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Beer production legal issues. Is a beer license required? Where not to sell products

Beer, as well as cider, poiret, mead, and other beer-based drinks, are alcoholic products. When selling beer, it is necessary to take into account the rules governing the sale of alcohol, but with some peculiarities. Interested in this line of business? Then read our article, in which we will talk about the most important issues when trading beer and beer drinks:

can an individual entrepreneur sell beer;
Do you need a license to sell beer?
what restrictions exist when selling beer;
do beer sellers need to connect to EGAIS;
when a cash register is not needed when selling beer;
what OKVED codes to choose for the sale of beer;
What kind of sales reports do you need to submit?

Can an individual entrepreneur start selling beer

We will immediately answer that individual entrepreneurs have the right to sell beer. Why does such a question arise at all? Are there any prohibitions on the sale of alcohol related to the legal form of the seller (IP or LLC)? There really is such a ban, it is established by article 16 of the law of November 22, 1995 No. 171-FZ.

According to it, only organizations are allowed to sell strong alcohol. Why this is so is not explained, but the fact remains - only legal entities have the right to trade in spirits and wines. An exception is made only for individual entrepreneurs - agricultural producers who sell wines and champagne of their own production.

Regarding the sale of beer, the same article states that "Retail sale of beer and beer drinks, cider, poiret, mead is carried out by organizations and individual entrepreneurs." Please note - this is a retail sale! The fact is that there is also the norm of Article 11 of Law No. 171-FZ, and it also allows the wholesale circulation of alcohol and beer only to legal entities.

Thus, individual entrepreneurs have the right to sell beer and drinks based on it only at retail. And in order to produce and sell beer without restrictions, you need to register a company.

Do I need a license to sell beer?

And here everything is simple - a license to sell beer is not required. Again we read Law No. 171-FZ, Article 18 on extradition: "... with the exception of the production and circulation of beer and beer drinks, cider, poiret, mead." So, selling beer without a license in 2019 does not threaten anything, no sanctions are provided for this. True, certain restrictions and requirements for organizing the sale of beer still exist, and we will talk about them further.

Conditions for the sale of beer

This is perhaps the most important information that you should familiarize yourself with before organizing a beer trade. Given that beer is an alcoholic beverage, it is understandable that it should not be available at any place and time.

Beer alcoholism develops quickly and imperceptibly, which is especially dangerous for children and women. And if for beer dealers large sales volumes are profit, then buyers of a foamy drink pay with their health for its immoderate consumption. We must be sympathetic to the prohibitions established in Article 16 of Law No. 171-FZ, in the end they act for the benefit of the whole society.

children's, educational and medical institutions;
sports and cultural facilities;
public transport of all types and its stops;
markets, railway stations, airports and other places of mass congestion of citizens (with the exception of catering establishments);
military installations.

2. Beer can only be sold in stationary retail facilities, so the building must have a foundation and be entered in the real estate register. That is, temporary structures such as stalls and kiosks are not suitable for selling beer, with the exception of catering establishments. As for the area of the retail facility, if strong alcohol is sold in addition to beer, then the restriction applies:

at least 50 sq. m. in cities
at least 25 sq. m. in the countryside.

When trading only beer, there are no restrictions on the area.

3. The time for selling beer is limited to the period from 8 am to 11 pm, except for public catering outlets.

seller - from 30 to 50 thousand rubles;
official (individual entrepreneur or head of organization) - from 100 to 200 thousand rubles;
legal entity - from 300 to 500 thousand rubles;

If there is any doubt about the age of the buyer, the seller must request an identity document. In addition, criminal liability is also possible for the sale of beer to minors. Be aware that the police often stage surveillance raids involving young people in order to instigate such an illegal sale. It is better to play it safe and ask for a passport, even if the buyer looks old enough.

5. Since January 1, 2017, the production and wholesale trade are prohibited, and from July 1, 2017, the retail sale of beer bottled in plastic containers with a volume of more than 1.5 liters. Penalties for violation: from 100 to 200 thousand rubles for individual entrepreneurs and from 300 to 500 thousand rubles for legal entities.

6. Additional restrictions on the sale of beer may be established by local authorities. Thus, in many municipalities, the sale of beer in retail outlets located in multi-apartment residential buildings is prohibited. We recommend that before you start selling beer, find out all the rules in the local administration or the Federal Tax Service.

EGAIS - sale of beer

EGAIS is a state system for controlling the production and circulation of alcohol. Do I need EGAIS to sell beer? Yes, of course, but in a limited format. Organizations and individual entrepreneurs purchasing beer for further retail sales are required to connect to the system for years only to confirm the purchases of wholesale lots from legal producers and suppliers.

To connect to EGAIS, you need to get a special electronic signature and register on the official website of Rosalkogolregulirovanie. We described in detail how to do this. After registration in the system, the buyer receives his identification number (ID), and the supplier draws up invoices for him, reflecting them in EGAIS. After the consignment of goods is accepted by the buyer, the supplier writes off the delivered products from their balances in the Unified State Automated Information System, and it is fixed for the buyer.

Confirmation of the fact of the sale of each bottle of beer, as is the case with strong alcohol and wine, is not required, therefore, the sale of beer through EGAIS is easier to process than other alcoholic beverages. The main thing here is to confirm that the wholesale batch of beer was purchased legally.

Please note that trading in beer without a cash register is punishable separately under Article 14.5 of the Code of Administrative Offenses of the Russian Federation:

for individual entrepreneurs and heads of organizations - from ¼ to ½ of the calculation amount, but not less than 10,000 rubles;
for organizations - from ¾ to the full amount of the calculation amount, but not less than 30,000 rubles.

New OKVED codes for beer trade

Please note that when registering individual entrepreneurs and LLCs, only the classifier is used. To indicate the types of activities related to the sale of beer, use the new OKVED codes of 2019.

For wholesale trade in beer:

46.34.2: Wholesale trade in alcoholic beverages, including beer and edible ethyl alcohol;
46.34.23: Wholesale of beer;
46.17.23: Activities of beer wholesale agents.

For retail beer:

47.25.1: Retail sale of alcoholic beverages, including beer, in specialized stores;
47.25.12: Retail sale of beer in specialized stores.
47.11.2: Retail sale of non-frozen products, including drinks and tobacco products, in non-specialized stores;

For the sale of beer in public catering:

56.30: activities of bars, taverns, cocktail halls, discos and dance floors (with a predominant service of drinks), beer bars, buffets, phyto-bars, drinks vending machines.

Important: if you registered an individual entrepreneur or LLC before July 11, 2016, then you do not need to make any changes to the codes, the Federal Tax Service will independently correlate your old and new OKVED codes entered in the registers.

But if you decide to start selling beer after mid-2016, and the corresponding codes were not entered immediately upon registration, then you need to report a new type of activity using the forms (for individual entrepreneurs) and P13001 or P14001 (). In this case, indicate the codes according to OKVED-2, as indicated above.

Accounting for the sale of beer

From January 1, 2016, sellers of alcoholic products, including beer, are required to keep a register of retail sales. The form of the journal and the procedure for filling it out are approved by Order of the Federal Alcohol Regulatory Agency dated June 19, 2015 No. 164.

The journal must be completed daily, no later than the next day after the sale of each container or package of alcohol, including beer. At the end of each day, sales data is filled in: name, product type code, volume and quantity. This is how a sample magazine looks like, posted on the website of the state organization FSUE CenterInform, which issues an electronic signature for connecting to the Unified State Automated Information System.

For the absence of a journal or its incorrect maintenance, a fine is imposed - from 10 to 15 thousand rubles for individual entrepreneurs and from 150 to 200 thousand rubles for organizations.

In addition, following the results of each quarter, no later than the 20th day of the next month (April 20, July, October, January, respectively), a declaration on the turnover of beer in the form No. 12 must be submitted to Rosalkogolregulirovanie. August 9, 2012 No. 815.

Let's summarize:

Beer can be sold not only by organizations, but also by individual entrepreneurs, however, only retail trade for final consumption is allowed for them.
A license to sell beer is not required.
Consider the statutory prohibitions on the place, time and circle of buyers when selling beer.
It is impossible to legally purchase a batch of beer for further sale without connecting to EGAIS, so you need to register on the Rosalkogolregulirovanie website. After that, the system will need to confirm the fact of the purchase of the batch each time and reflect the remaining products.
From March 31, 2017, the sale of beer, including in public catering, is possible only with the use of a cash register, regardless of the tax regime.
From July 11, 2016, only OKVED-2 applies for registration purposes. Specify OKVED codes for the sale of beer from our selection, they correspond to the current classifier.
Keep a log book for alcohol retail and submit declarations on the sale of beer in a timely manner.

Producers and sellers of beer and other malt drinks will have to obtain licenses. On behalf of Deputy Prime Minister Alexander Khloponin, the Ministry of Finance will fix these measures in the "road map" for the development of the industry, according to the protocol of the government commission (Izvestia has it). The state is strengthening control over the beer market, which will lead to the withdrawal of "gray" companies from it.

For the production and sale of beer and beer drinks, a license is required - Deputy Prime Minister Alexander Khloponin instructed to include the development of this norm in a new road map for the development of the industry. This is stated in the protocol following the meeting of the government commission at the end of 2017. The draft of the new road map for 2018-2019 has already been prepared by the Ministry of Finance (Izvestia also has it). It follows from the document that a report to the government on strengthening control over beer products will be ready in the second quarter of 2018.

Facts of illegal production and circulation of beer and beer drinks are systematically revealed. Less than a quarter of beer producers are members of the Unified State Automated Information System (330 out of 1.4 thousand manufacturers). An analysis of the reporting of brewers-beneficiaries shows discrepancies between the declared volumes of shipment and products purchased and sold in retail, Natalya Platonova, Alexander Khloponin's press secretary, told Izvestia.

Now the production and retail sales of beer and its derivatives do not need to be licensed. The industry is controlled by Rosalkogolregulirovanie (RAR) with the help of the EGAIS state accounting system in production. Trading networks declare volumes of retail sales.

Natalia Platonova reminded that all retail sales of beer are exempt from EGAIS, control over the sale is carried out only within the framework of declarations. At the same time, the reporting discipline of brewers remains extremely low. Often manufacturers do not provide information about the sale of beer and beer drinks. This is especially true for 112 thousand individual entrepreneurs - up to 30% of them do not submit declarations on the sale of products. According to the Code of Administrative Offenses, the punishment for legal entities for such a violation is up to 100 thousand rubles, and for individual entrepreneurs - up to 10 thousand rubles.

Retail sales of beer, according to RAR, increased by 12.1% in 2017, beer drinks - by 9.8% (in total, their sales amounted to 742 million decaliters). The excise rate for these products increased by 5% last year. Taking into account the increase in sales and the excise rate, revenues to the treasury from the collection should have increased by a proportional amount. But this did not happen. According to the Federal Tax Service, 150.2 billion rubles were transferred to the budget from excises on beer and its derivatives, which is only 1.3% higher than in 2016. From this we can conclude that there are a number of manufacturers on the market that do not pay taxes on alcohol. In 2016, in a similar situation, the RAR concluded that there was a shadow sector, which officials estimated at a third of the entire beer market. The service has not yet provided similar estimates for 2017.

Oraz Durdiyev, director of legal affairs and corporate relations at SUN InBev, does not consider licensing to be an effective and necessary tool for regulating the industry.

Baltika noted that the innovation will create new administrative barriers and lead to additional costs for business and, as a result, an increase in production costs.

This will lead to an even greater shift in demand towards spirits, a company representative warned.

The Ministry of Finance, the Ministry of Industry and Trade, the Ministry of Economic Development and the RARE did not answer questions from Izvestia about how the implementation of the proposal to introduce licensing could affect the market and how it would affect the prices of products in stores. The Association of Retail Companies (which unites the largest federal retailers) declined to comment on this matter.

Licensing always results in additional costs for the manufacturer, which leads to a rise in the cost of products, since manufacturers pass on part of the costs to buyers. The price will also be affected by the reduction in supply from brewers. Small factories are unlikely to operate under the new rules, which will result in significant costs for them both for the license itself and for the payment of excise duty.

In most countries of the world, traditional beer is considered a favorite drink. For this reason, the intoxicating drink enjoys consistently high consumer demand throughout the year. Therefore, the production of beer, as a business, is a very profitable occupation. In addition, brewing is considered one of the most ancient ways of earning money. Beer production technology was developed hundreds of years ago. Since then, year after year, it has been improved and honed.

In our time, the vast majority of beer production is carried out by large breweries with big names. However, according to many lovers of this intoxicating drink, often its quality does not meet the stated requirements. In addition, unscrupulous producers, trying to maximize the shelf life of drinking, add to it a “bouquet” of preservatives that negatively affect the taste characteristics of bottled beer.

Real beer fans prefer live beer to draft analogues. It is produced exclusively by private breweries. The taste of a live intoxicating drink is always fresh and pleasant, because preservatives and flavor enhancers are not included in its composition. Most entrepreneurs who know what home beer production is, argue that, despite the high level of competition, a business idea is considered one of the most profitable earning opportunities.

Beer production: a competent business plan

Before starting the implementation of a business idea, a businessman must develop detailed business plan, having previously analyzed consumer demand in a particular territorial area. The plan also includes calculations of the amount of required initial capital, as well as the estimated payback period. business ideas for the production and sale of beer.

If we talk about demand in the consumer market, it should be noted that beer is considered the most popular among all alcoholic beverages. The reason for the high popularity can be called a low price and pleasant taste. It should also be noted that in summer the demand for this alcohol increases significantly, however, in the cold season it remains consistently high, so beer should not be called a seasonal drink.

Given the fact that it is difficult for a simple entrepreneur who owns a small brewery to compete with large factories that are engaged in mass production, he should carefully consider the process of selling the prepared drink. However, sales can only be successful if the beer production technology is followed, which is best brewed according to a proven recipe. Distinctive taste characteristics will win the hearts of consumers, many of whom will become regular customers.

The business plan is divided into the following steps:

after choosing an idea for starting a business, it is necessary to analyze the consumer market;
then the business must go through the process of official registration;
calculation of all financial costs associated with starting a business;
selection of suitable premises and conclusion of a lease agreement;
choice of equipment for brewing;
determination with the sales market and development of an advertising company.

Equipment for the production of beer

In the modern market, an entrepreneur will find a wide range of equipment from well-known brands. The most demanded products are from Czech, Russian and Chinese manufacturers of equipment for breweries. Price categories also fluctuate a lot.

Take, for example, equipment from the manufacturer Inyegral-Geha, whose capacity is one thousand liters per day, costs about 650 thousand dollars, but an analogue of Russian production from CJSC Moscon costs about 170 thousand dollars. To start, it is best for an entrepreneur to purchase a model at an affordable price, but of decent quality. If a businessman does not plan to produce more than a hundred liters of beer per day, it is enough for him to purchase equipment worth about 900 thousand rubles.

Business registration

If an entrepreneur decides to open a business in the production and sale of beer, he needs to register his business in the manner prescribed by law. To begin with, a businessman needs to decide what the material and legal form of his activity will be. It's best to stick with IP. As the formalization process becomes simpler, its pace will increase, the payment of taxes will be carried out according to a simplified scheme.

If we talk about licensing home beer production, the Russian government annually considers new bills regarding the licensing of beer production. Today, a license is not needed for the production of beer, which greatly simplifies the opening of a business in this area.

Features of beer production

The brewing process must be controlled by a knowledgeable technologist. The owner may not be directly involved in the process, but he must know the specifics of home beer production.

The whole process includes:

must preparation;
yeast fermentation;
post-fermentation;
filtration and pasteurization processes;
beer spill.

Also, the entrepreneur must understand that the most profitable option for the delivery of a drink is its transportation in kegs. In addition, it is more cost-effective to make an intoxicating drink on malt extract, but not on malt. Such a product does not need to be certified, the entrepreneur only needs the conclusion of the SES.

Raw materials and their suppliers

All that is needed for brewing is hops, water, malt extract and brewer's yeast. You can improve the quality of the drink by using soft water. Purchases of raw materials are made as follows:

conclusion of a deal with a partner-supplier of the necessary equipment;
purchases from foreign companies;
establishing contacts with large breweries.

Initially, the businessman will need about two million rubles. In this case, the amount of income will be approximately two hundred thousand rubles monthly.

Technological processes

Beer production technology conditionally divided into several stages:

Malt is pre-prepared. To do this, it is necessary to germinate grains of cereals, for which it is best to choose barley. Then they are dried, and also cleared of all sprouts;
The must is rubbed off. Now the malt is crushed and mixed with purified, softened water, resulting in a sweet wort. Congestion is considered a composition of water and crushed grain products;
Next, the mash is filtered when it is distilled through specific filters, as a result of which the mixture is split into beer unhopped wort and grains;
The wort is boiling. Hops and other ingredients are added to it. The whole process takes an hour or two. During the boiling time, the hops have time to dissolve, and the aromatic components that adversely affect the taste also disappear;
The must is clarified. The separation of the rest of barley from hops is carried out in a hydrocyclone, where the wort moves. The centrifugal force influences the wort so that the residues are concentrated along the radius of the equipment. Then the wort settles for twenty to thirty minutes and is separated from the sediment;
Wort cooling stage. The must is transported to a special fermentation tank, where it is saturated with sufficient oxygen and cooled. Preparing for yeast nutrition;
Next, brewer's yeast is added to the composition, after which the solution ferments for several weeks. Upon completion of the fermentation process, an opaque liquid is obtained, which does not at all look like beer. Therefore, the process of fermentation follows, when the intoxicating drink is aged in closed tanks under a slight pressure of carbon dioxide. The duration of the fermentation stage directly depends on the type of intoxicating drink;
Beer lends itself to filtration, freeing itself from yeast particles. Most often, this stage is carried out only in industrial brewing. Due to the use of filtration, the shelf life of beer increases, since the microflora of the drink is partially destroyed;
Some of the beer varieties are pasteurized. The pasteurization process, when the beer is heated to a temperature of 60 - 80 degrees, also lengthens the shelf life of alcohol. It should be noted that pasteurization negatively affects the taste of the drink.

hired personnel

It will be quite difficult for an entrepreneur to cope even with a small brewery. It is best to hire qualified workers who should understand the manufacture of the drink. Full control of each stage of the technological process will lie on the shoulders of employees. It is advisable to hire a financier who will monitor cash flows. To perform this function, an accountant or a lawyer is suitable.

To transport a drink, you should purchase a car, which will be driven by a driver, as well as a loader. The entrepreneur should also not forget about conducting the right marketing campaign, which is developed by a highly qualified manager.

Initially, the entrepreneur can perform some of the functions on his own. However, a businessman should not take on the control of technological processes if he does not have certain skills and knowledge.

Sale of beer

Home production of beer will be profitable only if the entrepreneur takes care of the ways of selling the drink in advance. It should be noted that it is unlikely that a businessman will be able to sell a drink at a bargain price on initial pairs, because the competition will be too high. However, over time, when the beer recipe is in demand, the revenue will become larger. Then the entrepreneur can justifiably increase the price.

It must also be remembered that the intoxicating drink has a rather short shelf life, so it must be sold almost immediately, until all the beneficial qualities and taste properties disappear. It is best for an entrepreneur to try to conclude long-term deals with local pubs and bars, restaurants and summer cafes.

Features of a beer selling business

The current laws clearly distinguish between the wholesale and retail sale of beer drinks. D These frameworks have a direct impact on business development. The established norms allow the sale of alcoholic beverages only to those firms that are registered as legal entities. However, the law on the circulation of alcohol-containing products allows the sale of beer drinks by private entrepreneurs. This legal nuance is one of the main pitfalls inherent in the area under consideration.

The rules established by the legislature allow the sale of alcoholic beverages both to citizens of our country and to foreign entrepreneurs.

In order to create such a business, it is necessary to obtain a special legal status and issue an appropriate license. Individual entrepreneurs are allowed only retail trade. Legal structures can be engaged not only in retail sales, but also to conclude wholesale transactions. It is important to note that in the absence of the status of an entrepreneur, such trade is prohibited.

Only persons who have reached the age of majority have the right to work in this area. Control authorities pay special attention to the level of civil capacity. The production and sale of alcoholic beverages is one of the most complex business areas. Companies engaged in this business must comply with all the rules established by the control authorities.

Available Requirements

Before moving on to talking about whether a license is needed to sell beer, it is necessary to consider in detail the requirements of the regulatory authorities. Beginners in this field should remember that any violation of the current rules may result in penalties.

Terms of trade

Many rules for the sale of alcoholic beverages partially apply to the sale of beer. Current laws allow trading from 8 am to 11 pm. It should be noted here that these time limits are set by local authorities. In some regions, the ban on the sale of beer at night comes into effect at ten in the evening. The only exception to this rule is provided for public catering outlets operating around the clock.

Established rules prohibit the sale of drinks containing alcohol to persons under the age of majority. This rule applies not only to strong drinks, but also to low-alcohol liquids. In addition, it should be taken into account that private entrepreneurs have the right to sell various beer in limited quantities. The volume of containers used to pour the drink should not exceed one and a half liters. The use of containers whose volume exceeds the established indicator may result in penalties. The fine can reach half a million rubles. When choosing specific measures, the control bodies take into account the volume of implementation.

Producers and sellers of beer and other malt drinks will have to obtain licenses

Where it is forbidden to sell beer products

A license to trade in beer is not a prerequisite for private entrepreneurs that are engaged in retail sales. However, the owners of such companies must comply with other requirements of the regulatory authorities. One of these requirements is the competent choice of location for the location of the outlet.

Current regulations prohibit the sale of alcohol at gas stations, sports complexes and facilities of national importance. In addition, the sale of beer is prohibited near kindergartens, schools, medical centers and cultural sites. Self-employed individuals are prohibited from selling alcohol-infused beverages through mobile outlets. This means that a permanent location is required to sell beer.

Established rules for the outlet

When organizing a beer store, an entrepreneur needs to correctly choose the property. The selected object must be registered in the relevant register without fail. Trading in temporary or mobile structures is allowed only for public catering establishments. It should be noted here that the rules regarding the size of real estate that apply to the sale of spirits do not apply to the sale of beer. This means that entrepreneurs have the right to choose real estate based on the amount of their capital.

Do you need a cash register

Prior to the beginning of two thousand and eighteenth year, companies operating in this area had the right to use a simplified cash system. This system implied the absence of cash registers. Beginning in the summer of 2018, all entrepreneurs who used ledgers must install cash registers. These rules apply both to retail stores and those outlets that sell various beers. The only exception is public food outlets.

Beer containing ethyl alcohol in an amount greater than 0.5% of the total volume of the drink, refers to alcoholic products

Reporting Forms

The EGAIS electronic system is used to submit reports to the control authorities. This system was developed by the federal service that regulates the sale of alcoholic beverages. The system automatically sends this service information about the quantity of a consignment of alcohol purchased by a particular seller.

The collection of information on the turnover of alcoholic beverages can significantly reduce the risk of low-quality products appearing on the market. Information about each product sold must be entered into the system. Such an approach to the reporting system greatly simplifies the process of interaction with control authorities.

Draft beer can be sold without a license only if the entrepreneur has access to this system. In order to obtain such access, the entrepreneur needs to contact the relevant authority. After completing the registration procedure, you need to send an official request for access to the system. The term for issuing a permit is five working days. At the end of this period, the entrepreneur will receive an individual key that allows trading.

Can an individual entrepreneur engage in this type of business

The question of whether a beer license is needed and whether an individual entrepreneur can work in this area worries many novice businessmen. The relevance of this issue is explained by the high profitability of this direction. One hundred and seventy-first article of the Federal Law states that the sale of alcoholic beverages is allowed exclusively to legal structures. However, these rules do not apply to the retail sale of beer. It is important to note that there are exceptions to this rule. The sale of beer is prohibited for individual entrepreneurs engaged in the production of wine, champagne and agricultural goods.

The rules established by the legislature prohibit individual entrepreneurs from wholesale alcohol. Based on the foregoing, we can conclude that for the sale of beer, private entrepreneurs do not need to issue a license. This rule is enshrined in the law on the procedure for issuing a license. It is important to note that in the year 2017 this law was amended. Beginners in this field are advised to carefully study all the nuances associated with obtaining permission to open a business.

Is it necessary to purchase a license to sell beer?

Above, we have already noted the high relevance of the issue of how to obtain a license to sell beer. In order to obtain permits, you must contact the service that controls the circulation of alcoholic beverages. To obtain a permit, you need to prepare a number of documents, which we will consider below.

All alcohol is subject to excise taxes on sale and, in addition, a license is required for its manufacture and sale.

Documents for obtaining permission

The documents included in the standard package of acts required for obtaining a permit can be divided into three categories. The first group includes documents that require certification by a notary agency. This group includes the decision (agreement) on the establishment of the company and the internal charter of the company. In addition, you will need documents confirming the completion of the registration procedure and tax registration.

One of the required documents is an act confirming that the property where the outlet will be located is the property of the entrepreneur. The conclusions issued by the SES must be attached to this document.

The second group includes documents that must be numbered and stitched before being submitted for verification. These documents can be certified by the organization itself. An entrepreneur who wants to buy a license should prepare a lease agreement for the facility and a plan for the premises itself. Copies of agreements on the installation of fire alarms and the removal of household waste will also be required. Another mandatory document is the technical passport of the cash register. The registration card of the equipment should be attached to this form.

The third category includes original documents that are transferred to employees of the Federal Service of Rosalkogolregulirovanie. This group includes a certificate of no debts to the tax office and a certificate of compliance with fire safety standards. It is important to note that the first document has a limited validity period.

Registration procedure

Since the beginning of two thousand and eighteen, many laws have been introduced that have changed the procedure for the sale of low-alcohol drinks. Entrepreneurs who are interested in the question of how much a license to sell beer costs are advised to carefully study the procedure for selecting applicants for obtaining permits. These documents can be obtained from the service that controls the alcohol market.

You can simplify the application procedure by using the services of special agencies that have a certificate for the provision of intermediary services. These agencies assist in the process of preparing documents, as well as provide advice on all important issues related to obtaining a permit. An application for obtaining permits must be submitted to the Department of Commerce. An entrepreneur needs to contact the local branch of this body with a package of the above documents. This department considers the received application within one month. After that, the Rosalkogolregulirovanie service issues a permit.

The entire alcohol market in Russia operates on the basis of federal law No. 171

Reasons for refusal to issue a license

A license for the production of beer and the sale of this drink is issued only to those entrepreneurs that meet all the criteria established for this area. Many businessmen experience difficulties in meeting the requirements of regulatory authorities. It is this fact that explains the difficulties with obtaining permits. Increasingly, entrepreneurs are faced with refusal to accept documents. These actions of representatives of regulatory authorities are explained by the fact that the submitted documents have many errors.

In addition, many entrepreneurs provide expired documentation. This factor, as well as the absence of one of the important documents, may cause a refusal to consider the application. Business entities that have received a refusal have the legal right to re-apply. It is important to note that in this case, you will need to re-prepare all the papers and pay the state fee. A possible refusal can be avoided only with a thorough check of the documents prepared for transfer to the control authorities.

New OKVED codes for the sale of beer

Each entrepreneur undergoing the registration procedure must indicate in the application the codes of economic activity corresponding to the chosen line of business. You can get these ciphers from a special reference publication. These ciphers are used by control authorities to collect statistical information about the activities of firms registered in Russia. It should be noted here that codes intended for wholesale trade differ from codes provided for retail sale. Wholesale companies operating in this area are recommended to use the following ciphers:

"46.17.23» - activities of wholesale companies.
"46.34.2"- sale of beer drinks.
"46.34.23» - sale of alcoholic products and beer.

There are other codes for retail outlets. The following designations may be used:

"47.25.1"- sale of alcohol through specialized outlets.
"47.25.12"- sale of beer drinks through specialized outlets.
"47.11.2» - trade in a standard outlet.
"56.30" - sale of products in public catering outlets.

It is important to note that companies registered before 2016 do not need to contact the tax office to make adjustments to the selected OKVED codes. Employees of this service will independently enter new information into internal documents.

The beer market occupies a large share in the total alcohol market

To treat their visitors with fresh beer, many owners of restaurants and cafes with a full kitchen set up mini-breweries. In this regard, there are many nuances associated with the organization, permits and the sale of beer in such establishments. We will talk about how to resolve these issues in our article.

From the point of view of legislation, beer is a paradoxical drink. Despite the fact that beer is an excisable product, the income from the sale of which is subject to a fee for the development of viticulture and hop growing, a single entrepreneur can sell beer at retail without strict control over sales volumes. In addition, this is the only drink that is not formally alcoholic, but may contain a significant amount of alcohol. And, finally, the production of beer is regulated by standards and rules, compliance with which is not always mandatory.

The key question that needs to be answered when building a scheme for the operation of a brewery in a restaurant business is whether the legal framework makes it possible to combine these two types of activities with one owner. The legislation does not contain a clear permission, but it does not prohibit either. This contradiction can be resolved on the basis of the principle of free choice of types of entrepreneurial activity by a business entity. Such entities have the right to independently carry out any entrepreneurial activity not prohibited by law without restrictions. Since beer is a drink, and the legislation provides for the possibility of the existence of own-produced drinks in restaurant business establishments, the preparation of beer in such an establishment is considered absolutely legal.

So, it is possible to brew beer in a restaurant, but the next question arises as to whether a license is needed for self-brewing beer. To do this, you need to decide whether beer belongs to alcoholic beverages. According to the current legislation, an alcoholic beverage is a product obtained by alcoholic fermentation of sugar-containing materials or made on the basis of edible alcohols with an ethyl alcohol content of more than 1.2% by volume, which are indicated in headings.

The main difference between beer and alcoholic beverages is the method of fermentation and the type of source material. Beer is made not by alcoholic fermentation of sugar-containing material, but by fermentation of wort with the help of brewer's yeast. Brewer's yeast and alcohol yeast are different strains of yeast. Due to the inconsistency of beer with the concept of an alcoholic beverage, it follows that you do not need to obtain a license to make it. As well as do not need a license to retail this drink.

In addition, the requirement for mandatory certification of products does not apply to the production of beer. Since beer does not belong to the list of products subject to mandatory certification, approved by the executive authority for technical regulation.

However, the process of making beer must meet the mandatory requirements of state standards:

Occupational safety and health requirements;

Requirements that ensure the safety of products for the life, health and property of citizens, the protection of the natural environment;

Metrological norms and regulations that ensure the reliability and uniformity of measurements;

Provisions that ensure technical unity during the development, manufacture, use of products;

The concepts and terms that are used in the field of waste management, the requirements for the classification of waste and their certification.

Therefore, equipment for the production of beer must be checked for compliance with environmental standards and a hygiene certificate for the produced drink must be obtained. The document is issued after verification and examination of the documentation. Hygiene assessment is important because it allows you to assess the impact of the product on the human body, as well as its safety.

The production of beer also provides for compliance with sanitary norms and rules. And, therefore, to start the beer production process, it is necessary to obtain from the sanitary service an operational permit for facilities for the production, processing or sale of food products and the conclusion of the state sanitary and epidemiological examination with an agreed assortment of beer planned for production.

In principle, these are all the legal aspects that should be considered if you want to organize a mini-brewery at a restaurant or cafe. We wish you success in this interesting, but not always easy job, which, despite all its difficulties, brings a fairly high income.