Street trading permit - step-by-step instructions

Business form

We decide on the form of conducting activities. You can become an individual entrepreneur (IP) or establish a trade organization that has the rights of a legal entity. For conducting activities, these forms have positive and negative sides. The package of documents required to obtain a trade permit depends on the chosen type of business.

Whether it is necessary to obtain additional documents largely depends on the choice of the form of activity and the range of goods. Thus, it is easier for individual entrepreneurs to maintain accounting records; they do not need to adhere to the procedure for conducting cash transactions; the entrepreneur has the right to keep all the proceeds. But you shouldn’t be too happy, since individual entrepreneurs are prohibited from trading in alcoholic beverages, and restrictions apply to them.

A legal entity is obliged to hand over proceeds from trading to a banking institution. The advantage is that a legal entity can obtain a trade permit to sell almost any product. The main thing is that the product is not prohibited for circulation in the country.

Who can do street trading?

As of 2020, only the following can engage in outdoor sales without violating laws:

• registered individual entrepreneurs (IP);
• all official legal entities (LEs).

Form of tax payment – ​​UTII, simplified tax system, PSN, to choose from. It is these applicants, if the necessary conditions are met, that will be approved for permission to organize street trading at the selected point or points.

This is what a permit (license) for street trading looks like

The exception is not for farmers who have an intermediate status between individual entrepreneurs and legal entities. To legally sell their products on the street, they will have to either change their status or enter into an agreement with suitable persons to sell their goods.

As for spontaneous markets, where pensioners and summer residents who clearly operate without individual entrepreneurs often trade without obstacles, their activities must be subject to private permits from local authorities. For example, city governors often officially organize special places for such categories of citizens, where it is enough to pay rent in order to safely sell their products without permits. But the legality of all such markets, by and large, is still questionable, especially for food products.

Package of documents

To obtain a trade permit (certificate of entry into the Trade Register), you must submit the following documents:

• legal entities provide constituent documents; Individual entrepreneur - extract from the Unified State Register of Legal Entities or certificate of registration of individual entrepreneur;
• certificate of registration with the Federal Tax Service;
• information about the manager and chief accountant, bank details (provided by legal entities);
• a lease agreement for the premises and documents on the ownership of the premises in which trading will take place;
• sanitary passport of the premises where trade will take place;
• conclusions of the State Supervision Authority and the Sanitary and Epidemiological Service;
• an agreement with a municipal or other waste removal service;
• list of products for trade.

It is important to know that obtaining a permit to trade certain types of products (for example, alcohol) is accompanied by the addition of a corresponding license to the specified list of documents.

Permission to organize a retail market

Another form of trading can be called the organization of a retail market, which is regulated by the law “On retail markets and on amendments to the Labor Code of the Russian Federation” dated December 30, 2006 No. 271-FZ. According to this regulatory act, you can obtain permission to organize a market by submitting an application that must indicate:

• The name of the legal entity, its address and the location of the facility where the market is planned to be located.
• Applicant's Taxpayer Identification Number.
• Type of organized market.

And the list of attached documents consists of the following items:

• Constituent documents.
• Extract from the Unified State Register of Legal Entities.
• A document confirming the existence of the right to the object where the market will be located.

If the proposed location of the market meets the market organization plan and the applicant has fulfilled all the requirements for completing and submitting the appropriate application, then he has every chance of obtaining a trading permit.

Obtaining a license

The Federal Law “On Licensing of Certain Types of Activities” provides for obtaining a license if an entrepreneur intends to sell printed products, scrap non-ferrous and ferrous metals, pharmaceutical and medical products, special technical means intended to obtain secret information, as well as ammunition.

The issue of obtaining a license to sell alcoholic beverages is relevant. To sell these types of goods, it is necessary to fulfill the conditions that will be discussed below. There will also be an answer to the question of whether you need to obtain a permit to sell beer.

Contents of the concept

The sphere of entrepreneurship aimed at selling goods and services to consumers, which is based on oral or written contracts , refers to the concept of retail trade.

In order to start trading activities, you need a retail trade license, which allows you to legally carry out this type of business.

Reference. A trade permit is a document that allows the provision of consumer services in a specific place or city. The license is issued by government agencies according to the rules established by law.

Before choosing a product or service, you should know what a trade license is needed for.

A license must be obtained to sell:

• cartridges, components or assembled weapons;
• equipment for military purposes;
• alcohol;
• tobacco products;
• psychotropic and pharmaceutical drugs and agents.

In addition, the document will be needed for the wholesale sale of food and non-food products.

The legislation, namely Article 12 of the Law “On Licensing of Certain Types of Activities”, clearly defines the list of business areas for which a special permit will be required.

Summarizing each type of activity, we can highlight the following:

1. Working with technical means designed to obtain classified information.
2. Carrying out certain types of foreign economic activity.
3. Sales of ferrous and non-ferrous metallurgy products.
4. Sale of printed products.

Obtaining a permit provides the opportunity to trade the goods specified in it and make a profit.

Beer trading: operating conditions

In accordance with the law, popularly nicknamed the “beer law,” neither trade organizations with the rights of a legal entity nor individual entrepreneurs are required to obtain a license to trade beer.

A permit to trade beer is subject to a number of conditions, including the following:

• a drink with an alcohol content of more than 5% can only be sold in stores;
• Beer trade is permitted through retail facilities with an area of ​​at least 50 square meters. m. in the city and 25 sq. m. - in the village (it is prohibited to sell beer through small retail outlets);
• ban on trading at night;
• Individual entrepreneurs also need to purchase and register a cash register to sell drinks.

Documentation

It is quite natural that you must have all the necessary documentation for the products you are selling, namely a certificate of conformity or a specialized declaration. Such documentation is mandatory to be issued either by the manufacturer or directly by the distributor of this product, if we are talking, of course, about the need for mandatory declaration or certification of products.

There is a fairly large list of papers that regulate the availability of certain documents for products, and changes are regularly made to the regulatory framework. If you wish, you can always get appropriate advice from Rospotrebnadzor employees, and in the vast majority you can get similar help from wholesale suppliers of products who sell you goods for sale.

Sales of food products

Do I need to obtain a permit to sell food? The Licensing Law establishes that a license to trade such goods is not required. But the Government Decree “On the notification procedure for starting certain types of business activities” obliges the entrepreneur to send a notification and a package of documents to the Rospotrebnadzor unit before starting work.

The conclusion of the sanitary and epidemiological service on compliance of activities with sanitary standards is mandatory. Trade in specific types of products also requires certificates and declarations of conformity, which must be provided by the product supplier.

What is required to sell food?

To obtain permission to sell food products on the road, no special licenses are required. However, the following conditions are mandatory:

1. A refrigerator should be provided for perishable foods.
2. It is necessary to provide methods for removing containers at the end of the working day in order to prevent their storage near the workplace.
3. Various items should be stored accordingly. If bread is included among them, it should only be sold industrially packaged.
4. It is allowed to sell hot food only from specialized thermal equipment.
5. Eggs are sold only at outdoor temperatures from +20 to 0 degrees Celsius.
6. All counters and containers must be washed at the end of the working day.
7. At a stationary street point there must be restrooms and a sink for sanitation.
8. You cannot sell products in Russia at temperatures above +26 degrees in summer and below -18 in winter, if this is a stationary point.
9. All food products must have appropriate certificates of origin and quality.
10. Dispensing of all products should be done only with special available means (tongs, spatulas, scoops).
11. Must have a permit from fire and sanitary inspections, establishing the safety of the outlet for the sale of food products.

It is the presence of all this that will allow you to legally rent a place on the street for selling food.

Street trading permit

In order to engage in street trading activities calmly and not have problems with the law, an entrepreneur needs to find out in advance what permitting documents he must obtain. First, let’s define what is considered street trading.

Selling goods in open areas, in specially adapted and designated places, is street trading. A permit to sell goods on the street is required, as is the case with other types of trade. The document is called “Permission to install a retail facility.”

To the package of documents provided to obtain a permit (mentioned above), a map, diagram or area plan of the location of the retail facility or point is added. Moreover, space for trading will be allocated only in permitted zones; you will not be able to trade according to your choice and desire. If it is planned that the sale of goods will be carried out by hired workers, then the individual entrepreneur must also register with the Pension Fund and the Social Insurance Fund. Upon approval of the application, the entrepreneur receives a passport of the object and permission to trade. The document is issued for a certain period.

Wholesale

This type of trade is associated with the purchase of large quantities of goods, most often for the purpose of resale. Based on functional differences, wholesale is divided into purchasing, distribution and production activities. The first is related to the purchase of raw materials for the subsequent production of a product. The second provides retail outlets with products. It involves the movement of goods from the manufacturer to the retailer through an intermediary - a wholesaler. The third is the purchase of tools, equipment, semi-finished products, bringing them to the final product and sale.

Outbound trade: terms of implementation

Would you rather trade in a mobile mobile store, otherwise known as a “car shop”? In this case, a trade permit is also necessary; it allows you to locate a mobile facility in places agreed upon with the local executive authority. To obtain permission, an application and the same package of documents are submitted as described above. Additionally, taking into account the nature of the trade, a vehicle passport and a technical examination at the Gas Inspectorate are provided (if the auto shop uses gas equipment). The validity period of the permit may vary depending on the trading period (spring-summer, New Year or school fairs).

Liability for unauthorized trade

Trying to sell on the street without the appropriate permit will not result in criminal liability, but may result in severe financial penalties.

The current penalty for recklessly choosing unauthorized street trading activities is:

1. From 500 to 3,000 rubles for individuals – for unauthorized trading on one’s own behalf without an individual entrepreneur or legal entity. Goods are confiscated before the fine is paid and are often lost.
2. From 1000 to 3000 rub. for individual entrepreneurs and from 10,000 to 30,000 rubles. for a legal entity – if caught in the act of selling illegal, unauthorized goods.
3. From 10,000 to 20,000 rub. – for bargaining on behalf of an individual entrepreneur/legal entity without permitting grounds.
4. From 500 to 2500 rub. – trading in a territory not specified in the permit.
5. From 500 to 2000 rub. – trading without a license in goods for which it is needed. If alcohol was sold without a license, the fine will be from 20 to 100 minimum wages.

Thus, the main thing you need to trade on the street and not be held accountable for it is to correctly determine the type of trade and have all the permits, opinions and certificates.

The organization of street sales is not exempt from paying the relevant taxes and submitting the required reports. If it is impossible to sort through this cycle of papers on your own, but you want to engage in a tempting street business, it is advisable to hire a specialist assistant. But you still have to bear the responsibility yourself.

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Permit to sell alcohol

Trade in alcoholic beverages is quite a profitable business; many people want to engage in it. The demand for this type of product never subsides. How to obtain a permit to sell alcohol?

First of all, if the business is related to import-export operations, a license is required to carry out legal activities. The rules for obtaining a license are quite complicated. Individual entrepreneurs, alas, cannot sell alcoholic beverages. Obtaining a license precedes the submission of a voluminous package of papers to the licensing authority. It includes all constituent documents, contact information of officials of a legal entity, permitting documents of government authorities and others.

The rules for trade in alcoholic beverages are the same as those governing trade in beer. It is possible to sell alcoholic beverages only in stationary facilities; for example, drive-thrus are not suitable for this purpose. The sale of alcohol is not allowed in medical, educational and children's institutions; it is prohibited to sell alcohol to minors, in transport, in markets, train stations and airports.

Trade license: types, how to obtain, documents

Types of trade licenses How to get a license? Documents Responsibility for trading without a license

From a legal point of view, a license is not needed to carry out trade as such. Certain types of activities specified in the Federal Law “On Licensing of Certain Types of Activities” dated May 4, 2011 No. 99-FZ are subject to licensing. For example, a permit is needed for the sale of military equipment, weapons, ammunition, drugs containing narcotic substances and other medications in pharmacies, alcohol, etc. The list is presented in Art. 12 of Law No. 99-FZ.

To trade in Russia, you need to obtain a permit, which in everyday life has become synonymous with a license. For many, these concepts are equivalent. We will discuss the trade license in our article.

Types of trade licenses

Law No. 99-FZ requires obtaining licenses when selling:

protected forms of strict reporting, weapons and their main parts, ammunition. If a gun store also sells ammunition, it needs two licenses, pharmaceutical products, drugs, psychotropic drugs. If a pharmacy sells narcotic and psychotropic drugs, two licenses are required.

Licensing in the sphere of alcohol trade is regulated by the Federal Law “On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products” dated November 22, 1995 No. 171-FZ. Wholesale and retail trade require different licenses.

These are just the most common types of licenses in trade.

If you want to engage in trade, then you first need to register the status of an individual entrepreneur or legal entity, fulfill the legal requirements established for your field of activity, after which you can contact the licensing authority.

How to get a license?

To obtain a trade permit, you must follow the following procedure:

submit an application to the licensing authority, contact local authorities for permission to place a retail facility, obtain a conclusion from the SES and the fire department of the Ministry of Emergency Situations of the Russian Federation that your facility meets the requirements and does not pose a danger to customers and staff, if you are going to provide services for who require a license, you should apply for this document to the appropriate authority.

Which department issues permits in the trade sector depends on the type of activity.

Documentation

An application in the prescribed form is submitted to the licensing authority. The form can be obtained directly from the department’s management or downloaded from its official website.

You can fill out the application by hand or on the computer. Errors in the text are not allowed; the signature is affixed personally by the entrepreneur, the responsible representative of the company, or a representative based on a power of attorney.

You can delegate most of the work involved in obtaining a permit to a representative; usually, a lawyer is hired for this purpose.

The application contains a lot of identification information, the type of activity and a note about the need for licensing. After reviewing the application, you will be entered into the register, but the permitting process will not end there.

You will also need to obtain permission to locate your retail establishment from your local authority. If the previous part of the work assigned the type of activity to you, now you are registering the place of its implementation. You will have to confirm the right to use the object. Confirmation is a certificate of ownership or a lease agreement.

To ensure the safety of a retail facility for its employees and customers, it is necessary to obtain confirmatory conclusions from the SES and fire department. Please note that the requirements of these organizations are quite strict. If the facility is not prepared, then complying with the instructions of epidemiologists and firefighters may take a long time and require the investment of significant funds.

To obtain conclusions, you must submit applications to both organizations. Their specialists will arrive on site and either immediately give an opinion or issue an order to eliminate the deficiencies. In the second case, you will receive the document after meeting all the requirements.

Having received all the necessary documents, you need to make copies of them and place them in a conspicuous place in the buyer’s corner of the retail space. In addition to copies of documents, there should be a complaint book, laws on the protection of consumer rights and sanitary and epidemiological welfare of the population, the Code of Administrative Offenses of the Russian Federation, an evacuation plan and emergency phone numbers.

If you are planning to engage in street trading, then the task is somewhat simplified. The list of requirements for its implementation may differ in different regions, so it is worth checking the terms of trade with local authorities.

For wholesale trade

Let's consider the procedure for obtaining wholesale and retail licenses using the example of alcoholic products. In both cases, the organization selling alcohol must be connected to the Unified State Automated Information System. Trade in alcoholic beverages without this system will result in a fine of 150 to 200 thousand rubles.

Licenses for the sale of alcohol are issued by Rosalkogolregulirovanie. This is where you should go regardless of whether you plan to trade wholesale or retail. In both cases, the applicant can only be a legal entity.

The following package of documents is required:

an application containing all the details of the company. If there are several points of sale, it is possible to obtain a single license for all, copies of constituent documents (necessarily certified by a notary), OGRN and TIN certificates, an extract from the register of legal entities, bank account details, a certificate stating that the company has no debts on taxes and fees, receipt of payment of the state fee for the license, documents confirming the availability of premises - a certificate of ownership or a long-term lease agreement, documents confirming the compliance of the premises with the requirements for the sale of alcohol, conclusions of the SES and fire department on the suitability of the premises, if necessary, you must present copies of certificates of conformity of equipment, documents , confirming the fact of payment of the authorized capital. From 10 thousand rubles for companies selling alcohol with a strength of up to 15% and from 300 thousand rubles for selling stronger alcohol.

Up to this point, with both implementation options (wholesale and retail), everything goes the same way. The difference is manifested in the amount of state duty. For the wholesale trade of strong alcohol, you need to pay 9.5 million rubles for a license for 5 years, for alcohol with a strength of less than 15% - 800 thousand rubles.

For retail

You need to act similarly when obtaining a retail license to sell alcohol. The state fee for a license is 65 thousand rubles. It is issued for a year. You can get a license for 5 years for 325 thousand rubles.

Responsibility for trading without a license

For selling alcohol without a license, company officials will pay a fine of up to 500 thousand rubles, individuals - from 30 to 50 thousand, individual entrepreneurs - from 100 to 200 thousand rubles.

There is liability for trade that does not require licensing without permission. It can be either administrative under Art. 14.1 Code of Administrative Offenses of the Russian Federation and Art. 116 of the Tax Code of the Russian Federation, and criminal under Art. 171 of the Criminal Code of the Russian Federation. Administrative liability is limited to a fine, and in some cases to confiscation of goods. According to the Criminal Code of the Russian Federation, in addition to a fine, more serious consequences may occur, such as community service and arrest.

Illegal trade can lead to a fine of 500 to 2000 rubles (Article 14.1 of the Code of Administrative Offenses of the Russian Federation), a fine of 10% of income, but not less than 40 thousand rubles (Article 116 of the Tax Code of the Russian Federation), a fine of up to 300 thousand rubles or compulsory work up to 480 hours, as well as arrest for six months (Article 171 of the Criminal Code of the Russian Federation).

Retail trade: conditions

Retail trade aims to sell goods to end consumers for their personal needs.

A retail trade permit is a notification document. An application for notification of the start of work is submitted to Rospotrebnadzor. The remaining documents are presented to the regulatory authorities depending on the type of products sold. To start activities, registration as an individual entrepreneur or legal entity is required.

So, obtaining a trade permit and starting trading activities is accompanied by the collection of more than one document and passing through more than one authority. You also need to remember that trading is not always possible without a cash register. But don’t let the difficulties scare you if you decide to do your own thing. Successful business!

Business plan

Trading from a truck shop represents a specific path for a businessman, different from other types of entrepreneurship. It is necessary to think through a step-by-step plan for opening a point.

Necessary:

• Decide what products you will sell. The most common are:

1. Bakery products.
2. Dairy and cheese products.
3. Fruits, vegetables, herbs.
4. Semi-finished meat products.
5. Household chemicals.
6. Poultry meat.
7. Fast food.
8. Grocery.
9. Egg.
10. Cold drinks.
11. Children's and adult clothing.

Remember! The sale of alcoholic beverages, beer and tobacco products without a proper license is strictly prohibited!

• Go to the local administration, the department of trade and entrepreneurship. Consult with officials and find out the most profitable direction.
• Register as an individual entrepreneur with the tax office or MFC. You need to pay a state fee, write an application, select an activity code, and indicate OKVED. Numbers 12, 33, 62, 63 allow retail trade in non-specialized stores.
• After five calendar days, indicate in which area of ​​taxation you will work. Usually they choose UTII. Make the calculation carefully; it may be more convenient to purchase a patent. If you plan to operate in warm weather, buy and pay tax for six months. In this mode, reporting is not required.
• Obtain permission from the administration to sell from a vending machine.
• A certificate confirming the safety of trade is issued by the machine manufacturer. You must carry it with the rest of the relevant papers at all times.
• If you decide to sell food, you must purchase a health certificate (from the SES) and undergo the necessary medical examination.
• When you have collected all the required documents, notify the Rospotrebnadzor office about your activities. For the first three years you will not be checked, work calmly! There is no need to buy a cash register; it is not required.
• Find a storage area that meets fire safety requirements.
• What other documents are needed to trade from a car shop in your area, ask your local administration.

After 10 working calendar days, a notification will be sent to your name about permission or refusal to open a point on the street.