Penalty for the sale of alcohol without a license - features, requirements and size

An entrepreneur may obtain a permit giving him the right to sell alcohol, but it will be valid in Russia for five years. It is easier and cheaper to get a license to sell alcohol during the year (restaurants, cafes, buffets, etc.). Wholesalers must issue their respective license.

In order not to receive fines for the sale of alcohol without a license in the future, you must first draw it up, and for this you will have to collect a package of documents. In particular, it will be required:

1. Company constituent documents.
2. Identification code.
3. Extract from tax.
4. Goskomstat data.
5. A document that confirms the payment of state duty.
6. Extract from cash registers.
7. Contract for labor area.
8. Certificate that there are no debts in the tax.

In some cases, it is difficult to collect all these documents and the process itself, therefore, it is appropriate to contact a specialized company that will help you obtain permission to sell alcoholic beverages. They will be able to independently collect a large package of documents and take basically the whole process on themselves. This saves time for their customers who are happy to use such services.

After the license expires, it must be renewed for a new term. Note that renewal is always cheaper by about 2 times. If you have to pay 40,000 rubles to purchase a license, then the renewal amount will be only 25,000 rubles.

Penalties for the sale of alcohol without a license in 2017-2018

The last time the increase in fines for such a violation was carried out in 2014. Similar punishments for violators are needed in order to improve the quality of alcoholic beverages and stop the circulation of unlicensed goods.

It is worth noting that fines for the sale of alcohol without a license have increased significantly. If, until 2014, an entrepreneur who sold alcohol-containing drinks had to pay 4,000-5,000 rubles, today the fine has increased to 10-15 thousand rubles.

As for legal entities, companies had to pay 40-50 thousand rubles of foreclosure. After the changes in 2014, the fine to the seller for the sale of alcohol without a license (law firm) amounted to 150-200 thousand rubles.

Moreover, all products that contain alcohol are confiscated from the seller, which may create a greater loss than the amount of the fine.

Documents for the sale of products

In accordance with Law No. 171 FZ, the sale of hard and low alcohol drinks is possible only if the seller has the following documents:

1. Waybill.
2. Help, which must be attached to the bill of lading.
3. Permission to sell alcohol-containing drinks.
4. A copy of the notice confirming payment of the advance payment of excise duty.

If the seller does not have any document, this will be regarded as an administrative offense.

Consequences and penalties

The Code of Administrative Offenses clearly states that for the sale of alcohol-containing products in the absence of a license, all illegal alcohol is seized, and there is a penalty in equivalent:

1. To officials - from 5 to 10 thousand.
2. Legal entities - from 50 to 100 thousand rubles.

For those who have committed a gross violation of licensing, a high fine is also awarded. In particular, the company (legal entity) will have to pay 150-200 thousand rubles. At the same time, not only alcohol will be confiscated, but also equipment and raw materials for its manufacture.At the same time, the current license for the sale of alcoholic beverages is suspended for up to 90 days.

Using fake excise tax

The previously mentioned Code of Administrative Offenses (Article 15, paragraph 12) states that the sale of alcoholic beverages under fake (fake) excise stamps is punishable by a monetary penalty in national currency. An entrepreneur will have to pay a small fine of 4-5 thousand rubles. The official will be fined 10-15 thousand rubles, a law company - 200-300 thousand rubles. Of course, law enforcement agencies seize counterfeit goods and equipment with which they were manufactured.

To whom and when should alcoholic beverages not be sold?

Federal Law No. 171 decrees a ban on the sale of alcohol-containing beverages under the following circumstances:

1. When the buyer is a minor under the age of 18 years. If a person whose age is difficult to determine does not present documents to the seller, then he is also not allowed to sell alcoholic goods.
2. If the sale of alcohol is carried out from 22:00 to 08:00. Note that the local government sets its own framework for the sale of alcoholic beverages, but most often this is the specified time interval.
3. In case of refusal to cooperate with EGAIS.
4. In the absence of permission to trade in alcohol.
5. If the trade is carried out outside public places that are intended for the sale of alcoholic beverages.
6. If the company is selling without registering a legal entity.

Types of Punishment

For any violation of the above, different penalties are possible:

1. Administrative, and in some cases, criminal liability.
2. Confiscation of products.
3. Accrual of financial penalty.

Note that some sellers in the regions still sell alcohol to minors, just use different methods of hiding these facts. A popular way is to sell drinks in a black bag, because of which no one will see what exactly the seller transfers to the buyer. However, such methods are suppressed, but this does not stop many sellers.

As for the time frame for the sale of alcoholic beverages, the following restrictions apply:

1. Moscow - from 23:00 to 08:00.
2. In the Moscow region, with the exception of Moscow, the sale of alcohol is prohibited from 21:00 to 11:00.
3. In St. Petersburg, alcohol sales are limited from 22:00 to 11:00.
4. In Saratov - from 22:00 to 11:00.

An exception to the generally accepted norms can be considered duty-free points (duty-free), where the sale of alcohol-containing drinks can be carried out at any time.

Punishment for selling alcohol to a minor

Note that a fine for the sale of alcohol without a license is not the only possible punishment in the sale of drinks. Quite often, sellers sell strong drinks to adolescents who have not reached the age of 18. If the seller is not sure that the buyer is 18 years old, then he may ask for an identification document. If at the time of purchase the person is already 18 years old, then the seller can freely sell the goods and not violate the law. If the buyer does not submit documents (passport, driving license, military ID), then the seller may refuse to sell products with alcohol in the composition.

What is considered alcohol?

Note that a liquid is considered alcoholic only if it contains 0.5% ethanol (or more). These products include different liquors, mead, champagne, beer.

In the event that a transaction took place between a minor buyer and seller, the latter faces administrative liability (in accordance with article 14.16 of the Code of Administrative Offenses). In this case, the company will be forced to pay 300-500 thousand rubles in fine, a simple citizen - 30-50 thousand rubles, an official - 100-200 thousand rubles.

If the offense occurs repeatedly, then even criminal liability and one of the following penalties are possible:

1. Withdrawal of proceeds from the sale of alcoholic beverages.
2. A fine of 50-80 thousand rubles.
3. Forced labor for up to one year.
4. Suspension from activity (most often from trade) for 3 years.

Innovations in 2017-2018

Currently, for an individual entrepreneur, the fine for the sale of alcohol without a license is set at 15,000 rubles. The state intends to raise these penalties for entrepreneurs, LLC and legal entities. Now the fine for the illegal sale of alcohol without a license will be 200-300 thousand rubles for the LLC, and for legal entities it rises to 3 million rubles.

The purpose of such changes is clear - to prevent the development of a low-quality alcohol market without a license, which often falls on store shelves and can be a danger to potential buyers. Also, such fines will make it possible to compensate for the losses for the state that it suffers daily due to attempts by various firms to circumvent the legislation or ignore it altogether. Considering what kind of a fine a businessman (or company) receives for selling alcohol without a license, he will once again think about whether or not to try to deceive the state, because acquiring a license is in any case a more profitable investment, which is guaranteed to eliminate the risk get a fine.

In fact, after the introduction of fines for the sale of alcohol in a cafe without a license (and not only in a cafe), the advantages in the circulation of unlicensed products will be excluded. No entrepreneur or legal entity wants to get administrative (or even criminal) responsibility, because this can seriously inhibit activities in the alcohol business. Moreover, the penalty itself is not so important. Selling alcohol in a cafe without a license may result in the organization being deprived of its license and banned from selling alcoholic beverages for three years. The amount of losses in this case will be more than the fine itself.

Conclusion

Now you know how much the fine for the sale of alcohol without a license will have to pay the state. However, it cannot be argued that the amounts will remain so for a long time. Recently, there has been a tendency to increase fines. Therefore, if you decide to sell this type of product without coordination with the state, then know that sooner or later you will have to answer for it, and the fine for selling alcohol without a license will not take long. That is why many sellers seek to obtain licenses and even pay money to specialized firms that help them in obtaining permits.