After the introduction of a ban on the sale of alcoholic beverages at night, the delivery of alcohol at night to homes has become a good business that brings certain profits. The law prohibiting the sale of alcoholic beverages after 11 p.m. was adopted not so long ago and according to it, any sale of alcohol is illegal, and it doesn’t matter whether the sale takes place in a store or you bring alcohol to a person’s house. However, Moscow businessmen still found a loophole that allows them to make money on this process.

First, let's talk about what not to mess with. There are some methods of selling alcohol at night that cannot be considered legal in any way. Consumers are encouraged to register with a fictitious club, such as a sandwich club. Further, the buyer must allegedly pay an entrance fee, although in reality it is a fee for alcohol. And the alcohol itself is a gift for replenishing the ranks of the club. Such a scheme is reminiscent of the sale of Cahors in the church for the so-called donations. But the Russian Orthodox Church has good preferences, and those who decide to sell alcohol in this way, most likely, will not avoid an unpleasant meeting with the prosecutor's office.

Therefore, those who understand the laws and understand entrepreneurial activity, invented a different, absolutely legal method of selling alcohol at night. It is worth noting the simplicity and genius of this technique.

Legal delivery of alcohol at night

Civil law Russian Federation provides for the existence of such a thing as an agency agreement. In this case, a situation arises in which one person enters into an agreement with an agent who, on behalf of the customer, carries out a transaction. According to this scheme, for example, brokers conduct trading on the stock exchange. The business of home delivery of alcohol stems from the fact that the sale of alcoholic beverages in restaurants and bars at night is not prohibited. The customer makes a call to you and states that he wants to conclude an agency agreement with you. Thus, you go to a restaurant and, on behalf of the customer, buy the necessary alcoholic beverages, not forgetting to grab a check. After that, you go to the customer and deliver the required products, provide the buyer with a check.

The key point of the method is the following. The buyer must sign an agency agreement, according to which you, as an agent, have fulfilled the order in full. Then it turns out that you carried out the order of the customer and on his behalf purchased alcoholic products in an institution where the law allows it to be sold. It looks quite attractive, and most importantly, beautiful.

Is there a demand?

Of course, no one has conducted a study of the demand for such services. Nevertheless. You can do a mini-analysis yourself. The Yandex search engine will help to study the trend. It is enough to look at the monthly statistics of requests for the words “alcohol delivery”. As you can see, the figures characterizing the level of demand for the delivery of alcohol at night are steadily growing. Thus, the conclusion suggests itself that such a service is in full demand, which is increasing all the time. This can be evidenced by the fact that back in 2010 there were only about two thousand such requests, and today this figure has reached eight thousand, and there is no drop in the trend.

Of course, the surge in interest in the overnight delivery of alcohol in New Year holidays it is not worth considering, but even without it, the numbers are impressive and the picture for an entrepreneur is quite colorful. It is best if you have your own bar or restaurant. But even if not, you can always arrange with their owners to give you alcohol at a discount. The important point is that you must definitely knock out a check, and not just hand over the products. The time indicated on the check should not differ from the time of the order, since you are buying products on behalf of a third person.

Selling liquor at night is illegal, but almost every law has a hole you can squeeze through. Sometimes important events, requiring a bottle of champagne, occur at night - consider just such cases.

On January 1, 2013, a law prohibiting the sale of alcohol from 23.00 to 08.00 came into force in the Russian Federation. Under this ban were beer and other low-alcohol drinks. The punishment for the sale of alcohol to persons under the age of 18 has also been tightened.

There are countries in the world in which the introduction of restrictions on the sale of alcohol leads to a decrease in the level of its consumption.

In Norway, for example, after tightening the rules, alcohol sales fell from 20 liters to 3 liters per capita per year. But Russia is not Norway. After some confusion about limiting the time of sale, enterprising people realized that this was another reason to improve their financial situation.

Now, in order to get the desired alcohol at an inopportune time, you can write it out with home delivery. Of course, this will cost more, but after all, “thirsty” perform conscious actions or almost conscious ones.

It is not our task to worry about the health and morals of people who need alcohol at night. Finally, it is hypothetically possible different situations when suddenly there is an urgent need for a bottle of champagne, for example. Let's talk about such cases.

Since the sale of alcoholic beverages in restaurants and bars at night is not prohibited, no one can prohibit an adult citizen from buying this alcohol and taking it to another person. This the new kind services are in good demand and not only at night. We will immediately make a reservation that you do not have the right to sell alcohol after 23.00. But in the legislation, as often happens, there is a loophole, even a few.

One option is to organize a club. For example, a club for lovers of cigarettes of a certain brand or lighters, or tea cups with the image of horses.

When joining this club, which, by the way, can take place at any time of the day, the applicant pays an entrance fee, and receives a bottle of alcohol as a gift. The method is beautiful, but fragile. The prosecutor's office may not appreciate the elegance of the move and close the shop.

The second scheme is more viable, although not so intricate. In civil law, there is the concept of "agency contract". When entering into such an agreement, you instruct the agent to carry out transactions on your behalf. The client on the phone expresses a desire to conclude an agency agreement with you.

You, taking into account his wishes, buy alcohol in a restaurant or bar (which does not contradict the law) and be sure to take a check. Deliver the order and give the check to the buyer. The client signs the agency report, which contains an indication that you have completed the order in full. You are clean before the law - you have fulfilled the order of the customer and he has no claims against you.

Implementation of the idea

First of all, you need to make sure that people interested in your services know how to find you. It is important. Internet advertising in this case should work. You may need to create your own website indicating the services and prices for them.

In the debut stage, you can personally deliver on your own vehicle. Over time, get helpers. It is necessary to take into account the urgency factor - customers do not want to wait long, and competitors are stepping on their heels. Therefore, as soon as possible, hire couriers with transport - a car, a motorcycle or a scooter.

The price of the goods will depend on the level of the establishment where you shop. It is advisable to find partners who are willing to sell goods on favorable terms for you.

The cost of alcohol delivery includes:

• The price of the goods;
• Fare;
• administrative costs;
• Payment for your service.

Customers who do not want to part with the amount you specified should not be served.

prospects

The prospects are very vague. Perhaps the state will take actions that will put such a business outside the law, then it will have to be curtailed or engaged in the delivery of permitted goods.

Almost 5 years ago, Moscow banned the sale of alcohol at night. Since then, an entire industry has been formed to satisfy the nightly demand for alcohol. Correspondent I.Q. Review Anatoly got a job in such a semi-legal office.

How to circumvent the law on the prohibition of the sale of alcohol?

It would seem that it is forbidden - so it is forbidden. If you trade, the police will catch you and that's it. It wasn't there. Smart people came up with the idea of ​​selling ... souvenirs! And where does alcohol, the reader asks? And alcohol as a gift - for a lighter, a calendar card, a plush toy, in general, for any penny trinket. Nobody forbade giving alcohol! The dialogue when calling such an office looks like this:

— Hello, do you sell alcohol at night?

- No, no, it's forbidden. We sell souvenir lighters. We give alcohol!

— And how much for a lighter with vodka?

- 1300 rubles with delivery.

How does such a shady company work

In general, there is a certain level of conspiracy. With customers who ask a lot, they don’t talk, they hang up. Vacancies on job sites are not posted, of course, everything is through acquaintances. I had a distant friend in such a company who wanted to take a vacation and asked her to replace her for 2 weeks.

I met businessman Rustam (name changed - ed. note) in his car the next day at the subway. He immediately got down to business. They say, here are 3 phones for you, here is the price list, from 10 pm to 4 am “buhariki” will call, you write it down, you send the text message to the courier, what questions? It turned out that 2 phones - for 2 different sites, and one - for communication with the courier. At first I was confused.

Working as a telephone operator turned out to be dust-free. You watch a movie, answer the call every half an hour, from each order - 150 rubles. The most difficult thing is not to disturb family members who prefer to sleep at night.

Orders on weekdays were from 2 to 10. On weekends - 8-25. One courier worked on weekdays, 2 on weekends.

The organization itself consisted of:

• the boss, whose duties included the purchase of alcohol and the collection of proceeds;
• two couriers. The courier earned the cost of delivery, 300 rubles from the order plus a tip. Gasoline at the expense of the employer;
• operator, that is, me. The whole function of the operator was to ensure that the owner slept peacefully, and the couriers did not steal;
• webmaster all in one. He is a site administrator, a writer of texts, an advertiser, and a SEO specialist.

This is such a small organization.

Liquor delivery business - is it profitable?

Rustam turned out to be a talkative person. In communication, he gave out the whole alignment of his business: how much he pays to whom, what competitors and how difficult it is.

In general, the business is very simple, there are not so many risks. Once, on my shift, we made a test purchase. True, not, but television people, and showed the plot in the news. There were no consequences.

The whole business is kept on the site, so the only question is to promote it according to the largest number of suitable requests.

So, the alignment of this business in numbers.

The average bill without the cost of delivery is about 2 thousand rubles. The margin is about 80%. If you subtract the operator's money, this is about 700 rubles of benefit per client. Alcohol was bought in duty free, although Rustam said every day that it would be necessary to contact the suppliers of burnt vodka, otherwise everything was bad. Thus, the margin for the month was about 170 thousand rubles. Expenses had to be deducted from this money (the salaries of the operator and courier have already been taken into account). Approximately 12 thousand for gasoline, 15 thousand for the promotion of each site (the more sites, the more positions they theoretically could take), 10 thousand for protection against attacks on the site and the same amount for the administrator, 5 thousand for advertising, 9 thousand - for renting a warehouse. 60-80 thousand remained to the owner, provided that the plan was carried out.

Rustam constantly said that everything was bad, the plan was not being fulfilled and blamed the competitors. The main one, Alkotown, serves 200-300 customers a day with a separate courier for each district of Moscow and earns completely different money. You can calculate for yourself, the data on expenses are the same for everyone, plus or minus. However, as a friend told me, when she returned to work, he says so for all 5 years that they have been working together.

The DECISION of October 4, 2012 N 1007 was amended - in the resolution of January 19, 1998 N 55 "On approval of the Rules for the sale certain types goods ... approved by the said resolution: in the second paragraph of clause 4, the words "and beer" shall be deleted".

The text of the paragraph to be changed: "When carrying out retail trade at the location of the buyer outside stationary places of trade: at home, at the place of work and study, on transport, on the street and in other places (hereinafter referred to as peddling trade), sale is not allowed food products(except for ice cream, soft drinks and beer, confectionery and bakery products in the manufacturer's packaging)..."

In the Tax Code of the Russian Federation in chapter 26.3 Article 346.27. definition is given: Article 346.27. "peddling trade - retail, carried out outside the stationary retail network by direct contact of the seller with the buyer in organizations, on transport, at home or on the street. TO this species trade includes trade from hands, a tray, from baskets and hand carts;

Question: If beer is delivered to your home by prior order through the website or by phone, with payment at home, then the courts in practice consider this method of selling beer as a peddling trade, when appealing in court a possible administrative fine from regulatory authorities executive power?

SALES OF GOODS BY REMOTE METHOD is defined

"sale of goods by remote means" - the sale of goods under a retail sale and purchase agreement concluded on the basis of the buyer's acquaintance with the description of the goods proposed by the seller contained in catalogs, brochures, booklets or presented in photographs or using postal networks, telecommunication networks, including including the Internet information and telecommunication network, as well as communication networks for broadcasting TV channels and (or) radio channels, or in other ways that exclude the possibility of direct acquaintance of the buyer with the goods or a sample of the goods when concluding such an agreement. "It is said in clause 5: "5 . It is not allowed to sell alcoholic products remotely..."

Question: If the beer is delivered to the client's home by prior order through the website or by phone only by a courier of a draft beer store and payment is made in cash, or bank card to the courier and the client has the opportunity to check the quality of the goods, will the court in practice regard this as a remote sale of beer when appealing in court a possible administrative fine from the controlling executive authorities?