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1. Retail trade of tobacco products is carried out in stores and pavilions. For the purposes of this article, a store is understood as a building or part thereof, specially equipped, intended for the sale of goods and provision of services to customers and provided with trading, utility, administrative and amenity premises, as well as premises for receiving, storing goods and preparing them for sale, under the pavilion refers to a building that has a sales area and is designed for one workplace or several workplaces.
2. If there are no shops or pavilions in the locality, trade in tobacco products in other retail establishments or delivery trade in tobacco products is permitted.
3. Retail trade in tobacco products is prohibited in retail establishments not provided for in parts 1 and this article, at fairs, exhibitions, by delivery and peddle trade, by distance selling, using vending machines and in other ways, with the exception of delivery trade in the case provided for by part 2 of this article.
4. Retail trade in tobacco products with display and demonstration of tobacco products in a retail facility is prohibited, except as provided for in Part 5 of this article.
5. Information about tobacco products offered for retail trade is brought to the attention of buyers by the seller in accordance with the legislation of the Russian Federation on the protection of consumer rights by posting on the sales floor a list of tobacco products sold, the text of which is made in letters of the same size in black on a white background and which compiled in alphabetical order, indicating the price of tobacco products sold without using any graphics or drawings. Demonstration of tobacco products to the buyer in a retail establishment may be carried out at his request after familiarization with the list of tobacco products sold, taking into account the requirements of Article 20 of this Federal Law.
ConsultantPlus: note.
Retail trade in cigarettes in quantities of more than twenty pieces per package (pack), produced in the Russian Federation or imported into the Russian Federation before July 1, 2016, is allowed until they are fully sold (Federal Law dated April 26, 2016 N 115-FZ).
6. Retail trade in cigarettes containing less than or more than twenty pieces per unit of consumer packaging (pack), retail trade in cigarettes and cigarettes individually, tobacco products without consumer packaging, tobacco products packaged in the same consumer packaging with goods, are not allowed. non-tobacco products.
(see text in the previous edition)
1) in territories and premises intended for the provision of educational services, services by cultural institutions, institutions of youth affairs bodies, services in the field of physical education and sports, medical, rehabilitation and sanatorium-resort services, on all types of public transport (public transport ) urban and suburban traffic (including on ships when transporting passengers on intracity and suburban routes), in premises occupied by state authorities and local governments;
Rosstat calculated: 60% of Russian men and 14% of women regularly smoke tobacco, so the sale of cigarettes promises a stable profit. But this product is harmful to health. Trade in it is strictly regulated by law. Rules for the sale of tobacco products are constantly being tightened in order to reduce the number of smokers and protect children from bad habits. We tell you how to sell cigarettes without breaking the law.
Are permits required to sell cigarettes? Nowadays a special document permitting the sale of tobacco products is not needed. But at the same time, the retail outlet must comply with strict requirements for their placement and display to customers. Let's consider what is needed to sell cigarettes from the point of view of the law and whether a license is required to sell tobacco products.
Unlike the sale of alcohol, the sale of tobacco products is not licensed. Individual entrepreneurs and LLCs have the right to trade them. This norm applies to retail and wholesale trade. There is no need to search on the Internet for “how much a license to sell cigarettes costs” - it doesn’t exist. Therefore, any retail outlet has the right to sell cigarettes and tobacco without receiving any documents from regulatory agencies.
However, this does not mean that there are no restrictions on tobacco trade. There are quite a lot of them. The norms are enshrined in Federal Law No. 15-FZ of February 23, 2013.
Stores are required to store cigarettes in closed boxes, which are opened at the request of the buyer
You can sell cigarettes at any time. The law does not establish time restrictions on their sale - again, unlike alcohol, which cannot be purchased at night.
If a license for tobacco is not required, and you can trade it freely at any time of the day, are there any difficulties at all with selling cigarettes? There are, and they relate to the placement of goods inside a retail outlet. Open display of packs of cigarettes and tobacco in store windows is prohibited. Shelves with tobacco products are covered with opaque shields: casual buyers, especially children, should not see them.
The buyer learns about the availability of cigarettes at the point of sale from a special list that is placed at the cash register. The list is drawn up on white paper, in black in the form of a table, where all products available for sale with prices are indicated in alphabetical order. The use of drawings or photographs is strictly prohibited. At the buyer's request, the cashier opens the shelf with cigarettes and shows him the goods. Before displaying or selling, the employee must ensure that the buyer is of legal age.
Another requirement that the cigarette business must comply with concerns the cost of tobacco products. The manufacturer puts a minimum and maximum price on each pack - the store has no right to violate these boundaries. Prices are determined by the product manufacturer. They are in proportion to each other: the minimum is equal to 75% of the maximum.
For exceeding the price, the seller will receive a fine: a citizen of about 5 thousand rubles, an official - 50,000 rubles, or even will be disqualified for 3 years, and an LLC - double the amount of excess revenue received for the year.
Tobacco display cases are closed to prevent casual customers and children from seeing cigarettes.
Above we examined the legal requirements in the field of trade in cigarette products. The rules have been tightened for several years and now cigarettes can only be sold in stationary facilities. The street tobacco kiosk, where smokers bought packs through a window, is a thing of the past. Tobacco products can only be displayed at the request of the buyer. Specialized cigarette and tobacco stores must restrict access to children under 18 years of age.
These are just the initial requirements that you will have to face when starting a cigarette business. The law imposes special requirements on cash register equipment, taxes, and storage conditions. Let's consider recommendations that will help you create a competent business plan for a tobacco store.
Trade in cigarettes requires the use of cash register equipment under any taxation, almost without exceptions (about them in the next section). Tobacco is an excisable product. For more than a year now, all cigarette sellers have been operating only through an online cash register. is a special system that reports all operations of a retail outlet to the tax service.
Until July 2018, there were relaxations for several categories of business regarding the use of cash registers in the sale of tobacco products. Now almost all of them have lost their validity and any cigarette retail outlet sells products through an online cash register.
Until July 2019, there are deferments in installing an online cash register for:
The law obliges such sellers to provide buyers with confirmation of payment upon the buyers’ first request. The preferential regime will last a little less than a year. It is unknown whether it will be extended. It is likely that all tobacco dealers will still be required to work through an online cash register.
The buyer gets acquainted with the range of tobacco products through a list where names and prices are listed
Trade in tobacco products requires the use of a special economic activity code. General - “Retail trade in tobacco products” 52.26. The numbers change periodically, and the names are extremely rare. Before registering with the Federal Tax Service, you need to check the relevance of OKVED.
Additionally, some stores will require additional specific codes. For example, wholesale trade in cigarettes - 51.35 “Wholesale trade in tobacco products.” A non-specialized hypermarket with a small assortment of the most popular cigarettes - 52.11 “Retail trade in non-specialized stores primarily in food products, including drinks, and tobacco products.”
To open a tobacco store from scratch, a businessman will have to comply with the legal requirements for the retail circulation of cigarettes. We discussed some of them - the rules for displaying and installing an online cash register - in the previous sections. However, there are others.
Russian legislation prohibits the sale of cigarettes by the piece (Article 19 15-FZ). More precisely, it is prohibited to sell cigarettes in any form other than a pack of 20 units of goods. Tobacco products must be separately packaged in their own container. They cannot be packaged in other quantities or together with non-tobacco products.
Electronic cigarettes are subject to the same sales and placement rules as regular cigarettes. The exception when their display on a display window will be legal is if they look different from a standard cigarette pack. Most electronic cigarette packaging is significantly different from tobacco packaging, so they can be placed completely openly.
At the same time, they cannot be sold to minors, despite the absence of nicotine in the composition. Why? The law prohibits the sale of alcohol and tobacco to children. There is no such ban regarding electronic cigarettes. That is, if a cashier sells a vape to a 15-year-old, he cannot be fined. But from an ethical point of view, this is not very good: smoking an electronic analogue completely imitates the usual one. Prohibiting the sale of vaping products to minors can be considered a useful recommendation for a retail outlet.
Federal law strictly prohibits the retail and wholesale trade of nasvay, chewing or sucking tobacco. Its circulation and consumption is subject to administrative or criminal penalties (depending on the detected volume).
Cigarettes can be stored indefinitely in a dry and warm room
Cigarettes and tobacco products do not have an expiration date. In theory, they last forever. Cigarettes are packaged in two layers: a cardboard box and plastic on top. The integrity of both layers must be monitored so that the products do not lose their characteristic smell and do not wrinkle or break. Do not place cigarette cartons near products with strong odors.
But over time or under the influence of negative factors, even a well-packaged product can lose certain properties or become completely unusable. The main enemy of cigarettes is dampness. The warehouse where they are stored must be dry (humidity up to 70%) and, preferably, heated - from 15 to 23 degrees.
However, even under the right conditions, cigarettes should not be stored for too long. The amount of carcinogens in tobacco increases over time, which will increase the already considerable damage to the health of the smoker.
The tobacco business must comply with all restrictions established by law. They can be divided into categories:
Selling tobacco products to children under 18 years of age is strictly prohibited - Article 20 of Federal Law No. 15-FZ. If there is any doubt about the buyer’s age, the cashier must ask for his passport and check his date of birth. Refusal to present a document is grounds for refusal to purchase.
The penalties for selling tobacco to teenagers are significant. It is established by the Code of Administrative Offenses - Article 14.53. A citizen will lose 2-4 thousand rubles, an official will be fined 30-50 thousand rubles, and an organization will be fined 100-150 thousand rubles. The fact of sale is proven by a test purchase. The law strictly protects minors from tobacco use, and in order not to lose a large sum of money, you must follow the rules of implementation.
For violating the rules of selling cigarettes, the store, owner and seller will have to pay a serious fine
The law also establishes where a tobacco shop cannot be opened. The prohibited ones include:
If an entrepreneur violates federal law, he and the store will face administrative punishment. It is also provided for by the Code of Administrative Offenses - Article 14.53. A citizen will pay 2-3 thousand rubles, a cashier or seller - 5-10 thousand rubles, and a legal entity - from 30 to 50 thousand rubles.
When it is necessary to report a violation of the rules for the circulation of tobacco products, contact the local police department. The district police officer or other authorized employee will conduct an inspection or test purchase (if there is a complaint about sales to teenagers). If a violation is discovered, the perpetrators will be required to pay a fine.
The circulation of tobacco products is strictly regulated by Russian laws. The main goals of such control are caring for the health of citizens and collecting taxes. Tobacco is an excisable product, so everyone who sells it uses an online cash register. From it, sales data is immediately sent to the Federal Tax Service. Packs of cigarettes cannot be displayed openly in shop windows - only a list of the available range. For violating trade regulations, you will have to pay a large fine - up to 150 thousand rubles.
The state strictly controls the sale of cigarettes. Trade in tobacco products is carried out in accordance with Federal Law No. 15 “On protecting the health of citizens from tobacco”, Federal Law No. 268 “Technical regulations for tobacco products” and other legislative acts. Retail trade in cigarettes is carried out only in shops and pavilions and is completely prohibited in socially significant institutions and in transport.
The legislation also stipulates the need to establish an MRP for cigarettes. Not everyone still knows what it is. This is the maximum or minimum price for one unit of product (a pack of cigarettes). Why this information is important for manufacturers, sellers and consumers is discussed in the article.
What does MRP mean on cigarettes? We are talking about the highest cost that an entrepreneur (legal entity or individual entrepreneur) can set when retailing cigarettes. The fact is that, according to Art. 9 of the Technical Regulations, the manufacturer is required to indicate information on the maximum retail price on each package.
It is important to know! The state does not regulate this price, but simply makes sure that it is indicated on the pack, and that sellers comply with it - do not inflate or reduce prices. This, in particular, is stated in the letter of the Department of Tax and Customs Policy of the Ministry of Finance of Russia dated July 13, 2017 No. 03-13-14/44647.
Violation of this rule may result in administrative liability under Art. 15.12 Code of Administrative Offenses of the Russian Federation for both the manufacturer and the seller. The punishment under this article is quite severe, especially for legal entities (a fine of up to 100 thousand rubles with confiscation of products that were the subject of the offense).
In accordance with Art. 187.1 of the Tax Code of the Russian Federation, MRPs for tobacco products are established by the product manufacturer independently:
This is done by the manufacturer-taxpayer for the purpose of calculating excise taxes. Consequently, there are exceptions to the general rule; MRPs are not established for non-taxable and tax-exempt tobacco products.
According to Art. 13 Federal Law No. 15 minimum retail prices are 75% of the maximum retail price.
Is it possible to sell cigarettes below the MRP?
It is prohibited to sell tobacco products below the minimum retail price. Violators of the legally established pricing procedure will face severe punishment under Art. 14.6 Code of Administrative Offenses of the Russian Federation. Individual entrepreneurs and officials face a fine of up to 5 and 50 thousand rubles, respectively, legal entities – up to 100 thousand for underestimating the price.
Administrative liability is also provided for overpricing. Legal entities will have to pay to the treasury double the amount of profit received as a result of overpricing for the entire period of the violation (but not more than for a year). Officials may also be subject to disqualification for up to 3 years.
MRP for cigarettes in 2018: a list of tobacco products with prices can be found here: http://ipipip.ru/maksimalnye-ceny-na-sigarety-2018/. The table shows the maximum retail prices for cigarettes in 2018.
As already mentioned, there are two meanings for the abbreviation “MRP for cigarettes”; decoding is done in two ways: maximum and minimum price. In accordance with the law (Article 13 of Federal Law No. 15), the seller has the opportunity, within 25% of the maximum cost of one pack of cigarettes sold at retail determined by the manufacturer, to set his own price for these products. At the same time, Article 16 of Federal Law No. 15 states that in order to reduce tobacco consumption and thus protect the health of citizens, it is prohibited not only to advertise tobacco products, but also to otherwise stimulate their sales. The legislator also included discounts as methods of stimulation.
♦ Capital investments – 150,000 rubles
♦ Payback – 6 months
There are much more people who smoke in the post-Soviet space than in Europe or the USA.
And no matter how much the Ministry of Health warns about the dangers of smoking, there will still be people who cannot imagine their life without a cigarette.
You can use their weakness to your advantage and build a profitable business.
To achieve this, you must carefully understand how to open a tobacco kiosk.
This type of business is suitable for people who do not have a large start-up capital, do not have special knowledge and skills, and are not yet ready to get involved with a large store or other field of activity that requires huge financial investments.
A tobacco stall is a great opportunity to try your hand at entrepreneurship and have a good annual income from your business.
In the 1990s, kiosks were generally the most popular way to enter the world of business.
Over several decades, the situation has changed and today most people prefer to buy food, household chemicals and other goods in stores.
The same cannot be said about cigarettes, because a smoker will not want to stand in line at the checkout in a supermarket to purchase one pack of cigarettes. He will most likely go to a tobacco kiosk.
This type of business has enough advantages to join it:
This type of business is good because it has virtually no disadvantages, but has many advantages.
And yet, opening a tobacco kiosk can have 3 unpleasant consequences for its owner:
There is no great wisdom in this type of business, everything is quite simple and anyone can master the features of owning a tobacco kiosk.
Still, there are a few nuances to keep in mind:
Usually people do not go to a particular tobacco kiosk to buy a pack of cigarettes. They purchase these products at the first point they come across.
All you have to do is decorate your stall so that from a distance it is clear that you can buy cigarettes.
You can also order a sign and place it at an intersection of busy roads, for example, a block from your store. On the sign write something like “At the intersection of such and such streets you can buy cigarettes,” etc., to increase the number of casual buyers.
It’s difficult to talk about creating competitive advantages if you own a business like a tobacco shop.
And yet you can stand out from your competitors if:
Interesting fact:
Cigarettes are the most sold item on our planet. A trillion cigarettes are sold every year. The tobacco industry's revenues exceed 400 billion a year, making it one of the most profitable areas of activity.
It won't take you too long to open a tobacco kiosk. It is quite possible to launch a startup in a few months.
You will have to spend much more time if you decide open a tobacco shop, that is, a place where not only cigarettes will be sold, but also, for example, alcohol or some food products.
If you have minimal starting capital, then you should start with a stall, and only then, having returned the initial investment, expand.
The approximate schedule for opening a tobacco kiosk looks like this:
Stage | Jan. | Feb. | March | April |
---|---|---|---|---|
Registration procedure and obtaining necessary permits | ||||
Rent a stall and arrange it | ||||
Purchase of the first batch of products | ||||
Recruitment | ||||
Opening of a tobacco kiosk |
One of the main advantages of owning a tobacco kiosk is that to open it you do not need to issue a lot of permits or go through any complicated registration procedures.
You just need to register as an individual entrepreneur or LLC (the first option is preferable for you) and choose a form of taxation (small businesses can pay tax according to a simplified scheme).
That's actually all you need to do in accordance with the legislation of our country.
The registration procedure for a tobacco kiosk takes no more than a month and is not expensive: a little more than 10,000 rubles.
Buying or renting a kiosk itself will definitely not be a problem. There are enough similar designs for sale.
There won’t be any particular difficulties with his equipment either. All you need is a safe to store your proceeds, a cash register, a chair and a mini table for the seller.
Equip the windows of the tobacco kiosk with small transparent shelves specifically for placing packs of cigarettes and other products on them.
It would be a good idea to put bars on the windows, especially if you want your stall to operate at night.
If you can squeeze some kind of small cabinet into your stall for storing products, it will be very good.
You should also be sure to take care of heating your tobacco kiosk so that the seller can be there in the winter without compromising his health.
The table of costs for tobacco kiosk equipment looks like this:
But the greatest difficulties await you when choosing a place to locate your tobacco kiosk.
It should be located in the center or in densely populated residential areas in areas with the greatest concentration of people, for example, near public transport stops.
You will have to try to find a good place, because in any city there are plenty of tobacco stalls, so the most successful points for trading are already occupied.
Owning a tobacco shop is no exception to this rule.
Fortunately, there are enough suppliers of tobacco products on the Russian market, so you can easily choose one who suits you in all respects.
Choose a supplier of cigarettes and other products for your stall carefully, do not settle for the first offer you come across.
Be sure to check if the supplier you like has quality certificates and all the necessary documentation so as not to sell people counterfeits.
You should not look for suppliers of too original products.
Most smokers are people with established tastes who prefer to purchase popular brands of cigarettes at an average cost.
All popular brands of cigarettes should be supplied to your tobacco kit without interruption.
Consider which work schedule is most beneficial for you.
You need to start from the location of your tobacco kiosk.
If there are nightclubs and restaurants in the immediate vicinity that are open until the last customer, then you can set a 24-hour operating schedule.
If your tobacco stall is located in a business or residential area, then you can get by with the following schedule: from 7.00–22.00.
But in any case, the usual schedule for many companies from 8.00/9.00 to 17.00/18.00 will not suit you.
The length of your tobacco kiosk's day affects the number of staff.
You will have to hire two salespeople if the opening hours are from 7:00 to 22:00, and three if you want your kiosk to be open 24 hours a day.
Sellers will work in shifts: 2/2 days or every other day.
One seller will have to pay between 7,000 and 10,000 rubles per month. These costs may be higher if you open a tobacco kiosk in a large city, where even ordinary sellers are accustomed to receiving high salaries.
There is no need to create a separate cleaning station; sellers will be able to clean a small tobacco kiosk on their own.
And you can do the accounting yourself.
You don’t need too much start-up capital, but, naturally, certain expenses await you at the initial stage, so you will have to collect or borrow at least 150,000 rubles to launch a startup:
*It is better to draw up a long-term contract for renting a stall, for example, for several years at once. Then the rental price will be lower, and you will be able to get rental holidays for 1–1.5 months.
Interesting facts about cigarettes and smoking
watch in the video:
Get ready for the fact that by selling cigarettes, you will not be able to become a millionaire overnight, because this business is not as profitable as many entrepreneurs would like.
The maximum markup you can afford on one pack of cigarettes is 30%, and then only if you’re lucky, because usually the owners of tobacco stalls are content with a markup of 15–20%.
The more packs of cigarettes you sell, the more you earn per month.
Let’s say you sell 50 packs of cigarettes a day with an average price of 70 rubles.
That is, your daily revenue will be 3,500 rubles.
If you consider that your tobacco kiosk is open seven days a week, then it will bring you an income of over 100,000 rubles per month.
Minus mandatory monthly expenses (taxes, rent, employee salaries, purchase of goods), your net profit will be 25,000–40,000 rubles.
That is, it is quite possible to recoup the opening of a tobacco kiosk within six months after its opening.
That's practically everything you need to know about how to open a tobacco kiosk.
You have seen for yourself that there are no particular difficulties in this matter.
The main thing is to constantly work to increase the turnover of goods, which will lead to an increase in your earnings.
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