Running a business that involves selling alcoholic beverages and tobacco products, is strictly regulated by legislative acts. If it is not observed, then penalties may be applied to the entrepreneur. It is very important to study the rules of the law on the sale of alcohol at night in order to avoid additional costs. For violation of this provision, not only administrative, but also criminal liability is provided.
Many entrepreneurs who own retail outlets do not evaluate their actions. Alcohol at night they sell under the guise of souvenirs. Someone is not even afraid to illegally distribute moonshine. And some sell alcohol to underage citizens, thereby breaking the law twice.
Every seller who breaks the law must know the penalty that can be applied to him. It is prohibited by law to sell alcoholic beverages between 23:00 and 08:00. Local authorities are given the right to independently change these time frames.
For example, in St. Petersburg, strong intoxicants are not sold from 22:00 to 11:00, in Kazan - from 22:00 to 10:00, in the capital - from 23:00 to 8:00.
These restrictions do not apply to catering establishments (restaurants, bars and cafes). The norms of the law apply not only to legal entities, but also to individual entrepreneurs. If an individual sells moonshine at night, he may be held administratively liable.
For the sale of alcoholic beverages after 22 hours, a fine is provided. Its size depends on the category of the violator and the responsibility assigned to him.
The amount of the fine is:
- for the owner of a store or outlet: 5-10 thousand rubles;
- for an individual entrepreneur and a legal entity: 50-100 thousand rubles.
Penalties are applied not only for the sale of alcohol at night, but also for the sale in the wrong places. Most often, this offense is due to the fact that the seller does not have the appropriate license. The sale of alcohol is prohibited: in trade kiosks, nearby educational and sports institutions, in crowded places (public transport stops, railway stations, airports).
For the sale of alcohol in the wrong places or without the appropriate documents, a fine is charged:
- from business owners 10-15 thousand rubles;
- from a legal entity 200-300 thousand rubles.
Basic license requirements
The sale of alcoholic alcoholic beverages is carried out only on the basis of an appropriate license. This document is issued if the following conditions are met:
- The area of the point does not exceed 50 square meters. m;
- Installed cash register equipment;
- Warehouses are available;
- The trading place is the property of the entrepreneur or is rented according to the contract for at least 1 year;
- The business owner is registered as a legal entity. Licenses are not issued to individual entrepreneurs. The period of validity of the permit is 1-5 years.
The list of mandatory documents for the sale of alcoholic beverages also includes contracts for the supply of products and for the sale of goods. All these papers, including the license, must be available to the owner of the outlet.
A number of requirements are also put forward to the contract, which is concluded between the supplier and the entrepreneur. In particular, the document must contain the following information:
- the subject of the agreement;
- the procedure for making settlements between the two parties (the timing of the advance payment and the entire amount for the products);
- the price of the supplied products;
- the procedure for receiving goods by the buyer;
- actions of both parties in case of force majeure;
- liability for violation of the terms of the contract.
The document is drawn up in writing. Both parties sign and seal it.
Penalty for selling alcohol to minors
In Russia, it is strictly forbidden to sell tobacco products and alcohol-containing drinks to minors. For violation of this legislative norm, a monetary penalty is provided:
- to an individual (sellers of goods) - from 30 to 50 thousand rubles;
- the owner of the outlet - a minimum of 100,000, and a maximum of 200,000 rubles;
- legal entities-organizations - from 300 to 500 thousand rubles.
Individuals who sell alcoholic beverages to minors may also be held administratively liable.
The sale of tobacco products to persons under the age of 18 is also prohibited. For violation of this law of the Russian Federation, a fine is provided:
- for individuals: not less than 3,000 rubles, and a maximum of 5,000 rubles;
- for the owner of the point - 30,000-50,000 rubles;
- for a legal entity - a minimum of 100,000 rubles, and a maximum of 150,000 rubles.
In addition to collecting a fine, the subject of an administrative violation (alcohol, tobacco products) is also confiscated. It should be noted that you do not need to obtain a license to sell cigarettes in Russia. But the sale of products is carried out only in trade pavilions and shops.
So, we examined the procedure for calculating administrative fines for the sale of alcoholic beverages at the wrong time and to minors. If you do not know the current legislation, then this does not exempt you from the implementation of these acts.
The law on the sale of alcohol, also known as the Federal Law of November 22, 1995 N 171-FZ, was adopted in Russia not by chance. Regrettably, our country is in the top world rankings for alcohol consumption. It's no secret that alcoholism is one of the most important problems in our society, and various government officials also regularly focus on this.
One of the most effective levers for reducing the amount of alcohol consumed on average in the country is to limit its sale at the legislative level. Due to the fact that such measures have already been taken, the question of when it is forbidden to sell alcohol is of interest to both those who sell it and those who plan to consume it. Of course, there is a special law on the sale of alcohol, but not everyone bothers to open it and understand everything. Below is all the information in a more accessible and understandable form.
The concept of "alcohol"
In order to competently use and be guided by the law on the sale of alcohol, it is necessary to clearly understand what exactly falls under the concept of "alcoholic beverage". The law we are interested in is Federal Law No. 171-FZ of November 22, 1995. In fact, all drinks that contain 0.5% ethyl alcohol or its fermentation products are officially alcoholic - Art. 2 FZ-171. However, there is a small influx. This concept does not include all products in which the percentage of alcohol does not exceed 1.2%. For example, in such small quantities, alcohol can be found in fermented milk products (kefir, tan, koumiss), as well as in kvass. It is worth noting that some types of kvass contain even more alcohol than 1.2%, but they are still not classified as alcoholic beverages.
By product type
In addition, all products that are officially positioned as non-alcoholic and have passed the appropriate test do not fall under the law on the sale of alcohol. The most common options for this are non-alcoholic beer and non-alcoholic wine. They usually still contain ethanol, but its share rarely exceeds half a percent, and therefore such drinks are not subject to the said Federal Law.
The main list of alcoholic beverages is specified in the above-mentioned federal law and other by-laws. To put it simply, any liquid that contains alcohol is officially covered by the law on the sale of alcohol. In particular:
- wine;
- liquor;
- port wine;
- whiskey;
- cognac;
- vodka;
- brandy;
- absinthe;
- tequila;
- Calvados;
- any tinctures for alcohol;
- beer.
Beer
Beer is worth a separate stop. Many, for some reason, believe that beer is not subject to the law on the sale of alcohol due to its low alcohol content. The same thing is often thought about different low alcohol products, alcohol-based energy drinks, and so on. As a rule, the alcohol content in such drinks is at the level of 3-4% or even higher, so there is no reason to make an exception for them. From the legal point of view of the law in question, the sale of 3.5% beer is equivalent to the sale of 70% chacha. But you need to understand that for the sale of beer there are exceptions specified in other regulations. Therefore, if you decide to engage in the retail trade of beer, study the legislation more carefully, in particular FZ-289.
Normative base
The Law on the sale of alcohol, which, by the way, was amended in 2019 (came into force on 08/06/2017), is the main regulatory act that regulates the sale of any alcoholic beverages.
One of the most important points of this law is to limit the age of persons to whom alcohol can be sold. In any instances, it is 18 years. An exception is made only for those cases when a person officially married, or opened his own private enterprise. In such cases, he is officially considered an adult, and capable of taking responsibility for his actions. However, even in the case of presenting, for example, a marriage certificate, shop assistants very often refuse to sell alcohol to a client.
Requirements for the premises and documents
Another very interesting point of the law is the limitation of the area of premises in which alcohol can be sold. The Prohibition of Alcohol Sale Act prohibits the sale of alcoholic beverages in an establishment with an area of less than 50 square meters. Outside the city limits, this limit is reduced to 25 square meters. This information is regulated by various articles of the law, but in fact, for understanding, it is worth immediately studying 278-FZ - it is in it that the main amendments regarding changes in part of the premises are spelled out.
It is worth noting that there have always been enough people in Russia who wanted to circumvent the law on the sale of alcohol. A common scheme is an attempt to buy alcohol over the Internet. At the same time, the courier brings the client not only the drink directly, but also the lease agreement, which is a cover. According to this document, alcohol is allegedly rented to a person as a decorative element. At the same time, according to the contract, the recipient does not have the right to damage or open it. However, now this scheme is already being cracked down by law enforcement officers without any problems. The lease agreement is recognized as having been drawn up to hide the real contract of sale, after which the selling company is held liable. In some cases, even the buyer can be attracted if he was directly involved in the implementation of the scheme, fully aware of the fact that this is illegal.
Lawyer of the Board of Legal Protection. He specializes in administrative and civil cases, indemnification by insurance companies, consumer protection, as well as cases related to the illegal demolition of shells and garages.
The sale of alcoholic beverages requires a special permit, that is, a license.
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In addition, the sale of these products imposes additional restrictions on the seller in the form of the age of the potential buyer, requirements for retail space, and so on.
Any violations threaten with serious sanctions, therefore, in order to avoid a fine, one should be guided by the current legislation.
Basic information
The sale of alcoholic beverages has always been profitable. Therefore, many aspired to engage in such activities.
At the moment, the sale of alcohol requires compliance with a number of legal acts that impose significant restrictions.
The introduced restrictions relate both to the obligatory presence of a license for the seller, and other circumstances, such as a certain area of the store premises, the time of sale of products, and the age of buyers.
Violation of these conditions is punishable in accordance with applicable law and the amount of the fine is quite high. At the same time, in the last few years, the amount of fines has increased significantly.
Until 2014, many entrepreneurs ignored the restrictions, believing that the potential profit would significantly offset the penalties. Now the issue is controversial and many prefer not to take risks.
What you need to know
The legislator seeks to take more control over the sale of products containing ethyl alcohol. This is done for the following purposes:
In order to eliminate these problems, the legislator is waging a serious fight against violators. One of the directions is strengthening responsibility for existing violations.
Fines have become more serious, potential profits no longer always cover possible violations.
The state also strengthens the requirements for sellers. For example, since 2017, any person who sells alcohol must be connected to the EGAIS (Unified State Automated Information System).
The manufacturer and the seller are connected to this system and counted in real time about the products sold, which allows you to properly control the sale of legal alcohol.
Who can fine
Control over the sale of alcoholic products is carried out mainly by the Ministry of Internal Affairs (MVD).
Police officers have the right to control such a sale, as well as to impose appropriate administrative fines and initiate criminal proceedings.
In some cases, cases are referred to the court, and then the fine will be issued in accordance with the court order.
Current regulations
Control over the sale of alcoholic products is carried out on the basis of several legal acts:
There are several more legal acts that indirectly regulate the issue of the sale of alcoholic products.
How much is the fine for illegal sale of alcohol
The fine for the illegal sale of alcoholic beverages, its size, will depend on the circumstances of the case.
For example, the fine for selling alcohol after 11 p.m. is different from the fine for selling alcohol without a license.
In any case, the sanction will be substantial. Therefore, entrepreneurs should be attentive to this issue and formalize their activities in accordance with legislative requirements.
Amount payable
Responsibility for the sale of alcoholic products will depend on the specific type of offense.
| Sale of alcohol without accompanying documents | Threatens an individual entrepreneur with a fine in the amount of ten to fifteen thousand, and organizations - up to three hundred thousand rubles |
| No license | Threatens with a fine in the amount of two hundred to three hundred thousand rubles |
| Other gross violations in the field of licensing | Shall be punishable by a fine of one hundred and fifty to two hundred thousand rubles |
| Sale of alcohol, on which fake excise taxes were noticed | It is punishable for individuals with a fine of four to five thousand rubles, for individual entrepreneurs - from ten to fifteen, and organizations will pay from two hundred to three hundred thousand |
In addition, detected counterfeit products will definitely be confiscated from the seller without the right to receive them back.
No IP license
The amount of penalties for individual entrepreneurs, as a rule, is somewhat less than for similar violations by organizations. However, the lack of a license to sell alcohol for individual entrepreneurs and legal entities is punished equally.
At the moment, the size of the sanction will be from two hundred to three hundred thousand rubles.
After 22:00 (at night)
Drinks containing alcohol can be sold at strictly fixed times.
In most regions, the ban is set for sale from 22 pm to 10 am, however, regional legislation may slightly change this time period.
The sale of beer is also prohibited, since since 2014 this drink has been equated with alcoholic products.
Video: revocation of a driver's license for alcohol or drug intoxication
The penalty for this offense will depend on the seller. So, the implementer himself, that is, an individual, will pay from two to four thousand rubles, an official will pay ten times more, but the organization will pay ten times more.
Until 10 am
In fact, the sale of alcohol before 10 am is the same offense as the sale of these products after 22 pm, that is, a violation of the time allowed by law for the sale of alcohol.
Accordingly, the fine will be exactly the same - from two to four thousand for a citizen, from twenty to forty - for an official, and from two hundred to four hundred - for an organization.
Other
There are also other violations related to the sale of alcoholic products. So, for example, the fine for selling alcohol on prohibited days will be the same as for selling such products on prohibited days.
Such days include, for example, the day of knowledge or the last call. To establish it, the administration of the municipality must issue an appropriate resolution.
The sale of alcoholic beverages is also prohibited in some places:
- Objects related to the provision of education, the upbringing of children and the provision of medical services, sports facilities and the territories adjacent to them.
- Military objects.
- cultural objects. Some exception follows from this. Low alcohol drinks can be sold in establishments that provide catering services in parallel.
- Trading objects of non-stationary type.
- Public transport, regardless of its type.
- Transport facilities, such as train stations and airports, as well as other areas associated with a mass gathering of citizens.
Selling alcohol in these places is a significant offense, for which a fine of up to one hundred thousand rubles is threatened, depending on whether the offense was committed by an organization or an individual.
The imposition of a fine will be supplemented by the confiscation of the products sold.
Table of penalties for the sale of products to minors
Responsibility for the sale of alcoholic products to citizens who have not reached the age of majority is determined in the following amount:
How to avoid penalties
Responsibility for violation of the law regarding the sale of alcoholic products applies to both citizens and legal entities and officials.
You can avoid liability for violations by following the requirements of the law:
- Do not sell alcohol unless licensed.
- Do not sell alcohol at prohibited times and days.
- Do not sell these products if the building does not meet the established requirements regarding area and location.
- Do not sell alcohol to children. It is worth remembering that the seller has the right to demand an identity document from the person. This document does not yet include a driver's license, this factor should also be taken into account.
Manufacturers and distributors of alcohol must comply with the procedure for the production and sale of alcohol. Violations of the law will result in penalties. However, few liquor dealers know who has the right to fine them and for what.
The essence of the violation
Along with fines for the sale of alcohol-containing products to minors and at night, in 2018 there is a fine for the sale of alcohol on prohibited days. Prohibited days include public holidays: New Year, 1, 2 and 9 May, 1 September. Local governments have the right to include in the liver and other days, but the law will be valid only in a certain region or in several subjects at once. Most often these are school graduations, Airborne Forces Day and Border Guard Day. The list of prohibited products includes any, even low-alcohol drink (cider, beer).
Showcase with alcohol products
Punishment is regulated by article 14.16 of the Code of Administrative Offenses of the Russian Federation, part 5. In other parts, cases of fines for other violations related to the sale of alcohol are described.
This type is equated to a fine for the sale of alcohol after 22:00 and the punishment is identical: 5-10 thousand rubles * for private entrepreneurs and 50-100 thousand rubles * for legal entities.
Note! If the sale of beer after 11 p.m. was revealed, a fine is not imposed in all cases, since some individual entrepreneurs have the right to sell this product at this time.
In some regions, the ban comes as early as 21:00 and is not valid until 08:00, as in Moscow and the Moscow region, but until 10, 11, or even 14:00. For example, in the Republic of Adygea. The same goes for the forbidden days.
Sale ban
The police officers are involved in the execution of the protocol during the inspection, if a violation has been identified. The decision on recovery is established by a civil judge if the violator is a legal entity and a district judge if the violator is an individual (the seller carried out the sale on holidays, although he was notified of liability in writing). Often, an investigation is carried out to establish the amount of the fine and prove the sale.
What to do if fined
You can receive a penalty for implementation in electronic or written form. It is both criminal, and licensed, and administrative punishment. If the fine was due to the fault of an individual, you must first pay the fine, and then recover it from the employee.
For a legal entity, it is best to pay through a bank or the Internet. Fines are paid from the current account, in accounting they are taken into account as other expenses.
Important! The tax office deals with penalties and fines.
Since 2017, you can pay not only in a non-cash form. If the offender is a small individual entrepreneur who does not have a current account, then an employee, director or even partner can pay by contacting the bank. An individual, on behalf of the company, fills out a payment order at the bank and pays through the cash desk or gives it to a bank employee to make the payment. When a representative of the organization receives a mark of payment, he reports to the appropriate authority.
If the fine is not paid on time, a fine is collected, or the person responsible for the payment is arrested for up to 15 days, or is obliged to perform up to 50 hours of corrective labor. If you repeatedly violate the law banning the sale of alcohol on holidays, the amount of the fine can increase several times. When paying, it is necessary to pay attention to whether there really was a violation, whether the fact of the violation was recognized and whether the ban was in effect in the given region.
Where to report the sale on prohibited days?
Firstly, the applicant can apply to Rospotrebnadzor, for this he will need to indicate his data.
Secondly, the application is submitted to the Main Directorate of the Ministry of Internal Affairs and the prosecutor's office. The application is made either directly at the office or through the website.
The complaint is written indicating the location of the facility where the applicant saw the violation, as well as a description of the whole situation: how and when alcoholic products were sold on prohibited days. The more information, the better.
Be sure to indicate the address of the place where the illegal sale was carried out, and, if known, the person who owns the outlet. At the end, the applicant must indicate their contact details: email, phone, address. The decision will be communicated by email or phone.
Note! They can refuse if the required amount of information (name, address) is not indicated in the complaint, or if it is invalid.
It is best if there is a photo or video confirmation of the violation. Both associations and independent projects work through the Internet to help combat such violations. You can write to them in parallel with an appeal to any government agency from the above.
Changes in legislation
The fine for the sale of alcohol on forbidden days appeared recently - only in 2017. The punishment is the same as for selling at a prohibited time, in turn, the ban on selling at night appeared in 2014, since then the punishment has not been tightened. It is also not planned to make changes in the near future, however, the possibility is being considered to increase the list of prohibited days for the use of alcohol-containing products.
Perhaps Russian legislators will follow the path of some foreign countries and introduce a ban on the sale of alcohol on weekends. It is also planned to toughen the punishment for repeated cases of selling alcohol after 22:00 and on holidays to minors. Both sellers and points of sale are involved as a legal entity.
How to avoid a fine
A legal entity must first of all comply with the law. It is necessary to follow the news to find out on which days a sold bottle will be a violation of the law. Be sure to notify the sellers in writing that the sale is prohibited, otherwise the seller will intentionally or unintentionally commit a crime, but it will not work to recover from him.
There are exceptions to the rules - it is allowed to sell in catering or rent. Then you can become the official supplier of alcoholic products of some restaurant or pub and legally sell alcohol. Or rent: the bottle is sent by courier and a contract is signed for its rental until the morning, the required amount is paid. The third way is to sell other products, and alcohol is bundled with goods as a free souvenir. Naturally, the amount will be included in the price of the goods.
The sale of alcoholic beverages on holidays was banned just a year ago, so there are still cases of unintentional violation.
*Amounts of fines are current as of June 2018.
