How to get a liquor license. Obtaining a license for the retail sale of alcohol

It is currently impossible to plan legal activities in the area retail turnover of alcohol without receiving licenses for retail sales alcoholic products . The Notables company offers assistance in obtaining this license in Moscow and the region.

It is known that sale alcoholic drinks - one of the most profitable branches of trade. And if during the USSR trade in alcoholic products was a state monopoly, today any legal entity that has the proper issued license(with all seals and signatures) for the sale of alcohol. A license is required wherever activities for the production, bottling, labeling, storage and sale, both retail and wholesale, of alcoholic beverages are carried out. In other words, liquor license necessary to permit any of the above activities.

It should be kept in mind that the most common alcoholic beverages sold in retail chains are vodka, cognac, whiskey and brandy; guilt different varieties, champagne wines, liqueurs, drinks with reduced alcohol content. By the way, a license to sell alcohol is also needed in the case of selling drinking alcohol.

Licenses are three types of government permitting documents.

• The first type is an alcohol license, which gives the right to produce, bottle and label drinks containing alcohol.
• The second type is a license allowing the purchase and storage of alcoholic beverages.
• And finally, the third type is a license for the sale of alcoholic beverages, issued separately for wholesale and retail.

All permits for the wholesale sale of alcohol and its storage issues Rosalkogolregulirovanie. Get a license, giving the right to retail trade in alcoholic beverages, including low-alcohol ones, is available at the branches of the Ministry of Consumer Market and Services. According to the current legislation of the Russian Federation, these licenses can only be issued by legal entities. An alcohol license is not issued to individual entrepreneurs (IP). Recently, legislation governing rules for issuing a liquor license, important amendments have been made that significantly speed up the time frame for its receipt. According to these paragraphs, obtaining a sanitary-epidemiological report form was practically abolished.

Today maximum validity period for a liquor license– this is five years, and the minimum is a year. Firms should be aware that the cost of each year of license validity is paid separately and amounts to 40,000 rubles for each year. In practice, preference is given to paperwork for 1-2 years, after which the license is extended or closed, depending on how successfully the enterprise sells alcohol.

Types of alcohol licenses

Typically, an alcohol license is obtained for the retail sale of alcoholic beverages. There are several options retail sale of alcoholic beverages:

1. Sale for consumption of alcoholic and low-alcohol drinks at the point of purchase. This type of sale is carried out in restaurants, cafes and bars, implying the presence of an equipped place for the consumption of alcohol without taking it outside the place of consumption;
2. Retail sale of alcoholic beverages for consumption outside the place of sale. These are shops, stalls, markets, etc.

An alcohol license is issued if all rules for the sale of alcohol-containing products are met, and documentation for the alcohol sold is available, including information for the buyer about the name, trademark, composition of alcoholic products, etc.

Obtaining a license for alcoholic beverages– this is a whole area of ​​​​complex and troublesome procedures. Just to obtain permission to sell alcohol in Moscow, you must submit a number of constituent documents to the licensing authorities legal entity, issuing a license: a rental agreement for a place; information about the presence of paid authorized capital, certificate of registration, Goskomstat codes, extracts from the Unified State Register of Legal Entities and dozens of other documents.

An alcohol license, as we see, is a rather complicated thing, but effort, and, what is much more important, work time the amount spent on obtaining it often scares off entrepreneurs who decide to start selling alcoholic beverages. That is why, to obtain this permitting document, they very often turn to companies that provide legal services and consulting assistance.

Do you want to sell products that bring super profits? Alcohol is always a popular product. To implement it, you will have to fulfill a number of legislator requirements: have equipped retail space, form an authorized capital. Obtain a special permit to carry out this type of activity - a license for the retail sale of alcohol. The document will allow you to become a full-fledged market participant, offering consumers a sought-after product. But the lack of a license for alcohol is a gross violation of the law, which entails administrative liability. You cannot sell or bottle alcohol without permission. Are you not ready to pay fines, be subject to constant inspections by audit authorities, or run your business in the “shadow”? The company "YurExpert" will help you obtain a license for alcohol.

License for the sale of alcohol - conditions of government authorities It is worth understanding that the retail sale of alcohol-containing products (from 6% ethyl alcohol) the legislator allows only legal entities. Individual entrepreneurs are deprived of this right. They are allowed to sell only beer and its derivatives without an alcohol license. Who needs a permit:

• The shops.
• Bars.
• Cafe.
• Restaurants.
• Bistro (establishments) Catering where alcohol is sold).
• Recreation centers.
• Pubs.
• Holiday clubs.
• Snack bars.

A retail alcohol license can be issued if the applicant confirms that the size of the organization’s authorized capital corresponds to 1,000,000 rubles. (for stores) and from 10,000 rubles. for restaurants, cafes, bars, etc.

Please note that the amount of authorized capital for shops varies depending on the region where you plan to obtain a liquor license.

There are special requirements for premises where retail sales of alcohol-containing products are carried out:

At the same time, all objects where retail sales of alcohol are carried out must be located 50-200 m away (the figure varies for each region) from the following objects:

• Children's and educational institutions, medical facilities, sports sections, clubs.
• Alcohol cannot be sold near cultural institutions.
• It is prohibited to build or rent premises near train stations, markets, public transport stops, places where large gatherings of people occur, etc.
• Near military installations.

Important! If, during the verification of documents and conditions for obtaining a retail license, it is revealed that the premises are located close to the above-mentioned objects, you will not be issued a trade permit.

When selling alcohol, it is necessary to install cash registers.

Retail alcohol license - why can they refuse to obtain it?

An alcohol license is a document that must confirm that the organization has all the conditions for the sale of alcohol-containing products. At the same time, collecting certificates and papers confirming these facts is quite problematic. Many people do not know how to bring retail space into compliance and register a legal entity. We offer to take care of all organizational issues, and you will receive a ready-made license for the retail sale of alcohol-containing products.

Please note that if the licensing authority refuses to issue you a license, you should not expect that the entire package of documents will be returned to you. The result is that you will have to fill out all the paperwork again, and if you take into account that the deadlines for the certificates must be current, you will have to contact the government authorities again.

A retail sales license may be refused:

How much do I have to pay to get a retail license?

In addition to the costs of purchasing/renting retail space, forming authorized capital and preparing a package of documents, you will have to pay a state fee. This is a significant expense item, so we recommend choosing an economical option when applying for a retail alcohol license:

• 65,000 rub. - the license is valid for 1 year. It is not profitable to formalize it, because changes are constantly being made to the legislation, and no one can guarantee that in a year the state duty for issuing licenses for the sale of alcohol will not “increase”.
• RUB 325,000 - retail license is valid for 5 years. A profitable option - you don’t have to renew the document, worrying that the state duty will change.

Please note that if there is a need to make changes to the information about the enterprise (name, location, etc.), the alcohol license will have to be reissued. Cost - 3,500 rubles. In case of reorganization of an enterprise/legal entity, it is also necessary to obtain an updated license (retail sale of alcohol-containing goods). It will cost 65,000 rubles.

There is no license - how to carry out retail sales of alcohol-containing products?

The legislator has established that it is prohibited to sell goods containing alcohol, as well as store or produce them without the appropriate permit. In case of detection of violations of current standards, liability arises in the form of fines for the retail sale of goods:

• Legal entities/organizations - up to RUB 300,000.
• Entrepreneurs - up to 15,000 rubles.

It is worth remembering that penalties for lack of permission are not limited to a fine. If a violation is detected, all products in the organization may be confiscated.

Important! If you are ready to present a license, but your facility does not meet the requirements of the licensing authority, the activity is prohibited for up to 3 months. This applies to objects: cafes, shops, bars, restaurants, pubs, etc.

The discovery of counterfeit excise stamps on goods being sold is also subject to punishment. In such a situation, the organization faces a fine of 300,000 rubles. and confiscation of counterfeit goods. At the same time, the fact that you did not make the illegal goods, that is, you did not know that it was counterfeit, will not be an excuse - punishment cannot be avoided.

We are ready to offer an option where you do not risk anything, and your business flourishes and is not constantly subject to inspections by audit authorities. We will issue a permit for the retail sale of alcohol-containing products in full compliance with the law.

Electronic services

Full name of the service

Licensing of retail sale of alcoholic beverages

Conditions for receiving services on the site

• Who can apply for the service:

  Legal entities

• Cost of the service and payment procedure:

  State duty - 65,000.0 rub.

  The state duty is paid in accordance with Art. 333.33 of the Tax Code of the Russian Federation, which is 65,000 rubles for each year of license validity.

• List of required information:

  Request (application) for the provision of the state service "Licensing of retail sale of alcoholic beverages" (original, 1 pc.)

  • Required
  • Available without return

  The request is made in accordance with Appendix 1 to the Administrative Regulations. When submitting a request to electronic form using the Portal, the request is filled out by entering the relevant information into the interactive form.

  Identity document of the head of a legal entity or his representative (original, 1 pc.)

  • Required
  • Provided only for viewing (making a copy) at the beginning of the service
  It is presented in the original in case of personal appeal when submitting a request and documents. If a request is submitted by a representative of the applicant, a document confirming the authority of the applicant’s representative is submitted.

  Copies of constituent documents (copy, 1 pc.)

  • Required
  • Available without return
  Copies must be submitted with presentation of the original or notarized copies.

  A document confirming that the applicant has an authorized capital (authorized fund) in the amount established by the Moscow Government (copy, 1 pc.)

  • Required
  • Available without return
  With the exception of catering establishments.

  Documents confirming that the applicant has stationary retail facilities and warehouse premises with an area of ​​at least 50 square meters in ownership, economic management, operational management or lease, the term of which is determined by the contract and is one year or more, for each location of a separate subdivision (copy, 1 pc.)

  • Required
  • Available without return
  Submitted when submitting an application for the retail sale of alcoholic beverages, if the specified documents relate to real estate, the rights to which are not registered in the Unified State Register of Real Estate. The requirement for separate storage facilities does not apply to the retail sale of alcoholic beverages by duty-free shops.

  Documents confirming that the applicant has a stationary public catering facility at each location of a separate unit in ownership, economic management, operational management or lease, the period of which is determined by the contract and is one year or more (copy, 1 pc.)

  • Required
  • Available without return
  Submitted when submitting an application for the retail sale of alcoholic beverages when providing public catering services (with the exception of budgetary institutions) if the specified documents relate to real estate, the rights to which are not registered in the Unified State Register of Real Estate. The applicant being budgetary institution, documents are submitted confirming the presence of a stationary public catering facility at each location of a separate unit in operational management, free use or lease, the period of which is determined by the contract and is one year or more (if these documents relate to real estate objects, the rights to which are not registered in the Unified State Register of Real Estate). The specified documents are submitted except for the cases established by clauses 2.5.1.1.2.1.5 and 2.5.1.1.2.1.6 of the Administrative Regulations for the provision of the service.

  Documents confirming the applicant’s ownership, economic management, operational management or lease of a restaurant car (cafe car, buffet car, bar car), watercraft, aircraft and (or) the applicant’s right to provide public services in them food (copy, 1 pc.)

  • Required
  • Available without return
  They are presented when issuing a license providing for the right to retail sale of alcoholic beverages when providing public catering services on specified vehicles.

  Documents confirming that the applicant has ownership, economic management, operational management or lease of a public catering facility that is planned to be used to provide public catering services, for each location of a separate unit (copy, 1 pc.)

  • Required
  • Available without return
  Submitted when issuing a license for the retail sale of alcoholic products with an ethyl alcohol content of no more than 16.5 percent of the finished product when providing public catering services in wholesale and retail markets and in non-stationary retail facilities (except for budgetary institutions) if the specified documents relate to the facilities real estate, the rights to which are not registered in the Unified State Register of Real Estate. The applicant, being a budgetary institution, submits documents confirming that the applicant has in operational management, free use or lease a public catering facility that is planned to be used to provide public catering services (if these documents relate to real estate, the rights to which are not registered in the Unified State Register of Real Estate).

• Terms of service provision

  30 calendar days

  There are no grounds for suspending the provision of public services.

• Result of service provision

  Issued:

  • License for retail sale of alcoholic beverages (License for retail sale of alcoholic beverages when providing public catering services) (original, 1 pc.)

    The license is issued personally to the applicant or his authorized representative in the form of a document on paper upon presentation of the original document identifying the head of the legal entity or his representative. If a license is obtained, the applicant's representative shall submit a document confirming the authority of the applicant's representative. The official responsible for issuing (sending) documents: 1. Informs the applicant or his authorized representative about the readiness of documents in the manner specified in the request and (or) through " Personal Area" of the applicant on the Portal. 2. Checks the credentials of the person receiving ready documents personally. 3. Transfers a license to the applicant or his representative, transfers (directs) the decision to provide or refuse to provide a public service.

  • Decision on the provision of public services for issuing a license for the retail sale of alcoholic beverages (licenses for the retail sale of alcoholic beverages when providing public catering services) (original, 1 pc.)

    If the applicant does not appear to receive the final result of the provision of a public service, the decision to provide or refuse to provide the public service is sent to the applicant by mail.

  Happens:

  • Entering information about end result provision of public services to the Basic Register and the Consolidated Register (New entry in registers, cadastres, registries)

• Receipt forms

  Through a legal representative

  On the WEB site

You can go to the authorities executive power city ​​of Moscow within the framework of pre-trial appeal.

Appeal procedure

The decision of the licensing authority may be appealed to the licensing authority and (or) to court.

Pre-trial (out-of-court) procedure for appealing decisions and (or) actions (inaction) of the Department, its officials, state civil servants

1. The applicant has the right to file a pre-trial (out-of-court) complaint against decisions taken (committed) in the provision of public services and (or) actions (inaction) of the Department, its officials, and state civil servants.

2. Submission and consideration of complaints is carried out in the manner established by Chapter 2.1 Federal Law dated July 27, 2010 N 210-FZ "On the organization of the provision of state and municipal services", Regulations on the specifics of filing and consideration of complaints about violations of the procedure for the provision of public services in the city of Moscow, approved by Decree of the Moscow Government dated November 15, 2011 N 546-PP "On the provision of state and municipal services in the city of Moscow", Resolution of the Moscow Government dated February 21, 2012 No. 59-PP.

3. Applicants may file complaints in the following cases:

3.1. Violations of the deadline for registering a request (application) and other documents necessary for the provision of public services, as well as the procedure for processing and issuing a receipt for receiving a request and other documents (information) from the applicant.

3.2. Requirements from the applicant:

3.2.1. Documents the submission of which by the applicant for the provision of public services is not provided for by regulatory legal acts Russian Federation and the city of Moscow, including documents obtained using interdepartmental information interaction.

3.2.2. Applications for the provision of services not included in the list of services approved by the Moscow Government that are necessary and mandatory for the provision of public services.

3.2.3. Payment of fees for the provision of public services not provided for by regulatory legal acts of the Russian Federation and the city of Moscow.

3.3. Violations of the deadline for the provision of public services.

3.4. Refusal to the applicant:

3.4.1. In accepting documents, the submission of which is provided for by the regulatory legal acts of the Russian Federation and the city of Moscow for the provision of public services, on grounds not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.

3.4.2. In the provision of public services on grounds not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.

3.4.3. In the correction of typographical errors and errors in documents issued as a result of the provision of public services, or in case of violation of the established deadline for such corrections.

3.5. Other violations of the procedure for providing public services established by regulatory legal acts of the Russian Federation and the city of Moscow.

4. Complaints about decisions and (or) actions (inaction) of officials, state civil servants of the Department are considered by its head (authorized deputy head).

Complaints about decisions and (or) actions (inaction) of the head of the Department, including decisions made by him or his deputy on complaints received in a pre-trial (out-of-court) manner, are sent to the Moscow Government and considered by the Deputy Mayor of Moscow in the Moscow Government on issues economic policy and property and land relations.

5. Complaints can be filed with the executive authorities of the city of Moscow authorized to consider them in accordance with the Administrative Regulations for the provision of services (hereinafter referred to as the bodies authorized to consider complaints), in writing on paper or in electronic form in one of the following ways:

5.1. Upon personal application by the applicant (applicant’s representative).

5.2. By post.

5.3. Using the official websites of bodies authorized to consider complaints on the Internet.

5.4. In other ways provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.

6. The complaint must contain:

6.1. The name of the body authorized to consider the complaint or the position and (or) surname, first name and patronymic (if any) of the relevant official to whom the complaint is sent.

6.2. The name of the executive authority of the city of Moscow or the position and (or) surname, first name, patronymic (if any) of the official, state civil servant, whose decisions and (or) actions (inaction) are being appealed.

6.3. Name, information about the location of the applicant, as well as contact telephone number(s), email address(es) (if available) and postal address to which the response should be sent to the applicant.

6.4. The date of submission and registration number of the request (application) for the provision of a public service (except for cases of appealing the refusal to accept the request and its registration).

6.5. Information about decisions and (or) actions (inactions) that are the subject of appeal.

6.6. Arguments on the basis of which the applicant does not agree with the appealed decisions and (or) actions (inactions). The applicant may submit documents (if any) confirming the applicant’s arguments, or copies thereof.

6.7. Applicant's requirements.

6.8. List of documents attached to the complaint (if any).

6.9. Date of filing the complaint.

7. The complaint must be signed by the applicant (his representative). If a complaint is filed in person, the applicant (applicant's representative) must provide an identification document.

The authority of the representative to sign the complaint must be confirmed by a power of attorney issued in accordance with the legislation of the Russian Federation.

The powers of a person acting on behalf of an organization without a power of attorney on the basis of the law, other regulatory legal acts and constituent documents are confirmed by documents certifying his official position, as well as the constituent documents of the organization.

8. A received complaint must be registered no later than the working day following the day of receipt.

9. The maximum period for consideration of a complaint is 15 working days from the date of its registration. The period for consideration of the complaint is 5 working days from the date of its registration in cases of appeal by the applicant:

9.1. Refusal to accept documents.

9.2. Refusal to correct typos and errors made in documents issued as a result of the provision of public services.

9.3. Violations of the deadline for correcting typos and errors.

10. Based on the results of consideration of the complaint, a decision is made to satisfy the complaint (in whole or in part) or to refuse to satisfy the complaint.

11. The decision must contain:

11.1. Name of the body that considered the complaint, position, surname, first name, patronymic (if any) of the official who made the decision on the complaint.

11.2. Details of the decision (number, date, place of adoption).

11.3. Name and information about the location of the applicant.

11.4. Last name, first name, patronymic (if any), information about the place of residence of the applicant’s representative who filed the complaint on behalf of the applicant.

11.5. Method of filing and date of registration of the complaint, its registration number.

11.6. Subject of the complaint (information about the decisions, actions, or inactions being appealed).

11.7. The circumstances established during the consideration of the complaint and the evidence confirming them.

11.8. Legal grounds to make a decision on the complaint with reference to the applicable regulatory legal acts of the Russian Federation and the city of Moscow.

11.9. The decision taken on the complaint (conclusion on the satisfaction of the complaint or refusal to satisfy it).

11.10. Measures to eliminate identified violations and deadlines for their implementation (if the complaint is satisfied).

11.11. Procedure for appealing a decision.

11.12. Signature of the authorized official.

12. The decision is made in writing using official forms.

13. The measures to eliminate identified violations specified in the decision include:

13.1. Cancel earlier decisions made(in whole or in part).

13.2. Ensuring the acceptance and registration of the request, execution and issuance of a receipt to the applicant (in case of evasion or unreasonable refusal to accept documents and their registration).

13.3. Ensuring registration and delivery to the applicant of the result of the provision of a public service (in case of evasion or unreasonable refusal to provide a public service).

13.4. Correction of typos and errors made in documents issued as a result of the provision of public services.

13.5. Return to the applicant Money, the collection of which is not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.

14. The body authorized to consider the complaint refuses to satisfy it in the following cases:

14.1. Recognition of the appealed decisions and (or) actions (inactions) as legal and not violating the rights and freedoms of the applicant.

14.2. Filing a complaint by a person whose powers have not been confirmed in the manner established by regulatory legal acts of the Russian Federation and the city of Moscow.

14.3. The applicant does not have the right to receive public services.

14.4. Availability:

14.4.1. A court decision on the applicant’s complaint with identical subject matter and grounds that has entered into legal force.

14.4.2. Decisions on a complaint made earlier in a pre-trial (out-of-court) manner in relation to the same applicant and on the same subject of the complaint (except for cases of appealing previously made decisions to a higher authority).

15. The complaint must be left unanswered on its merits in the following cases:

15.1. The presence in the complaint of obscene or offensive language, threats to the life, health and property of officials, as well as members of their families.

15.2. If the text of the complaint (part of it), postal address and email address are not readable.

15.3. If the complaint does not indicate the name of the complainant or the postal address and email address to which the response should be sent.

15.4. If the body authorized to consider the complaint received a request from the applicant (the applicant’s representative) to withdraw the complaint before a decision on the complaint is made.

16. The decision to satisfy the complaint or to refuse to satisfy the complaint is sent to the applicant (the applicant’s representative) no later than the working day following the day of its adoption, to the postal address specified in the complaint. At the request of the applicant, the decision is also sent to the email address specified in the complaint (in the form electronic document, signed with the electronic signature of an authorized official). In the same manner, the applicant (the applicant’s representative) is sent a decision on the complaint, in which only an email address is indicated for the response, and the postal address is missing or cannot be read.

17. If the complaint is left unanswered on the merits, the applicant (his representative) is sent, no later than the working day following the day of registration of the complaint, a written motivated notification indicating the grounds (except for cases where the postal address and email address are not indicated in the complaint email for a response or they are unreadable). The notice is sent in the manner established for sending a decision on a complaint.

18. A complaint filed in violation of the rules on competence established by clause 5.4 of the Administrative Regulations for the provision of the state service “Licensing of retail sales of alcoholic products”, approved by Decree of the Moscow Government dated February 21, 2012 No. 59-PP, is sent no later than the working day following on the day of registration of the complaint, to the body authorized to consider the complaint, with simultaneous written notification to the applicant (his representative) about the forwarding of the complaint (except for cases where the complaint does not indicate the postal address and email address for a response or they are not readable). The notice is sent in the manner established for sending a decision on a complaint.

19. Filing a complaint in a pre-trial (out-of-court) manner does not exclude the right of the applicant (applicant’s representative) to simultaneously or subsequently file a complaint in court.

20. Informing applicants about the judicial and pre-trial (extrajudicial) procedure for appealing decisions and (or) actions (inactions) committed in the provision of public services should be carried out by:

20.1. Placing relevant information on the Portal and stands at places where public services are provided.

20.2. Consulting applicants, including by telephone, e-mail, at personal reception.

21. If, during or as a result of consideration of the complaint, signs of composition are established administrative offense or a crime, the official authorized to consider the complaint immediately forwards the available materials to the prosecutor's office.

2. The applicant’s failure to comply with the requirements of Articles 2, 8, 11, 16, 19, 20, 25,26 of the Federal Law of November 22, 1995 N 171-FZ “On government regulation production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products."
The list of grounds for refusal to provide public services established is exhaustive.

Grounds for refusal to accept documents

The grounds for refusal to accept documents required to receive public services are:

1.1. The submitted request and other documents necessary for the provision of public services do not comply with the requirements established by legal acts of the Russian Federation, legal acts of the city of Moscow, Uniform Requirements, and Administrative Regulations.
1.2. The submitted documents are no longer valid.
1.3. The applicant submitted an incomplete set of documents specified in the Administrative Regulations as documents subject to mandatory submission by the applicant.
1.4. Submission of a request on behalf of the applicant by an unauthorized person.
1.5. Application for the provision of a public service by a person who is not a recipient of a public service in accordance with administrative regulations provision of public services.
1.6. Requests for other documents in electronic form signed using electronic signature in violation of the requirements established by regulatory legal acts of the Russian Federation.

2. Additional grounds for refusal to accept documents necessary for the provision of public services when sending a request in electronic form using the Portal are:
2.1. Incorrect completion of required fields in the interactive request form.
2.2. The presence of conflicting information in the interactive request and the documents attached to it.

There is no need to explain how profitable the sale of alcohol is. But starting an activity related to alcohol-containing products is difficult. Fighting bureaucracy, having knowledge and experience in paperwork, the ability to interact with government agencies - obtaining an alcohol license for a store must be approached responsibly. will have to as soon as possible prepare an impressive package of documents, form an authorized capital, rent/purchase premises. But this is not a guarantee that you will be issued an alcohol license. What happens if you refuse? You will not get your documents or paid state fees back, you will lose notary expenses and, of course, time and money. The company "YurExpert" offers a different approach - we will completely undertake to obtain an alcohol license for the store, minimizing the risk of refusal. Alcohol license - who can become an applicant?

The legislator will issue a permit for retail alcohol sales only to registered legal entities. At the same time, the organization must prove its “worthiness” by confirming the presence of authorized capital. Its size may vary significantly for each region, but should not be below 50,000 rubles. (for example, for Moscow - from 1,000,000 rubles).

A license for the sale of alcoholic beverages is issued by a separate body (depending on the region) - the department of the consumer market of services. The Federal Service for Regulation of the Alcohol Market of the Russian Federation controls the issuance of permits.

To obtain an alcohol license, it is necessary to have only stationary premises where trade is carried out and storage facilities for storing products are provided. The store area should not be less than 50 square meters. in the city, 25 sq. m. - in rural areas. The premises must be equipped with an alarm system (as shopping room, and a warehouse), has a safe, and cash register equipment is provided. The property must be owned by a legal entity or a lease agreement must be signed with the owner.

Please note that if an alcohol (trade) license is issued for a rented store, you will have to register a lease agreement with the Federal Tax Service (a period of at least 12 months is indicated).

It is unacceptable to locate a retail outlet selling alcoholic beverages near medical and educational institutions, military installations, markets, gas stations, public transport stops, and crowded places. The minimum distance should be from 50 to 200 m (each region has its own standards). Failure to comply with this requirement may result in refusal to obtain a license.

The licensing authority must (before issuing a license) carry out an audit assessment of the premises. During the inspection, stores are examined for the presence of:

• Safe.
• Cash registers.
• Fire extinguishing systems.
• Warehouse premises.
• Title documents.
• Conclusions of government bodies (Ministry of Emergency Situations, Rospotrebnadzor).

Please note that the regulatory authority must check the relevance of the legal address indicated in the documents. If you provide false information, you will be denied a license.

An alcohol (trade) license may be refused if the premises are found to not comply with the requirements of the law. So that this does not happen, and you do not lose the opportunity to study profitable business, our specialists will help prepare the store for an on-site inspection. Important!

Obtaining a permit will become impossible for the applicant if it turns out that the organization has debts to pay taxes and mandatory fees.

Before submitting documents, it is worth finding out this fact, although this is not easy to do. Our lawyers are ready to find out whether there are debts, and if they are large, to help register new organization, which is guaranteed to allow you to obtain a license to sell alcoholic beverages.

Retail outlet or catering establishment?

In both cases, it is necessary to obtain a retail license to sell alcoholic products. But for each type of activity there are requirements different requirements:

Conditions for obtaining an alcohol license	Trade in a store	Sales of alcoholic products in restaurants, cafes, bars, snack bars, etc.
Legal form	Legal entities
Possibility to sell alcoholic beverages at certain times of the day		Around the clock
Amount of capital (authorized)	From 50,000 rub. (the amount increases depending on the region where the license is issued)	10,000 rub. - for all regions
Premises requirements	To obtain a permit, you must have your own or rented (at least 12 months) premises - only stationary type
Room area	Alcohol licenses are issued only to organizations operating in premises with an area of ​​50 sq.m.
State fee for issuing a license (for 1 year)
Minimum distance of a commercial facility from crowded places, educational, cultural, medical institutions	Individually in each region - from 50 to 200 m.
Availability of cash register equipment	Necessary. If the seller does not work for UTII, a sales receipt is enough

It is possible to issue an alcohol license for 1 year or 5 years (the state fee will be 325,000 rubles). A long-term permit is a more profitable option for organizations, since the license fee may increase next year.

Please note if you have been denied a trade permit-The legislator does not provide for the possibility of returning the paid state duty to the applicant. The minimum loss will be 65,000 rubles, the maximum-RUB 325,000 And this without notary fees! Therefore, you should not risk your personal funds, entrust the matter to professionals in order to be able to run a profitable business.

Documents for obtaining an alcohol license

If you plan to apply for an alcohol license yourself, you will have to collect a large set of documents to submit to the licensing authority. Entrust the case to the lawyers of the company "YurExpert" - avoid a complex procedure, the license will be issued without delay and without your participation.

Set of documents for obtaining a license:

• Personal statement from an applicant for a liquor license.
• Articles of association. If you don’t have one, our lawyers will develop it in such a way that you are guaranteed to receive permission to sell alcoholic beverages. We will also draw up a Protocol on the establishment of an enterprise and a constituent agreement.
• OGRN certificate.
• Extract from the Unified State Register of Legal Entities- relevant for the month of submission of documents.
• A document that confirms that the applicant has Authorized Capital (paid) - a certificate from the bank or a report on the assessment of existing property.
• TIN certificate.
• Decision or Protocol of Appointment General Director
• A document of title for the premises where alcoholic beverages will be sold.
• If the premises are rented, a sublease/lease agreement registered with the Federal Tax Service for a period of at least 1 year.
• Documents from BTI - technical specifications premises with a floor plan, explication, extract from the technical passport.
• A valid agreement with the security organization, as well as a document that will confirm that the security system (alarm) has been put into operation.
• Conclusion of the Fire Inspectorate.
• A certificate confirming that the legal entity receiving a license for the store has no debts to the budget for taxes and mandatory fees.
• KKM registration card - presence of cash register equipment.
• Conclusion of Rospotrebnadzor.
• A receipt confirming payment of the state duty for 1 year or 5 years.

Please note that all copies of documents must be notarized.

The licensing authority has 30 days to review and verify the submitted documents. After which you will be informed whether it is possible to obtain a license or whether you were denied one. If additional verification of information about the licensee is required, the period for processing the document may increase to 60 days.

Renewing a license for the retail sale of alcoholic beverages The YurExpert company will help you renew your permit quickly and without the risk of being refused. If you deal with the renewal yourself, no one guarantees that obtaining a license will be without difficulties. The problem is that in addition to the documents, the licensing authority will inspect your stores. Inconsistencies are found, there are tax debts, the premises are declared unsuitable for selling alcoholic beverages - the license is canceled and you lose your business. What documents to submit:

• Application for renewal of permit.
• Receipt for payment of state duty (RUB 65,000).
• A copy and original of a still valid license.
• Title document or lease agreement for commercial premises.

Please note that you must submit an application for renewal no later than 30 days before the license expires, but not earlier than 90 days before the date specified in the document.

15 days are allotted for the examination of documents, after which a decision is made to extend or refuse permission to sell alcoholic beverages at retail.

No license - is there any liability for selling alcoholic beverages? Every year the legislator tightens the responsibility for conducting activities without the appropriate permits. Possible sanctions for violators:

Type of offense Legal entities Entrepreneurs
Lack of a valid license Fine up to RUB 300,000. Fine up to 15,000 rubles, but not less than 10,000 rubles.
Confiscation of all alcohol-containing products
Identification of factors that do not comply with the standards established by the licensing authority Even with a license, the audit authority has the right to suspend the organization’s activities for 3 months
Fake excise stamps on products - counterfeit Fine up to 300,000 rubles. and confiscation of goods.

Type of offense	Legal entities	Entrepreneurs
Lack of a valid license	Fine up to 300,000 rubles.	Fine up to 15,000 rubles, but not less than 10,000 rubles.
	Confiscation of all alcohol-containing products
Identification of factors that do not comply with the standards established by the licensing authority	Even if there is a license, the audit body has the right to suspend the organization’s activities for 3 months
Fake excise stamps on products - counterfeit	Fine up to 300,000 rubles. and confiscation of goods.

If alcohol-containing products sold without a permit or with one cause harm to the health of the consumer (counterfeit), the responsible person of the selling organization will be held criminally liable.

Obtaining an alcohol license for a store - why they may refuse Important! Collecting a complete package of documents for a permit does not guarantee the issuance of a document. We suggest not to take such risks - we will audit the compliance of retail outlets with current legislation, prepare and check the available documents. We will help you quickly obtain additional conclusions from all government bodies, analyze the constituent documents, and check the presence of debts. Which option is right for you:

Possible reasons refusal	The license is issued by our lawyers	You get permission in person
Expired statutory documents or their absence	We will undertake the development of all constituent documents, analyze the type of activity, and provide maximum conditions for obtaining a license.	Sample documents do not always correspond to the type of activity of the applicant; it is difficult to draw up a legally competent Charter.
Errors/inaccuracies when filling out a set of documents to obtain a permit.	Lawyers guarantee that the papers are filled out correctly, there is no risk of refusal due to shortcomings or errors.	There is a high probability of making mistakes due to ignorance of all the requirements of the licensing authority
Bringing the premises where trade is carried out into compliance	Specialists will inspect the building and point out shortcomings that you can still correct (before the commission leaves). We will check or help you draw up a lease agreement and register it with the Federal Tax Service.	Ignorance of nuances that may affect the issuance of a permit
Incorrect information about the company was provided	Excepted because we audit all documentation	This may be intentional or unintentional.
There are no conclusions from specialized bodies (Rospotrebnadzor, Ministry of Emergency Situations, etc.)	We work closely with regulatory authorities, so we are ready to assist in issuing all the necessary conclusions as soon as possible.	Long term registration of conclusions, inability to obtain the “correct” documents

Applying for an alcohol license is not an easy task, but it is also very expensive. In addition, it will take a lot of time if you don’t know where to start and how to guarantee permission. But the problem can be easily solved without incurring any losses - contact the company "YurExpert", which has extensive experience in obtaining permits for any type of activity.

The issue of obtaining a license to sell alcoholic products is relevant for any company if it decides to trade alcoholic products, regardless of what outlet it is - from wholesale, retail or is a catering establishment. What are the rules for selling alcohol in 2018?

Why we're talking about specifically about the rules of trade in alcoholic beverages? Because every year government control over this area of ​​commerce is becoming stricter. Those who want to trade goods belonging to this category must not only obtain a license, but also constantly report to government agencies using the Unified State Automated Information System and submitting a special declaration. But first things first.

What is EGAIS and why you need to register with it

Since 2016, alcohol trade without connection to EGAIS (stands for: unified state automated Information system) is prohibited! This innovation came into effect in 2016. From January 1, everyone who produces or sells (retail or wholesale - it doesn’t matter) alcoholic products must be connected to the Unified State Automated Information System, and from July 1, the system is fully accepting data.

EGAIS is a general database of information about all alcoholic products that were produced in the country or imported into its territory, including data such as: manufacturer, date of manufacture, strength, composition, volume, etc. From July 2016, sales data will also be entered into it.

This system was created to control the turnover of alcoholic beverages and combat counterfeiting. If you want to sell such products, you will have to register with it. The fine for not connecting to EGAIS is quite impressive: for legal entities it can be up to 200 thousand rubles.

Next, let's talk about obtaining a license. I’ll say right away that the trade in alcoholic beverages is regulated by Law No. 171-FZ of November 22, 1995. Read it to become more thoroughly familiar with the requirements contained in it. The text of the law can be found at this link.

Now let's briefly go over the main points.

Which government agency is responsible for issuing a license to sell alcoholic beverages?

Licenses for the sale of alcohol-containing products are issued Federal service, which regulates alcoholic products - Rosalkogolregulirovanie (abbreviated FSRAR). Each region has its own Department responsible for the consumer market and services. Each region also monitors the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products. An application is submitted to this structure (the specific body should be clarified in advance), as well as a certain package of documents (their list is established by law and various regulations).

What is the procedure for issuing a license?

The license is issued only to legal entities; individual entrepreneurs can only sell beer and beer drinks - and a license is not required for this. The document is issued for a year or immediately for five years. To obtain a license, you need to collect and submit a certain package of documents - usually this stage is the most difficult, since collecting all the necessary documentation is really not easy.

All types of documents submitted to the authorized body undergo mandatory registration, as well as expert verification. The corresponding decision - to issue a license or refuse to issue it - is made within a month from the moment the application was registered. It is possible to extend this period by another month if additional examination is necessary.

Obtaining a license and necessary documents is the same for many organizations. The difference is the authorized capital (its size) and the requirements that retail and warehouse premises must meet.

What should be in the package of documents

The package of documents required to obtain a license to sell alcohol-containing products must include the following documents:

1. Application for a license. This document must reflect all the details of the legal entity that is applying for a license. If food alcoholic products are sold at many points, the application must indicate information about each of these points. It is possible to obtain one license, and an application will be issued for each individual location. And there is an option to obtain a separate license for any point of sale.
2. It is necessary to have copies of the constituent documents of the license applicant (necessarily certified by a notary).
3. Copies of OGRN and TIN certificates, .
4. Bank details.
5. Certificate from the Federal Tax Service confirming that there are no debts to pay taxes and fees.
6. A payment document confirming that the state fee for issuing a license has been paid.
7. Documents confirming the availability of own/leased production and warehouse premises.
8. A certificate confirming the compliance of the trade object with the declared type of activity.
9. Conclusions of government agencies on the compliance of premises with environmental requirements and fire safety standards.
10. Copies of certificates/declarations of conformity of main process equipment.
11. Documents confirming the presence of paid authorized capital of the organization.

Documents can be submitted both in paper and electronic form.

What should be the authorized capital

It is worth mentioning separately about the authorized capital, since there are special requirements here. It should be:

• Minimum 10,000 rubles - for companies that are going to sell products with 15% ethanol content;
• Minimum 300,000 rubles - for companies that intend to sell products with more than 15% ethanol content;
• 1,000,000 rubles – for a small business organization selling products with an ethanol content above 15% and not included in a special register;
• 10,000,000 rubles – for wholesalers.

Payment of state duty for an alcohol license

Now let's figure out how much a liquor license costs.

Retail sale of alcoholic products:

• Issuing a license - 65 000 rubles (for one year);
• Extension of license validity period - 65 000 rubles (for one year).
• Possible to receive for 5 years - 325 000 rubles

Production, storage and delivery of manufactured products:

• For alcohol and strong alcohol - 9 500 000 rubles (for 5 years);
• Wine and alcohol-containing food/non-food products - 800 000 rubles

Other activities:

• Transportation of ethyl alcohol - 800 000 rubles;
• Storage of alcohol, alcoholic and alcohol-containing food products - 800 000 rubles;
• Purchase, storage and supply of food/non-food alcohol-containing products - 800 000 rubles;
• Transportation of unpackaged food/non-food products containing alcohol (with an alcohol content above 25%) - 800 000 rubles

Renewal of license:

• When reorganizing a legal entity - 65 000 rubles;
• When reorganizing a legal entity through a merger, if each of the legal entities has a valid license for the same type of licensing - 3 500 rubles;
• When changing the name, location and other information about the legal entity that is indicated in the license - 3 500 rubles

Compliance with requirements for retail outlets

Before collecting a package of documents for issuing a license, it is worth taking into account all the requirements for companies, as well as retail premises in which the sale of alcohol-containing products is permitted. These requirements are listed in Article 16 of Law No. 171-FZ.

Sale of alcohol-containing products is prohibited in the following places (according to the above normative act):

1. Where medical, children's, educational institutions and sports sections are located.
2. Where cultural institutions are located. An exception may be alcohol sales within the framework of catering.
3. Where people use public transport, as well as at gas stations and stops, non-stationary retail facilities.
4. Where there are markets and large crowds of people, as well as sources of increased danger - retail / wholesale markets, train stations, airports .
5. Where there are military installations.

In addition, the following prohibitions should be taken into account:

1. Only legal entities can sell alcoholic beverages; individual entrepreneurs can only sell beer and beer drinks.
2. The sale of alcohol to minors is prohibited.
3. Advertising of alcoholic products, including on the Internet and on television, is prohibited.
4. Selling alcohol without accompanying documents, certificates, and labeling is prohibited.
5. Sale of alcohol from 23.00 to 8.00 local time is prohibited (the ban does not apply to catering and duty-free shops).

In addition to all of the above, a retail outlet applicant for a license must have a certain level of appropriate equipment.

Companies involved in the sale of alcoholic products in the city must have their own or rented stationary and warehouse buildings. The size of their total area must be at least 50 square meters. m. The cash register equipment must also work properly. If you have wholesale, then the size of the area should be at least 100 square meters. m.

These criteria are considered valid for trading company, and for catering premises. A company selling alcoholic beverages in rural areas must meet more democratic requirements - 25 sq. m. This includes a sales area and a warehouse, as well as a cash register.

To sell beer and beer drinks, you also need to have a stationary and warehouse space, as well as a cash register. However, strict requirements regarding area are not specified by legislative acts. If beer and beer drinks are sold in public catering, then the mandatory clause about own or rented stationary retail and storage premises becomes irrelevant.

What is an alcohol declaration

All legal entities and individual entrepreneurs who sell alcohol or beer must submit an alcohol declaration. By submitting this declaration, the state controls the turnover of wholesale and retail trade in alcohol in the country. If EGAIS was created to combat counterfeiting, then the alcohol declaration is a means of recording alcohol turnover. The document is submitted to the relevant executive authority of the region and to the FSRAR if an entrepreneur has a license. If you have a license, you must submit a declaration quarterly until the license expires. If there is a license, but alcohol is not sold, then the declaration must still be submitted - with zero indicators.