The problems of paperwork for obtaining an alcohol license sooner or later are encountered by various entrepreneurs. Opening your store, you can expand it in the future to work with alcohol. An appropriate license may be requested by a café wishing to serve alcohol to guests. Restaurants and bars, other establishments may also need such documentation. The rules for its execution are strictly established by applicable laws, and work without a license is prohibited under the threat of legal prosecution.
How to get a?
If we consider in general terms, then we can determine two main ways of obtaining permits: independently or through an intermediary. In the first case, it will cost a little cheaper, but it may require more time. The second option allows you to save time and effort, but there was a drawback - you have to pay the intermediary. Currently, the cost of a service involving assistance in obtaining an alcohol license for a cafe, restaurant, or store is estimated at between 50 and several hundred thousand rubles. The specific values depend on the locality, the customer and his requirements, the conditions for the provision of services by the selected intermediary company.
Others are interested in: is it possible to do without obtaining a license to trade in alcoholic beverages? Laws strictly declare this situation. A license is required if you plan to sell alcohol products. If a company begins implementation without having issued a license or having submitted documents for it, but still not having obtained permission and official status, they may be punished for this. To comply with all laws, you need to collect documentation, register in a special system, get a certificate of an established form. The owner of the institution will have to keep this document, like the apple of an eye. Any inspection of the institution will include a study of the documentary side, which means that the inspectors will probably want to see the license.
Step by step
Any owner of the enterprise who wants to engage in the sale of an alcohol product must familiarize himself with the procedure for obtaining an alcohol license. Such a permit gives the right only to complete transactions within our country. There are two types of licenses: for retail and wholesale. Cafes and restaurants, bars and shops receive documents that give the right to conduct private transactions with small volumes of products. Obtaining a document is possible only if the legal entity is already registered in accordance with all the rules. In addition, you need to have a room that meets the requirements of the law. The plot must either be owned by the entrepreneur or must be leased. In order for the second option to allow the sale of alcohol, the lease must be officially registered.
All requirements for obtaining an alcohol license are clearly stipulated by applicable law. The rules allow obtaining a license if the owner of the enterprise has official status. The company must go through the registration procedure, be an official legal entity. If the owner of the company has established himself as an individual entrepreneur and has not received legal entity status for the enterprise, one cannot count on obtaining permits. When submitting the documentation for registration of the license, it is necessary to attach official papers fixing the possibility of transportation of alkyl drinks to the general package. If there is no transport, the application will be denied. It is equally important to confirm the presence of conditions, alcohol storage capabilities. For this, it is necessary to describe the features of not only the warehouse, but also the trading floor.
How many, how many
Some entrepreneurs believe that obtaining an alcohol license for a restaurant, cafe, bar and other similar establishments is a real rip-off. There are general rules, tariffs established for entrepreneurs throughout the country. Those wishing to obtain a license must pay less than 70 thousand (in rubles). In some cases, this amount increases. If you decide to cooperate with an intermediary, then you will have to pay for his services - and this is about 50 thousand or more.
In the case of self-processing of the document, an extremely unpleasant loss situation is possible. The owner, not having carefully read the requirements carefully, collects a package of documents, pays a fee and receives a refusal of a license. Along with this, the person obviously loses the money spent on trying to get a license. To protect yourself from this situation, you should work with an intermediary who will make sure in advance whether all conditions are met, whether all documents are collected correctly. Which option is preferable for a particular case should be chosen by the owner of the enterprise. One of the ways is risky, the second is expensive.
Norms of law and compliance with them in detail
Obtaining an alcohol license for a store, restaurant, or bar is not an easy task for a novice entrepreneur who is poorly versed in the requirements of regulatory enactments. You need to remember the basic rule: if you want to sell alcohol-containing products in a retail facility, you must first obtain permission. This applies to small kiosks and large shops. In any case, you need a special license that allows the retail sale of drinks that contain alcohol. Officially issued, printed on a form made in accordance with the rules, a license is the main and basic document, a legally significant certificate that allows the sale of goods containing alcohol. The certificate gives such a right to the store, it can apply to catering establishments. In certain cases, the execution of such a document is necessary for other legal entities if they wish to work in this area. The certificate will apply to all drinks whose composition includes alcohol.
You can write an application for an alcohol license and count on a positive response from the authority dealing with this issue if the company is ready to comply with the norms established by laws. In our country there are many acts, rules to which the implementation of alcohol is subordinate. When submitting documentation for a license, you need to understand: by doing this, the entrepreneur assumes the obligation to strictly follow the laws. You need to immediately prepare for the fact that from time to time checks will come. The task of the commission is to establish that the legal entity is somewhat responsibly following the requirements, rules declared to be mandatory.
Some rules
In general, obtaining an alcohol license is not a very lengthy procedure. If all the documents are executed correctly, the authority will give an answer quickly (wait no more than a month). However, before submitting a package of official papers, you need to familiarize yourself with the most relevant text of the law. The rules for issuing a license change from time to time. If the entrepreneur is not ready to track the revision of regulatory state documents, he should cooperate with an intermediary. This will avoid awkward and uncomfortable situations, loss of time and money. If you submit documents in accordance with outdated standards, the state authority will probably refuse permits. Current regulations limit the list of types of organizations eligible to obtain a license. In order to rely on a certificate, you need to responsibly formalize your legal status. The laws permit the issuance of the type of documentation in question if the applicant has an enterprise in the status of LLC, OJSC, or ZAO.
Obtaining an alcohol license is not a particular problem for these types of enterprises. If the company is ready to work in compliance with the requirements of the law, a retail license is issued quickly and without delay. First you need to go through licensing. Once this stage has been successfully completed, you can get a document stating that the legal entity has the right to sell alcohol. The licensing procedure is designed to certify the responsible persons working in the state institution that the company is ready to sell alcohol in accordance with the law. Current regulations declared by federal and local regulations must be adhered to unconditionally. Both those who are already working in this area and enterprises that are just wanting permission must comply with the standards.
About norms
You can count on a trouble-free alcohol license only if the company has a sufficiently large authorized capital. For a number of legal entities, the laws limit the minimum amount of such capital. There are specialized standards that have been enacted for companies wishing to sell alcohol. Amounts are determined by laws, based on the characteristics, scope, goals of various forms of doing business. In particular, if the company plans to work only with drinks of a small fortress, the conditions are quite easily fulfilled. The authorized capital of such an organization should be 10 thousand rubles or a large amount. If the value is less, you can’t dream of any license.
If the company plans to open a outlet in which they will sell high-level alcohol, such an entity should have more financial support. The laws determine the minimum amount of capital - 300 thousand rubles.
Special conditions apply to the situation when a legal entity requests permits, in whose possession a large trading network. If you want to sell alcohol, you must first evaluate how large the authorized capital is. To obtain an alcohol license, it must be one million rubles. It is possible that this limit is exceeded upwards. If the capital is less than a million, the government will refuse to issue permits.
Is it worth it to do?
The above state duty for obtaining an alcohol license is a rather large amount. Not every entrepreneur can lay out 70 thousand from his budget at any time. Is it worth spending such money at all, how reasonable and justified is it? According to many experienced businessmen, although the cost of obtaining a license is substantial, they will fully justify themselves in the first warm season. Traditionally, the demand for alcoholic beverages is higher in the summer. At this time, cafes and restaurants expose terraces in the fresh air, and guests seek to hide from the bustle and heat of a large city. Spending time in a cozy bar, most find it a special pleasure to enjoy a glass of pleasant wine. Is it true that it can be better than spending free time in a beautiful area, with impeccable service, in the company of nice people, and even with a glass of your favorite alcoholic drink? Since such tastes of the public have been known for a long time, in the summer traditionally there are more establishments serving alcohol.
Of course, you can save on licenses and serve mineral water, juices and tea, but much more will be the revenue of the institution, which has a wine list and a large selection of cocktails. And in order to offer the client such menu items, you must first take care of getting an alcohol license. If it is framed, you can present to the public and more strong drinks. They are in great demand among the male half of the clientele, especially in the evening. According to many modern holders of cafes and restaurants, any self-respecting institution must have a wine list. It is useful for a pub, a bar, and a cafe. It is quite possible that the sale of alcoholic beverages is not at all the main job, and the choice of strong drinks will be small. In many ways, the very fact of having a wine list raises the status of an institution and attracts a clientele, so obtaining a license is profitable and justified.
All according to the law
If an entrepreneur decided to neglect obtaining a license for alcoholic beverages, while offering alcoholic drinks to his clientele, he will probably have to pay a good price soon. Checks happen quite often, and the fines for identifying violations are rather big. Of course, if the company sells only beer and nothing stronger, then its own rules apply, there is no need to issue a standard license. But in the case of any other alcohol test can detect the fact of violation of the law, for which organizations decide to pay a fine. Its value is at least 300 thousand rubles. Any oversights, all kinds of errors when processing the documentation for obtaining a license are a potential risk of a complete failure of the request. In our country, the responsibility for issuing licenses lies with Rosalkogolregulirovanie. This federal service is extremely important to all incoming applications. Its employees very meticulously evaluate a legal entity who wants to work with alcohol or has already begun such activity. If there is even a slight violation in the paperwork, a refusal upon request is guaranteed. If the company violates the rules of work for an already obtained license, it may be taken away. In any of the options, you will not be able to return the fee and other expenses associated with the registration of the status.
To understand how the licensing of alcoholic beverages is organized and why everything is so strict, you need to refer to the current regulatory frameworks. The most important law in this aspect is published under the number 171 in federal status. It is dedicated to the manufacture and sale of alcohol, alcohol, products with alcohol in the composition. There are also restrictions on the use of such drinks. For an entrepreneur who wants to start a legal business, the most important articles are the 16th, 19th. They declared the requirements that apply to obtaining permits and, in fact, the workflow.
Rules and Opportunities
Although this federal law establishes how a license to sell alcoholic beverages is obtained, how an enterprise should sell such goods, the regulatory framework is not exhausted by it. Each individual region has its own by-laws. They apply to the entire territory of the region, which means that they must obey any public catering establishments and shops who want to start selling alcohol. In addition, a number of resolutions have been adopted that limit the additional possibilities of selling alcohol. These must be specified in local law. So that the company does not have problems with the law, it will be necessary to go through the approval procedure in accordance with GOST. The audit will take into account the requirements of regulation 30389. It is devoted to catering, the division of such enterprises into groups, as well as the requirements for their activities.
Any strong alcohol is a product that attracts special attention of the law. Therefore, obtaining a license for the sale of alcoholic beverages with the expectation of selling cognac, strong wine and other similar products is available exclusively to the organization. If the entrepreneur does not have the opportunity to formalize the legal entity, he will have to abandon the idea of working with such drinks. This does not mean that you have to stick to life "dry." You can offer beer, mead to the clientele. IP has the right to sell pear and classic cider. For this form of entrepreneurship, only strictly retail transactions are permitted. Agricultural producers are an exception. Such entrepreneurs can sell self-produced wines. However, in order not to run into trouble with the law, even they are advised to obtain LLC status. If an entrepreneur has the status of an individual entrepreneur and works in the city, but wants to work with drinks of increased strength, he has only one way - to get the status of LLC, OJSC or CJSC.
Many or few, far or near
So that obtaining an alcoholic retail license does not turn out to be a source of unpleasant surprises, you need to study all the requirements for document applicants in advance. In particular, as indicated above, the entrepreneur should have sufficient space to conduct business. Having no premises in the property or obtained under a lease, you can’t count on any license. – , . , , . 50 .
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Common mistakes
As practice shows, the procedure for obtaining a license for alcoholic beverages, although simple, but many entrepreneurs make similar mistakes that lead to a refusal to request and loss of money for the state duty in vain. In particular, the basic rule for issuing a license is the absence of debt to tax authorities. Even if the debt turns out to be completely insignificant (for example, a few cents), the application will be rejected, and the state duty will not be returned to the submitter of the documentation. It is necessary to clarify the presence of debt strictly on the day of filing the package of documents. The most reliable option is the organization of reconciliation with the tax. Even if the institution was opened recently and the accounting department is firmly convinced that there is no debt and cannot be, they still recommend reconciliation so as not to risk in vain.
Another subtle point related to the procedure for obtaining a license for alcoholic beverages is the conformity of the real state of things with the documented one. This applies to the premises in which the entrepreneur wishes to conduct business. It is necessary to check what the size of the room is, how the partitions are located, then correlate this with the plan of the institution. If absolute compliance is observed, there will be no problems. If there are discrepancies, the license will be refused. It is equally important to clarify whether the placement of the institution on the plan is correctly displayed. It is important to make sure that you are far enough away from establishments where alcoholic products are prohibited.
Name and Status
To obtain a license for the retail sale of alcoholic beverages does not become a problem, you need to make sure that all the elements of the organization are correctly designed. As practice shows, many receive a refusal based on the results of the consideration of the application for permits, because they neglect the design of a separate unit. Any establishment where alcohol-containing products will be offered must have a checkpoint. It is necessary to obtain a checkpoint for all those institutions for which the actual, legal address diverges from the legal entity.
In 2017, a new law came into force - it was published under number 54. This regulatory act governs the transition to the cash desk in online format. Although quite a lot of time has passed, many entrepreneurs still forget about the procedure for registering CCPs. Rosalkogolregulirovanie will give a positive decision on the petition only if the applicant already has cash register cards.
It is difficult to obtain a license for the retail sale of alcoholic beverages if the premises in which the case is supposed to be conducted is still in a state of repair. It is necessary first to finish all design and decoration work, hang a sign, place the required information stands. Only after that they submit documents, requesting a license. The likelihood of a site visit by the inspection commission is about 90%, so there is little doubt that you will have to get to know officials in person. If the commission sees the repair process and the unavailability of the place to work, the license will be refused.
Documentation support: what is needed?
To obtain an alcohol license (wholesale, retail) was successful, you need to provide a full set of documentation. The constituent documents, a payment order of duty, a certificate indicating the successful payment of the authorized capital are sent to the authority. It is necessary to draw up a statement. Its shape depends on the region; There is no universal template. You must attach a notice of the start of work, marked "Rospotrebnadzor", a card confirming the registration of the cash register.
If all the restrictions for obtaining an alcohol license related to the authorized capital, area and other aspects mentioned earlier did not become a problem for the entrepreneur, the legal entity receives the desired license. Immediately after this, you must contact the state institution for registration with EGAIS. You must do this before purchasing the first batch of alcoholic beverage. The average time for obtaining an alcohol license is 30 days. That is how many laws are given to the responsible authorities for deciding on the received documentation. If the decision is positive, the petitioner receives a license. If the answer is no, the authority will give a list of the reasons that caused it.
EGAIS: what is it?
Since 2016, it is possible to sell alcohol in our country only if the entrepreneur is connected to EGAIS. This is an automated system operating at the state level. Without connection to it, selling alcohol is strictly prohibited. Registration is equally necessary for those who work in the wholesale format and for those who sell alcoholic beverages at retail. For the first time, an official obligation was introduced on January 1, 2016, since July 1 of the same year, data reception has become full and fully debugged.
EGAIS is an information base on alcohol produced in our country, as well as imported here from other powers. This database contains information about the manufacturer, date of production, level of strength of the drink, its composition, as well as the capacity of the container. EGAIS records all sales information. The system was formed as a method of monitoring the sale of alcohol-containing drinks. Its main purpose is to eliminate counterfeit goods. If an entrepreneur wants to work with alcohol, for him registration in EGAIS is strictly required. If the legal entity refuses to register, he will have to pay a fine - up to 200 thousand rubles.