Is it possible for an individual to sell alcoholic products of his own making?

Have you decided to devote yourself to the restaurant business or are you opening a bar or grocery store? It is a very profitable business to organize the sale of alcohol. Other income items are not as profitable. Selling alcohol allows you to earn consistently high profits. Experienced marketers jokingly note that alcohol sells remarkably well in moments when a crisis or recession occurs. This is due to the fact that people simply begin to panic. The demand for such products is always high. According to analysts, in our time this industry is the most profitable business in existence. In this case, both those who produce and those who sell goods wholesale or retail have a profit. The annual growth of goods sold is projected to be approximately 10%.

How to obtain the necessary license

Are you starting your own business, which is necessarily related to alcoholic products? In this case, it is important to obtain a mandatory license. She will give you necessary right carry out a certain type of activity related to the sale of these products.

Our country vigilantly monitors that all rules at the time of obtaining the necessary permission are followed as strictly as possible. The production and direct distribution of alcohol is under state control. The thing is that such a product is harmful to our health and significantly lowers the morale of society, young people in particular. All rules for obtaining the necessary permission to sell this type of product at retail are regulated by law.

First of all, you must be registered as a legal entity. Your capital (authorized capital) must be at least 1,000,000 rubles (this is based on one trading point). In order for alcohol to be sold by an ordinary business entity, you need 300 thousand rubles, and to sell it in the catering industry - 10 thousand rubles. Special permits are also issued to allow the boundaries of certain territories to be established. The state has established a minimum required price. It is impossible to make the cost of these products with alcohol content lower.

To obtain the necessary license, you must provide the relevant authority with a whole package of documents necessary for this procedure. Their list is determined by the law currently in force. You must write an application, indicating all the details of your organization and the necessary contacts, the specific type of your activity and the products sold. You also need to collect copies of all documents issued during the registration and establishment of the company. Permissions from various state level authorities are also required. To obtain a compulsory license, it is advisable to contact the relevant companies. They will help you get everything done as quickly as possible. You will be provided with full support: from submitting all collected documents to issuing a completed permit.

Trading Rules

There are certain requirements for warehouses, as well as production premises. In rural areas their area should be 25 meters square, in the city - 50 meters square. The lease agreement is concluded for 12 months or a longer period. There are also a number of additional rules for trading. Products should only be sold in facilities that are stationary. Since 2013, this requirement must also be observed in relation to the sale of beer. According to the law, alcohol is not sold from 11 pm to 6 am. It is also prohibited to sell products containing alcohol in educational institutions, public places, as well as minors.

Alcohol trading is a profitable business

The law that existed until recently that mandatory information on all sales made within a certain time frame must be submitted to Rosstat has now been repealed. Some other norms are also outdated. A number of amendments have appeared. For example, the concept itself was expanded. Now all products that contain 0.5% alcohol (ethyl) or more are considered alcoholic. The previously existing rules regulating the transportation, storage and direct warehousing of these drinks were also changed. By law, you can only transport alcohol if you have a license. In this case, the type of transport plays absolutely no role.

Is it possible to an individual sell your own alcoholic products?

Quite often in life there are situations when a person is interested in making alcoholic drinks of various strengths. Moonshine, wine homemade, tinctures, liqueurs. First for personal use, then for friends, relatives and acquaintances. And the thought arises: the product is wonderful, the reviews are excellent, maybe it can be sold to other people? Let's try to answer this question.

The most important document regulating such activities is the Federal Law “On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products” No. 171-FZ dated November 22, 1995.

Let's start with the fact that Article 11 of this law establishes a limited circle of entities that have the right to manufacture such products and participate in their circulation.

1. This list does not include individuals. That is, citizens can participate in the circulation of alcohol and alcohol-containing products only as final consumers purchasing goods for personal needs. The production or storage for the purpose of sale of home-made alcoholic beverages, non-industrial alcohol-containing liquids (moonshine, home brew) is classified as the illegal sale of goods, the free sale of which is prohibited or limited (Article 14.2 of the Administrative Code) and is punishable by a fine of one and a half to two thousand rubles with confiscation .

2. The production and circulation of alcoholic products (with the exception of retail sales of beer, beer drinks, cider, poiret and mead) and alcohol-containing food products is carried out by organizations. In addition to organizations, agricultural producers (peasant farms, individual entrepreneurs recognized as agricultural producers) can produce wines, sparkling wines (champagne) from their own grapes, store, supply and sell at retail. Agricultural producers are organizations or individual entrepreneurs engaged in the production of agricultural products, their primary and subsequent (industrial) processing (including on leased fixed assets) and the sale of these products, provided that the share of income from the sale of these products is at least 70% behind calendar year. Vineyards must belong to agricultural producers on the right of ownership or lease.

3. When producing alcoholic products, it is necessary to understand that it is a food product and must meet safety requirements, i.e., under normal conditions, its use is not harmful and does not pose a health hazard. Failure to comply with these requirements will result in administrative liability under Art. 14.18 of the Code of Administrative Offenses of the Russian Federation in the form of a fine with confiscation of manufactured products. When producing, storing, supplying and retailing wine products produced, it is necessary to obtain a license. In accordance with paragraph 4, paragraphs. 94, paragraph 1 of Art. 333.33 of the Tax Code of the Russian Federation for the actions of authorized bodies related to licensing activities for the production, storage and supply of produced wine, fruit wine, sparkling wine (champagne), wine drinks produced without the addition of ethyl alcohol, a state duty in the amount of 800,000 rubles is paid. For actions of authorized bodies related to the granting or extension of a license for the retail sale of wine products, a state duty in the amount of 65,000 is paid for each year of validity of the license. There are restrictions on the volume of sales of such wines: no more than 5,000 deciliters per year.

4. Retail sales of alcoholic products (with the exception of beer and beer drinks, cider, poire and mead) are subject to licensing, while a license for the retail sale of alcoholic products is issued by authorized bodies only to organizations and agricultural producers of wine products (Articles 16, 18 of the Federal Law "On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products”).

Peasant (farm) enterprises and individual entrepreneurs recognized as agricultural commodity producers and carrying out retail sales of wine, sparkling wine (champagne) produced by them at the location of production of these products must have for such purposes owned or leased stationary production premises in which retail sales are organized sale, as well as cash register equipment, unless otherwise provided by federal law.Individual entrepreneurs who are not agricultural producers have the right to sell only beer and beer drinks, cider, mead, poire, or sell alcohol-containing non-food products, i.e. those products for which a license is not required. Trade by an individual entrepreneur in other alcoholic beverages entails liability under Part 2 of Art. 14.1 Code of Administrative Offenses of the Russian Federation.

5. There are certain requirements for alcohol products sold at retail in the Russian Federation. The information must be in Russian and contain information about:

Name of alcoholic products;

The price of alcoholic products;

Manufacturer's name (legal address);

Country of origin of alcoholic products;

Certification of alcoholic products or declaration of their conformity;

State standards, the requirements of which alcoholic products must

Correspond;

Volume of alcoholic products and consumer packaging;

The names of the main ingredients that affect the taste and aroma of alcoholic drinks

Products;

State requirements standards and contraindications for its use;

Date of manufacture and expiration date or expiration date;

The health risks of drinking alcohol.

There are also certain requirements for closures for consumer packaging, specifics of taxation and the amount of these taxes, labeling, special requirements for retail sales... The list of requirements is huge. Responsibility for non-compliance is serious. Whether or not to engage in the production of alcoholic beverages for sale is, of course, up to you, but we still recommend that you act within the law.

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Every adult, even if he doesn’t drink at all, has had to buy vodka at least once in his life. I probably had to do this more than once, but I remember only one case, which I will now tell you about.

It was the most ordinary working day. Clients called, asked for advice, asked typical questions: which blanket (pillow, bed linen) is better and “what would you recommend?” In short, a typical working day for an online store: couriers, deliveries, customer orders. The whole day passed in endless consultations and discussions about the quality of bedding, and at 20 o’clock, completely exhausted, I went home.

On this day, my plan was to buy a bottle of vodka.

The fact is that the day before I had a conversation with my friend Lyudmila, who works as a pharmacist in a pharmacy. Winding from topic to topic, no one knows how, the conversation between two friends touched on vodka, and Lyudmila casually noted that “30 grams of vodka is a medical dose,” which is not addictive and is even very beneficial for the body. This statement, and even heard from the lips of a professional pharmacist, made such an indelible impression on me that the next day I woke up with the thought: “stop drinking Valocordin, I need to buy vodka.”

And so, after a busy day at work, at 20 pm I went to the store to buy vodka.

To my surprise, in the wine department of the store, vodka occupied an entire shelf. I am not an expert on the issue of strong alcoholic drinks; since Soviet times, I have become accustomed to believing that our vodka is the best and I involuntarily look for “Stolichnaya” with my eyes. The variety of vodkas both amazed me and cast doubt on the absolute superiority of Stolichnaya, and since for my beloved I wanted to buy only the best and " useful“For vodka, I decided to consult a specialist, or simply a saleswoman in the wine department.

“Please tell me,” I turned to a powerfully built woman with a calm face, “which vodka is better?” To which the saleswoman, without changing her pose or facial expression, replied: “How should I know? Am I drinking it or what?!”

My indignation knew no bounds: “What! You are a seller and don’t know your product?!” - I exclaimed - “You are a seller, you should know everything about your product!” - don’t forget, I spent the whole day answering exactly the same questions, with the only difference that the subject was not vodka, but bed linen. The saleswoman seemed speechless, the expression of her gaze changed, but after my tirade she did not utter a sound. “Give me the Russian Standard,” I said, still indignantly. I paid and headed to the exit of the store. Out of the corner of my eye I saw the saleswoman looking after me with an astonished gaze.

Only in the morning, when I had slept and rested, did I remember my trip to the store and how comical the situation was. And in the office, my story brought smiles to my colleagues, and then discussions followed about which vodka is better. Opinions differ...

You must give the buyer a receipt for the goods. Will the check be a check?

I believe that your way of working with the store may be of interest to law enforcement agencies.

The platypus is in 3rd place on the Forbes magazine list; its owners have sufficient administrative resources.

Although Federal law dated November 22, 1995 N 171-FZ “On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products” (hereinafter referred to as Law N 171-FZ) does not establish a corresponding ban, the organization does not have the right to carry out remote sale of alcoholic beverages. This position is confirmed by the position of the Supreme Court of the Russian Federation.
Rationale: Article 16 of Law No. 171-FZ establishes special requirements for the retail sale and consumption (drinking) of alcoholic products. Law No. 171-FZ does not directly state that the sale of alcoholic products remotely is prohibited. However, by virtue of clause 2 of Art. 16 of Law No. 171-FZ does not allow retail sales of alcoholic products, in particular to minors. If a person directly distributing alcoholic products to minors (the seller) has doubts about whether this buyer has reached the age of majority, the seller has the right to demand from this buyer an identification document (including an identification document of a foreign citizen or stateless person in Russian Federation) and allowing to establish the age of this buyer. Based on clause 1 of Art. 26.1 of the Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the Protection of Consumer Rights”, a retail purchase and sale agreement can be concluded on the basis of familiarization of the consumer with the description of the goods offered by the seller through catalogues, prospectuses, booklets, photographs, means of communication (television, postal, radio communications and others) or other methods that exclude the possibility of direct familiarization of the consumer with the product or a sample of the product when concluding such an agreement (remote method of selling goods) by means. Clause 5 of the Rules for the sale of goods by remote method, approved by Decree of the Government of the Russian Federation of September 27, 2007 N 612 (hereinafter referred to as the Rules ), the remote sale of alcoholic beverages, as well as goods, the free sale of which is prohibited or limited by the legislation of the Russian Federation, is not allowed. Thus, the current regulatory legal acts an unconditional ban on the remote sale of alcoholic beverages has been established. In the Decision of the Supreme Court of the Russian Federation dated October 4, 2011 N GKPI11-994, the application for recognition of partially invalid clause 5 of the Rules was refused. As the Supreme Court of the Russian Federation noted, concluding an agreement for the sale and purchase of goods remotely , the seller does not have the opportunity to verify that the buyer has reached the age of majority and to require an identification document. The ban on remote sales of alcoholic beverages established by clause 5 of the Rules does not contradict the above norms of federal legislation and does not violate the applicant’s right to retail sale of alcoholic beverages. The court cannot agree with the argument of the applicant’s representatives that the age of the buyer can be established upon delivery of the goods, since in accordance with the Rules the goods can be delivered to the buyer by sending them by post (clause 3), not only by the seller, but also by third parties (clause 22) , in the absence of a buyer, the goods can be issued to any person who presents a receipt or other document confirming the conclusion of the contract or registration of delivery of the goods (clause 26), which excludes the possibility of checking whether the buyer has reached the age of majority. Clause 5 of the Rules does not contradict Art. Art. 49, 129 of the Civil Code of the Russian Federation, regulating legal capacity legal entity and negotiability of objects of civil rights.

Some trade organizations (entrepreneurs) resort to all sorts of tricks and tricks to circumvent the law and at the same time not be caught. The Nizhny Novgorod Regional Court (Decision dated May 17, 2011 N 7-269/11) considered an interesting case, in our opinion: during a test purchase, the fact that a trade organization was selling alcoholic beverages remotely at night was revealed. Moreover, this transaction was disguised as another business transaction. Let me explain. The courier driver delivered alcoholic products and handed them over to the buyer under a rental agreement, according to which these products were transferred to the buyer as property intended for use exclusively for decorative purposes (interior decoration, creation artistic compositions, scenery). During the use of the property, the tenant had to ensure its safety and prevent it from being opened or damaged. At the end of the lease period, the tenant undertakes to return the rental property to the lessor. The contract was concluded for a period of 1 day. At the same time, from the buyer’s explanations it follows that when ordering products by phone, he explained to the seller that he wanted to purchase alcoholic products as his own for personal purposes. The courier delivered the alcohol to the consumer and, along with it, handed over the rental contract (the contract indicated the cost of the service - 1,605 rubles (plus 150 rubles - delivery cost)). After the buyer paid, it was announced that a test purchase was being made. During the trial, the judge came to the conclusion that the conclusion of a rental agreement is a sham transaction and is intended to cover up another transaction - a purchase and sale agreement. By virtue of paragraph 2 of Art. 170 of the Civil Code of the Russian Federation, such a transaction is void. Thus, the court proved that there was a remote sale of alcoholic beverages, and the company was brought to administrative liability in accordance with clause 3 of Art. 14.16 Code of Administrative Offenses of the Russian Federation.