The law banning liqueurs in residential buildings: what is the essence and when will it work?

At the beginning of February, deputies of the Russian State Duma adopted in the third reading a law banning “nalivaki” in residential buildings. What is the essence of the law and when will it come into effect – in the Kommersant certificate.

What are “nalivayki”

The term “nalivika” is not defined legally. Popularly, “nalivayki” refers to cafes that operate as catering establishments (drink bars or beer bars) during the day, and sell alcohol as a retail store at night. As a rule, such cafes are located in residential buildings and have a small service area.

“Nalivayki” began to appear in July 2011 after the Russian State Duma banned retail sales of alcoholic beverages and beer after 11 pm. Some regions went even further and prohibited stores from selling alcohol after 10 or 9 p.m.

Traders started opening drinking establishments instead of shops because of a loophole in Russian legislation, according to which “retail sale of alcohol” and “retail sale of alcohol in the provision of public catering services” are considered different types of activity. As a result, a store under the guise of a cafe can sell alcohol during prohibited hours – after 23 pm for takeaway.

According to estimates by Alexander Spiridonov, Deputy Chairman of the State Duma Committee on Industry and Trade, in Moscow and the Moscow region, about 20% of “nalivakis” are open past midnight (for example, until 4 o’clock), another 5–6% are open around the clock.

What do “nalivayki” sell?

Most often, nalivayki sell beer and low-alcohol drinks, since such sales do not require a license from federal authorities.

The explanatory note to the new initiative states that in Moscow, out of 2.2 thousand catering establishments in apartment buildings, only 70 enterprises (3%) received a license to sell alcohol. In the Kurgan region, only 17 out of 167 objects (10%), in Bashkortostan – 296 out of 1198 objects (25%), in the Orenburg region – 46 out of 714 such objects (6%), in the Murmansk region – 412 out of 1359 (30 %), in the Penza region – 520 out of 1300 (40%). All other establishments “carry out retail sales activities that are not licensed.”

Why are “nalivayki” banned?

According to the Chairman of the State Duma, Vyacheslav Volodin, Russians living near nalivayki “fear for their children and suffer from the noise and disorder caused by visitors to such establishments.”

According to the monitoring of the “People’s Front”, most often people are dissatisfied with the work of the “nalivaki” in Arkhangelsk, Severodvinsk, Stavropol, Pyatigorsk, Moscow, St. Petersburg, Rostov-on-Don and Izhevsk.

What will change

Regions will be able to independently limit the trading hours of beer, cider, poire and mead in catering establishments in courtyards or on the ground floor of apartment buildings (the new rules will not apply to restaurants).

At the same time, the law prohibits the production of beer drinks from purchased beer and the addition of ethyl alcohol to alcohol, unless this is provided for by the requirements of state standards and technical regulations. The item was added after mass poisoning people by “Mr. Cider” in June 2023.

The new law expands previously taken measures against “nalivok”. Recently, the Russian parliament allowed the regions to prohibit the sale of strong alcohol in public catering establishments (only Chechnya and Ingushetia took advantage of this) and to regulate the size of the halls with tables and counters themselves. According to federal standards, the minimum area of ​​such a room is 20 square meters. m. According to legislators, there will be fewer “nalivaki” if regional authorities require owners to find halls of at least 30, 50 or 100 square meters. m.

When will “nalivayki” be banned?

The law will come into force after approval by the Federation Council, signing by the President of Russia and official publication.

At the same time, the State Duma asked the regions to report on the new rules by October 1, 2024. In the LPR, DPR, Zaporozhye and Kherson regions, a long transition period is provided – until January 1, 2025.