St. Petersburg bar owners are facing uncertainty as new regulations concerning alcohol sales in establishments located in apartment buildings are set to take effect, potentially impacting hundreds of businesses. The regulations, commonly referred to as the “nalivaika” law, introduce a minimum service hall area requirement of 50 square meters for establishments to maintain their alcohol licenses and operate at night.
The key point of contention lies in how the service hall area will be calculated, specifically whether elements like cloakrooms, open kitchens, and bar counters will be included in the measurement. Businesses whose establishments risk losing their licenses or the ability to operate at night are trying to get specifics on how the cherished “50 square meters” will be calculated.
According to the new rules, starting September 1, establishments located in apartment buildings with a service hall area of less than 50 square meters will lose the right to sell alcohol. All establishments except restaurants will lose the right to work at night (from 22:00 to 11:00). They must also have a service hall area of 50 square meters and meet a number of other requirements. The final decision on whether establishments meet the criteria will rest with officials conducting on-site measurements.
The Committee on Industrial Policy, Innovation and Trade estimates that 200-300 catering establishments could be affected by the new law. The definition of “service hall area,” as stated in Federal Law No. 171, includes “specially equipped premises of a public catering facility intended for the consumption of ready-made culinary products, confectionery and (or) purchased goods, as well as for leisure activities, determined on the basis of inventory and title documents.” However, interpretations vary among officials and bar owners.
While the Committee on Industrial Policy initially suggested that areas behind the bar counter, open-type kitchens, stages, aisles, toilet rooms, and equipment for clothing storage would not be included in the calculation, the head of the Committee for Industrial Policy, Innovation and Trade indicated a more flexible approach, stating that “that part that is used by visitors” may be included in the service hall.
Bar owners fear that a strict interpretation of the law, excluding the bar counter and other guest-related areas, could significantly reduce the measured service hall area, potentially impacting a large number of establishments. Some estimate that up to 70% of catering establishments in apartment buildings could be affected.