Why can't alcohol be delivered to your home? Is the online sale of alcohol legal? Legal delivery of alcohol at night

Selling liquor at night is illegal, but almost every law has a hole you can squeeze through. Sometimes important events, requiring a bottle of champagne, occur at night - consider just such cases.

On January 1, 2013, a law prohibiting the sale of alcohol from 11 p.m. to 8 a.m. came into force in the Russian Federation. Under this ban were beer and other low-alcohol drinks. The punishment for the sale of alcohol to persons under the age of 18 has also been tightened.

There are countries in the world in which the introduction of restrictions on the sale of alcohol leads to a decrease in the level of its consumption.

In Norway, for example, after tightening the rules, alcohol sales fell from 20 liters to 3 liters per year per capita. But Russia is not Norway. After some confusion about limiting the time of sale, enterprising people realized that this was another reason to improve their financial situation.

Now, in order to get the desired alcohol at an inopportune time, you can write it out with home delivery. Of course, this will cost more, but after all, “thirsty” perform conscious actions or almost conscious ones.

It is not our task to worry about the health and morals of people who need alcohol at night. In the end, various situations are hypothetically possible when there is an urgent need for a bottle of champagne, for example. Let's talk about such cases.

Since the sale of alcoholic beverages in restaurants and bars at night is not prohibited, no one can prohibit an adult citizen from buying this alcohol and taking it to another person. This the new kind services are in good demand and not only at night. We will immediately make a reservation that you do not have the right to sell alcohol after 23.00. But in the legislation, as often happens, there is a loophole, even a few.

One option is to organize a club. For example, a club for lovers of cigarettes of a certain brand or lighters, or tea cups with the image of horses.

When joining this club, which, by the way, can take place at any time of the day, the applicant pays an entrance fee, and receives a bottle of alcohol as a gift. The method is beautiful, but fragile. The prosecutor's office may not appreciate the elegance of the move and close the shop.

The second scheme is more viable, although not so intricate. IN civil law there is the concept of "agency contract". When entering into such an agreement, you instruct the agent to carry out transactions on your behalf. The client on the phone expresses a desire to conclude an agency agreement with you.

You, taking into account his wishes, buy alcohol in a restaurant or bar (which does not contradict the law) and be sure to take a check. Deliver the order and give the check to the buyer. The client signs the agency report, which contains an indication that you have completed the order in full. You are clean before the law - you have fulfilled the order of the customer and he has no claims against you.

Implementation of the idea

First of all, you need to make sure that people interested in your services know how to find you. It is important. Internet advertising in this case should work. You may need to create your own website indicating the services and prices for them.

In the debut stage, you can personally deliver on your own vehicle. Over time, get helpers. It is necessary to take into account the urgency factor - customers do not want to wait long, and competitors are stepping on their heels. Therefore, as soon as possible, hire couriers with transport - a car, a motorcycle or a scooter.

The price of the goods will depend on the level of the establishment where you shop. It is advisable to find partners who are willing to sell goods on favorable terms for you.

The cost of alcohol delivery includes:

The price of the goods;
Fare;
administrative costs;
Payment for your service.

Customers who do not want to part with the amount you specified should not be served.

prospects

The prospects are very vague. Perhaps the state will take actions that will put such a business outside the law, then it will have to be curtailed or engaged in the delivery of permitted goods.

Almost 5 years ago, Moscow banned the sale of alcohol at night. Since then, an entire industry has been formed to satisfy the nightly demand for alcohol. Correspondent I.Q. Review Anatoly got a job in such a semi-legal office.

How to circumvent the law on the prohibition of the sale of alcohol?

It would seem that it is forbidden - so it is forbidden. If you trade, the police will catch you and that's it. It wasn't there. Smart people came up with the idea of selling ... souvenirs! And where does alcohol, the reader asks? And alcohol as a gift - for a lighter, a calendar card, a plush toy, in general, for any penny trinket. Nobody forbade giving alcohol! The dialogue when calling such an office looks like this:

— Hello, do you sell alcohol at night?

- No, no, it's forbidden. We sell souvenir lighters. We give alcohol!

— And how much for a lighter with vodka?

- 1300 rubles with delivery.

Online store selling alcohol

How does such a shady company work

In general, there is a certain level of conspiracy. With customers who ask a lot, they don’t talk, they hang up. Vacancies on job sites are not posted, of course, everything is through acquaintances. I had a distant friend in such a company who wanted to take a vacation and asked her to replace her for 2 weeks.

I met businessman Rustam (name changed - ed. note) in his car the next day at the subway. He immediately got down to business. They say, here are 3 phones for you, here is the price list, from 10 pm to 4 am “buhariki” will call, you write it down, you send the text message to the courier, what questions? It turned out that 2 phones - for 2 different sites, and one - for communication with the courier. At first I was confused.

Working as a telephone operator turned out to be dust-free. You watch a movie, answer the call every half an hour, from each order - 150 rubles. The most difficult thing is not to disturb family members who prefer to sleep at night.

Orders on weekdays were from 2 to 10. On weekends - 8-25. One courier worked on weekdays, 2 on weekends.

The organization itself consisted of:

the boss, whose duties included the purchase of alcohol and the collection of proceeds;
two couriers. The courier earned the cost of delivery, 300 rubles from the order plus a tip. Gasoline at the expense of the employer;
operator, that is, me. The whole function of the operator was to ensure that the owner slept peacefully, and the couriers did not steal;
webmaster all in one. He is a site administrator, a writer of texts, an advertiser, and a SEO specialist.

This is such a small organization.

Liquor delivery business - is it profitable?

Rustam turned out to be a talkative person. In communication, he gave out the whole alignment of his business: how much he pays to whom, what competitors and how difficult it is.

In general, the business is very simple, there are not so many risks. Once, on my shift, we made a test purchase. True, not, but television people, and showed the plot in the news. There were no consequences.

The whole business is kept on the site, so the only question is to promote it according to the largest number of suitable requests.

So, the alignment of this business in numbers.

The average bill without the cost of delivery is about 2 thousand rubles. The margin is about 80%. If you subtract the operator's money, this is about 700 rubles of benefit per client. Alcohol was bought in duty free, although Rustam said every day that it would be necessary to contact the suppliers of burnt vodka, otherwise everything was bad. Thus, the margin for the month was about 170 thousand rubles. Expenses had to be deducted from this money (the salaries of the operator and courier have already been taken into account). Approximately 12 thousand for gasoline, 15 thousand for the promotion of each site (the more sites, the more positions they theoretically could take), 10 thousand for protection against attacks on the site and the same amount for the administrator, 5 thousand for advertising, 9 thousand - for renting a warehouse. 60-80 thousand remained to the owner, provided that the plan was carried out.

Rustam constantly said that everything was bad, the plan was not being fulfilled and blamed the competitors. The main one, Alkotown, serves 200-300 customers a day with a separate courier for each district of Moscow and earns completely different money. You can calculate for yourself, the data on expenses are the same for everyone, plus or minus. However, as a friend told me, when she returned to work, he says so for all 5 years that they have been working together.

According to the "Rules for the sale of goods by remote means", approved by Decree of the Government of the Russian Federation of September 27, 2007 N 612, sale by remote means is not allowed alcoholic products, as well as goods, the free sale of which is prohibited or restricted by law Russian Federation.

Violation of these rules may determine the composition of an administrative offense under Art. 14.2 of the Code of the Russian Federation on Administrative Offenses.

State control (supervision) in the field of production and circulation of ethyl alcohol, alcoholic and alcohol-containing products includes

License control;

State supervision.

State supervision over compliance with the mandatory requirements for ethyl alcohol, alcoholic and alcohol-containing products is carried out by the authorized federal agency executive power in accordance with the legislation of the Russian Federation. The provisions of the Federal Laws of December 26, 2008 N 294-FZ “On the Protection of the Rights of legal entities And individual entrepreneurs in the implementation state control(supervision) and municipal control” and dated December 27, 2002 N 184-FZ “On technical regulation” (Article 23.1 federal law N 171-FZ).

Licensing control is carried out by licensing authorities within their competence in accordance with Federal Law N 171-FZ.

“Article 14.2. Illegal sale of goods (other things), the free sale of which is prohibited or restricted

Illegal sale of goods (other things), the free sale of which is prohibited or restricted by law -

shall entail the imposition of an administrative fine on citizens in the amount of one thousand five hundred to two thousand rubles with or without confiscation of the objects of the administrative offense; on the officials- from three thousand to four thousand rubles with or without confiscation of the objects of the administrative offense; for legal entities - from thirty thousand to forty thousand rubles with or without confiscation of the objects of the administrative offense.

In accordance with paragraph 1 of Art. 26 of the Federal Law of November 22, 1995 N 171-FZ "On state regulation production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products ”(hereinafter - Law N 171-FZ), retail sale of alcoholic products is prohibited in violation of the requirements of Art. 16 of Law N 171-FZ.

By virtue of paragraph 1 of Art. 16 of Law N 171-FZ, the retail sale of alcoholic products (with the exception of beer and beer drinks) is carried out only by organizations.

At the same time, paragraph 5 of this article provides that the bodies state power subjects of the Russian Federation establish for organizations engaged in the retail sale of alcoholic products (with the exception of organizations Catering), requirements for the minimum amount of paid authorized capital(authorized fund) in the amount of not more than 1 million rubles.

Part 3 Art. 14.16 of the Code of Administrative Offenses of the Russian Federation provides for liability for violation of other rules retail alcoholic and alcohol-containing products. At the same time, other rules mean the rules for the sale of alcoholic products established by regulatory legal acts. federal level, liability for violations of which is not provided for in parts 1 and 2 of this article.

“Article 14.16. Violation of the rules for the sale of ethyl alcohol, alcoholic and alcohol-containing products, as well as beer and drinks made on its basis

1. Retail sale of ethyl alcohol, including ethyl drinking alcohol (except for sale in the regions of the Far North and equivalent areas), alcohol-containing products under pharmacopoeial articles (except for products sold through a pharmacy network) or alcohol-containing flavoring and aromatic biologically active flavoring additives or wine materials -

shall entail the imposition of an administrative fine on officials in the amount of four thousand to five thousand rubles with confiscation of ethyl alcohol and alcohol-containing products; on legal entities - from forty thousand to fifty thousand rubles with confiscation of ethyl alcohol and alcohol-containing products.

2. Delivery or retail sale of alcoholic and alcohol-containing products without properly executed shipping documents, without a certificate of conformity for each item of product, without a certificate of cargo customs declaration or without a copy of it with the original seals of the previous owner (for imported alcoholic products) or without a certificate to the consignment note (for domestic alcoholic products), as well as the supply or retail sale of alcoholic and alcohol-containing products in containers and packaging that do not meet the requirements established by law, -

shall entail the imposition of an administrative fine on officials in the amount of four thousand to five thousand rubles with confiscation of alcoholic and alcohol-containing products; on legal entities - from forty thousand to fifty thousand rubles with confiscation of alcoholic and alcohol-containing products.

2.1. Retail sale of alcoholic products to a minor, if this action does not contain a criminally punishable act, -

shall entail the imposition of an administrative fine on citizens in the amount of three thousand to five thousand roubles; on officials - from ten thousand to twenty thousand rubles; for legal entities - from eighty thousand to one hundred thousand roubles.

3. Violation of other rules for the retail sale of alcoholic and alcohol-containing products -

shall entail the imposition of an administrative fine on officials in the amount of three thousand to four thousand rubles with or without confiscation of alcoholic and alcohol-containing products; for legal entities - from thirty thousand to forty thousand rubles with or without confiscation of alcoholic and alcohol-containing products.

On January 1, 2013, a law came into force that introduced restrictions on the sale of alcoholic beverages throughout the country at night, it is not entirely clear what the legislators wanted to achieve by introducing this document, but as life shows, everything turned out quite the opposite, appeared business delivery of alcohol at night at home. And if you take into account some of the nuances and take this matter seriously, then new niche in business gives a pretty good income.

The main obstacle that causes concern, and therefore not every second person is engaged in this business, is the obligation for violating the law. But here you can be calm, the methods below for selling alcohol at night are safe, legal and verified by entrepreneurs still working in this area.

So, when at 23-00 most decent citizens go to bed to sleep, the law on the prohibition of the sale of alcoholic beverages begins to take effect. And for someone who is in the business of delivering alcohol at night, only the beginning work time. But if you do not want, no one will disturb your sleep, hired employees can work for you.

Is there a demand for this kind of service?

First of all, it should be noted that no one has conducted such a study. But if you carefully study the results of statistics, you can see an approximate picture of the sale of alcohol. The traffic graph and the number of requests show that sale of alcohol after 22-00 and its delivery has become quite popular in recent years. And in holidays requests are especially active, but in the summer months, when the bulk of Russians go on vacation, deliveries fall, because there are no special problems with alcohol at the resorts.

You can also confidently say that in villages, small and large cities, there were, are and always will be "syndicates" that trade in moonshine, an incomprehensible alcohol-containing liquid and other suspicious "burda". If they are caught selling by a representative of the law, then the maximum you can get off with is a fine, which even in size does not exceed the overnight profit. But in this article, we will talk about a decent business that offers quality spirits with a different strength range.

So, carefully study the ways of selling alcohol at night, open your own business, and know that it is always easier to follow the "trodden path" than to "blaze the road" yourself.

The first way - agent services

Legislators, when they introduced a bill to ban the sale of alcohol at night, left the right to sell alcoholic beverages after eleven at night to cafes, restaurants and some catering establishments. This resulted in the first "loophole" delivery of alcohol at night. Undoubtedly, the ideal option is to be the owner of a restaurant or bar, but not everyone can afford it.

But anyone can conclude a contract for the delivery of alcoholic beverages from such establishments. The main thing is to emphasize that you are just an intermediary in the delivery of alcohol at night, and the food establishment carries out the sale. The contract must include the cost of delivery of alcohol. You set the difference and that will be your income.

The logical question is: Why can't a restaurant (bar, cafe, etc.) organize home delivery of alcohol at night?". The answer is simple: Nothing". Just by using your services, they will be able to realize more of it, so such proposals are always welcome by the owners. And if you also agree on a discount on "strong drinks", then your income can increase several times.

Required condition, for safety and legality purposes, when meeting with the police, you must have with you a receipt confirming the purchase of an alcoholic beverage at a drinking establishment and a home delivery agreement signed by the customer.

The second way is selling souvenirs

Imagine the following situation: two in the morning, fun with friends is in full swing, but, alas, the “fun” products have ended, you can order an excellent souvenir in the form of a small teddy bear, light it up or something else, and get a bottle as a gift - the second necessary drink. Only, unfortunately, the lighter will cost you a lot. But what to do, now lighters are in short supply ... But the essence of the method is clear. When delivering alcohol at night, include the cost of delivery and the price of alcohol in the price of the souvenir, and everything is in order! We remind you: the buyer gets alcohol as a gift!

The third way - "I will rent alcohol"

The name already speaks for itself. At night, it was forbidden to sell alcoholic beverages, but nothing and no one interferes with taking and renting them out. And when shops open at 8-9 in the morning, you can return the "debt". As far as we know, there has not yet been a single case of return. The scheme is quite simple and, most importantly, ingenious: the customer calls the phone number indicated in the ad, or leaves a request on the website, and asks to rent a bottle of something to him until the morning.

The courier brings an alcoholic drink, a lease, the customer makes a deposit in the amount of the cost of alcohol and delivery. For example, in Moscow, this method is still quite rare, but in Siberia and the Urals, the delivery of alcohol at night for rent has gained its popularity.

Safety first

As we see on legal grounds everything is completely feasible. Home delivery of alcohol at night has a substantial income and, note that practically no investments are required. But we must not forget about safety. After all, there are quite a lot of people who are eager to profit at the expense of another, and at the entrance, where alcohol delivery is required at night, several people who want to get alcohol by criminal means may be waiting for you. In the best case, such a meeting may end up with the fact that you will simply be robbed of alcohol. But such people can also cripple. There are all sorts of situations.

There are several methods of dealing with such "freeloaders":

Armed with personal protective equipment: gas cartridges, stun guns, traumatic weapons, etc. Or go to the delivery with security
Agree with the customer that he will go out of the house to the car for the order
Come up with your own defenses.

How can you still buy alcoholic drinks at night

There are several more options shopping for alcoholic drinks at night but their legitimacy is questionable. You can familiarize yourself with them, but it is not recommended to apply them in life.

To purchase "hot" drinks at night, you need to become a member of an interest club or any other public organization, which indicate some service to their members. For example, the sober driver service. As a member of the club, you are given a souvenir, for example, a book of comic toasts and, of course, a bottle of something. The membership fee is equal to the price of the gift and its delivery. From the method does not guarantee that in the future you will not deal with law enforcement officials.

And a completely “barbaric” method, but many practice it: go into a convenience store and go through the racks with liquor, and they are usually covered with a curtain or blocked with tape, twist the cork of the bottle. As a result, the product is not subject to sale, since it is already spoiled, at the checkout, pay for the “spoiled” bottle and take it with you. As we see this method absolutely unacceptable.

Summing up, we can say that for business delivery of alcohol at night to your home, if you do it legally, then nothing interferes with such earnings, the main thing is the desire to earn money.

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