Obtaining a license for the retail sale of alcohol. How to get a license for the production of alcoholic beverages
Full service name
Licensing of the retail sale of alcoholic products
Conditions for obtaining services on the site
Who can apply for the service:
Legal entities
Service cost and payment procedure:
State duty - 65000.0 rubles.
The state fee is paid in accordance with Art. 333.33 of the Tax Code of the Russian Federation, which is 65,000 rubles for each year of the license.
List of required information:
Request (application) for provision public service"Licensing the retail sale of alcoholic products" (original, 1 pc.)
- Required
- Provided without refund
The request is made in accordance with Appendix 1 to the Administrative Regulations. When submitting a request to electronic form using the Portal, the request is filled out by entering the relevant information in an interactive form.
Identification document of the head of the legal entity or his representative (original, 1 pc.)
- Required
- Provided only for viewing (copying) at the beginning of the service
Copies of constituent documents (copy, 1 pc.)
- Required
- Provided without refund
A document confirming that the applicant has authorized capital(authorized fund) in the amount established by the Government of Moscow (copy, 1 pc.)
- Required
- Provided without refund
Documents confirming that the applicant has stationary retail facilities and warehouses with an area of at least 50 square meters ownership, business management, operational management or lease, the term of which is determined by the agreement and is one year or more, for each location of a separate subdivision (copy, 1 pc.)
- Required
- Provided without refund
Documents confirming that the applicant has a stationary catering facility at each location of a separate subdivision in ownership, economic management, operational management or lease, the term of which is determined by the contract and is one year or more (copy, 1 pc.)
- Required
- Provided without refund
Documents confirming that the applicant owns, manages, manages or leases a restaurant car (cafe car, buffet car, bar car), a watercraft, an aircraft and (or) the applicant’s right to provide public services in them food (copy, 1 pc.)
- Required
- Provided without refund
Documents confirming that the applicant owns, manages, manages or leases a public catering facility that is planned to be used to provide public catering services for each location of a separate subdivision (copy, 1 pc.)
- Required
- Provided without refund
Terms of service provision
There are no grounds for suspending the provision of public services.
The result of the service
Issued:
- License for the retail sale of alcoholic products (License for the retail sale of alcoholic products in the provision of catering services) (original, 1 pc.)
The license is issued personally to the applicant or his authorized representative in the form of a document on paper upon presentation of the original document proving the identity of the head of the legal entity or his representative. If a license is obtained by the representative of the applicant, a document confirming the authority of the representative of the applicant shall be submitted. The official responsible for the issuance (sending) of documents: Personal Area" of the applicant on the Portal. 2. Checks the credentials of the person receiving finished documents personally. 3. Transfers a license to the applicant or his representative, transfers (sends) a decision on the provision or refusal to provide a public service.
- Decision on the provision of a public service for issuing a license for the retail sale of alcoholic products (licenses for the retail sale of alcoholic products in the provision of catering services) (original, 1 pc.)
If the applicant did not appear to receive the final result of the provision of the public service, the decision on the provision or refusal to provide the public service is sent to the applicant by mail.
Happening:
- Entering information about end result provision of public services to the Base Register and Consolidated Register (New entry in registers, cadastres, registers)
- License for the retail sale of alcoholic products (License for the retail sale of alcoholic products in the provision of catering services) (original, 1 pc.)
Receipt Forms
Through a legal representative
On the WEB site
- The process of production, storage and supply of produced alcohol and denatured alcohol.
- Production, storage and sale of alcohol-containing products.
- Storage of alcoholic food products and ethyl alcohol.
- Procurement of alcohol-containing products.
- Production, storage and supply of alcohol-containing non-food products.
- Retail sales of alcoholic products.
- Ethanol.
- Denatured alcohol.
- Alcohol-containing products.
- Potable ethyl alcohol.
- Alcohol-containing food products.
- Wine and vodka.
- Alcohol-containing non-food products.
- Denatured goods.
- Alcoholic goods.
- Alcoholic drinks.
- Wine materials.
- Application for a license. This document must contain information about the organization, as well as all of its separate subdivisions(branches). The application lists the types of activities and indicates the period for which the license is required.
- Copies of constituent documents, as well as papers on state registration legal entity. These copies are in without fail must be certified by a notary. If this is not done, then you will need to attach the originals to the copies.
- A copy of the document that confirms the company's registration with the tax authority.
- A copy of the document confirming the payment of the state fee for the rendered licensing.
- Conclusion from the authorities, which will confirm that the production and warehouses fully comply with sanitary and epidemiological, as well as fire and environmental requirements.
- A document that confirms the technical competence of the laboratory for chemical control of the production of alcohol and alcoholic products. A duplicate of the agreement on the relevant control is also valid.
- Copies of certificates confirming the conformity of the basic technological equipment.
- A document that will confirm the amount of paid authorized capital.
- First of all, an entrepreneur needs to create a legal entity that will have a certain authorized capital. It is important to bear in mind that the requirements for this capital are quite stringent. For the production of such a commodity as drinking alcohol, capital must amount to approximately ninety million rubles. For the manufacture of non-drinking alcoholic products, it is enough to have a fund of eighty million rubles. No permit will be issued unless these requirements are met.
- The next step is the creation of special laboratories that will be engaged in quality control. In the event that the entrepreneur does not have the funds for this, you can get out of the situation. For example, to do this, you can find such laboratories on the side and conclude appropriate agreements with them, which should reflect that these enterprises will constantly monitor production process and monitor the quality of the products produced.
- The next step should be to check and test the equipment through which alcoholic products will be produced. Any equipment must necessarily comply with accepted technological standards, in addition, it must pass the appropriate certification. On the domestic market there is a lot of equipment, but not all of it meets necessary requirements, since not all representatives of enterprises associated with the production of equipment are in a hurry to undergo its inspection.
- One of the main issues of interest to inspectors is sanitary conditions premises where products are made. Inspectors also have the right to inquire about the qualifications of employees and compliance with safety regulations in the workplace. This point should be taken care of in advance, since the slightest oversight can lead to a refusal to issue a license.
- When all of the above is ready, you can begin to collect the relevant documentation. This will require the Charter of the enterprise, which will reflect the corresponding type of activity. You will also need an extract from the tax authority at the place of registration of the enterprise, information on the size of the authorized capital and other documents.
- LLC (company with limited liability),
- CJSC (closed joint-stock company),
- OJSC (open joint stock company).
You can to the authorities executive power of the city of Moscow in the framework of pre-trial appeal.
Appeal procedure
The decision of the licensing authority may be appealed to the licensing authority and (or) to the court.
Pre-trial (out-of-court) procedure for appealing decisions and (or) actions (inaction) of the Department, its officials, civil servants
1. The applicant has the right to file a pre-trial (out-of-court) complaint against the decisions and (or) actions (inaction) of the Department, its officials, civil servants taken (performed) in the provision of public services.
2. Filing and consideration of complaints is carried out in the manner prescribed by Chapter 2.1 of the Federal Law of July 27, 2010 N 210-FZ "On the organization of the provision of state and municipal services", the Regulations on the specifics of filing and considering complaints about violations of the procedure for the provision of public services in the city of Moscow, approved by Decree of the Government of Moscow dated November 15, 2011 N 546-PP "On the provision of state and municipal services in the city of Moscow", Decree of the Government of Moscow dated 21.02. 2012 No. 59-PP.
3. Applicants may file complaints in the following cases:
3.1. Violation of the deadline for registering a request (application) and other documents necessary for the provision of public services, as well as the procedure for processing and issuing a receipt for receiving a request and other documents (information) from the applicant.
3.2. Requirements from the applicant:
3.2.1. Documents, the submission of which by the applicant for the provision of public services is not provided for by regulatory legal acts Russian Federation and the city of Moscow, including documents obtained using interdepartmental information exchange.
3.2.2. Applications for the provision of services not included in the list of services approved by the Moscow Government that are necessary and mandatory for the provision of public services.
3.2.3. Making a fee for the provision of a public service that is not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.
3.3. Violation of the term for the provision of public services.
3.4. Refusal to the applicant:
3.4.1. In the acceptance of documents, the submission of which is provided for by the regulatory legal acts of the Russian Federation and the city of Moscow for the provision of public services, on grounds not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.
3.4.2. In the provision of public services on grounds not provided for by regulatory legal acts of the Russian Federation and the city of Moscow.
3.4.3. In correcting misprints and errors in documents issued as a result of the provision of public services or in case of violation due date such fixes.
3.5. Other violations of the procedure for the provision of public services established by regulatory legal acts of the Russian Federation and the city of Moscow.
4. Complaints against decisions and (or) actions (inaction) of officials, civil servants of the Department are considered by its head (authorized deputy head).
Complaints against decisions and (or) actions (inaction) of the head of the Department, including decisions made by him or his deputy on complaints received in the pre-trial (out of court) procedure, are sent to the Moscow Government and are considered by the Deputy Mayor of Moscow in the Moscow Government for economic politics and property and land relations.
5. Complaints can be filed with the executive authorities of the city of Moscow authorized to consider them in accordance with the Administrative Regulations for the provision of services (hereinafter referred to as the bodies authorized to consider complaints), in writing on paper, in electronic form in one of the following ways:
5.1. At the personal request of the applicant (representative of the applicant).
5.2. By mail.
5.3. Using the official websites of the bodies authorized to consider complaints in the Internet information and telecommunication network.
5.4. In other ways provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.
6. The complaint must contain:
6.1. The name of the body authorized to consider the complaint or the position and (or) last name, first name and patronymic (if any) of the relevant official to whom the complaint is sent.
6.2. The name of the executive authority of the city of Moscow or the position and (or) last name, first name, patronymic (if any) of the official, state civil servant whose decisions and (or) actions (inaction) are being appealed.
6.3. The name, information about the location of the applicant, as well as the contact phone number (numbers), e-mail address (s) (if any) and the postal address to which the answer should be sent to the applicant.
6.4. date of submission and registration number a request (application) for the provision of a public service (with the exception of cases of appealing against a refusal to accept a request and its registration).
6.5. Information about decisions and (or) actions (inaction) that are the subject of appeal.
6.6. Arguments on the basis of which the applicant does not agree with the appealed decisions and (or) actions (inaction). The applicant may submit documents (if any) confirming the applicant's arguments, or copies thereof.
6.7. Applicant's requirements.
6.8. List of documents attached to the complaint (if any).
6.9. The date the complaint was made.
7. The complaint must be signed by the applicant (his representative). In the case of filing a complaint in person, the applicant (representative of the applicant) must submit an identity document.
The authority of the representative to sign the complaint must be confirmed by a power of attorney drawn up in accordance with the legislation of the Russian Federation.
The powers of a person acting on behalf of an organization without a power of attorney on the basis of the law, other regulatory legal acts and constituent documents are confirmed by documents certifying his official position, as well as founding documents organizations.
8. The received complaint is subject to registration no later than the working day following the day of receipt.
9. The maximum period for consideration of a complaint is 15 working days from the date of its registration. The term for consideration of the complaint is 5 working days from the date of its registration in cases of appeal by the applicant:
9.1. Refusal to accept documents.
9.2. Refusal to correct typos and errors made in documents issued as a result of the provision of public services.
9.3. Violations of the deadline for correcting typos and errors.
10. Based on the results of consideration of the complaint, a decision is made to satisfy the complaint (in whole or in part) or to refuse to satisfy the complaint.
11. The decision must contain:
11.1. Name of the body that considered the complaint, position, surname, name, patronymic (if any) of the official who made the decision on the complaint.
11.2. Details of the decision (number, date, place of adoption).
11.3. Name and information about the location of the applicant.
11.4. Last name, first name, patronymic (if any), information about the place of residence of the applicant's representative who filed the complaint on behalf of the applicant.
11.5. Method of filing and date of registration of the complaint, its registration number.
11.6. The subject of the complaint (information about the appealed decisions, actions, inaction).
11.7. The circumstances established during the consideration of the complaint and the evidence confirming them.
11.8. Legal grounds for making a decision on the complaint with reference to the applicable regulatory legal acts of the Russian Federation and the city of Moscow.
11.9. The decision taken on the complaint (conclusion on the satisfaction of the complaint or on the refusal to satisfy it).
11.10. Measures to eliminate the identified violations and the timing of their implementation (if the complaint is satisfied).
11.11. Procedure for appealing a decision.
11.12. Authorized official's signature.
12. The decision is made in writing using official forms.
13. Among the measures indicated in the decision to eliminate the identified violations, among other things, include:
13.1. Cancellation of previously made decisions (in whole or in part).
13.2. Ensuring the acceptance and registration of the request, execution and issuance of a receipt to the applicant (in case of evasion or unreasonable refusal to accept documents and register them).
13.3. Ensuring registration and issuance to the applicant of the result of the provision of public services (in case of evasion or unreasonable refusal to provide public services).
13.4. Correction of typos and errors made in documents issued as a result of the provision of public services.
13.5. Refund to the applicant of funds, the collection of which is not provided for by regulatory legal acts of the Russian Federation and the city of Moscow.
14. The body authorized to consider the complaint shall refuse to satisfy it in the following cases:
14.1. Recognition of the contested decisions and (or) actions (inaction) as legal, not violating the rights and freedoms of the applicant.
14.2. Filing a complaint by a person whose authority has not been confirmed in the manner prescribed by the regulatory legal acts of the Russian Federation and the city of Moscow.
14.3. Lack of the applicant's right to receive public services.
14.4. Availability:
14.4.1. A court decision that has entered into legal force on the applicant's complaint with identical subject matter and grounds.
14.4.2. A decision on a complaint made earlier in a pre-trial (out-of-court) procedure in relation to the same applicant and on the same subject of the complaint (with the exception of cases of appealing against earlier decisions to a higher authority).
15. The complaint shall be left unanswered on the merits in the following cases:
15.1. The presence in the complaint of obscene or offensive language, threats to life, health and property of officials, as well as members of their families.
15.2. If the text of the complaint (part of it), the postal address and e-mail address are unreadable.
15.3. If the complaint does not indicate the name of the applicant or the postal address and e-mail address to which the response should be sent.
15.4. If the body authorized to consider the complaint received a petition from the applicant (representative of the applicant) to withdraw the complaint before a decision was made on the complaint.
16. The decision to satisfy the complaint or to refuse to satisfy the complaint shall be sent to the applicant (representative of the applicant) no later than the working day following the day of its adoption, at the postal address indicated in the complaint. At the request of the applicant, the decision is also sent to the e-mail address indicated in the complaint (in the form electronic document signed by the electronic signature of an authorized official). In the same manner, the applicant (representative of the applicant) is sent a decision on the complaint, in which only an e-mail address is indicated for a response, and the mailing address is missing or illegible.
17. If the complaint is left unanswered on the merits, the applicant (his representative) shall be sent, no later than the working day following the day of registration of the complaint, a written motivated notification indicating the grounds (except for cases where the complaint does not indicate the mailing address and email address reply emails or they are unreadable). The notification shall be sent in the manner prescribed for sending a decision on the complaint.
18. A complaint filed in violation of the rules on competence established by clause 5.4 of the Administrative Regulations for the provision of the state service "Licensing the retail sale of alcoholic products", approved by Decree of the Government of Moscow dated February 21, 2012 No. 59-PP, shall be sent no later than the business day following on the day of registration of the complaint, to the body authorized to consider the complaint, with simultaneous written notice the applicant (his representative) to redirect the complaint (except in cases where the complaint does not indicate the postal address and e-mail address for a response or they are illegible). The notification shall be sent in the manner prescribed for sending a decision on the complaint.
19. Filing a complaint in a pre-trial (out-of-court) procedure does not exclude the right of the applicant (representative of the applicant) to simultaneously or subsequently file a complaint with the court.
20. Informing applicants about the judicial and pre-trial (out-of-court) procedure for appealing against decisions and (or) actions (inaction) committed in the provision of public services should be carried out by:
20.1. Placement of relevant information on the Portal and stands at the places of provision of public services.
20.2. Advising applicants, including by telephone, e-mail, in person.
21. In the event that, during or following the consideration of a complaint, signs of an administrative offense or a crime are established executive, vested with the authority to consider the complaint, immediately sends the available materials to the prosecutor's office.
2. Non-compliance of the applicant with the requirements of articles 2, 8, 11, 16, 19, 20, 25, 26 of the Federal Law of November 22, 1995 N 171-FZ "On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on the restriction consumption (drinking) of alcoholic products.
The list of grounds for refusal to provide public services, established is exhaustive.
Grounds for refusal to accept documents
The grounds for refusal to accept documents required to receive public services are:
1.1. The submitted request and other documents required for the provision of public services do not meet the requirements established by the legal acts of the Russian Federation, the legal acts of the city of Moscow, the Uniform Requirements, the Administrative Regulations.
1.2. The submitted documents are no longer valid.
1.3. The applicant submitted an incomplete set of documents specified in the Administrative Regulations as documents subject to mandatory submission by the applicant.
1.4. Submission of a request on behalf of the applicant by an unauthorized person.
1.5. Application for the provision of a public service by a person who is not a recipient of a public service in accordance with the administrative regulations for the provision of a public service.
1.6. Request other documents in electronic form signed using electronic signature in violation of the requirements established by regulatory legal acts of the Russian Federation.
2. Additional grounds for refusal to accept documents required for the provision of public services, when sending a request in electronic form using the Portal, are:
2.1. Incorrect filling of required fields in the interactive request form.
2.2. The presence of conflicting information in the interactive request and the documents attached to it.
For obtaining a license for the production of alcoholic beverages, you need to pay a state duty. If for any reason the issuance of the relevant document is refused, the amount of the state duty will not be returned. The article will answer the question of how you can get a license. It will also consider what problems the organization may face.
When is a permit required?
Activities related to the production or circulation of ethyl alcohol and alcoholic products are subject to mandatory licensing. This is established in Federal Law No. 171. So, a license for the production of alcoholic products gives the right to carry out the following actions:
Why is a license required from Rosalkogolregulirovanie? This question is answered below.
Products subject to licensing
It is important to note that the production of absolutely every type of supplied product, which is listed in Federal Law No. 171, is subject to licensing, namely:
Requirements
There are certain requirements for all enterprises in obtaining a license.
For example, they may affect the size of the authorized capital or organizational equipment. Particular attention is paid to the absence of any debt related to the payment of taxes or fees. Such shortcomings in payment should not be either at the time of obtaining permission, or during the production of goods. If there is a tax debt, then the license for the production of alcoholic beverages may be canceled.
Collection of documents
According to federal law No. 171, the following documents are required:
At the same time, it should be emphasized that the licensing authority should not require any other documents.
Payment of state duty
A license for the production of alcoholic products is issued for a period specified by the organization, but the total duration of this document cannot be more than five years. The amount of the state fee is most often five hundred thousand rubles. At the same time, it is important to emphasize that six million rubles will have to be paid for licensing the production, storage and supply of the produced denatured and ethyl alcohol. This amount of state duty is established for obtaining a license for the production, storage and wholesale distribution (supply) of any alcoholic goods. Only wine is not included in this list.
The state duty for obtaining a license for the retail sale of alcoholic beverages will cost the applicant forty thousand rubles for each year of its validity. The amount of the state fee for reissuance fully corresponds to the amount established for obtaining the corresponding type of document. True, in the event that the license is reissued as a result of the reorganization of the enterprise (as part of a merger), then the state fee will be only two thousand rubles. An important condition for this is that each organization that takes part in the merger must have a license for the same type of activity at the time of registration of the successor.
If an organization changes its name or its location, which is indicated in the permit, then reissuing the corresponding document will also cost two thousand rubles.
How to obtain a license for the production of alcoholic beverages, it is important to find out in advance.
Accounting for the cost of paying the state fee
The amount of the state duty during the calculation of income tax is taken into account as part of other expenses, in accordance with Article No. 264 of the Tax Code. Previously, officials required that such costs be written off during the entire period of the license. According to Article No. 272 of the Tax Code, a uniform write-off of expenses is required, which provides for the receipt of income for a time period of more than one reporting period. This does not imply a phased delivery of goods.
Later, officials changed their position and came to the conclusion that all the costs of issuing a license for the production of alcoholic beverages should be taken into account at a time. In their opinion, the requirements of Article No. 272 on the equal write-off of expenses should be applied only strictly within the framework of civil law agreements. It is obvious that the issuance of licenses is carried out outside the contractual relations. Therefore, you should not write off the cost of obtaining licenses during the entire period of their validity.
This approach confirms arbitration practice. True, given the fact that the amount of state duty for a license for the production of alcohol is very significant, it would be better to clarify the accounting procedure by contacting your tax office.
In some cases, the organization has the right to demand a refund of the state duty. Situations in which this is possible are given in article No. 333 of the Tax Code. So, in the event that the company paid the fee for a license for the production and circulation of alcoholic products, and the licensing authority, in turn, refused to provide the required document, then the transferred amount is not refundable. In this case, it can be counted against the amount of the fee that is payable for performing a similar action. In other words, a set-off can only be made in respect of the amount of the state duty that was paid in an amount exceeding the value established by Chapter No. 25 in the Tax Code.
It is important to note that the costs associated with the payment of the state duty for obtaining a license can be taken into account in expenses when calculating income tax. Such explanations are given by officials. True, before they offered to write off such expenses evenly over the entire period of the licenses. About which procedure it would be better to use, you should check with the tax office.
Who can assist in obtaining a license for the production of alcoholic beverages?
Help of intermediaries
So, in order to carry out the legal production of alcoholic goods on the territory of our country, it is necessary to obtain a special permit, which is issued in accordance with Russian law. Obtaining this document is a rather complicated procedure, since the administrative regulations impose rather stringent requirements and conditions for production. An alcohol license is quite expensive.
This situation applies not only to technological equipment and production premises, as well as warehouses of finished products in which alcohol is produced. We are talking about all the documents that need to be properly drawn up and submitted for consideration to the regulatory authorities, whose competence includes issuing licenses for the production of alcoholic products.
It is very difficult to go through all the necessary stages of licensing on your own. For this reason, many domestic entrepreneurs are forced to seek help from one or another intermediary. This is due to the fact that obtaining a license for the production of alcoholic beverages requires a lot of experience, practical skills and certain connections. dating the right people allow in as soon as possible eliminate any possible errors that can occur in almost any manager of an alcohol enterprise or warehouse where alcohol-containing goods are stored. Of course, how quickly, and most importantly, how well the process of obtaining a license will go through, directly depends on the professionalism and level of training of the intermediary.
Thus, in such a difficult field of activity as the production of alcoholic goods, entrepreneurs always have a choice: to figure it out on their own or turn to intermediaries for help.
So how do you get a license to produce alcohol?
Getting permission
Before obtaining this permit, legal entities should clarify for what period it is issued. As noted above, according to general rules the period of validity of this permit may not exceed five years. That's what the rules are in the law. But this period of validity is related to those legal entities that are engaged in the production, sale and storage of alcohol and alcoholic products. This refers to activities not only for the needs of the population, but also for industrial organizations.
The period of validity of the permit, which is issued only for the sale of alcoholic products (without their production), is only two years. Such a license is required by various stores selling the relevant products. Thus, any entity will be able to obtain a license, the validity of which will be unlimited.
Having found out information about the validity of licenses, one should touch on the question of whether it can be reduced in cases of any violations by legal entities. This question worries many. It can be stated with certainty that if any violations of activity are found at the enterprise that issued the corresponding license, then the validity period of the document will not be reduced. In this case, it will simply be cancelled. All information is entered in the register of licenses for the production of alcoholic beverages.
Cancellation of a permit can entail a number of negative aspects. First of all, penalties will be imposed on the legal entity, which will amount to decent sums of money. In addition, the organization may be blacklisted for an indefinite period of time, and this will result in the refusal to issue permits. This may not be done forever, but for a significant period of time, which will depend on the situation.
Stages of opening a license
The types of activities that require obtaining a license have been indicated above. Now let's figure out what should be done in order to open a license. This is done in stages:
Renewal of the license for the production of alcoholic products
In order for this procedure to pass as quickly as possible, many organizations turn to experienced lawyers in whose name is issued notarised power of attorney. Such intermediaries, knowing all the subtleties, quickly draw up the required documents. After all the documentation has been collected, you will need to pay the state duty. Further, a representative from a state body will definitely come to the enterprise in order to check the compliance of the submitted documents. If everything is done correctly, permission will certainly be issued.
Now we know how to get a license for the production of alcoholic beverages.
Who needs have a license
All restaurants, bars, clubs, eateries, retail supermarkets, hotels, hotels, etc. must have an authorization document.
Terms presented to the licensee
For the licensed sale of alcoholic beverages, a legal entity must have a premises with an area of more than 50 square meters. meters. At the same time, the authorized capital for a supermarket should be at least 50 thousand rubles, for a cafe or bar - 10 thousand.
The amount of authorized capital for small establishments (cafes or bars) varies depending on the region in which they are located.
On what period best to arrange
At the same time, the size of the state duty is constantly growing, so it is not economically feasible to issue a license every year.
The cost of a license for 12 months is 65 thousand rubles, for 5 years - 320 thousand.
Requirements for premises
The licensing authority allows for the sale of alcohol only those stationary objects whose lease period exceeds 1 year.
These objects should be located at a distance of more than 50-200 meters from educational institutions, as well as clinics and other medical institutions, sports facilities.
Joining EGAIS
Since the beginning of last year, all retail supermarkets must confirm in the Unified State Automated Information System both the purchase of alcohol-based drinks and the fact of their sale.
Without connecting to the Unified State Automated Information System or if the above requirements are not met, a legal entity is prohibited from selling alcoholic beverages.
Processing time licenses
A license for alcohol, as a rule, is issued 2 months from the date of application. The period required to renew a valid license is 14 working days.
The license price consists of the state duty, payment for services for the creation and transfer of relevant documentation to the licensing authorities.
Who can get alcohol license?
The license is issued to a legal entity on the basis of Federal Law 171. The following persons are entitled to receive a permit:
Thus, an individual entrepreneur does not have the right to engage in this activity, therefore he cannot obtain a license. If your business has been in existence for a long time, it is recommended
Hurry up to buy! From January 2019, it is planned to increase the amount of the state duty for registering a retail license for alcohol (the bill is already under consideration in the State Duma). Hurry up to get a license at the old prices. We have an affordable price.
Retail license for alcohol
A retail license for the sale of alcohol is a mandatory permit document that entitles a legal entity to officially engage in the sale of alcoholic products with an ethyl alcohol content of 6% or more.
According to paragraph 5 of article 16 of 171-FZ, the license is divided into 2 types: retail sale of alcoholic products in the provision of catering services and a license for the retail sale of alcohol (for stores).
Bottling, selling alcoholic beverages without a license is administratively and criminally punishable. If you want to make a profit, and not overpay for fines, then it's time to think about acquiring a license to retail alcohol.
The fine for selling alcohol without a license starts at 300,000 rubles. at legal person, or criminal liability for individual- imprisonment up to 5 years, with confiscation of property.
Features of obtaining a retail license for alcohol
Who should receive?
Retail stores, cafes, bars, restaurants, clubs, tea houses, pubs, recreation centers, hotels, snack bars, bistros, etc.
Conditions for obtaining a license for alcohol
For retail alcohol, the licensee must have a room with an area of at least 50 square meters. m., the size of the authorized capital from 50,000 rubles. (shop) or from 10,000 rubles. (cafe / bar / restaurant). The size of the authorized capital for cafes, bars and restaurants depends on the region. In addition, you must have: remote alarm safe, screwed to the floor.
State duty and license validity period
65 000 rubles / 1 year
325 000 rubles / 5 years
License renewal - 65,000 rubles.
Only stationary objects with a lease term of more than 12 months are allowed for rent. The stationary object must be located away from educational organizations and medical institutions 50-200 meters (depending on the region).
From January 1, 2016, stores are required to confirm in the EGAIS (Unified State Automated Information system) the fact of the purchase of alcohol, and from July 1, 2016 - the fact of sale. It will be impossible to sell alcohol without connecting to EGAIS and complying with the requirements.
We recommend applying for 5 years at once, because. you save money on renewals over 14,000 rubles. + it has long been known that sudden amendments can occur in the legislation of the Russian Federation, due to which the cost of the state duty will increase, for example, if in 2014 the state duty was = 40,000 rubles, then since 2015 it has become = 65,000 rubles.
The cost of a turnkey retail license for alcohol
The cost of a license for alcohol is formed from the amount of the state fee and payment for services for the preparation and transfer of documents to the licensing authorities. We consider our work done only after we have received a ready-made form of the License for the sale of alcoholic products, which is sent (or handed over at our office) to the licensee after the completion of all financial obligations of the parties.
Who is eligible for a retail alcohol license?
Attention! An alcohol license is issued only for a legal entity in accordance with Federal Law 171, i.e., a license can be issued by:
- Limited Liability Company (LLC)
- Public Society (JSC)
- Non-Public Company (CJSC)
An individual entrepreneur (IP) cannot be engaged in this activity, as a result they do not have the right to retail alcohol license.
If you are just thinking about registering an LLC or you already have an individual entrepreneur, then when you apply to our company for a license for alcohol, we will register the company as a gift (and this will save you money - over 10,000 rubles). Also, thanks to our technologies, we will help you calculate profits and draw up a development plan for the year.
Key parameters of an alcohol license
Those. you can take a license for 1 year and then renew it for 4 years, but we recommend that you get it immediately for 5 years, because. you save money on renewals over 14,000 rubles. + it has long been known that sudden amendments can occur in the legislation of the Russian Federation, due to which the cost of the state duty will increase, for example, if in 2014 the state duty was = 40,000 rubles, then since 2015 it has become = 65,000.
But for each client, we are ready to consider individual terms for the production of a license for alcohol.
State duty - 1 year of using the license 65,000 rubles, the maximum possible extension, annually up to 5 years. (i.e. 5 years - 352,000 rubles).
The process of obtaining a new license is somewhat different from reissuing a document that has expired. Independent renewal/renewal of the license will take you up to six months. With our help, you will renew your license in just 1 month. Which will save you time and money.
The size of the authorized capital depends on the place of sale of alcoholic products and is set as follows: 10,000 rubles. - cafe / bar, 50 000 rubles. - score.
The license can be issued for LLC, OJSC or CJSC. Individual entrepreneurs do not have the right to issue an alcohol license in accordance with the federal legislation of the Russian Federation.
Availability of a warehouse, CCP, buyer's corner + tech. Passports for the premises (Remember that very strict and serious requirements are put forward for the premises, you cannot do without the help of professionals).
Issuing a license federal Service on the regulation of the alcohol market
We carry out certification of engineering and technological personnel, improve the qualifications of builders in various directions, promptly train and advise employees. You can get an environmental certificate and a certificate of professional conformity from us. All Required documents to obtain admission SROs will be prepared quickly and competently.
Documents for obtaining a license for alcohol in 2018-2019
Important! There should be no tax debts (if at the time of filing the documents there is a debt of even 20 kopecks, the issuance of a license will be suspended and a license will not be issued). Therefore, if the company has existed for a long time, we recommend that you open a new LLC.
The licensing authority conducts documentary and field check and makes a decision to issue a license or to refuse to issue a license within 30 calendar days from the date of receipt of the application and all necessary documents.
- Federal Law of 22.11. 1995 No. 171-FZ "On state regulation revolutions of ethyl alcohol ... ".
- Tax Code, Chapter 25.3 article 333.33 subparagraph 94 paragraph This rule establishes the cost of a license for the production, wholesale and retail sale of alcoholic products.
- Federal Law No. 221 dated July 21, 2014 “On making a change? to chapter 25.3 of the second part of the Tax Code of the Russian Federation”. This law established new amounts of state duties for licensing the production and circulation of alcoholic products.
The difference between obtaining a retail alcohol license for a store and a cafe
|
Terms |
Retail sale (store) without consumption at the place of purchase |
Retail sale (bar, cafe, restaurant, snack bar,) with consumption at the point of purchase |
|
Legal form of organization |
||
|
Authorized capital |
||
|
Room type |
Only stationary objects |
Only stationary objects |
|
Room area |
Not less than 50 sq.m. |
Not less than 50 sq.m. |
|
If the premises are leased, the lease term |
Over 12 months |
Over 12 months |
|
Availability of cash registers |
Mandatory, unless the entrepreneur does not work for UTII, in which case a sales receipt is sufficient. |
|
|
Distance to children's, educational organizations, student hostels, libraries educational process, wholesale and retail markets |
In each region individually (from 50-200 meters) |
|
|
Distance from medical organizations, train stations, airports, metro stations, railway platforms, military facilities, sports facilities. |
In each region individually (from 50-200 meters) |
In each region individually (from 50-200 meters) |
|
State fee for issuing a license for each year of operation |
65 000 rubles |
65 000 rubles |
|
alcohol sale time |
From 08 to 23 hours |
around the clock |
Obtain a retail license for alcohol in Moscow
To the company CenterConsult more than 4,500 companies a year, from different regions of the Russian Federation, apply for licensing of the alcohol trade, the popularity of this license is due to the advantages it provides:
The ability to officially sell alcoholic products.
Opportunity to double your profits.
Opportunity to increase the flow of customers by 2.5 times.
We issue alcohol licenses for LLC, OJSC and CJSC. If you are just thinking about registering an LLC or you have an individual entrepreneur, then when you apply to our company for an alcohol license, we will register the company as a gift!
License calculator
for alcohol
Free preliminary calculation
the cost of an alcohol license
Start calculation
Do you want to sell products that bring super profits? Alcohol is always in demand. For its implementation, it will be necessary to fulfill a number of requirements of the legislator: to have equipped retail space, to form an authorized capital. Obtain a special permit to carry out this type of activity - a license for the retail sale of alcohol. The document will allow you to become a full-fledged market participant, offering the consumer a product in demand. But the lack of a license for alcohol is a gross violation of the law, which entails administrative responsibility. You can not sell, pour alcohol without permission. Are you not ready to pay fines, be subjected to constant checks by auditing bodies, or run your business in the “shadow”? The company "YurExpert" will help you obtain a license for alcohol.
License for the sale of alcohol - the conditions of state bodies It should be understood that the legislator allows the retail sale of alcohol-containing products (from 6% ethyl alcohol) only to legal entities. Individual entrepreneurs are deprived of such a right. They are allowed to sell without an alcohol license only beer and its derivatives. Who needs permission:
- The shops.
- Bars.
- Cafe.
- Restaurants.
- Bistro (catering establishments where alcohol is sold).
- Recreation centers.
- Pubs.
- Leisure clubs.
- Eateries.
A retail license for alcohol can be issued if the applicant confirms that the size of the authorized capital of the organization corresponds to 1,000,000 rubles. (for stores) and from 10,000 rubles. for restaurants, cafes, bars, etc.
Please note that the size of the authorized capital for stores varies depending on the region where you plan to obtain a license for alcohol.
There are special requirements for the premises where they carry out the retail sale of alcohol-containing products:
At the same time, all objects where the retail sale of alcohol is carried out must be located at a distance of 50-200 m (for each region, the figure varies) from such objects:
- Baby and educational institutions, medical facilities, sports sections, clubs.
- It is forbidden to sell alcohol near cultural institutions.
- It is forbidden to build or rent premises near railway stations, markets, public transport stops, places where mass gatherings of people take place, etc.
- Close to military installations.
Important! If during the verification of documents and conditions for obtaining a retail license it turns out that the premises are located close to the above objects, you will not be issued a trade permit.
When selling alcohol, you must install cash registers.
Retail license for alcohol - why can they refuse to obtain it?
An alcohol license is a document that must confirm that the organization has all the conditions for the sale of alcohol-containing products. At the same time, collecting certificates and papers confirming these facts is quite problematic. Many do not know how to bring retail space into line, register a legal entity. We offer to take over everything organizational matters, and you will receive a ready-made license for the retail sale of alcohol-containing products.
Please note that if the licensing authority refuses to issue you a license, you should not expect that the entire package of documents will be returned to you. The result - you will have to re-register all the papers, and given that the terms of the certificates must be relevant - again contact the state authorities.
A retail license may be denied:
| The license will not be issued due to | Independent registration of retail (trading) licenses | Retail alcohol license issued by our lawyers |
| Entering irrelevant, deliberately false information | It is difficult for a person to keep track of changes made to legal acts. Often the applicant does not understand legislative framework regulating the obtaining of licenses for alcohol. | Professional audit of documents, verification of information, elimination of incorrect data, assistance in obtaining additional documents. |
| Not fully meeting the requirements for obtaining a retail license | The size of the authorized capital does not meet the requirements of the legislator. No fixed premises cash machine etc. | Before forming a package of documents for a license for alcohol, our specialists check all the conditions for the applicant by the licensing authority. |
| There is a debt on mandatory fees to the budget and taxes | If you have an “old” organization, it is very difficult to check for debts on your own. You may not know about them. If the licensing authority “discovers” this, you will not be issued a license for alcohol. | The company "YurExpert" will check the presence / absence of debts or help you register a legal entity / organization with a "clean" history. With such a company, you will be able to retail the goods in demand. |
| There are errors in the documentation | It is difficult for a permit applicant to figure out what information needs to be entered, what codes to indicate when selling alcohol, how to fill in information about the organization, authorized capital, etc. | The rich experience of lawyers ensures that all paperwork will be completed in strict accordance with the law and the rules established by the licensing authority. |
How much to pay to get a retail license?
In addition to purchase/rental costs retail space, formation of the authorized capital and preparation of a package of documents, you will have to pay state duty. This is an impressive expense item, so we recommend choosing an economical option when applying for a retail alcohol license:
- 65 000 rub. - the license is valid for 1 year. It is not profitable to issue it, because changes are constantly being made to the legislation, and no one will give a guarantee that in a year the state duty will not “grow” when issuing licenses for the sale of alcohol.
- 325 000 rub. - retail license is valid for 5 years. Profitable option- do not have to renew the document, worried that the state duty will change.
Please note that if there is a need to make changes to the data about the enterprise (name, location, etc.), the alcohol license will have to be reissued. Cost - 3 500 rubles. In case of reorganization of an enterprise / legal entity, it is also necessary to obtain an updated license (retail sale of alcohol-containing goods). It will cost 65,000 rubles.
No license - how to retail alcohol-containing products?
The legislator established that it is prohibited to sell goods containing alcohol, as well as to store and produce them without an appropriate permit. In case of detection of violations of existing norms, liability arises in the form of fines for the retail sale of goods:
- Legal entities / organizations - up to 300,000 rubles.
- Entrepreneurs - up to 15,000 rubles.
It is worth remembering that the punishment for not having permission is not limited to a fine. If a violation is detected, all products in the organization can be confiscated.
Important! If you are ready to present a license, but your facility does not meet the requirements of the licensing authority, the activity is prohibited for up to 3 months. This applies to facilities: cafes, shops, bars, restaurants, pubs, etc.
It threatens with punishment and detection of counterfeit excise stamps on the goods being sold. In such a situation, the organization faces a fine of 300,000 rubles. and confiscation of counterfeit goods. At the same time, the fact that it was not you who made the illegal goods, that is, you did not know that it was falsified, will not be an excuse - punishment cannot be avoided.
We are ready to offer an option where you do not risk anything, and your business flourishes and is not constantly subject to audits by audit bodies. We will issue a permit for the retail sale of alcohol-containing products in full compliance with the law.