Here you can find out how to obtain a license to sell alcohol

How and where to get

Such a document is usually required in connection with the sale of alcoholic beverages. To carry out trade, only a permit is required.

To do this you need to go through several steps:

Determine the form of trading. Only business entities can do this.
Obtain permission from the local administration regarding the place of sale.
It is necessary to obtain a conclusion from the sanitary and epidemiological station and fire inspection.
If a license is required, you need to obtain it.

Additional requirements for sellers of alcoholic beverages

At the state level, the procedure for participants in the alcohol market is being systematically updated. Therefore, new amendments should be expected in 2020. In addition to the changes that affected license prices, regulations were adopted that soften the requirements for retail space for the sale of alcoholic beverages.

So, if a store is located within an urban area and sells products with a composition of more than 6°, then the minimum area of the facility should be 25 m². Previously, this parameter regulated the presence of 50 m2.

A supermarket located in a rural area can sell alcohol on even 10 m2; before 2020, the requirement was 25 m2. However, in this case, the standard for permanent location in a permanent building was left. Similar abolitions affected stores and catering establishments selling low-alcohol drinks.

Additionally, the rule to have a warehouse for storing alcohol was also removed from the law. Otherwise, the requirements for organizations remained unchanged, i.e., the presence of a license and a minimum amount of authorized capital.

For your information: the state certificate for the production of wine and similar drinks is 800 thousand rubles with a shelf life of 12 months.

Requirements for premises for selling alcoholic beverages

Regional legislative acts stipulate the requirements for premises for the sale of alcohol. In addition, the entrepreneur must be guided by the requirements of the Ministry of Emergency Situations and the Sanitary and Epidemiological Supervision.

So, for public catering places (restaurants, cafeterias, pubs, etc.) where it is planned to sell alcohol, the standards indicate the following rules:

The room must have an area of at least 50 sq.m.
Based on Letter from the FS "Rosaklkogolregulirovanie" No. 8977/03-04 dated April 30, 2013, objects must have the status of a permanent structure with a stationary position, i.e. be located on a foundation.
Equipment with utility networks is required - water, sewerage, electricity, heating. If at least one parameter is missing, the certificate will be denied.
The presence of a minimum distance (100 m) from the retail outlet to buildings near which the sale of alcoholic beverages is prohibited. These include cultural and sports facilities, educational institutions, clinics, and medical centers.

Watch the video: “Legal advice - what is necessary in order to sell alcohol to the public..”

Procedure for applying to Rosalkogolregulirovanie

To obtain a state certificate for the sale of alcohol, an entrepreneur must submit an application to the Federal Service for Alcohol Regulation or its territorial division.

The main office is located in Moscow, Miusskaya Square, building No. 3, building No. 4. Contacts, [email protected]

After department officials have reviewed the package of documents within a month, the FS will notify the applicant in writing of the relevant decision. Next, you need to start entering information into the general register. This must be done within one day of receiving approval.

Notice of commencement of activity

In order to start a business in the trade sector, it is necessary to notify the authorized government body about the start of your activities. For this purpose, an application is submitted to Rospotrebnadzor. The document is drawn up on a special form and cannot be drawn up in any form.

The application can be filled out electronically by downloading it from the Internet, or you can print it out and then enter the required information by hand.

Submission order

When filling out the notification, you will need to enter basic information about the applicant:

Full Name.
Date of state registration of the business entity.
Tax identification code.
Other information.

It is important to indicate what specific activities are planned to be carried out. Trading includes several different types of business.

The document can be personally handed over to an authorized Rospotrebnadzor employee. You must have a passport with you for identification.

As a result of the review, a supporting document is provided.

What happens if you don't submit

If trading occurs without notice, it is illegal. Not only a fine is possible, but also confiscation of the goods. Punishment can be either administrative or criminal, depending on the specific circumstances of the trade.

In the case of small retail trade, the fine can range from 500 to 3000 rubles.

○ How to get a document?

Let's look at how to obtain a trade permit.

✔ Notification of the start of activity.

According to Art. 8 of Law No. 294-FZ, individual entrepreneurs and legal entities engaged in retail and wholesale trade must notify the local administration of the start of their activities (except for cases of sale of goods that are in limited circulation, since they require a license).

These applicants draw up a notification in the form given in Appendix No. 2 to Decree of the Government of the Russian Federation No. 584.

“The notification of the commencement of certain types of business activity indicates the compliance of a legal entity, an individual entrepreneur with mandatory requirements, as well as the compliance of their employees, the business activities they carry out and the territories, buildings, structures, structures intended for use in the process of carrying out their business activities, premises, equipment, similar objects, vehicles to mandatory requirements and requirements established by municipal legal acts” (Part 4 of Article 8 of Law No. 294-FZ).

✔ Procedure for submitting notification.

The notification is submitted in 2 copies to Rospotrebnadzor (clauses 3, 7 of Government Decree No. 584). You can also submit a document through the MFC.

“One copy of the notification remains with the authorized body, and the second is handed (sent) to the applicant on the day of registration.

If a notification is submitted in the form of an electronic document, the official of the authorized body responsible for recording received notifications, on the day of its registration, is obliged to send the applicant confirmation of receipt of the notification in the form of an electronic document signed with an enhanced qualified electronic signature of the authorized body.

If a notification is submitted to a multifunctional center, an official of the multifunctional center generates an electronic image of the notification, which it sends to the authorized body in electronic form using an enhanced qualified electronic signature, puts a mark of acceptance on the notification and returns it to the applicant.” (Clause 9 of Government Decree No. 584).

Notification with a seal about the acceptance of this document by the authorized body means that the entrepreneur can safely carry out his activities. Otherwise, he will be brought to administrative responsibility under Art. 19.7.5-1 Code of Administrative Offenses of the Russian Federation.

✔ Required documents.

In addition to notification, the law does not require the provision of other documents to the authorized body. But the notification itself must contain the following information:

Business name.
Organizational and legal form.
TIN.
OGRN.
Registration address, as well as the actual location of the business.
Kind of activity.

That is, at the time of notification, the citizen must already register his business with the Federal Tax Service and receive the corresponding extract, in accordance with which the notification is filled out. Providing false data to the authorized body entails liability.

✔ State duty.

There is no state fee for notification.

“There is no charge for registering notices, making entries in the register and providing information contained in the register.” (Clause 17 of the Decree of the Government of the Russian Federation No. 584).

Permission to sell alcohol

If an entrepreneur plans to open a store or cafe, obtaining a license to sell alcoholic beverages will help increase profits.
In the Russian Federation, without obtaining such a permit, you cannot sell alcoholic beverages containing 6% or more ethyl alcohol. The government body that issues such decisions is Rosalkogolregulirovanie. One of the purposes of licensing is to prevent the production and sale of low-quality alcohol.

There are several cases when the license in question is not needed:

Alcohol may be present in medications.
No special permit is required to trade beer and various beer drinks.
If we are talking about grape must, its sale and production can be carried out without obtaining a license.

A license can be issued to conduct the following types of business:

To legal entities for production or sale, subject to compliance with the relevant requirements.
Individual entrepreneurs may be issued permits for the sale of beer drinks, beer, mead, poire or cider.
Individual entrepreneurs who are agricultural producers can be given licenses to sell wine or champagne that they produce themselves.

To obtain a permit, the following requirements must be met:

It is necessary to have a retail space and a warehouse of at least 50 square meters. For rural areas, the requirements are halved: they are 25 square meters.
If the sale of alcohol is retail for cash, it is necessary to install a cash register.
The security alarm must be working.
There are requirements relating to the size of the authorized capital of a legal entity. If we are talking about a store, it cannot be less than a million rubles. For a restaurant, bar or cafe it is necessary that there be no less than 10,000 rubles.

This list is not complete. In addition to those listed, there may be other, additional conditions.

To apply for a license you need a set of documents:

Statement.
Conclusion from the Ministry of Emergency Situations and Rospotrebnadzor.
You need paper proving that you have a cash register. Usually a copy of its registration certificate is used for this purpose.
A document on the amount of authorized capital confirming compliance with the requirements for a license.
It is necessary to verify the availability of the required areas. They can be owned or leased.
There should be no arrears in paying taxes. A certificate about this is provided by the tax office.
A copy of the tax office registration document will be required.
The package must also include a copy of the state registration certificate.
Copies of the constituent documents must be prepared.
A state fee is paid to obtain a license. A receipt certifying the fact of payment must also be provided.

Documents for download (free)

Sample notification of starting a business activity
Sample application

The license cost is as follows:

For retail sales you need to pay 65 thousand rubles per year.
If production, storage and supply of alcohol to retailers is carried out, then 800 thousand rubles will have to be paid per year for wines and champagne, and nine and a half million rubles for other types of alcohol.

A sample license for the retail sale of alcoholic beverages is as follows:

How much does it cost to renew a liquor license?

Submission of an application for the need to re-issue a document must occur 90 days before the expiration of the license.

The state fee in this case will be the annual cost of the license:

65,000 - for retail sales of alcohol;
800,000 - for the sale of alcoholic beverages in bulk;
from 800,000 - for the production of alcohol.

If it is necessary to change the license due to the reorganization of the enterprise (through a merger) or a change in its data (name, location, etc.), the amount of the fee will be significantly less - 3.5 thousand rubles.

How to open your own grocery store from scratch and succeed? The answer to this question is contained here.

Organization of the retail market

This license is issued by local authorities. To apply for permission, you need to write an application and provide copies of constituent documents. In this case, the applicant must own or lease the relevant property where this market should be located.

The period for consideration of the application does not exceed 30 days.

In some cases, when applying for the specified document, it may be refused. The most likely reasons for this are the following:

If, when applying for permission, the subject does not have rights to the territory or real estate for organizing the market.
In the event that these plans do not correspond to the development plans of the area.
Submitting an application in violation of legal requirements.
The presence of inaccurate information in the transmitted set of documents.

Sample license for organizing a retail market:

○ Products for which a license is required.

There is a list of goods that are subject to mandatory licensing.

Why do you need a trading license? This document is necessary for an entrepreneur to engage in certain types of activities. A license is issued for the sale of restricted or dangerous goods that may harm the health and interests of citizens.

A license is required to sell the following types of goods:

Alcohol (except beer, cider, poiret and mead).
Technical means for secretly obtaining data.
Printing products.
Military equipment, ammunition, weapons.
Pyrotechnicians.
Medicines and medications.
Metals.

To obtain a license, entrepreneurs should contact the authorized bodies with an application and a package of documents. You can receive the finished document within 45 days.

License for food trade

To obtain the right to conduct activities, you need to obtain permits from the sanitary and epidemiological station and from firefighters. An individual entrepreneur must apply for it not in the place where he plans to open a store, but at the place of his registration.

Additionally, you need to present a lease agreement for the premises where you plan to carry out activities, and you also need to provide an agreement on garbage removal.

Usually, permits from the SES and firefighters, and a contract for garbage removal are issued by the landlord, but this does not always happen. If there are no such documents, you need to initiate their preparation yourself.

There is no separate license for the sale of food products. However, this does not change the fact that such activities must be subject to strict rules. If they are violated, appropriate penalties may be applied to the entrepreneur.

Reasons for refusal to issue an alcohol license

If the civil service makes a negative verdict on the issue of issuing an alcohol license, then the state duty paid is not returned to the business owner.

The most common reasons for refusal to issue a document:

inaccuracies, inconsistencies or errors in the documentation submitted for review;
inaccurate or incomplete information about the company or applicant;
incomplete set of certificates and other documents;
the authorized capital is insufficient;
the premises are not suitable for carrying out activities in terms of parameters or equipment;
a legal entity has debts to the budget - taxes or other contributions have not been paid, and so on.

You can find out how to open your own bar from scratch and what you need for this in this article.

The alcohol business brings significant profits to its owners, but it also requires significant investments, so opening and running it should be approached with all responsibility - having previously studied the requirements of the Legislation, calculated your own financial capabilities and chosen the appropriate type of activity related to alcoholic products.

More information on how to obtain a liquor license is contained in the following video:

Opening of a non-stationary retail facility

Such an object is a structure that does not have a close mechanical connection with the plot of land on which it is located. It does not matter whether communications are connected to this building. Such objects usually include mobile objects of various kinds.

In order to start sales at such a point, it is necessary to notify the authorized government agency before starting the activity. Information about the start of your activities must be provided to Rospotrebnadzor.

In the situation under consideration, an important question is how exactly the structure will be chosen in which this kind of trade will take place.

This can be done in one of the following three ways:

Rent an existing property.
Build a non-stationary retail outlet yourself.
Buy an existing pavilion.

The first and third options will be more expensive, but the second will require a lot of effort.

In addition to preparing for doing business, you will need to register a cash register, if necessary, and also register as a trade tax payer with the tax office.

The start of work, in this case, is of a notification nature.

License cost

The cost of a liquor license will depend on what type of activity you plan to engage in. In general, obtaining this document is paid through a special fee, the cost of which is:

65 thousand rubles. annually for retail sales of alcohol;
9.5 million rubles. for the production, supply and storage of alcohol and alcohol-containing drinks (except for wine drinks without ethyl alcohol, as well as sparkling, grape and fruit wine);
800 thousand rubles. for the production, supply and storage of wine and wine drinks mentioned in the previous paragraph as an exception;
800 thousand rubles. for storing alcohol, alcohol and alcohol-containing products;
800 thousand rubles. for the purchase, storage and delivery of any alcohol-containing products;
800 thousand rubles. for transporting alcohol;
800 thousand rubles. for transportation of bulk goods that contain more than a quarter of ethyl alcohol.

License obtained from the administration

When engaging in trading activities, it is important not only to obtain permission to conduct it. A number of legislative acts contain requirements for its maintenance. In particular, various types of permits must be obtained. The administration receives those who relate to confirmation of their rights to the object in which it is planned to organize trade. An entrepreneur may have ownership of the premises or enter into a corresponding lease agreement.

The administration may confirm his right to trade in this place or not give such permission.

How to obtain a permit to trade on the street or in a non-stationary facility

The procedure for locating non-stationary trade facilities, as well as carrying out trade activities in them, is established at the level of constituent entities of the Russian Federation and individual municipalities. In this case, various factors are taken into account - the sanitary condition of the proposed location, the architectural appearance of the object and the surrounding space, their compliance with each other and many other details. In particular, in Moscow, the issuance of permits for trade in non-stationary objects is carried out on a competitive basis.

At the same time, the local administration enters into an agreement with the winners of such auctions, or simply with persons eligible under the conditions of competitions to conduct such activities. Such a format may also include certain rules - for example, the need to make an initial contribution to an auction or competition, provide the necessary capital, or meet other requirements.

Permission to conduct street trading is issued exclusively in the context of organizing direct markets. Such permits for organizing markets are also issued by the municipal administration in accordance with established plans for the development and placement of market areas. At the same time, the market owner himself already enters into agreements with other entrepreneurs using his trading space.

note

Trading from a counter on the street is possible only with the appropriate permission from the local municipal or district administration. In fact, in most cases it is illegal, since the administration rarely issues the right to trade from such points.

What documents are required to obtain a license?

In order for a legal entity to have the right to obtain a license for alcohol-containing products, it is necessary to comply with certain requirements established by the legislation of the Russian Federation.

The entire process of obtaining a license is divided into several stages. Only if all essential conditions set for the applicant are met, can a license be obtained within the established time frame.

Before you figure out how to obtain a license to produce alcohol, you need to determine which body is responsible for resolving this issue. The authorized body operating in this area is the Ministry of Industry and Trade of the Russian Federation. However, it is not necessary to contact him specifically.

You can also use postal mail or deliver documents by courier.

We must not forget about the state duty, which is mandatory in these situations. So, for example, if a commercial organization decides to sell alcohol at its outlet, then it will have to pay sixty-five thousand rubles, which is directly stated by Russian tax legislation.

Moreover, if you need to obtain permission for several years at once, this amount of money will have to be paid for each specific year.

As a rule, to carry out this action, bank details are issued, according to which the payment must be made.

The result of the provision of the service is the issuance of a certified form called a license. It must be signed by the head of the Ministry of Trade or his deputy. The form has identification features that do not allow this document to be falsified.

When using a fake permit, the legislation of the Russian Federation provides for liability in the form of penalties or disqualification for a limited period.

One of the requirements is the availability of the necessary equipment intended for production

First of all, it should be noted that only a legal entity can become a recipient. It means a company that is duly registered in the register.

The law provides for certain requirements for licensing alcohol activities. This applies to the recipient having the following:

buildings and structures needed for the production of alcohol and products that include it;
necessary equipment intended for production.

Among other things, a legal entity must not have administrative or criminal penalties imposed on it that prevent it from obtaining this license.

If even the slightest violation of the legislation of the Russian Federation or its constituent entities in this area is revealed, the licensing authority has every right to refuse to issue the requested document to the applicant. This deprives him of the right to have alcohol in his display cases, as well as to produce any products that contain alcohol and its main components.

This provision is quite justified, since the illegal sale of these products (which, among other things, does not meet quality and safety requirements) can cause significant harm to citizens, even death.

The fundamental act marking the receipt of a license to sell alcoholic beverages is an application from a person who meets all the requirements described above.

In general, the application should consist of the following elements:

Name of the legal entity.
His address.
Indication of the constituent entities of the Russian Federation where activities for the production and quality control of alcohol will be carried out.
Data of a legal entity in the field of settlements (banking and other details).
An indication of the scope of activity to be carried out.
List of attached documents.
List of persons who are responsible for quality control - the manufacturer of alcoholic products.

You must write an application and prepare a package of documents

The application can be submitted in several ways - by personal visit to the authorized body or through an electronic portal. It is possible to transfer the necessary acts by mail.

As with any other legal action carried out by government authorities, the issuance of a license requires payment of a state fee.

In addition to the application, an entity wishing to obtain this type of permit must collect and prepare the following package of documents:

acts on the creation of a legal entity;
data from the tax authority;
receipt of payment of the duty;
certificates and other documents that would confirm that the person wishing to obtain a license has the necessary buildings and equipment;
information about the presence of employees who have the right to carry out this type of activity.

It should be noted that some acts must be submitted in the original, while for others certified copies are allowed.

So, for example, in its original form you need to submit an extract from the register of legal entities, certificates from authorized government bodies about the organization’s compliance with established requirements, etc. Other documents can be provided in the form of copies.

As noted above, in order to obtain a license for the production of alcohol and other similar products, it is necessary to follow certain steps:

Submission of documents and applications.
Consideration of all this by authorized bodies.
Making a decision by the Ministry.

You also need to remember about the deadline for reviewing the application. For any type of liquor license, they cannot exceed forty-five days.

Moreover, if there are no violations, the license is issued within two weeks.

If, following consideration of the application, the issuance of a license was refused, the legal entity has the right to appeal. To do this, you must contact the court authorities by filing a statement of claim. Cases of this kind are considered within a period not exceeding one month.

If the outcome of events is favorable, the decision of the licensing authority is canceled, and it is obliged to complete registration actions and issue the required document.

If the refusal to issue a license was truly legal, then the legal entity is deprived of the right to carry out actions for the production and sale of alcoholic products.

An organization applying for a license to sell alcohol must be prepared to document its compliance with the requirements established by the state.

The package of documents that must be submitted to the licensing authority is very extensive. Its specific set is established by local municipal authorities.

At a minimum, you will need the following documents:

application for a license, with a list of types of licensed activities and all declared licensing objects (points of sale);
copies of the constituent documents of a legal entity certified by a notary, information about its general director, authorized capital, including extracts from the Unified State Register of Legal Entities and Taxpayer Identification Number;
documents confirming ownership, or a lease agreement for the premises in which alcohol is intended to be sold;
a receipt confirming payment of the state duty.

Previously, the requirements also included the provision of permits from the Ministry of Emergency Situations and sanitary authorities, as well as certificates of no tax debt.

Attention: currently, compliance with all technical regulations is checked directly during the on-site inspection, and requests to the tax service are sent by the regulatory authorities themselves.

The concept of alcohol circulation

The circulation of alcohol in the Russian Federation is regulated by Federal Law of 1995 No. 171-FZ. In this law, alcohol is defined as any drink with an alcohol content above 0.5%.

The law describes the full cycle of circulation of alcohol products - from the manufacturer or importer to retail sale. Organizations, individual entrepreneurs, their employees and end consumers are recognized as participants in the process of circulation of alcoholic products.

Attention: the body that implements state supervision in the alcohol sector is the Federal Service for Regulation of the Alcohol Market (Rosalkogolregulirovanie, RAR), which is responsible for licensing the production and sale of alcohol products.

Please note that a license is not required to sell beer (beer-containing drinks), regardless of the percentage of alcohol in it. Absolutely all types of activities related to the sale of beer do not require special permission.

Obtaining a liquor license in 2020 is a lengthy process that involves reviewing the applicant and their compliance with licensing requirements by multiple government departments and agencies. The entire procedure can be divided into two complex stages.

First stage

the licensee collects and sends all certified documents and the application to the relevant authorities. This can be either one of the nine interregional departments of the Federal Service for Regulation of the Alcohol Market, or those authorities that perform their functions locally.

These most often include specialized regional ministries (for example, in Moscow it is the Department of Trade and Services) or the MFC. You can submit documents for licensing in person, by mail or electronically.

Second phase

It usually takes up to 30 days; the licensing authorities conduct an examination of the documents and, if they are in order, a detailed check of the applicant, including an on-site inspection. The applicant must be notified of the on-site inspection no later than 24 hours before it takes place.

During the site visit, the auditors are, in particular, interested in the presence of a consumer corner with a complaint book and extracts from the laws regulating the circulation of alcoholic beverages. The availability of alcohol certificates is checked separately.

When it comes to obtaining an alcohol license for a bar or other catering establishment, inspectors pay priority attention to compliance with safety regulations, in particular, the presence of a clear fire evacuation plan.

If violations or shortcomings are identified during the on-site inspection, the period for obtaining an alcohol license for a store or bar is extended until they are eliminated, but for no more than 30 days.

Attention: the regulator also has the right to extend the licensing period to 60 days in a situation where documents require additional examination. In any case, based on the results, a final decision will be made to issue a license or to refuse it.

What does a license entitle you to do?

A license for the production of alcoholic products gives a commercial organization the right to produce and distribute products that contain alcohol.
In accordance with the norms of civil legislation, a license is required to carry out certain types of activities.

It is understood as a written act that allows a legal entity or individual entrepreneur to perform certain work or provide a service.

Activities that allow an entrepreneur to produce and sell alcoholic and other products that contain alcohol are subject to licensing according to the rules of federal law dated November 22, 1995 No. 171-FZ (namely, chapter three).

A license for the production of alcoholic beverages gives a commercial organization the right to produce and distribute products containing alcohol.

There are several rights that may be provided for by the license described above:

direct sale of such products;
its storage;
alcohol production;
production of alcoholic raw materials, including ethyl alcohol.

Civil legislation provides that if all of the above actions are carried out without such permission, this may lead to the forced liquidation of a legal entity and the imposition of penalties on it under administrative and criminal law.

License validity period

The license validity period can be from 1 to 5 years

Unlike other types of licenses, for example, those needed for the production of medicines, permission to manufacture and sell alcoholic and other alcohol-containing products is issued only for a strictly defined period - from 1 to 5 years. It all depends on why exactly it is issued (wholesale, retail, production).

The term is indicated on the license itself. After it has expired, it is illegal to carry out any actions with alcoholic products. Legal entities can be brought to both criminal and administrative liability.

If, after the expiration of the permit, a legal entity wishes to continue to engage in activities related to the circulation and sale of alcohol-containing products, then it is necessary to again contact the authority that issued the original permit. There is no longer any need to provide the package of documents described above. The presence of the following acts is sufficient:

renewal applications;
information about previously issued documents.

In addition to extending the permit, it is also possible to reissue it. This occurs when a legal entity has changed its organizational and legal form, lost the document form, and in other situations provided for by the regulations of the Russian Federation.

To do this, the person needs to submit an application and also attach evidence that the license really needs to be reissued.

Unlike most other licenses, a liquor license is limited to a maximum of five years with a minimum of one year.

The difference in terms is explained by the high amount of the state duty, which could be unaffordable for small retailers if they have to pay it in five years at once.

However, for such cases, a license renewal procedure is provided, which must begin no earlier than 90, but no later than 30 days before its expiration.

The process of renewing a license is generally similar to the procedure for obtaining it, with the exception of a simplified list of required documents: an application for renewal of the license and a receipt for payment of the state duty are sufficient.

The further process involves the examination of documents and an on-site inspection, based on the results of which the state regulator makes a decision on whether to renew the license or refuse it.