Alcohol in residential buildings. People's deputies want to ban alcohol markets in residential buildings of Omsk residents. Not everyone will survive

Surely, either you or your friends have come across a situation when a large-scale renovation suddenly begins on the ground floor of the house, which ends with the opening of a 24-hour store. Many people living in the immediate vicinity will definitely not like it.

Moreover, not the most pleasant company appears in the yard if, say, a bar opens in your house, which sells cheap beer.

It should be?

In fact, the conversion of a residential building into a commercial one is a completely legal operation. But for its implementation, it is necessary to comply with a number of laws and requirements. This includes a separate entrance that does not intersect with the entrances to the neighbors' apartments, and a complete agreement on the redevelopment of the premises, and the absence of neighbors living below.

All these are technical points that are taken into account by almost every businessman who decides to convert the purchased residential property into a commercial space in order to get the maximum benefit from it.

But there is another requirement, which is probably one of the most important - the consent of the residents of the house. In order to open any enterprise in the former apartment on the ground floor, be it at least a restaurant, at least a dental office, at least a private kindergarten, you must first receive the blessing of the people who live at this address, and not only neighbors, but also those who lives in a different entrance, on other, higher floors.

How is it done?

In an ideal world, of course, a businessman conscientiously fulfills all the conditions set for him and eventually opens his own, say, a bookstore, which is then happily visited by all the residents of a multi-storey building.

However, such a symbiosis of business and everyday life, unfortunately, is very rare in the real world, where instead of bookstores on the ground floors, they most often begin to sell alcohol, and residents have not even heard of the fact that something is opening in their house.

This becomes possible thanks to “holes” in Russian legislation that allow dishonest entrepreneurs to deceive both the state and ordinary residents, who then have to live next door to a noisy store that they didn’t even want to see nearby.

There are two most common ways to cheat. The first one is very simple, but fundamentally illegal: the businessman simply provides, in order to obtain permission to re-register the type of property, a fake protocol of the general meeting of residents, at which the majority of the residents of the house allegedly supported the opening of a convenience store in the former apartment.

The second one is a little more complicated and riskier from a businessman's point of view, but still illegal. This is where the general meeting of tenants is actually held. Apartment owners are even voting to convert the apartment into commercial property. But only instead of the pharmacy announced at the general meeting, a beer bar suddenly appears on the ground floor. This happens much less frequently, but it still happens.

All this is due to the fact that the law currently does not allow officials to verify the authenticity of the minutes of the general meeting of residents, and the forgery is detected too late.

What to do?

Someone decides to come to terms with what is happening, they say, “we will survive”, “we will get used to it”, “we will endure it”. Other residents unleash a real war against illegal construction. The main thing here is not to overdo it in your struggle and act strictly within the framework of the law. In this case, it is always ready to help a Russian citizen.

So, for example, residents of house number 21 on Berzarina Street acted. As soon as it became clear that the owners of apartment number two, located on the ground floor of a residential building, decided to convert their premises from residential to commercial, the residents applied to the nearest police station.

As a result of the audit, it turned out that overly enterprising businessmen provided deliberately forged documents. According to the fake minutes of the general meeting of residents, about 70% of the owners of the apartments in this building spoke in favor of opening a commercial enterprise on the ground floor instead of the former apartment number 2. The forgery was established thanks to numerous complaints from residents received by the Ministry of Internal Affairs.

As a result, criminal case No. 373587 dated 07/01/2014 was initiated on the fact that a knowingly forged document was submitted to the Department of Housing Policy and Housing Fund of the city of Moscow.

And this example is not isolated. There are dozens of stories about how residents of apartment buildings quite successfully fought against the violation of their own rights. The main thing is not to despair and trust our law enforcement agencies.

The government gave a negative response to the bill of the State Duma deputies, which proposed to ban the sale of alcohol in stores on the first floors of residential buildings. The document says that such a measure would reduce the number of outlets and could lead to an increase in the consumption of surrogate alcohol.

The Government Commission on Legislative Activities decided not to support the bill, which proposed to ban the retail sale of alcoholic products "in the built-in and attached non-residential premises of multi-apartment residential buildings." This follows from the official response to the project, signed by Deputy Prime Minister Sergei Prikhodko, who heads the commission, which Izvestia got acquainted with.

This bill was prepared by a group of State Duma deputies from the Communist Party, which included Valery Rashkin, Sergei Obukhov and Alexei Kornienko. They proposed to amend the 171-FZ "On state regulation of the production and circulation of ethyl alcohol ..." and give entrepreneurs a transitional period - the entry into force of the document was expected 180 days after its official publication.

The project is designed to reduce the walking distance of alcohol for citizens, as well as to reduce the number of cases of violation by persons in a state of intoxication, silence and public peace in residential buildings and on the adjacent territory, the explanatory note specified.

It was also indicated that, according to the Russian Ministry of Internal Affairs, every third crime (32.1%) registered in 2015 was committed while intoxicated.

The government response notes that the legislation does not define the concept of “built-in and attached (built-in-attached) non-residential premises of multi-apartment residential buildings” used in the amendments, which already complicates the practical application of the norm.

In addition, alcohol allows small shops to maintain their profitability and sell low-margin socially important goods such as bread and milk, the review says.

The government believes that the introduction of a ban on the sale of alcohol in stores in residential buildings "carries serious risks of the termination of the activities of bona fide business entities engaged in trading activities, which may lead to a reduction in the number of shopping facilities within walking distance." In addition, a decrease in the number of points of sale of alcohol "may lead to an increase in the consumption of illegal alcohol (surrogate)", the Cabinet of Ministers said in a letter.

Given the above, the government of the Russian Federation does not support the bill, - these words end the review.

In some subjects of the Russian Federation, the sale of alcohol in residential buildings is limited at the local level. For example, in the Amur Region, since April 2016, a law has been in force that allows the sale of alcohol in shops and cafes located in residential buildings until 21:00, and at stand-alone catering outlets - until 23:00.

According to the Center for Research on Federal and Regional Alcohol Markets (CIFRRA), in the regions, up to 85% of retail outlets selling alcohol are shops in residential buildings. At the same time, alcohol in such stores is about 10% more expensive than in chain retail, which allows you to keep lower prices for other categories of products. Sales of alcoholic beverages account for about 40–50% of the turnover of convenience stores.

There is no place for liquor stores in residential buildings, according to the Zaks and Smolny. In return for the closure of thousands of outlets, businesses are offered to open gyms and knit socks. Less income, but more public benefit.

The main target is wineries that sell alcohol at night under the guise of public catering, officials admitted. They not only break the law, but also interfere with the sleep of residents.

Petersburg parliamentarians first thought about banning liquor stores from opening the door to the front door of apartment buildings back in September 2017. As Denis Chetyrbok, Chairman of the Committee on Legislation, explained, each such store is a point of attraction for drink lovers. And the citizens literally overwhelmed the deputies with complaints about noise, fights and “openly criminal behavior”. It was also proposed to deprive businesses of the opportunity to sell alcohol in non-residential premises in courtyard areas if the entrance to them is located near the front doors.

In the autumn session, they did not have time to consider the project, and before the spring session it was sent for regulatory impact assessment. The opinion of entrepreneurs was decided to be heard at a meeting of the headquarters for improving the conditions for doing business on February 13. Those were categorical.

If the project is passed in its current form, the sale of alcohol in residential buildings will disappear completely, since all of them will fall under the new rules, said Olga Sergeeva, head of the Union of Small Businesses in St. Petersburg. This is 80% of all points selling alcohol in the Northern capital, Anna Shuvalova, a representative of the Fragrant World chain, estimated. The retailer himself did not accurately estimate his losses. “But one way or another, it turns out that alcohol stores will not be able to work either in the old fund or in new houses,” she explained.

More than a thousand retail outlets will have to close, including both counter-type stores and chain supermarkets, market participants estimated. This means the loss of several thousand jobs and taxes that business pays to the city.

For grocery supermarkets, which are also often located next to housing, the loss of the right to sell alcohol will be, if not fatal, then very tangible. In addition, the city will miss investments. So, at the end of last year, the Chelyabinsk network "Red and White" announced its intention to enter the market of St. Petersburg. In total, the company was going to open up to 500 points and considered as locations, including premises in residential buildings. “Let's not be rash,” said Valery Kiriyenko, a representative of the association of small enterprises Soyuz.

Not only small businesses will suffer, but also large enterprises. So, according to the calculation of the brewing company Baltika, such a blow to retail will lead to a reduction in production volumes, which means that the budget will receive less excises. The city's loss for Baltika alone will be about 60 million rubles, for the beer market as a whole - 100 million rubles a year, said Elena Azarenok, a representative of the company.

The picture did not make much of an impression on officials. “You’ve counted business losses well, but how do you measure people’s suffering?” - the head of the committee for the development of entrepreneurship and the consumer market, Elgiz Kachaev, philosophically approached the problem.
He urged businesses to make money not on the bad habits of citizens, but on a craving for a healthy lifestyle.

“You say “Red and White”… And instead of alcohol stores, they would open a thousand gyms, so that the white man comes in and the red one comes out,” he joked. The situation when there can be seven points selling alcohol in one house is also beyond good and evil. “Someone is engaged in sewing ties and socks, and someone resells alcohol. The benefits are different. Let's decide who we are for," he said.

To this, the entrepreneurs asked the authors of the initiative how, in fact, they are sure that it is the alcohol stores that are the source of the noise that the residents complained about. “According to my experience, the biggest source of noise is vegetable shops run by guests from neighboring republics who like to sort things out loudly,” Anna Shuvalova noted.

The representative of the Agency for Strategic Initiatives for the Promotion of New Projects, Oleg Dyu, suggested that it was not law-abiding stores that stopped selling alcohol after 10 p.m., but unscrupulous ones that sold strong drinks at night under the guise of public catering, were preventing Petersburgers from sleeping. Closing stores will not help the victory of a healthy lifestyle, he is sure. On the contrary, if there are no legal stores, the population will switch to moonshine, the production and sale of which is much more difficult to control.

Alcobars were the main target, Elgiz Kachaev confirmed. According to him, entrepreneurs who know their rights too well have "invited trouble on themselves" because they use it to violate the law. Back in October, Governor Georgy Poltavchenko puzzled the Committee for Entrepreneurship Development with the eradication of werewolf shops. However, catching them breaking the law is often problematic. According to the law, you can check only what is indicated in the complaint. And residents “often don’t know how to complain,” so they write about the noise.

Legislators are also concerned about another format, said Denis Chetyrbok. “Under the sign of a convenience store, there are points where 85% is alcohol of different quality and price category,” he said. There is no catastrophe in the fact that conscientious retailers will have to close with them. “Alcohol has become one of the most affordable commodities,” he lamented.

“Let’s close everything then!” - Elena Tsereteli, chairman of the public council for the development of small business under the governor, suggested ironically. "Come on!" - either jokingly or seriously agreed Ruslan Zeynalov, inspector of the 2nd department of the Center for organizing the application of administrative legislation of the Main Directorate of the Ministry of Internal Affairs of Russia for St. Petersburg.

The role of a “good investigator” was assumed by deputy Maxim Reznik, who said that there are opponents of such a radical bill in the Legislative Assembly, but they are in the minority. However, the parliamentarian urged the business community not to be silent about their problems and to communicate more actively with the people's deputies. Denis Chetyrbok supported his colleague and, as if by chance, mentioned that his visiting days are on Thursday, but so far only angry tenants come to visit. However, the parliamentarian gave entrepreneurs a glimmer of hope. According to him, parliamentarians can soften the law, for example, prescribe a radius from the entrance to the front door and, instead of a total ban, limit the time for selling alcohol.

Reference :

In the recent history of Russia, there have already been attempts to fight drunkenness with prohibitive measures. Thus, in the course of the anti-alcohol campaign of 1985-987, the state went to reduce income from alcohol and began to sharply reduce its production. The cost of a bottle of vodka rose sharply, a large number of shops selling alcohol were closed, and the time for its sale was limited. At the same time, alcohol-free weddings were promoted, so-called “sobriety zones” appeared, in which alcohol was not sold. Official statistics recorded a decrease in alcohol consumption. But the decrease in alcohol sales caused serious damage to the Soviet budget system. Mass dissatisfaction with the campaign and the economic crisis that began in the USSR in 1987 forced the Soviet leadership to curtail the struggle. Reports of the Ministry of Health about the decline in alcohol consumption in modern Russia are mainly due to the withdrawal of consumption into the shadow sector, experts say. According to the CIFRRA agency, almost half of the alcohol consumed in Russia is counterfeit, artisanal, or simply not intended for human consumption.

Galina Boyarkova
photo Viktor Bartenev/Interpress

The authorities of St. Petersburg discussed with entrepreneurs a bill banning the sale of alcohol in residential buildings. In response to the stormy protest of business, the deputies admitted that the initiative to ban was too radical.

Second discussion

Social activists presented the authorities with an opinion on a draft law banning the sale of alcohol in apartment buildings. Now the ban is proposed to be extended to shops, the entrance to which is on the same side as the front entrances. The draft on the ban was introduced in September, and by December it appeared on the website of the St. Petersburg Legislative Assembly marked "undergoing the first reading." The deputies then assured that the public discussion (assessment of the regulatory impact) took place, the business - that it did not exist and the project was "carried out unnoticed." As a result, the entrepreneurs achieved a public round table with deputies.

Elena Azarenok, manager for relations with the authorities of PK Baltika LLC, said that if the outlets that sell the company's beer are closed, the city budget may lose up to 60 million rubles from excise stamps. In early December, when the authorities presented the first version law with a complete ban on the sale of alcohol in residential buildings, the company estimated budget losses at 126 million rubles.Products are sold in more than 1 thousand city stores in apartment buildings.A network representative Anna Shuvalova adds that the city budget may lose about 12 million rubles in taxes "Aromatny Mir" network pays monthly. "The bill was prepared in such a way as to draw attention to the problem," Denis Chetyrbok, chairman of the legislative committee of the Legislative Assembly, said in response. “Alcohol has become one of the most affordable goods in the city, it makes up about 85% of the products of all convenience stores.” At the same time, according to the deputy, the authorities are considering options for mitigating the ban. For example, a maximum allowable distance from the entrance to the front doors to the store or reduced the time for the sale of alcohol of a certain strength.

For the benefit of residents

The head notes that the law primarily takes into account the interests of residents, not entrepreneurs. "Counting small business losses is good, but not enough in this situation," he says.

Deputies and officials note that the goal of the law is to reduce the number of offenses committed in courtyards. Entrepreneurs are sure that retail restrictions will not help this: according to the director of the Center for Research on the Federal and Regional Alcohol Markets (CIFRRA) Vadim Drobiz, the goal of a buyer of alcohol is usually not to buy a specific drink in a particular store, but to achieve the desired degree of intoxication. As a result, the revenue of stores that are located near residential buildings, but not in them, will increase. And not only small companies will suffer, but also network retailers. According to CIFRRA, in neighborhood supermarkets, alcohol makes up to 40% of revenue. But alcohol occupies a small share in the assortment of such stores, the maximum estimates are about 15%.

At the same time, the AP is considering the initiative of the St. Petersburg TTP, which proposes to extend the permitted time for the sale of alcohol by an hour. Federal law prohibits the sale of alcohol after 23:00; in St. Petersburg, the ban starts an hour earlier.

Select the fragment with the error text and press Ctrl+Enter

The initiative of the deputy Andriy Tkachuk has caused a stormy response from the people's deputies today. Recall that he advocates the transfer of outlets with strong alcohol and beer from the first floors of residential buildings. The restrictions will not affect stores larger than 400 square meters. At the same time, as Tkachuk emphasized, he has already found support from the speaker of the Legislative Assembly Vladimir Varnavsky.

« We have been nurturing this bill for 1.5 years, - the vice-speaker admitted. - We do not prohibit trading. We propose to move it from residential buildings to other premises. The only thing we strive for is that people have the opportunity to live peacefully in their own home. At the same time, our restrictions will not lead to the closure of a large number of outlets or their transfer to a counterfeit state.”

His colleague Alexei Provozin said that, in general, “the idea is sound,” but the ban on the sale of alcohol on the first floors of residential buildings is not a regional competence, but a federal one, and the State Duma needs to come up with an initiative.

“The problem is not solved by removing objects, - Sergey Drozdov is sure. - Today, night shops interfere with residents, they work and sell alcohol after 22:00. Just at this time, those who do not use, but thump, come. With this law, we will not remove this bukhalovo. Maybe, together with the public, we can connect and reach the federal level with a comprehensive solution to the problem.”

Yuri Fedotov also took the initiative and proposed, together with colleagues from the Legislative Assembly, representatives of the mayor's office and relevant ministries, to create a working group in order to consider the issues of alcoholization of the population broadly and comprehensively.

After a rather heated discussion, the deputies nevertheless supported Andrey Tkachuk's initiative. The City Council will send proposals to the Legislative Assembly of the Omsk Region to amend the law on regulating the retail sale of alcoholic beverages.

« We expect that before our project gets into the relevant committee of the Legislative Assembly, we will have time to hold consultations with social activists and the mayor's office. The project is not finalized yet, I admit it. It does not solve all problems, but so far we have only one task - to let people live in peace in their own home. We need to move retail outlets somewhere, let them be free-standing pavilions, for example,” Andrey Tkachuk summed up the discussion.

According to him, the transfer of alcohol stores from residential buildings is only the first step, which should encourage parliamentarians to solve the problem of alcoholization of the population in a comprehensive manner. In particular, in the future, preferences should be provided for businessmen who have abandoned the sale of alcohol in favor of goods that do not cause antisocial consequences.