Obtaining permission and placing non-stationary objects for trade. On the procedure for placing non-stationary objects of seasonal trade

Trade Permit implies that the sale of goods is coordinated with the authorities state power... But getting this permission is not always necessary. When it is required and where to apply for it - that's what the article will be about.

Activity start notification

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 appropriate government agency about your opening. Such a requirement is set out 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 normative act contains a list of activities for which the notification procedure is applied in trade. But there is also a decree of the Government of the Russian Federation "On the notification procedure for the beginning of the implementation of certain types business activities"Dated 16.07.2009 No. 584, where the list of activities is specified in more detail. As a result, it looks like this:

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

Procedure for filing a notification

The procedure for submitting a notification to the authorized body is fixed in the decree of the Government of the Russian Federation No. 584. According to it, the applicant must provide 2 completed copies of the notification to the authorized body. Such a body in Moscow is the city district administration or the prefecture of the administrative district, it all depends on where the applicant is registered. The notification form is given in the same regulation.

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

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

The notification itself contains the following data:

• the name of the legal entity or the full name of the entrepreneur;
• OGRN;
• legal entity address and actual address of the trade object;
• type of activity and list of works and services within a separate kind activities.

Note: you do not need to attach any documents to the notification. This procedure is much easier to obtain a trade permit.

All information from the notification serves to form Trade register, which is conducted in accordance with the order of the Ministry of Industry and Trade of 16.06.2010 No. 602.

What awaits a seller who does not submit a notification

Everyone has long understood that the lack of a trade permit (if it is required without fail) entails the imposition of fines. But to notification procedure are not so serious, although there is also a responsibility.

Don't know your rights?

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

• The merchant did not submit a notice at all that he could face a fine of 10,000 to 20,000 rubles.
• The notification was filed, but contained inaccurate data. Here they can already be fined 20,000-30,000 rubles.

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

Permission to open a non-stationary trading facility

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

The Department of Trade and Services of Moscow 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 object, you do not need to issue a trade permit, here you need to conclude an agreement for the implementation of trading activities or for the placement of a non-stationary trading object. Such an agreement will be concluded with the winner of the auction, since the rules for the 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 organizer of the auction, and at the same time have on the account the money necessary to pay the deposit for participation in the auction.

Alcohol sales license

If in the course of trading activities it is planned to sell alcohol, then you will have to obtain a corresponding license, since retail alcohol-containing products require special marketing authorization. This formulation of the question corresponds to the norms of the law "On state regulation of the 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 are attached to it:

• Constituent documents. If there are no notarized copies, you can also submit simple copies, but have the originals with you.
• Receipt for payment of state duty.
• Documents that show 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 does not work out, the applicant must convey them:

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

A permit for the sale of alcoholic beverages is issued on a paid basis, for example, a license for a period of one year costs 65,000 rubles.

Permission for the organization of the retail market

Another form of trade can be called the organization of the retail market, which is regulated by the law "On retail markets and on amendments to the Labor Code of the Russian Federation" dated 30.12.2006 No. 271-FZ. According to this normative act, you can obtain permission to organize the market by submitting an application, which must indicate:

• The name of the legal entity, its address and the location of the object where it is planned to place the market.
• TIN of the applicant.
• The type of market organized.

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 plan for organizing markets and the applicant has fulfilled all the requirements for registration and submission of the corresponding application, then he has every chance of obtaining permission to trade.

A trade permit is required only in certain cases, for example, when it is planned 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 issue a trade permit, then it will not be controlled. Authorized bodies develop an audit plan to check whether the requirements for the organization and conduct of trade are met.

Placement of non-stationary shopping facilities
Small business entrepreneurs often use non-stationary shopping facilities. Such commercial objects are understood as mobile commercial structures that are temporarily located on a certain land plot without being attached to it. They usually do not connect to utility lines. 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 now there are strict requirements for obtaining permission for this type of trade. It is especially difficult to obtain a permit to locate an object indoors or on a land plot owned by the state. Non-stationary shopping facility must be included in the layout. It is being developed by the city authorities for certain period time, and after its expiration is subject to reconsideration.
The placement of non-stationary shopping facilities is carried out in accordance with the Federal Law of December 28, 2009 No. 381 - FZ "On the basics of regulation of trading activities in Russian Federation". If the NTO is planned to be located on a land plot owned by a private person, then the procedure for its placement and operation is agreed with the owner of the stationary facility on the territory of which the NTO is planned to operate.
In the case of placing a non-stationary shopping facility on land plots, in premises that are located in the municipal or state property, the process should be carried out according to the layout, in order to provide the residents with the most rational retail space and sustainable city development.
Problems for a businessman arise precisely in the second case, so he will have to go through two stages of drawing up an NTO.
The first stage of registration is that the NTO is included in the layout. Local authorities are responsible for its creation. Let's list what documents are required to be included in this scheme:
- for legal entities - charter, certificate of state registration
- for individual entrepreneurship - a certificate of state registration of a person as an individual entrepreneur
- a certificate of registration with the tax office, as well as a certificate of the issuance of a TIN
- a project describing a non-stationary shopping facility
If your NTO is included in the placement scheme, then the second stage is to obtain permits, which spell out the 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 absence of judicial precedents. The city authorities claim that the inclusion of NTOs in the layout is only their prerogative and the owners have nothing to do with this issue... This runs counter to the government's policy to promote small and medium-sized businesses, since it does not provide favorable conditions for their activities and does not promote the sale of goods and services. That is, the state takes care of small and medium-sized businesses, regardless of their opinion.
Another problem for the owner of the NTO is the lack of confidence in the future, or rather, that after revising the placement scheme, he will be able to continue his activities in the same place, since they do not have the right to 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 operate until the expiration of the term for providing land for their placement.
If you still managed to place a sales outlet, then it must correspond certain requirements and norms. First, all goods and services sold must be of appropriate quality.
At the facility shallow retail there should be a sign with the brand name, location ( legal address), as well as the work schedule.
NTO must meet fire, sanitary, environmental and other standards. Also, the owner of the NTO must provide appropriate working conditions for workers.
In the event of the termination of the activities of the NTO after the end of the permit for the placement of the NTO, dismantling and removal of the equipment is carried out by the entrepreneur at his expense.
Summing up, we can say that the authorities should establish a clear procedure for obtaining permission to host point of sale and guarantee the entrepreneur the fact of obtaining permission after the end of the current term.

MOSCOW REGION ADMINISTRATION

RESOLUTION

ON THE ORDER OF LOCATION OF NON-STATIONARY OBJECTS OF SEASONAL TRADE

Abolished on the basis of the resolution of the Naro-Fominsk administration municipal district MO from 25.07.2017 N 2347.
____________________________________________________________________

Guided by the Federal Law of 06.10.2003 N 131-FZ "On General Principles of Organization of Local Self-Government in the Russian Federation", Federal Law of 28.12.2009 N 381-FZ "On the Basics of State Regulation of Trade Activities in the Russian Federation", in order to ensure the settlements of Naro -Fominsky municipal district with non-stationary services seasonal tradeGuided by the Charter of the Naro-Fominsk Municipal District, I decide:

1. To approve the Regulation on the order of non-stationary objects of the Naro-Fominsk municipal district (attached).

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

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

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

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

Approved
administration decree
Naro-Fominsk municipal district
Moscow region
of April 25, 2016 N 787

1. General Provisions

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

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

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

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

Permit - a permit for the placement of a seasonal trade object, issued by the administration of the Naro-Fominsk municipal district in the manner prescribed by this procedure (Appendix No. 2);

Permit holder - a legal entity or individual entrepreneur who have received permission to place a seasonal trade object;

Objects of seasonal trade - objects based on vehicles; easily erected collapsible structures, equipped with a counter, on the area of \u200b\u200bwhich a commodity stock is located (tank trucks, a trading tent, melons and gourds, a Christmas tree market);

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

A trade tent is a non-stationary trade facility, which is an easily erected collapsible structure equipped with a counter, forming an internal space, not closed on the counter side, designed to accommodate one or several workstations of sellers and commodity stock for one day of trade, for the sale of exclusively seasonal goods (fruits and vegetables and potatoes);

Melons collapse - a non-stationary trading facility, which is a specially equipped temporary structure in the form of a separate open area or an installed trading tent, intended for the sale of seasonal melons and gourds;

Yolochny Bazaar is a non-stationary shopping 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 branches of coniferous trees.

1.3. Objects of seasonal trade are placed only in the places included in the scheme.

1.4. The objects of seasonal trade are located on the territory of the Naro-Fominsk municipal district on the basis of a permit.

2. Basic requirements for objects of seasonal trade

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

2.2. The placement of seasonal trade objects, their technical equipment should provide the seller (legal entity, individual entrepreneur) with the opportunity to comply with working conditions and personal hygiene rules by his employees.

2.3. The area for placing a non-stationary shopping facility cannot exceed 8 sq. m.

2.4. The placement of objects of seasonal trade in fruits and vegetables and potatoes, melons and gourds, kvass is carried out in the spring-summer period (from May 1 to October 31). Depending on the actual weather conditions and in accordance with the temperature regime, the periods of seasonal trade in these types of products may be shortened or extended, respectively.

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

Permission to place a seasonal trade object;

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

Trade and technological equipment in a technically sound condition;

Medical books, employment contracts.

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

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

Consignment notes confirming the source of goods receipt;

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

2.6. At the place of retail trade, information for consumers should be posted on the operating mode, the organizational and legal form of the seller, the telephone numbers of the regulatory authorities, the seller must have a badge indicating the full name, name legal entity or an individual entrepreneur. Samples of all commercially available food and non-food products must be supplied with uniform and clearly drawn 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, the signature of the financially responsible person or the seal of the legal entity or individual entrepreneur, the date of registration of the price tag.

3. Procedure for issuing permits for the placement of seasonal trade objects

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

Permits are issued free of charge.

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

3.2. When several applications are received for one location, the permit is issued to the person whose application was received first.

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

3.4. The term for consideration of the application 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 submitted not in the form approved by this procedure, does not contain the necessary information and (or) the information is not reliable;

The location of the seasonal trade objects specified in the application is not provided for by the scheme.

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

3.7. Trading in the places indicated in the permit is carried out exclusively by the persons indicated in the permit. Transfer of permission to other legal entities and individual entrepreneurs is not allowed.

3.8. The permit is canceled in the event of repeated (two or more times) bringing the subject of trade to administrative responsibility for violation of 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, regulatory legal acts of the Naro-Fominsk municipal district , as well as for non-compliance with the requirements for appearancespecified in the permit. The notice of the cancellation of the permit (Appendix No. 3) is sent to the owner of the seasonal trade object 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 the notification is sent.

4. Final provisions

4.1. Unauthorized seasonal trade objects are subject to dismantling by the owner. At the same time, the road surface and improvement elements disturbed during the installation of the seasonal trade object must be restored in the form in which they existed before the installation of the seasonal trade object, by the forces and means of the person who carried out the unauthorized installation of the seasonal trade object.

4.2. Upon the expiration of the permit, the owners of seasonal trade objects are obliged to dismantle them (disassemble, demolish), vacate and improve the location of the seasonal trade object.

Appendix N 1. STATEMENT

Appendix N 1
to the Regulation
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 ask for permission to install a non-stationary object of seasonal trade by

address: ___________________________________________________________________

for trading seasonal products __________________________________________

(list of product range)

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

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

Opening hours: from __________________ to _____________________

Applicant Information: _____________________________________________________

___________________________________________________________________________

(organization name or surname and initials

individual entrepreneur)

___________________________________________________________________________

(address, place of registration)

___________________________________________________________________________

(N and date of registration certificate, issued by whom)

___________________________________________________________________________

___________________________________________________________________________

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

3D format) on ________ sheets.

Signature

Appendix N 2. PERMISSION N for the right to place a non-stationary object of seasonal trade

Appendix N 2
to the Regulation
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., natural person, individual

entrepreneur)

___________________________________________________________________________

___________________________________________________________________________

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

residence of an individual, individual entrepreneur)

___________________________________________________________________________

___________________________________________________________________________

(top seasonal facility indicating the type of activity)

___________________________________________________________________________

by the address: ________________________________________________________________

Working days: _______________________________________________________________

Opening hours: ______________________________________________________________

Certificate validity period: from "______" __________________ 20__

by "______" __________________ 20__

Appearance requirements see overleaf

Job title

authorized person (signature) (full name)

Appendix N 3. Notice of cancellation of the permit for the placement of a non-stationary object of seasonal trade

Appendix N 3
to the Regulation
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. head, individual entrepreneur)

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

This is the administration of the Naro-Fominsk Municipal District

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

object of seasonal trade N _____, issued by the administration of Naro-Fominsk

municipal district "_____" ___________ 2016, in relation to the location

non-stationary object of seasonal trade by target landmarks:

___________________________________________________________________________

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

__________________________________________________________________________.

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

work of non-stationary objects of seasonal trade on the territory

Naro-Fominsk municipal district, you are obliged to release and

arrange the accommodation within 5 working days from the date of receipt

notifications.

_______________________________ ________________ __________________________

(job title (signature) (full name)

authorized person)