discrepancy if there are inaccuracies.

The system is designed in a fairly simple way. Entrepreneurs can easily install all the necessary applications on their own and actively use them within the law. But there are also service departments that can provide services for setting up EGAIS programs for a fee.


Additional documentation for those who sell beer

Individual entrepreneurs who plan to continue activities related to the sale of low-alcohol drinks in 2018, or start it, should know that from the first day of January they need to keep a log of beer sales. Its form and rules of administration were drawn up by RosAlkoRegulation, which also controls the Unified State Automated Information System.

Filling out this log can be done either manually or using various automated programs in which the corresponding accounts will be created.

The main part of the journal should contain the following information about the individual entrepreneur who trades alcoholic beverages:

  • address of business activities for the sale of alcohol.

The beer sales journal itself is a form that consists of the following columns:

  • serial number;
  • date of sale of goods. If beer is sold in a catering establishment, then the day on which the container was printed must be entered in the form;
  • barcode, which is indicated on the excise stamp;
  • the name of the low-alcohol product, although for alcohol this form should also be used;
  • product code according to the generally accepted Russian classifier;
  • packaging volume, which indicates the amount of drink in the container sold;
  • the number of containers that were sold.


Rules for filling out the sales journal

There are several basic rules for filling out a sales log of beer or other low-alcohol drinks, if we talk about individual entrepreneurs:

  1. it is filled out at the location of the relevant activity, that is, where the individual entrepreneur sells this alcohol;
  2. You must fill in the sales data no later than the next day after the sale;
  3. in cafes, restaurants or other establishments of a similar type in which an individual entrepreneur sells beer or other low-alcohol drinks, enter the date of sale, the date when the container of alcohol was opened.

It is worth noting that the ability to enter data into the journal the day after the sale, but not later, appeared only in 2017. Previously, the procedure for maintaining such a document required those who sold alcohol to enter data on the sale immediately on the day of sale. Filling out this form also allows you to not fill out the 68-character code from the alcohol brand. The columns in which it was necessary to enter data about the alcohol manufacturer were removed from the 2018 sales log, which greatly simplifies its completion. True, at the same time there was a need for daily summing up.

Keeping a journal to record the sale of alcohol, as well as low-alcohol drinks, is possible in the following way:

  1. paper format;
  2. electronic file.

A paper file involves manual journaling, that is, entering data into all columns yourself.

An electronic journal file is much more convenient and profitable for individual entrepreneurs. This is due to the fact that it can already be automatically generated by connecting to EGAIS. Since connecting an individual entrepreneur to the latest database is mandatory, then compiling a log will not be difficult at all. If you use this particular method of keeping a log of the sale of alcoholic beverages, then you don’t have to fill out the last 4 columns, namely:

  • name of the drink;
  • code of product;
  • container volume;
  • quantity.

This journal is not difficult to maintain and fill out, so be sure to adhere to the law and maintain it. After all, if the sale of beer or other low-alcohol drinks to an individual entrepreneur does take place, and this is not entered into the alcohol sales register, then the entrepreneur will have to pay a fine of 10-15 thousand rubles.

 

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