The Law on the Sale of Beer regulates the sale and production of beer products in the Russian Federation and abroad. The beer law has undergone significant adjustments since January 1, 2017. In particular, they relate to beer sales locations, licensing and new packaging. The draft beer law applies to both wholesale and retail trade. Now individual entrepreneurs selling beer must register with EGAIS.
The federal law on the sale and turnover of alcoholic beverages, ethyl alcohol and alcohol-containing preparations came into force in November 1995. The law includes four chapters and twenty-seven articles. It regulates the trade turnover and production of alcohol and products containing alcohol in the Russian Federation. The latest amendments were made to the law on July 3, 2016, and come into force on July 1, 2017. Brief content of the Federal Law of November 22, 1995 No. 171-FZ on State regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products:
- The first section establishes the general provisions of the law and the powers of government bodies in the sphere of production and turnover of products;
- The second section regulates the requirements for manufactured products and trade turnover in the Russian Federation and abroad;
- The third section establishes the licensing procedure for the production of alcoholic and alcohol-containing products;
- The fourth section establishes control and responsibility for non-compliance with Federal Law -171.
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The provisions of the Federal Law on state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products provide information on the procedure for the sale and production of alcohol and products containing ethyl alcohol.
The updated FZ-171 can be downloaded
Latest changes
The law on beer has undergone significant changes since January 1, 2017 in Article 11, Article 6.1 of the Federal Law and in Article 16. In particular, they relate to the veto on the production and circulation of alcohol in plastic packaging with a volume of more than 1.5 liters.
From the first of July of this year, the change applies not only to wholesale producers, but also to retail ones, as indicated in Article 16, paragraph 15 and paragraph 2. Federal Law - 171. How to sell beer under the new law?
According to the new amendments, Article 16 of Federal Law No. 171 establishes a ban on the sale of beer products in the following territories and facilities:
- Medical institutions, schools, kindergartens, universities;
- Cultural and sports facilities;
- In public transport and at transport stops;
- Places with large crowds of people - markets, train stations, airports, except public catering outlets;
- Military and strategic objects.
Beer is allowed to be sold in official stationary retail outlets entered into the Unified State Register of Real Estate. According to the new amendments, it is prohibited to sell beer in temporary structures (kiosks, stalls). You cannot sell beer remotely. For those trading platforms where not only beer, but also other alcoholic products are sold, there is a limitation on area:
- From fifty sq.m. for cities;
- From 25 sq.m. for villages
If only beer products are sold, then there are no restrictions. Also, the State Duma did not approve a ban on the sale of draft beer in non-residential premises located in apartment buildings, but in some regions such a ban works at the regional level.
The time period for beer sales is set between 8 a.m. and 11 p.m., except for catering facilities. According to the new law, it is allowed to sell draft beer if the retail facility operates as a catering outlet, for example, a bar-shop, a summer cafeteria. Thus, it is possible to sell beer in the territories of social and cultural places (theaters, concert halls, etc.) if children are not involved in the events. The same rule works for other objects.
The new provision in Article 11 defines a ban on production in plastic containers if the volume exceeds one and a half liters. This applies to both wholesale and retail producers of draft beer. Since January of this year, individual entrepreneurs selling beer products are required to register with EGAIS.
Fines for violation of the Federal Law
Violations of the law may result in large administrative fines for both the director of the company that violated the law and the company itself.
- The amount of the penalty for the head of the organization is from one hundred to two hundred thousand rubles;
- The recovery for the company is from three hundred to five hundred thousand rubles.
In addition, violators may face not only a monetary fine, but also confiscation of goods. The court makes a decision based on the materials of the case, at its own discretion.
Presented to beer stores.
The main law regulating the activities of such retail outlets is the Federal Law of November 22, 1995 No. 171-FZ “On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products...”. Changes regarding the rules for the production and sale of beverages came into force in January and July.
Requirements for beer containers
Let us recall that in January 2017 the provisions of the above law were tightened. In particular, wholesale manufacturers and sellers beer sales were banned, including draft, in PET containers of more than 1.5 liters.
From July 1, 2017, the sale of draft beer in such bottles is also prohibited for retail outlets. Administrative fines are provided for violators:
- For legal entities in the amount of 300’000 - 500’000 ₽
- For officials - 100’000 −200’000 ₽
These requirements also apply to the sale of draft beer. Since beer, according to paragraph 23 of the Rules for the sale of certain types of goods. Due to its characteristics, it requires packaging (packing). In turn, the requirements for containers are specified in paragraph 2 of the 171-FZ.
New EGAIS requirements for small settlements
All organizations selling alcoholic products must use equipment to record goods and transmit information to Unified State Automated Information System. From July 1, this requirement also applies to retail beer stores in settlements where 3,000 people live and there is no way to connect to the Internet.
Let us remind you that previously such cities and towns were exempt from submitting data to the Unified State Automated Information System; now this requirement has become mandatory for everyone.
Important! From July 1, when selling beer, you must use modernized cash registers or online cash registers
For the absence of a special cash register, punishment is provided, according to the Code of Administrative Offenses of the Russian Federation, under Article 14.5 “Sale of goods, performance of work or provision of services in the absence of established information or non-use of cash register equipment in cases established by federal laws.”
These are the latest changes in legislation concerning the retail sale of draft and bottled beer. We regularly publish up-to-date information. Stay tuned for new blog posts!
Confidentiality Agreement
and processing of personal data
1.General provisions
1.1. This agreement on confidentiality and processing of personal data (hereinafter referred to as the Agreement) was accepted freely and of its own free will, and applies to all information that Insales Rus LLC and/or its affiliates, including all persons included in the same group with LLC "Insails Rus" (including LLC "EKAM Service") can obtain information about the User while using any of the sites, services, services, computer programs, products or services of LLC "Insails Rus" (hereinafter referred to as the Services) and in during the execution of Insales Rus LLC any agreements and contracts with the User. The User's consent to the Agreement, expressed by him within the framework of relations with one of the listed persons, applies to all other listed persons.
1.2.Use of the Services means the User agrees with this Agreement and the terms and conditions specified therein; in case of disagreement with these terms, the User must refrain from using the Services.
"Insales"- Limited Liability Company "Insails Rus", OGRN 1117746506514, INN 7714843760, KPP 771401001, registered at the address: 125319, Moscow, Akademika Ilyushina St., 4, building 1, office 11 (hereinafter referred to as "Insails" ), on the one hand, and
"User" -
or an individual who has legal capacity and is recognized as a participant in civil legal relations in accordance with the legislation of the Russian Federation;
or a legal entity registered in accordance with the laws of the state of which such person is a resident;
or an individual entrepreneur registered in accordance with the laws of the state of which such a person is a resident;
which has accepted the terms of this Agreement.
1.4. For the purposes of this Agreement, the Parties have determined that confidential information is information of any nature (production, technical, economic, organizational and others), including the results of intellectual activity, as well as information about the methods of carrying out professional activities (including, but not limited to: information about products, works and services; information about technical systems and equipment, including business forecasts and information about proposed purchases; information about specific partners and potential partners; related to intellectual property, as well as plans and technologies related to all of the above) communicated by one party to the other in written and/or electronic form, expressly designated by the Party as its confidential information.
1.5. The purpose of this Agreement is to protect confidential information that the Parties will exchange during negotiations, concluding contracts and fulfilling obligations, as well as any other interaction (including, but not limited to, consulting, requesting and providing information, and performing other instructions).
2. Responsibilities of the Parties
2.1. The Parties agree to keep confidential all confidential information received by one Party from the other Party during the interaction of the Parties, not to disclose, disclose, make public or otherwise provide such information to any third party without the prior written permission of the other Party, with the exception of cases specified in the current legislation, when the provision of such information is the responsibility of the Parties.
2.2.Each Party will take all necessary measures to protect confidential information using at least the same measures that the Party uses to protect its own confidential information. Access to confidential information is provided only to those employees of each Party who reasonably need it to perform their official duties under this Agreement.
2.3. The obligation to keep confidential information secret is valid within the validity period of this Agreement, the license agreement for computer programs dated December 1, 2016, the agreement to join the license agreement for computer programs, agency and other agreements and for five years after termination their actions, unless otherwise separately agreed by the Parties.
(a) if the information provided has become publicly available without a violation of the obligations of one of the Parties;
(b) if the information provided became known to a Party as a result of its own research, systematic observations or other activities carried out without the use of confidential information received from the other Party;
(c) if the information provided is lawfully received from a third party without an obligation to keep it secret until it is provided by one of the Parties;
(d) if the information is provided at the written request of a government agency, other government agency, or local government body in order to perform their functions and its disclosure to these bodies is mandatory for the Party. In this case, the Party must immediately notify the other Party of the received request;
(e) if the information is provided to a third party with the consent of the Party about which the information is transferred.
2.5.Insales does not verify the accuracy of the information provided by the User and does not have the ability to assess his legal capacity.
2.6. The information that the User provides to Insales when registering in the Services is not personal data, as defined in Federal Law of the Russian Federation No. 152-FZ of July 27, 2006. “About personal data.”
2.7.Insales has the right to make changes to this Agreement. When changes are made to the current edition, the date of the last update is indicated. The new version of the Agreement comes into force from the moment it is posted, unless otherwise provided by the new version of the Agreement.
2.8. By accepting this Agreement, the User understands and agrees that Insales may send the User personalized messages and information (including, but not limited to) to improve the quality of the Services, to develop new products, to create and send personal offers to the User, to inform the User about changes in Tariff plans and updates, to send the User marketing materials on the subject of the Services, to protect the Services and Users and for other purposes.
The user has the right to refuse to receive the above information by notifying in writing to the email address Insales -.
2.9. By accepting this Agreement, the User understands and agrees that Insales Services may use cookies, counters, and other technologies to ensure the functionality of the Services in general or their individual functions in particular, and the User has no claims against Insales in connection with this.
2.10. The user understands that the equipment and software used by him to visit sites on the Internet may have the function of prohibiting operations with cookies (for any sites or for certain sites), as well as deleting previously received cookies.
Insales has the right to establish that the provision of a certain Service is possible only on the condition that the acceptance and receipt of cookies is permitted by the User.
2.11. The user is independently responsible for the security of the means he has chosen to access his account, and also independently ensures their confidentiality. The User is solely responsible for all actions (as well as their consequences) within or using the Services under the User’s account, including cases of voluntary transfer by the User of data to access the User’s account to third parties under any conditions (including under contracts or agreements) . In this case, all actions within or using the Services under the User’s account are considered to be carried out by the User himself, except in cases where the User notified Insales of unauthorized access to the Services using the User’s account and/or of any violation (suspicion of violation) of the confidentiality of his means of accessing your account.
2.12. The User is obliged to immediately notify Insales of any case of unauthorized (not authorized by the User) access to the Services using the User’s account and/or of any violation (suspicion of violation) of the confidentiality of their means of access to the account. For security purposes, the User is obliged to independently safely shut down work under his account at the end of each session of working with the Services. Insales is not responsible for possible loss or damage to data, as well as other consequences of any nature that may occur due to the User’s violation of the provisions of this part of the Agreement.
3. Responsibility of the Parties
3.1. The Party that has violated the obligations stipulated by the Agreement regarding the protection of confidential information transferred under the Agreement is obliged, at the request of the injured Party, to compensate for the actual damage caused by such violation of the terms of the Agreement in accordance with the current legislation of the Russian Federation.
3.2. Compensation for damage does not terminate the obligations of the violating Party to properly fulfill its obligations under the Agreement.
4.Other provisions
4.1. All notices, requests, demands and other correspondence under this Agreement, including those including confidential information, must be in writing and delivered personally or via courier, or sent by email to the addresses specified in the license agreement for computer programs dated 12/01/2016, the agreement of accession to the license agreement for computer programs and in this Agreement or other addresses that may subsequently be specified in writing by the Party.
4.2. If one or more provisions (conditions) of this Agreement are or become invalid, then this cannot serve as a reason for termination of the other provisions (conditions).
4.3. This Agreement and the relationship between the User and Insales arising in connection with the application of the Agreement are subject to the law of the Russian Federation.
4.3. The User has the right to send all suggestions or questions regarding this Agreement to the Insales User Support Service or to the postal address: 107078, Moscow, st. Novoryazanskaya, 18, building 11-12 BC “Stendhal” LLC “Insales Rus”.
Publication date: 12/01/2016
Full name in Russian:
Limited Liability Company "Insales Rus"
Abbreviated name in Russian:
LLC "Insales Rus"
Name in English:
InSales Rus Limited Liability Company (InSales Rus LLC)
Legal address:
125319, Moscow, st. Akademika Ilyushina, 4, building 1, office 11
Postal address:
107078, Moscow, st. Novoryazanskaya, 18, building 11-12, BC “Stendhal”
INN: 7714843760 Checkpoint: 771401001
Bank details:
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New rules for retail beer trade from March 1, 2017
The laws regulating the sale of beer and other types of alcohol are periodically amended in order to improve them. Amendments and additions concern a variety of aspects: production, new technologies, equipment of retail outlets, sale and rental of beer bottling equipment, beer containers and much more. On March 31, 2017, new changes and provisions in the Law on Retail Sale of Beer come into effect.
New requirements for the sale of draft beer
The new provisions concern the specifics of trade in beer products when providing catering services. The changes expand the capabilities of stores with catering functions and, conversely, prohibit the sale of draft beer to those who do not provide food.
Places prohibited for retail sale of beer and alcoholic beverages
The changes affected the list of places prohibited for retail trade. It includes:
- premises used and owned by organizations engaged in activities in the field of culture, medical and educational activities (Part 1, Clause 2, Article 16 of the Law);
- sports complexes, including buildings and nearby territories (Part 2, Part 10, Clause 2, Article 16 of the Law);
- wholesale and retail trade markets (Part 3, Clause 2, Article 16 of the Law);
- gas stations and public transport (Part 4, Clause 2, Article 16 of the Law);
- places of deployment of troops, military bodies and formations ensuring the security and defense of the Russian Federation, as well as territories adjacent to them (Part 5, Part 10, Clause 2, Article 16 of the Law);
- airports, train stations and nearby areas (Part 6, Part 10, Clause 2, Article 16 of the Law);
- places where there are sources of increased danger, established in accordance with the law, as well as nearby territories (Part 7, Part 10, Clause 2, Article 16 of the Law);
- venues for mass and public events with large crowds of citizens, as well as adjacent territories (Part 8, Clause 2, Article 16 of the Law);
- non-stationary retail outlets (Part 9, Clause 2, Article 16 of the Law);
- territories adjacent to medical and educational organizations (Part 10, Clause 2 of Article 16 of the Law).
The amended law for the above list contains exceptions for organizations selling draft beer and providing catering services.
According to the amended law, the sale of beer with the provision of food is permitted in the premises of theaters, concert halls, and in areas adjacent to sports facilities, with the exception of competitions and other sports with the participation of children and youth. The list of public catering facilities where the retail sale of beer is permitted includes retail and wholesale markets, train stations, airports, gas stations and adjacent areas, as well as non-stationary retail outlets.
Other changes
The second change concerns the ban, which was introduced in 2017, on the sale of beer without the EGAIS barcode (Part 13, Clause 2, Article 16 of the Law) and remote sales (Part 14, Clause 2, Article 16 of the Law).
Another change in the law, which comes into force in March 2017, relates to the terms of service. In accordance with the legal norm, beer and other types of alcohol sold as part of public catering must be sold in facilities that have halls equipped with everything necessary. Such objects also include dining cars, airplanes and water transport.
One of the important rules is the opening of containers by the seller selling alcoholic beverages (clause 4 of article 16 of the Law).
Beer or other types of alcohol purchased at a catering establishment must be drunk on the spot (paragraph 2, paragraph 8, article 16 of the Law).
Conclusion
The article lists the main changes that will be introduced into the law on the last day of March. The most large-scale changes concerned Article 16 of the Law. With the start of their action, draft beer stores that do not have their own catering facilities will not be able to trade. Organizations and entrepreneurs selling beer and other alcoholic beverages with food services should prepare for amendments and additions to ensure that all necessary requirements are met when selling beer.
We hasten to please entrepreneurs planning to open a beer store: a license is not required to sell draft and bottled beer. Only strong alcohol (above 16%) is subject to mandatory licensing. For beer and drinks based on it: cider, poire, mead, etc. this requirement does not apply.
The rules for the sale of beer are regulated by Article 18 of Federal Law No. 171-FZ. It is there that the “types of activities subject to licensing” are described.
What documents are needed to sell beer on tap: list
Many entrepreneurs open cafes where, in addition to draft beer, snacks and hot dishes are served. This kind of business gives you more opportunities. A cafe with draft beer can be located near airports and train stations, near sports facilities and in other places where opening a regular outlet selling foamy beer is illegal.
However, keep in mind that the requirements for catering outlets are stricter. So, you will need a sanitary and epidemiological certificate from the SES. And to get it you need a whole package of documents:
- Certificate of registration of individual entrepreneur or LLC
- Certificate of registration with the tax service
- Approved charter of the enterprise
- Order on appointment to the position of store director
- Full list of products sold
- Plan from the Bureau of Technical Inventory (BTI)
- Technical passport of the object
- Agreement for waste disposal and removal
- Contract for carrying out work on disinfection of premises
- List of employees
- Medical records of employees who pour beer
- Hygiene certificates
- SEZ for goods sold
- Plan for carrying out and monitoring the implementation of sanitary and preventive measures
Requirements for a draft beer store in 2017: what documents will be needed during inspection
Retail outlets and public catering establishments are often subject to inspections by supervisory authorities. To be prepared for any service visit, keep on hand:
- Product quality certificate provided by the manufacturer
- Invoices for the entire range of goods
- Lease agreement or proof of ownership of premises
- Employment contracts and employee medical records
- Conclusion from the SES (for a catering point)
All trade reports are maintained in accordance with the regulations established by the Tax Service. In addition to the standard documents for any business, the owner of a beer store is required to submit alcohol declaration in form No. 12. The document is submitted to the local branch of Rosalkogolregulirovanie. The declaration can be submitted electronically. Special software will facilitate the process of filling out the declaration.
Fire requirements for a draft beer store: what to check before signing a lease
The requirements of the Fire Inspectorate do not differ from the requirements for other retail outlets. If you rent a premises, then the landlord is responsible to the fire department. Before signing a store lease agreement, make sure that the premises meet the established standards:
- Fire alarm installed
- There is an evacuation plan
- A fire safety log is maintained
Maintaining internal documentation
The owner of a draft beer store needs to keep records. The requirement applies to individual entrepreneurs and LLCs. This is reflected in Federal Law No. 164. The sales log must be completed every day. It contains information about sales: product name, quantity of goods received and sold.
Beer Store Permits: Follow the Law and Run a Successful Business
By complying with the above requirements, you will be able to run a business selling draft beer and not break the law. If you want to bypass the difficult period of paperwork and get started faster, pay attention to a ready-made business. When purchasing a beer store operating in St. Petersburg, check whether the owner has all the necessary documents.
If you are interested in offers in other cities, Altera Invest will help you. We have stores selling draft beer in Moscow. As well as a database of beer stores that are sold throughout Russia.
