home Audience 4 Trade in smoking mixtures for hookahs without excise taxes. Law on hookah bars: how to open a business. Rent and sale of hookahs and accessories

Trade in smoking mixtures for hookahs without excise taxes. Law on hookah bars: how to open a business. Rent and sale of hookahs and accessories

Elena

Good evening... please tell me.. I want to open a hookah and tobacco store for it, in a separate stationary store.. is it possible to sell excise tobacco there with all the documents but in bulk, since the tobacco is packaged in large packs, which is expensive for many buyers. Thank you in advance

Total answers: 2

Lawyer's answer (Saenko Ivan Alekseevich)

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Hello! Trade Restrictions tobacco products and tobacco products, which include hookah tobacco, are contained in the Federal Law of February 23, 2013 N 15-FZ “On protecting the health of citizens from environmental influences” tobacco smoke and the consequences of tobacco consumption" (with amendments and additions) Article 19 1. Retail trade in 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 jobs. 2. In case of absence from locality shops and pavilions are allowed to sell tobacco products in other retail facilities or carry out sales of tobacco products. 3. Prohibited retail tobacco products in retail establishments not provided for in parts 1 and 2 of this article, at fairs, exhibitions, through delivery and peddle trade, remote sales, using vending machines and other methods, 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 provided by the seller in accordance with the law Russian Federation on the protection of consumer rights to the attention of buyers by placing in the sales area 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 is 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 facility 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. 6. Retail trade in cigarettes containing less 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 that are not tobacco are not allowed. products. 7. Retail trade in tobacco products is prohibited in the following places: 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 culture and sports, medical, rehabilitation and spa services, on all types public transport(public transport) urban and suburban communications (including on ships when transporting passengers on intracity and suburban routes), in premises occupied by authorities state power, organs local government; 2) at a distance of less than one hundred meters in a straight line, excluding artificial and natural barriers, from the nearest point bordering the territory intended for the provision of educational services; 3) in territories and premises (except for duty-free shops) railway stations, bus stations, airports, seaports, river ports, at metro stations intended for the provision of passenger transportation services, in premises intended for the provision of housing services, hotel services, temporary accommodation services and (or) provision of temporary accommodation, household services. 8. Wholesale and retail trade in bulk is prohibited.

Lack of marking will entail administrative liability under Art. 15.12 Code of Administrative Offenses of the Russian Federation: Article 15.12. Production or sale of goods and products for which requirements for marking and (or) application of information are established, without appropriate marking and (or) information, as well as in violation of the established procedure for applying such markings and (or) information [Code of the Russian Federation on Administrative Offenses ] [Chapter 15] [Article 15.12] 4. Trafficking in alcoholic beverages or tobacco products without marking and (or) application of information provided for by the legislation of the Russian Federation, if such marking and (or) application of such information is mandatory - entails the imposition of administrative fine on citizens in the amount of four thousand to five thousand rubles with confiscation of the items of the administrative offense; for officials - from ten thousand to fifteen thousand rubles with confiscation of the items of the administrative offense; for legal entities - from two hundred thousand to three hundred thousand rubles with confiscation of the items of the administrative offense.

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Hello! Article 19. Federal Law of February 23, 2013 N 15-FZ "On protecting the health of citizens from the effects of environmental tobacco smoke and the consequences of tobacco consumption." Restrictions on trade in tobacco products and tobacco products. Retail trade of tobacco products is carried out in shops 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.
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 allowed.
Retail trade in tobacco products is prohibited in retail establishments not provided for in parts 1 and 2 of 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.
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.
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 placing 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 is compiled in 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.
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).
It is not allowed to retail trade in cigarettes containing less than or more than twenty pieces in a unit of consumer packaging (pack), retail trade in cigarettes and cigarettes by the piece, tobacco products without consumer packaging, tobacco products packed in one consumer container with goods that are not tobacco products.
Retail sale of tobacco products is prohibited in the following places:
1) on the territories and in the premises intended for the provision of educational services, services by cultural institutions, institutions of youth affairs, services in the field of physical culture and sports, medical, rehabilitation and sanatorium 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 public authorities, local governments;
2) at a distance of less than one hundred meters in a straight line, excluding artificial and natural barriers, from the nearest point bordering the territory intended for the provision of educational services;
3) in the territories and premises (except for duty-free shops) of railway stations, bus stations, airports, seaports, river ports, metro stations intended for the provision of passenger transportation services, in premises intended for the provision of housing services, hotel services , services for temporary accommodation and (or) provision of temporary residence, personal services.
Wholesale and retail trade in nasvay and sucking tobacco (snus) is prohibited.

Lawyer's answer (Varvara Vitalievna Ganotchenko)

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Hello! Yes, you have if you are in need of improved living conditions. If you have not yet been recognized as needy, then you must contact the authorized body with an application and register.

Love

Smoking hookah- became traditional feature passive recreation in Russia and the CIS countries. However, from June 1, 2014, the “smoking ban” law has come into full effect - which restricts smoking in in public places, including catering establishments. From now on, smoking hookah in a cafe or restaurant is prohibited, or is it still possible? Let's look into this issue.

Laws of the Russian Federation on the ban on hookahs

On June 1, 2014, all parts of the Federal Law of the Russian Federation of February 23, 2013 N 15-FZ “On protecting the health of citizens from the effects of second hand tobacco smoke and the consequences of tobacco consumption” came into force, we will pay special attention to clause 6, part 1 Article 12 - prohibition of smoking on premises of enterprises Catering.

There is not a word in the law about cigarettes, hookahs, cigars, etc. According to clause 1, part 1, article 2 - smoking tobacco— use of tobacco products for the purpose of inhaling smoke arising from their smoldering. That is, according to this law, smoking tobacco in any form forbidden. Including smoking hookah.

We open a hookah bar. What is prohibited and what is allowed

Smoking a hookah has become one of the main sources of income for many catering establishments, and not a single owner wanted to give up income just like that. Although the law is not on their side.

In Russia it is prohibited:

Smoking tobacco is prohibited, and therefore a hookah with tobacco, inside any catering establishment;
The creation of smoking and hookah rooms at catering establishments is prohibited. If the room belongs to a cafe or restaurant, then this room falls under the prohibitive Federal Law of the Russian Federation of February 23, 2013 N 15-FZ. And there are no exceptions to it. The creation of smoking rooms in public catering is prohibited.
Smoking hookah with tobacco is prohibited on terraces, cafes and restaurants. Although, through the court, you can prove to Rospotrebnadzor that the terraces are not premises, however, this will cost time, money and nerves. For now, this issue remains open and lies on the conscience of the owner, Rospotrebnadzor and the judicial institutions of the Russian Federation. Each case is individual, and there is a reason to issue you a fine.

In Russia it is allowed:

Smoking is allowed in catering establishments. Yes. If smoking is carried out without the use of tobacco and other prohibited substances. Tobacco-free mixtures, stones, syrups and other similar smoking products - you can smoke if they do not contain tobacco. But not all visitors like this nicotine-free hookah. The fact is that there is smoke, but there is no relaxing effect from tobacco. Consequently, such a hookah can no longer be called the main source of income.
Smoking tobacco is allowed outside cafes and restaurants, in special places. Some owners interpret this permission in their own way - they open a separate room with hookahs, decorated as a separate establishment, and arrange food and drinks as delivery. Of course, according to the letter of the smoking ban law, this is allowed. But there is high probability that this action is interpreted as a sham transaction, in accordance with Article 170 of the Civil Code of the Russian Federation with subsequent sanctions.

In practice, each hookah establishment follows its own logic and desires of the owner - nicotine-free hookahs, smoking hookahs on the terraces, organizing separate rooms with separate registration and much more.

How to open a closed hookah club within the framework of the smoking ban law

Today, there is the only legal way to open a classic hookah bar that serves hookahs with tobacco - in fact, to organize a closed hookah club. This establishment will no longer be a cafe or restaurant. It should not be a catering establishment at all, because smoking is prohibited in them. This means that your hookah bar should not sell food or drinks..

Please pay attention to this requirement. If your hookah bar has even a piece of bread and a bottle of water on sale, your establishment will violate the smoking ban law. Forget about the scheme - buy a hookah, get tea as a gift- actual sales ready food no, but Rospotrebnadzor will already have the right to sue you. On the other hand, you can allow your guests to order a variety of fast food and bring food and drinks with them, provided that your guests have receipts that will prove, if checked, that the food was purchased from a place other than your establishment.

Based on the law, all hookah bars are enterprises closed type, that is, they have limited access ordinary people from the street. Also pay attention to the age limit if you let minors in - you shouldn’t even think about how to open a hookah bar. You must have a reception with an administrator who will decide who is allowed into the room with hookahs and who is not. Each guest must sign an agreement stating that he is not against smoking tobacco in the hookah bar and present a document proving the guest’s age. You can also organize some kind of membership in your hookah bar. Only a club member will have access to your hookahs, if the guest is not a club member... he must fill out a form and become a full member of the club. Everything is legal. So, remember - only an adult club member who has nothing against smoking tobacco in a hookah bar can enter your hookah premises and use your services.

Nuances of opening a hookah bar, business plan

The hookah room should be comfortable and spacious. We recommend considering premises of 100 m² or more with a separate exit and the possibility of wiring utilities. Your closed smoking club should not disturb the neighbors and residents of the building where your hookah bar will be located. Also, the premises must meet SES requirements and match fire safety, that is, pass a check at the Fire Inspectorate.

The most important and expensive thing in your establishment is the hood. It must work. It should create a comfortable atmosphere for every visitor. So give her Special attention. By the way, since there is no limit to perfection, the cost of a good hood for a good hookah bar varies from 250 to 1,000 thousand rubles. Yes, it's just a pull.

But on consumables, hookahs and tobacco, you will save a lot - everything on a turnkey basis costs no more than 200-300 thousand rubles.

Use cheap "fast" hookahs, usually made in Egypt. They are easy and quick to prepare. This means the time from order to delivery is reduced, which has a positive effect on the business as a whole.

Work only with legal and excise tobacco. Otherwise you will have very big problems.

The basic principle of any hookah bar is “ quick table". That is, when your guests do not stay with you for more than two hours, orders are served quickly, and customers leave satisfied. Two hours is enough for guests to enjoy themselves and free up the table. Therefore, try to stop “long” tables and in every possible way prevent their organization. “Long” tables include those where guests sit and “draw” one hookah, play some kind of Board games, eat and do everything else except the main thing - smoking. And your profit depends on the amount of tobacco smoked, not time. There are several effective methods against such “long” tables.

The more hookahs, the faster guests will leave. When ordering for the first time, guests are offered not one, but several hookahs to choose from at a lower cost (for example, the second hookah for half the price). Given the low cost of hookah, any owner can afford this method. This approach works on the principle - than more people smokes, the faster you will get pleasure and be “satiated” with smoke. One hookah can last a long time, two hookahs will satisfy an average company in 3-4 hours, three hookahs will satisfy the same company in 1-2 hours.
Time limit. In such hookah bars, payment is made not for the hookah, but for the time spent at the table. Scales the first method. Guests pay for the time spent in the club, the amount smoked is not limited, but you need to make a calculation so that several hookahs “fit” in 1-2 hours.

With the average cost of one hookah being 50-200 rubles and the cost for guests being 500-2000 rubles, what is more profitable to sell? Selling several hookahs every hour? Or sell one hookah in a few hours? The minimum markup in a hookah bar is 500%. Such a markup is common for public establishments and is not discussed below at all.

Calculation of a hookah bar according to the principle - several hookahs per preferential price

Let's make a theoretical calculation using the first method - we offer our guests several hookahs at once at a discounted price. Room with useful seating area 100 square meters accommodates about 25 tables (total area of the room is more than 150 m²). Serving means 3 hookahs per table. Visitors at the tables change every 2 hours, so the load on the hookah bar is about 50%. The establishment is open for at least 12 hours. Let’s assume the cost of 1 hookah is 100 rubles.

Costs of this approach for 1 working day: 25 tables * 3 hookahs * 100 rubles * 12/2 = 45,000 rubles.

We will accept a markup in the establishment of 500%. The cost of the first hookah for a visitor (table) will be - 500 rubles. Taking into account that we use the principle - more hookahs, less time for the visitor - the next two hookahs will be for them for the price of one - 500 rubles. In total, three hookahs for one table will cost 1,000 rubles.

The profit will be for 1 day: 25 tables * 1,000 rubles * 12/2 = 150,000 rubles.

Profit minus the cost of hookahs will be: 150,000 - 45,000 = 105,000 rubles per day.

It is worth considering that staff salaries vary depending on the duties performed and position. So, if the administrator and the cleaning lady can receive a set salary. It’s better to pay a hookah man on a piecework basis. Thanks to this approach, you will be sure that the hookah man is working and not “sleeping for money” and he is interested in your guests changing hookahs more often. To do this, an experienced hookah man has his own tricks and techniques.

Salaries for establishments mediocre is:

waiters - 500...1,500 rubles per shift (you also leave them a tip), additionally, in order to save on cleaning the premises, waiters can delegate the functions of cleaners for an additional fee,
security and administrator - from 15,000 to 30,000 rubles per month,
hookah man - from 20 to 200 rubles per hookah.

Your establishment must be open every day, therefore, your staff must work in shifts due to the fact that according to the law, a working week should not exceed 40 hours. Therefore, in ideal conditions you should have 3 shifts in the following quantities for one shift:

from three to five waiters (for 25 tables),
from one to three hall guards,
one or two hookah men,
one administrator at the reception.

Their salary will be, for a 10-day period (1 shift):

3 waiters * 1000 rubles * 10 = 30,000 rubles;
1 security guard * 15,000 rubles = 15,000 rubles;
1 administrator * 25,000 rubles = 25,000 rubles;
1 hookah man * 20 rubles per hookah * 3 hookahs * 25 tables * 12/2 * 10 = 90,000 rubles.

In total, the salary for one shift will be 160 thousand rubles. Therefore, the wages of three shifts are equal to - 480 000 rubles per month.

Utility payments will be no more than 50…80 thousand rubles per month. Maximum rent for premises - 300,000 per month(at the rate of 2 tr. per m², in practice we have not seen more than 1.2 tr. per 1 m²).

Total income for 30 days, taking into account the deduction of the cost of hookahs - 3,150,000 rubles.

Expense for wages and utility bills - 480,000 + 80,000 + 300,000 = 860,000 rubles.

The net profit of a closed hookah club, at 50% occupancy, is 2.3 million rubles per month. Of course, these are ideal conditions, but even with 10-20% of the club’s occupancy (more than real conditions), net profit is up to 400 thousand rubles per month.

Video - details on how to open a successful hookah bar

Excise tax is an indirect tax included in the price of a product. Goods subject to such taxes include tobacco products, including hookah tobacco. All tobacco products sold within the Russian Federation must be marked with excise stamps (Chapter 22 of the Tax Code of the Russian Federation).

How is the excise tax on hookah tobacco regulated?

The Russian Federation occupies one of the leading places in the world in terms of the number of smokers. Every year hundreds of thousands of people die from smoking-related diseases in our country. This affects not only the fate of an individual citizen, but also the life of the entire country: the economy and demographic situation suffer. IN last years A craze for hookah smoking began. It is believed that it is less harmful than smoking cigarettes, although doctors do not agree with this.

The government is taking many steps to make tobacco less accessible to individual person, especially a child. The introduction of an excise tax on tobacco products increases their cost, reduces the purchasing power of smokers and makes tobacco virtually inaccessible to children.

Excise taxes on tobacco are regulated by the Tax Code of the Russian Federation and are paid by citizens carrying out transactions with excisable goods. These include:

exporters and importers;

Operations with excisable products include:

Import of tobacco.
Sales of products manufactured in the Russian Federation. Sale is the transfer of property rights through sale, gift or exchange in kind. Excise tax is paid only by the manufacturer.
Sales of confiscated and ownerless products that are subject to excise tax.
Transfer of excisable products (without ownership rights).

Excise tax is paid only by the manufacturer. On further movement of goods, for example, from a wholesale buyer to a retail buyer, no excise tax is due.

How to get it

Manufacturer of tobacco products ( individual entrepreneur or legal entity) must contact local tax authorities to receive excise stamps.

You need to provide:

application in the prescribed form;
report on the use of excise stamps.

Both documents must be certified with the seal and signature of the applicant. Documents are registered by tax officials and are considered no more than 3 working days: their reliability and compliance with administrative standards are controlled.

A positive answer is possible only on condition of advance payment and the location of the enterprise at the place of issue of stamps. Cash must be transferred to the Federal Treasury account. In the payment document, it is necessary to enter “payment for special stamps” in the “purpose of payment” item. When making a positive decision, tax service within 4 days from the date of filing the application is obliged to notify in writing (by mail or in person) the applicant that the stamps are at the manufacturing stage.
In case of a negative decision, the applicant must be notified of this within 4 days. In this case, the previously transferred funds must be fully returned within 3 working days.

If the decision is positive, the tax officer sends an application to issue stamps within 4 days. The production period for stamps should not exceed 18 days from the date of writing the application.

The finished stamps must be issued to the applicant no later than 25 days from the date of submission of the application. First, the stamps along with accompanying documents enter tax office. Then, within three days, the stamps are issued to the applicant if:

recipient's passport;
the applicant's power of attorney, if the recipient is an authorized person;
order of the head on the appointment of an authorized person (copy).

The applicant can receive special stamps on any day, even after the 25-day deadline. He is required to issue stamps on the day of application.

When importing tobacco, excise stamps are obtained from the authorized customs authorities.

Taxation of tobacco products, including hookahs, is discussed in this video:

How much does it cost

The Russian government annually increases excises. Since the beginning of 2017, the excise rate on all types of tobacco has also increased. Moreover, it will increase in the coming years:

2017 – up to 2500 rub. for 1 kg of tobacco;
2018 – 2700 rub. ;
2019 – 3000 rub.

An increase in the excise tax leads to an increase in the price of finished tobacco products by more than 10%, and by 2020 there will be a price increase of more than 30%. For example, a pack of hookah tobacco has risen in price this year by about 25 rubles.

Excise tax is paid within strictly established periods:

before the 30th of the month- for goods sold before the 15th;
until the 15th of the next month– for goods sold after the 15th of the current day.

To calculate the amount of excise, it is necessary to multiply the tax base by the excise rate. The value of the base depends on the legally fixed rate and is usually equal to the volume of imported or manufactured products, sometimes the base is the cost of products sold without excise taxes.

The calculation must be made at the end of each tax period (usually 1 month). Based on the results, a declaration is filled out and the tax is paid (no later than the 25th).

How to sell tobacco without excise tax

Currently, small tobacco kiosks, tents and online stores sell excise-free tobacco products. The turnover of illicit tobacco products exceeds the share of legal sales. Not available in the Russian Federation widespread practice application of administrative and criminal penalties for the lack of marking. Therefore, hookah bars throughout Russia continue to work with smuggled tobacco. Although the profit of hookah bars is so great that the use of excise products does not particularly reduce their income.

Stores selling legal tobacco earn much less profit. They do not have such wide opportunities as hookahs. As a result, the most conscientious sellers who sell only labeled products have the hardest time. The vast majority of hookah tobacco is imported from abroad and must be marked at customs upon import. The absence of stamps indicates that:

tobacco was smuggled in
no customs payments were made;
the goods are undeclared;
the products do not have a quality certificate.

This means that the tobacco is most likely of poor quality, could have been produced in inappropriate conditions, with a violation of technology, or it could be a completely rejected product. It is not economically profitable to import such tobacco through the official route, with the payment of all duties and taxes.

In addition, such tobacco is often produced in our country. It can be hazardous to health due to non-compliance with sanitary and hygienic standards and violations component composition tobacco. But selling such tobacco is very profitable for unscrupulous sellers. Low cost allows you to make huge profits.

What is the responsibility for this?

Administrative liability according to the Code of Administrative Offenses occurs in transactions with small quantities of tobacco products (Article 15.12):

Release of products or goods without appropriate labeling prescribed by the laws of the Russian Federation for the implementation of tax accounting, leads to the introduction of fines. Officials pay from 3 to 5 thousand rubles, legal entities - from 30 to 50 thousand. The law prescribes the confiscation of objects of an administrative offense.
The sale of products without excise stamps, their transportation, storage and purchase for commercial purposes leads to a fine and confiscation of products. The fine for citizens is 2000-2500 rubles, for officials - from 4 to 5 thousand rubles, for legal entities - from 40 to 50 thousand.
Criminal liability occurs in transactions with tobacco and tobacco products on a large scale (Article 171.1 of the Criminal Code of the Russian Federation).

The manufacture, purchase, storage, sale or transportation of tobacco by a citizen on a large scale without special marking provides for the following sanctions:

a fine of up to 200 thousand rubles or the amount of wages for 18 months;
forced labor (up to 3 years);
imprisonment up to 3 years and a fine of 80,000 rubles or the amount of other income for six months.

The same offense committed by a group of persons on a large or especially large scale provides for the following sanctions:

fine from 100 to 300 thousand rubles;
salary for 24 months;
forced labor (up to 5 years);
imprisonment for up to 6 years and a fine of 1 million rubles or income for 5 years.

Major damage is transactions with goods or products worth more than 1.5 million rubles. A particularly large size provides for a product cost of more than 6 million rubles.

An excise stamp must be affixed to a can or pack of tobacco. In addition, there must be an inscription about the dangers of tobacco. It is prohibited to import tobacco in packages larger than 0.5 kg. That is, all packages larger than 500 grams are excise-free.

Of course, for a hookah lover, it doesn’t make much difference what to smoke, excise or non-excise tobacco. Usually preference is given to the second one, since it is much cheaper. The customs rate and excise stamp make tobacco more expensive by more than 60%. But it should be remembered that in the latter case the risk of causing irreparable harm to your health is much higher.

The video below will tell you about responsibility for the illegal import of hookah tobacco:

In June 2014, a smoking ban law was passed. In addition to cigarettes, hookahs with tobacco mixtures were banned. All cafes, restaurants and nightclubs that received good profits from hookah sales had to close down their popular business. Entrepreneurs and guests began to question whether hookah bars were even legal.

In this article we will tell you how to legally open a hookah bar. What documents are needed for this and how to avoid fines.

Law on hookah bars in 2016: rules of the game

By law, hookahs with tobacco mixtures are prohibited from smoking in public catering establishments. The exception is hookahs with steam and tobacco-free mixtures. The problem is that they are not very popular among visitors.

But we are not talking about banning hookah bars. Is it legal to open a hookah bar? The answer is yes. However, now opening a hookah bar is much more difficult.

How to open a hookah bar legally in 2016?

What to consider when creating a hookah bar:

According to the law, hookah bars - these are closed clubs "of interest". The guests' interest is hookah. Some entrepreneurs advise making guests members of the club. This is rather a formality: first-time visitors are given a simple questionnaire in which they write that they know about the dangers of smoking. The form is needed for checks. Because the we're talking about about a closed club, it is not recommended to make a sign.
In the hookah bar you can't sell food and drinks. Guests can bring their own food or have it delivered. The main condition is the presence of receipts confirming that it was not you who made the sale. If you are thinking about how to organize a hookah bar legally, forget about selling food illegally. An acceptable alternative is vending machines.
Persons Those under eighteen years of age are prohibited from visiting hookah bars. Experienced managers recommend increasing the age limit to twenty-one years. All the same, this age category does not bring in much profit, and the noise from such companies disturbs the rest of the guests.
Necessarily install cash machine . For the whole Tobacco for hookahs must have excise taxes and labeling. If the lack of cash register equipment entails small fines, then non-excise tobacco is a serious violation.

Inspections of hookah bars have shown that Rospotrebnadzor can issue fines for violating these hookah bar rules. To understand how to organize a hookah bar, read new law about the smoking ban. Study all the judicial precedents: why hookah bars were fined in the country. Don't repeat other people's mistakes!

What documents are needed to open a hookah bar?

Due to the law banning smoking in public places, many entrepreneurs do not know what documents are needed to open a hookah bar and do they need a license? The list of documents is small, and you won’t have to obtain permits for a hookah bar.

How to legally register a hookah bar. Required documents:

Registration legal entity: Individual Entrepreneur or LLC
Lease contract
SES permission
Fire Inspectorate Permit

To open a hookah bar, you no longer need any specific documents. There is no special permit for hookah activities. It is usually confused with excise taxes on tobacco. It must have excise stamps and be stored in original packaging with an inscription warning about the dangers of smoking.

Officially, hookah bars do not exist as a separate type entrepreneurial activity. Which OKVED codes use to register it? Most often, entrepreneurs choose one or more of the following:

74.84 — Provision of other services
92.34.3 - Other entertainment and entertainment activities not included in other groups
92.72. Other recreational and entertainment activities not included in other groups

The more OKVED codes you indicate, the more accurately you can describe the scope of your activity, so that inspections do not have questions and you do not have to re-register the business or add codes. If possible, find out from the entrepreneurs who manage hookah bars how else you can register a hookah bar, what codes they use.

Where can I open a hookah bar?

Most often, entrepreneurs are worried about whether it is possible to open a hookah bar in a residential building or in mall. There are no direct prohibitions.

How to open a hookah bar in a residential building? The main thing is sound insulation, a powerful hood opening onto the roof and a separate entrance. If neither the smell of smoke nor your guests disturb the residents, the hookah bar is not breaking the law.

As a rule, inspections of hookah bars in residential buildings are carried out after complaints from residents. Make sure that the residents of the house have nothing against the business, and also that you will not disturb them in any way.

A hookah bar in a shopping center must meet the same standards. But remember that you cannot advertise it on the territory of the center. It is only legal to indicate information about the location of the business in the information block through the radio center of the shopping center.

It is best to locate your business in commercial real estate. This way you will avoid tenant dissatisfaction and frequent inspections.

Is it possible to advertise a hookah bar?

The hookah lounge law of 2016 prohibits any advertising of tobacco products. Print, television and online advertising of hookah lounges violates the smoking ban law. Since you can legally open a hookah bar only in the format of a closed club, even a bright sign is excluded.

From June 01, 2013, although a license is not required, however, sales are possible only in stores and pavilions. The store must be a building (or part of it), which is provided with special premises (commercial, utility, etc.). The pavilion should be a building with a trading floor and designed for one or more jobs.

The license for the sale of tobacco products is neither the law “On Licensing individual species activities” or the law “On Restricting Tobacco Smoking” is not provided for. Online sales are not currently prohibited. However, there are some restrictions that will need to be observed when selling tobacco, including remotely. First of all, tobacco, in accordance with paragraphs. 1 clause 1 art. 181 Tax Code of the Russian Federation, art. 4 of the Federal Law No. 268 of December 22, 2008 “Technical Regulations for Tobacco Products”, must be excise. This is a product subject to mandatory certification (there must be a certificate). If the tobacco is foreign, you need customs clearance documents (CCD). The main but quite feasible restrictions that concern you: Clause 9, Article 3 of the Law “On Restricting Tobacco Smoking” prohibits the retail sale of tobacco products, including pipe, smoking, chewing, sucking, sniffing, hookah tobacco, without consumer packaging. The maximum net weight of tobacco contained in consumer packaging and intended for retail sales, should not exceed 500 grams. Retail sale of tobacco products is prohibited in the following places: rehabilitation and sanatorium-and-spa services, on all types of public transport (public transport) of urban and suburban communication (including on ships when transporting passengers on intracity and suburban routes), in premises occupied by public authorities, local governments; 2) at a distance of less than one hundred meters in a straight line, excluding artificial and natural barriers, from the nearest point bordering the territory intended for the provision of educational services; 3) on the territories and premises (with the exception of duty-free shops) of railway stations, bus stations, airports, seaports, river ports, metro stations intended for the provision of passenger transportation services, in premises intended for the provision of housing services, hotel services , services for temporary accommodation and (or) provision of temporary residence, personal services (this clause comes into force from 06/01/2014, the rest listed from 06/01/2013).