Trade in alcoholic beverages can only be carried out if the enterprise has the appropriate license. This applies to both legal entities and individual entrepreneurs. The team at the Prikhodko&Partners law office regularly faces clients’ requests for licensing. Therefore, we have good experience in this matter and can help you effectively. In the meantime, we propose to consider in more detail the topic of obtaining a license to sell alcoholic beverages.
To obtain a license, you need to write a corresponding application to the main department of the State Tax Service where the enterprise trades. The application contains the following information:
- the address at which trade will be carried out;
- type of economic activity;
- list of RPO and corresponding accounting books.
When it comes to RPO, here you need to provide detailed information regarding the model, manufacturer, serial number, and date of manufacture. Sometimes clients have questions about where to submit an application if they plan to sell alcoholic beverages on a train or ship. Here, too, legislators have made everything clear. The application is submitted at the place of registration of the vessel or the formation of the train.
The following list of documents must be added to the application:
- an extract from the Unified State Register, which confirms the fact of conducting business activities;
- a document confirming ownership of the premises where alcohol will be sold in accordance with the future license (if you are renting the premises, this must be a lease agreement);
- certificate from the State Tax Service about the cash register;
- document confirming payment of official payment;
- a document certifying the authority of your legal representative, if you are acting through him.
Care should be taken that all this documentation is present so that the procedure is not delayed or takes up unnecessary time.
What is the validity period of the license and can it be refused?
A license for retail trade in alcoholic beverages is valid for 1 year. Its cost is paid in equal installments quarterly. The calculation is made in accordance with the norms of the current Budget Code. The money that the enterprise pays for the license goes to the local budget at the place of trade.
As for refusal to issue a license, the basis is failure to pay the appropriate fee. If you were refused for unfounded reasons, you can appeal this decision both to the State Tax Service and to the court. These cases are under the jurisdiction of the District Administrative Court.
What is the responsibility for selling alcohol without a license?
If an entrepreneur sells alcoholic beverages without appropriate licensing, he faces a fine of 200% of the cost of the received batch, but not less than 17 thousand hryvnia. Thus, the legislation in this matter is quite clear and severe, so you should not subject yourself to significant penalties.
Compare the size of the fine with the cost of the license itself. It is 8 thousand hryvnia for 1 cash register, and in villages and towns it is 500 hryvnia. So, if you compare these amounts, it becomes obvious that a much more rational solution would be to immediately do everything according to the law.
What else is worth knowing about selling alcohol?
Enterprises selling alcohol must do so in properly equipped premises, which meet several categories of requirements:
- sanitary and technical;
- sanitary and hygienic;
- fire protection;
- other safety standards.
It is also important to understand that the suppliers of alcoholic beverages intended for sale must be reliable. Therefore, it is prohibited to accept this product from entities that do not have licensing documentation for production, wholesale trade or import.
Why should you use legal help?
Legal aspects of doing business are something that often distracts an entrepreneur or company from concentrating on the immediate operational tasks of its activities. Therefore, you should use the help of qualified lawyers who, on your behalf, can perform a representative function and take care of obtaining all the necessary documentation when interacting with the State Tax Service. These are the professionals in the team of the law firm Prikhodko&Partners. Our key specialization includes support in obtaining licenses. So, by contacting us, you get the opportunity to significantly simplify your life.
If you are just thinking about the advisability of such a type of business activity as the sale of alcoholic beverages, you can contact us for advice in order to carefully weigh the pros and cons specifically in your case. We provide consultations not only in person, but also remotely. Therefore, you can communicate with us in a way convenient for you if, for example, you are in another city or country.