Is a permit required for the construction of a non-stationary retail facility? Placement of non-stationary retail facilities

Placement of non-stationary retail facilities
Small business owners often use non-stationary retail facilities. Such retail facilities mean mobile retail structures that are temporarily located on a specific plot of land without being attached to it. Typically they are not connected to utility networks. AT first glance, it may seem that the design and placement of such an object is not difficult. But in practice, everything turns out to be much more difficult, since there are now strict requirements for obtaining permission for this type of trade. It is especially difficult to obtain permission to place an object in a building or on a plot of land owned by the state. A non-stationary retail facility must be included in the layout plan. It is developed by the city authorities for a certain period of time, and after its expiration is subject to re-examination.
The placement of non-stationary retail facilities is carried out in accordance with the Federal Law of December 28, 2009 No. 381 - Federal Law “On the Fundamentals of Regulation trading activities V Russian Federation". If an NTO is planned to be located on a plot of land owned by a private individual, then the procedure for its placement and operation is agreed upon with the owner of the stationary facility on whose territory the NTO’s activities are planned.
In the case of placing a non-stationary retail facility on land plots, in premises located in municipal or state property, the process must be carried out according to the layout scheme, in order to most rationally provide residents with retail space and sustainable development cities.
Problems for a businessman arise precisely in the second case, so he will have to go through two stages of registering an NTO.
The first stage of registration is that the NTO is included in the placement scheme. Local authorities are responsible for its creation. We list what documents are required for inclusion in this scheme:
- For legal entities– charter, certificate of state registration
- for individual entrepreneurs - a certificate of state registration of the person as an individual entrepreneur
- certificate of registration with the tax office, as well as a certificate of issuance of a TIN
- a project describing a non-stationary retail facility
If your NTO is included in the location scheme, then the second stage is obtaining permits, which specify the service life of the facility, as well as other individual conditions.
The main question that arises in the process of obtaining permission is who should raise the issue of including NTOs in the placement scheme. The reason for this is the lack of an answer to this question in the legislation, as well as the lack of judicial precedents. City authorities claim that the inclusion of NTOs in the placement scheme is only their prerogative and the owners have nothing to do with this issue. This goes against the state policy of promoting small and medium-sized businesses, as it does not provide favorable conditions for their activities and does not facilitate the sale of goods and services. That is, the state takes care of small and medium-sized businesses without taking into account their opinions.
Another problem for the owner of an NTO is the lack of confidence in the future, or more precisely, in the fact that after revising the placement scheme, he will be able to continue to carry out his activities in the same place, since they do not have the right of priority placement for a new term.
The legislation does not oblige the authorities to include existing NTOs in the schemes, but only guarantees them the right to conduct activities until the expiration of the period for providing land for their location.
If you do manage to place a retail outlet, then it must meet certain requirements and standards. Firstly, all goods and services sold must be of appropriate quality.
At a small retail trade facility there should be a sign with the company name, location ( legal address), as well as work schedule.
NTOs must meet fire, sanitary, environmental and other standards. Also, the owner of the NTO must provide appropriate working conditions for employees.
If the activities of the NTO are completed upon expiration of the permit for the placement of the NTO, the dismantling and removal of equipment is carried out by the entrepreneur at his expense.
To summarize, we can say that the authorities should establish a clear procedure for obtaining permission to locate a retail outlet and guarantee the entrepreneur the fact of obtaining permission after the current one expires.

ADMINISTRATION OF THE MOSCOW REGION

RESOLUTION

ABOUT THE PROCEDURE FOR LOCATION OF NON-STATIONARY SEASONAL TRADE FACILITIES

Lost force on the basis of the resolution of the administration of the Naro-Fominsk municipal district of the Moscow Region dated July 25, 2017 N 2347.
____________________________________________________________________

Guided by the Federal Law of October 6, 2003 N 131-FZ "On the General Principles of the Organization of Local Self-Government in the Russian Federation", Federal Law of December 28, 2009 N 381-FZ "On the Fundamentals of State Regulation of Trade Activities in the Russian Federation", in order to ensure the settlements of Naro -Fominsk Municipal District in the services of non-stationary seasonal trade, guided by the Charter of the Naro-Fominsk Municipal District, I decree:

1. Approve the Regulations on the procedure for non-stationary objects of the Naro-Fominsk municipal district (attached).

2. Post this resolution on the official website of the administration of the Naro-Fominsk municipal district on the Internet and publish it in the socio-political newspaper "Osnova".

3. Control over the implementation of this resolution is entrusted to the first deputy administration of the Naro-Fominsk municipal district Shamne R.L.

Administration Manager
Naro-Fominsk municipal district
M.A. Breus

REGULATIONS ON THE PROCEDURE FOR LOCATION AND ORGANIZATION OF OPERATION OF NON-STATIONARY SEASONAL TRADE FACILITIES ON THE TERRITORY OF NARO-FOMINSK MUNICIPAL DISTRICT

Approved
by administrative decree
Naro-Fominsk municipal district
Moscow region
dated April 25, 2016 N 787

1. General Provisions

1.1. This Regulation on the procedure for the placement and organization of operation of non-stationary seasonal trade facilities on the territory of the Naro-Fominsk municipal district (hereinafter referred to as the procedure) establishes the procedure for the placement and operation of non-stationary seasonal trade facilities (hereinafter referred to as seasonal trade facilities) on the territory of the Naro-Fominsk municipal district, as well as requirements for legal entities and individual entrepreneurs engaged in the placement, arrangement and operation of seasonal trade facilities.

1.2. For the purposes of this procedure, the following concepts are used:

Scheme - a scheme for the placement of non-stationary retail facilities on the territory of the Naro-Fominsk municipal district, approved by a resolution of the administration of the Naro-Fominsk municipal district, in the manner established by the resolution of the administration of the Naro-Fominsk municipal district dated April 13, 2015 N 447;

Applicant - a legal entity or individual entrepreneur who has applied for the placement of seasonal trade facilities;

Permit - permission to locate a seasonal trade facility, issued by the administration of the Naro-Fominsk municipal district in the manner established by this procedure (Appendix No. 2);

Permit holder - a legal entity or individual entrepreneur who has received permission to locate a seasonal trade facility;

Objects of seasonal trade - objects based on vehicles; easily erected prefabricated structures, equipped with a counter, on the area of ​​which inventory is placed (tankers, sales tent, melon stand, Christmas tree market);

A tanker truck is a non-stationary mobile trading facility, which is an isothermal container installed on the base of a vehicle or trailer (semi-trailer), intended for the distribution trade of liquid goods in bulk - kvass, milk.

A sales tent is a non-stationary retail facility, which is an easily erected prefabricated structure equipped with a counter, forming an internal space not enclosed by the counter, intended to accommodate one or more workplaces for sellers and inventory for one day of trading, for the sale of exclusively seasonal goods (fruits and vegetables and potatoes);

Melon spread is a non-stationary retail facility, which is a specially equipped temporary structure in the form of a separate open area or an established sales tent, intended for the sale of seasonal melons;

The Christmas tree bazaar is a non-stationary trading facility, which is a specially equipped temporary structure in the form of a separate open area for the New Year (Christmas) sale of natural coniferous trees and coniferous tree branches.

1.3. Seasonal trade facilities are located only in places included in the scheme.

1.4. Seasonal trade facilities are located on the territory of the Naro-Fominsk municipal district on the basis of a permit.

2. Basic requirements for seasonal trade facilities

2.1. The placement of seasonal trade facilities and their technical equipment must comply with fire, sanitary, sanitary and epidemiological, architectural norms and rules, rules for landscaping and maintenance of the territory.

2.2. The placement of seasonal trade facilities and their technical equipment must provide the seller (legal entity, individual entrepreneur) with the opportunity to comply with working conditions and personal hygiene rules for its employees.

2.3. The area of ​​a non-stationary retail facility cannot be more than 8 square meters. m.

2.4. The placement of objects for seasonal trade in fruits and vegetables and potatoes, melons, and kvass is carried out in the spring and summer (from May 1 to October 31). Depending on actual weather conditions and in accordance with temperature conditions The terms of seasonal trade for these types of products can be reduced or extended accordingly.

2.5. When carrying out trade, the retailer must have in stock:

Permission to place a seasonal trade facility;

Quality certificates or declarations of conformity confirming the quality and safety of products (for products included in Unified list products subject to mandatory certification, or the Unified List of products, confirmation of conformity of which is carried out in the form of a declaration of conformity);

Trade and technological equipment in technically sound condition;

Medical records, employment contracts.

Additionally, when selling coniferous trees, sellers carrying out trade must have in stock:

Agreements with an organization that has the right to harvest and cut down coniferous trees, or documents confirming the legal acquisition of coniferous trees;

Invoices confirming the source of receipt of goods;

A quarantine certificate issued in accordance with the procedure established by the legislation of the Russian Federation by the state supervisory authority, certifying the compliance of regulated products with the requirements of the rules and regulations for ensuring plant quarantine.

2.6. At the place of retail trade, information for consumers must be posted about the operating hours, the organizational and legal form of the seller, telephone numbers of regulatory authorities, and the seller must have a badge indicating the full name, name of a legal entity or individual entrepreneur. Samples of all food and non-food products on sale must be provided with uniform and clearly written price tags indicating the surname and initials of the individual entrepreneur or the name of the legal entity, the name of the product, its grade, the price per unit of measurement of the product, signatures responsible person or the seal of a legal entity or individual entrepreneur, the date of registration of the price tag.

3. The procedure for issuing permits for the placement of seasonal trade facilities

3.1. Permits are issued by the administration of the Naro-Fominsk municipal district. The permit is issued on the basis of an application from a person interested in placing a seasonal trade facility, in the form in accordance with Appendix No. 1 to this procedure.

The permit is issued free of charge.

The permit expires upon expiration of the period for which it was issued. The maximum validity period of the permit is 90 calendar days.

3.2. If several applications are received for one placement, a permit is issued to the person whose application was received first.

3.3. Information about issued permits is entered into the register.

3.4. The application processing period is 10 working days.

3.5. The administration of the Naro-Fominsk municipal district refuses to issue a permit in the following cases:

The application was not submitted in the form approved by this procedure, does not contain the necessary information and (or) the information is not reliable;

The location of seasonal trade facilities indicated in the application is not provided for by the scheme.

3.6. Places for placing seasonal trade facilities are provided to legal entities and individual entrepreneurs registered in the manner prescribed by the legislation of the Russian Federation.

3.7. Trade in the places specified in the permit is carried out exclusively by persons specified in the permit. Transferring the permit to other legal entities and individual entrepreneurs is not permitted.

3.8. The permit is canceled in the event of repeated (two or more times) bringing a trade entity to administrative responsibility for violating the rules of trade, improvement and sanitary maintenance of the place of trade and the adjacent territory established by the current legislation of the Russian Federation, the Moscow region, and regulations of the Naro-Fominsk municipal district , as well as for non-compliance with the requirements for appearance specified in the permit. Notice of cancellation of the permit (Appendix No. 3) is sent to the owner of the seasonal trade facility within 3 working days from the date of the decision to cancel the permit. The owner is obliged to vacate and improve the accommodation within 5 working days from the date of receipt of the notification or after 10 calendar days after sending the notification.

4. Final provisions

4.1. Unauthorized installations of seasonal trade facilities are subject to dismantling by the owner. In this case, the road surface and landscaping elements disturbed during the installation of a seasonal trade facility must be restored in the form in which they existed before the installation of the seasonal trade facility, by the efforts and means of the person who carried out the unauthorized installation of the seasonal trade facility.

4.2. Upon expiration of the permit, the owners of seasonal trade facilities are required to dismantle them (disassemble, demolish), vacate and improve the location of the seasonal trade facility.

Appendix No. 1. STATEMENT

Appendix No. 1
to the Regulations on Procedure
placement and organization of work
non-stationary objects
seasonal trade in the territory
Naro-Fominsk municipal district

To the administration of Naro-Fominsk

municipal district

from ____________________________

STATEMENT

I request permission to establish a non-stationary seasonal trade facility at

address: ___________________________________________________________________

for trade in seasonal products __________________________________________

(list of product range)

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

Operating period: from "______" __________ 20___ to "______" _____________ 20____

Opening hours: from __________________ to _____________________

Information about the applicant: _____________________________________________________

___________________________________________________________________________

(name of organization or surname and initials

individual entrepreneur)

___________________________________________________________________________

(address, place of registration)

___________________________________________________________________________

(N and date of registration certificate, issued by)

___________________________________________________________________________

___________________________________________________________________________

Appendix: Sketch of a non-stationary object of seasonal trade (in color in

3D format) on ________ sheets.

Signature

Appendix N 2. PERMISSION N for the right to locate a non-stationary seasonal trade facility

Appendix No. 2
to the Regulations on Procedure
placement and organization of work
non-stationary objects
seasonal trade in the territory
Naro-Fominsk municipal district

This certificate was issued: _________________________________________________

(full name of the legal entity,

FULL NAME., individual, individual

entrepreneur)

___________________________________________________________________________

___________________________________________________________________________

(address of location of the legal entity, registration of permanent place

residence of an individual, individual entrepreneur)

___________________________________________________________________________

___________________________________________________________________________

(top seasonal property indicating the type of activity)

___________________________________________________________________________

by the address: ________________________________________________________________

Working days: ________________________________________________________________

Opening hours: ______________________________________________________________

Validity period of the certificate: from "______" __________________ 20__

by "______" __________________ 20__

For appearance requirements, see overleaf

Job title

authorized person (signature) (full name)

Appendix No. 3. Notice of cancellation of permission to locate a non-stationary seasonal trade facility

Appendix No. 3
to the Regulations on Procedure
placement and organization of work
non-stationary objects
seasonal trade in the territory
Naro-Fominsk municipal district

Form of the administration of the Naro-Fominsk municipal district

__________________________
(name of company,

FULL NAME. manager, individual entrepreneur)

Notice of cancellation of permission to locate a non-stationary seasonal trade facility

Hereby the administration of the Naro-Fominsk municipal district

notifies about the cancellation of permission to place a non-stationary

seasonal trade object No. _____, issued by the administration of Naro-Fominsk

municipal district "_____" ___________ 2016, regarding placement

non-stationary object of seasonal trade according to address references:

___________________________________________________________________________

for a period until "_______"___________ 2016, in connection with identified violations

__________________________________________________________________________.

According to clause 3.8 of the Regulations on the procedure for placement and organization

operation of non-stationary seasonal trade facilities on the territory

Naro-Fominsk Municipal District you are obliged to release and

improve the location within 5 working days from receipt

notifications.

_______________________________ ________________ __________________________

(job title (signature) (full name)

authorized person)

The sphere of small retail trade is one of the most complex in the market segment in terms of legal and technical regulation. This is due to the fact that this type entrepreneurial activity initially targeted at a wide class of stakeholders. At the same time, the means of ensuring small trade may be different. Most in an accessible way the sale of goods in terms of financial costs is a non-stationary retail facility. This can be a tray, tent, kiosk or other structure through which trade is carried out.

What is a non-stationary object for trade?

The non-stationary position of an object provides for the possibility of its movement, but this does not always apply to the structures with the help of which trading operations. That is, there is a theoretical possibility of moving an object, but it may not be used for years. In other words, a non-stationary retail facility is real estate that represents a platform for the retail sale of goods. In particular, these can be stalls, kiosks, trays, boxes and other objects. From a technical point of view, the non-stationary nature of such structures is due to the lack of a foundation.

A stationary structure certainly has a strong connection to the ground. In turn, a non-stationary object may have a connection to communications, but its installation does not provide for the formation of the same concrete base for fastening. However, retail trade through non-stationary objects can also be based on the principles of delivery and pedestal sales. That is, in this case the object is also characterized by mobility. Now it’s worth taking a closer look at the types of trade objects.

Types of non-stationary trade objects

The group of non-stationary retail objects is quite diverse and includes a wide range of different structures and structures. Thus, there are three basic classes of such objects: traditional non-permanent structures, mobile devices and devices through which trade is carried out by hand. In the case of non-capital objects, we can talk about the most common methods of trading through kiosks, vending machines, stalls, etc. These are structures that, although they do not have a foundation, require reliable installation. A mobile non-stationary retail facility includes mobile shops, all kinds of shops on wheels and van sales trays. Also, small retail trade from hand is sometimes included in the group of non-stationary objects, but it can be carried out without any auxiliary structural means at all. In addition, there is a classification based on the nature of the seasonal operation of retail facilities. The division on this basis is especially pronounced in the case of stalls and kiosks, which can be removed during the off-season and displayed during the most active sales periods. For example, melon stands and street cafes are popular in the summer, and newsstands can be considered year-round facilities.

Legal registration of the object

For the placement and layout of retail facilities, it is necessary to prepare the appropriate documents for registering a point of sale. But before this, it is necessary to provide for the technical capabilities of ensuring the safety of the target location, as well as its compliance with sanitary and environmental standards. Already during operation, the owner will have to regularly confirm the right to place non-stationary retail facilities with the following documents:

• License for trading activities.
• Permission to install a non-stationary object.
• Documentation indicating the sources of origin of the goods sold. Quality certificates, sanitary certificates, as well as certificates with veterinary conclusions for the products must also be provided here.
• A copy of the agreement on waste removal and water supply. This is required in case it is not possible to connect to the central water supply line. In addition, a schedule is provided for disinfection work within the local infrastructure that supplies drinking water.
• Document confirming Such equipment is not always required, but only in cases where kiosks or trays are included in complexes shopping centers, shops, etc.
• Agreement for the disposal of environmentally harmful products and removal of household waste.

Requirements for stationary retail facilities to be placed

Anyone wishing to organize this type of activity must provide as much information as possible about the planned characteristics of the object in the application. As a rule, retail trade involves the provision of services in the form of sales of household goods and products. After obtaining permission, the owner of the outlet must also adhere to the legislation regarding the regulation of small retail trade. Not only is the placement of non-stationary retail facilities carried out while maintaining safety standards, but the product itself must also meet special requirements. In particular, this applies to sanitary standards. In addition, a kiosk, stall or other retail facility must have a sign indicating its operating hours. The point also provides fire safety equipment, personal hygiene for operating personnel and conditions for meeting household needs.

Regulations on the location of a trade facility

To begin with, it should be noted the difference between objects that are installed as independent retail outlets, and structures operating as part of festive events, fairs, exhibitions, etc. In the second case, special rules are provided for, which are approved by the local administration depending on the format of the event. In other cases, placement is planned taking into account the supply of consumer market enterprises to the local population. Besides, general provisions on the placement of non-stationary retail facilities require that locations be selected on sites and in buildings that are in municipal ownership. The conclusion of contracts for the placement of retail facilities is carried out in accordance with the established procedure specifically for non-stationary structures.

The lease agreement usually lasts no more than a year. At the same time, the current tenant will have a privileged right to further use of the rented plot or premises. It is also important to take into account that a non-stationary retail facility is property that is intended for carrying out business activities. Therefore, special fines are provided for violations in the organization of accommodation. For example, installing a kiosk without a contract is considered unauthorized, and the owner of this facility should be held accountable.

Object placement diagram

Installation of retail facilities on sites and premises that are in city ownership can only be carried out in accordance with a previously drawn up diagram. The development of this document is carried out taking into account two goals, which are expressed in stimulating the sustainable development of the local territory and meeting the needs of the local population for retail goods. The scheme is approved by the local government body, also guided by the charter municipality. The document may provide for the placement of about 60% percent of objects of this type of trade, which will subsequently be used for small or medium-sized businesses. Since a non-stationary retail facility is, as a rule, private property, it is often located on its own territory. That is, the owner of a commercial area can place a tent or kiosk within his stationary shopping complex or within the boundaries of the land plot.

Conducting an auction for the right to place

If we are talking about municipal areas, then the decision about who will receive the right to lease a particular territory can be made based on the results of the auction. To do this, the city administration issues a corresponding resolution and formulates the subject of the event. A committee can also act as an organizer. The Regulations on non-stationary trading facilities indicate who will directly regulate the auction. Typically, this capacity is served by a special commission whose functions include the following:

• Determination of the so-called auction step, that is, the amount of cost increase ranging from 1 to 5% of the starting price.
• The schedule for accepting applications, as well as the timing and place of summarizing the results of the auction.
• Reviewing applications and making a decision regarding recognizing one of the participants as the winner.
• Maintaining auction minutes.

The results of the auction are published in the media or online publications 30 days after the end of the event. The protocol may indicate the rental price, address, area parameters, and in some cases also describe the procedure for placing non-stationary retail facilities or special requirements for the operation of the contract territory.

Contract for placement of the object

Three days after the announcement of the auction winner, an agreement is drawn up and the owner of the right to place a non-stationary trade object can begin organizing his activities. At the same time, the installation of the object requires compliance with all the requirements that were indicated in the layout diagram and were noted in the auction protocol. After the document expires, the owner must restore the territory he occupied. This must be completed within 10 days. The entrepreneur must inform the consumer market committee about all actions on the rented site from installation to dismantling of the structure. Information about the duration of activities on the territory and the possibility of its early termination should be contained in the agreement for the placement of a non-stationary retail facility, as well as clauses on the extension of the document.

In what cases is the contract terminated early?

Termination through the exercise of the right to place an object can be accepted in several cases. For example, if the owner ceases trading activities. Also, termination of the contract may be associated with a decision of the judicial authorities, which exercise the functions of control and supervision. The local government body also has the right to act as the initiator of termination of the agreement. In particular, this may be due to the need to reconstruct local infrastructure. However, the procedure for placing non-stationary retail facilities initially provides for the conclusion of an agreement based on the requirements of the urban infrastructure arrangement scheme, so such work rarely becomes a factor in the cessation of business activity in the area allocated for this.

There may be other reasons for premature termination of the contract. Thus, violation by the owner of a retail facility of certain points in the document may well become a reason for its early termination. This could be the transfer of rights to operate the area to third parties, the implementation of other activities in relation to the declared one, etc. Then, within 5 days, all non-stationary retail facilities must be removed from the territory. The resolution also prescribes that the decision on early termination of the contract in the event of violations by the owner of the retail facility must be made by the auction organizer.

Conclusion

The location of sales facilities in the city is of great importance. On the one hand, small retail sales points make it possible to ensure the supply of the local population with necessary goods, but on the other hand, they undoubtedly change the external But not only these aspects guide the developers of infrastructure diagrams on which the places of sale of goods are marked. As a rule, the provision of non-stationary retail facilities is carried out with an eye to future architectural development. Making adjustments to the urban development plan, by the way, may become grounds for early termination of the contract. The change in the appearance of the city as a result of the placement of retail outlets is also taken into account. The fact is that non-stationary objects are not always distinguished by their aesthetic appeal, which also becomes a factor in the decision to place a particular tent, kiosk or group of seasonal pavilions.

Trade permitimplies that the activities for the sale of goods are coordinated with government authorities. But obtaining this permission is not always necessary. When is it needed and where to go for it - that’s what the article will discuss.

Notice of commencement of activity

To start your own business in trade, it is not always necessary to obtain permission to trade from the state. Only certain types of activities are subject to licensing, and they are specified in the law. But in some cases it is still necessary to notify the relevant government agency about your opening. This requirement is set forth in the law “On the Protection of the Rights of Legal Entities and individual entrepreneurs in the exercise of state control (supervision) and municipal supervision" dated December 26, 2008 No. 294-FZ.

This regulatory act contains a list of types of activities to which the notification procedure in trade applies. But there is also a decree of the Government of the Russian Federation “On the notification procedure for the start of certain types of business activities” dated July 16, 2009 No. 584, where the list of types of activities is specified in more detail. In the end it looks like this:

Persons who decide to conduct one of these types of activities do not need to obtain a trade permit, but simply notify the relevant government agency.

Procedure for submitting notification

The procedure by which a notification is submitted to the authorized body is recorded in Decree of the Government of the Russian Federation No. 584. According to it, the applicant needs to provide 2 completed copies of the notification to the authorized body. Such a body in Moscow is the city district government or the prefecture of the administrative district, it all depends on where the applicant is registered. The form of notification is given in the same resolution.

The notice can be submitted in person, by mail or via the Internet in the form electronic document.

Two copies are submitted in order to immediately return one to the applicant with a mark of delivery. When submitting an electronic document, the applicant is sent confirmation of delivery also in electronic form.

The notification itself contains the following information:

• name of the legal entity or full name of the entrepreneur;
• OGRN;
• legal address and actual address of the trading facility;
• type of activity and list of works and services within a separate type of activity.

Please note: you do not need to attach any documents to the notification. This procedure is much easier than obtaining a trade permit.

All information from the notification serves to form the Trade Register, which is maintained in accordance with Order of the Ministry of Industry and Trade dated June 16, 2010 No. 602.

What awaits a seller who fails to submit a notice?

Everyone has long understood that the absence of a trade permit (if it is required in mandatory) entails the imposition of fines. But the notification procedure is not taken so seriously, although there is also responsibility here.

Don't know your rights?

The Code of Administrative Offenses of the Russian Federation considers violation of the rules of notification of the start of activity to be a misdemeanor. And responsibility is spelled out in Art. 19.7.5-1. There are two options here:

• The merchant did not submit a notification at all, which threatens him with a fine of 10,000 to 20,000 rubles.
• The notification was submitted, but contained inaccurate information. Here they can already be fined 20,000-30,000 rubles.

To avoid problems and unnecessary expenses, the established procedure for starting activities should be followed.

Permission to open a non-stationary retail facility

A non-stationary trade object is an object that is not firmly anchored to the ground, for example a kiosk or a vending machine. And such objects are placed only in designated areas approved by a specially developed layout scheme. Each of the objects must comply with standard architectural solutions.

The Moscow Department of Trade and Services is responsible for the placement of non-stationary objects in Moscow, when it comes to their location on state-owned land.

To start trading in such a non-stationary facility, you do not need to obtain a trade permit; it requires concluding an agreement to carry out trading activities or to locate a non-stationary trade facility. Such an agreement will be concluded with the winner of the auction, since the rules of competitive selection of the seller apply here.

To participate in the auction, a legal entity or individual entrepreneur must submit an application, the form of which is established by the auction organizer, and at the same time have in his account the money necessary to pay the deposit for participation in the auction.

License to sell alcohol

If you intend to sell alcohol in the course of trading activities, you will have to obtain an appropriate license, since retail alcohol-containing products require a special permit for trade. This formulation of the question corresponds to the norms of the law “On government regulation production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products" dated November 22, 1995 No. 171-FZ.

To obtain a license to sell alcohol at retail in Moscow, you need to apply to the Department of Trade and Services of this city. The application itself is filled out in the prescribed form, and the following is attached to it:

• Constituent documents. If there are no notarized copies, then you can submit simple copies, but have the originals with you.
• Receipt for payment of state duty.
• Documents from which it is clear that the authorized capital of the company is not less than 1,000,000 rubles.

The following documents can be obtained by the department independently within the framework of an interdepartmental facility, and only when this is not possible should they be brought by the applicant:

• Certificate of state registration of a legal entity.
• A document confirming tax registration.
• Documents from which it could be determined that the applicant has the rights to premises for opening retail facilities and for storing alcoholic beverages.

A permit to sell alcoholic beverages is issued on a paid basis, so a license for a period of one year costs 65,000 rubles.

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 normative 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.

A trade permit is required only in certain cases, for example, when you plan to sell alcohol. For the most part, entrepreneurs are only required to notify the relevant government agency about the start of their activities. But do not forget that if you do not need to obtain a permit to trade, then it will not be controlled. The authorized bodies are developing an inspection plan to check whether the requirements for the organization and conduct of trade are being complied with.