The variables involved in attaining an independent restaurant liquor license in Clark County, seem rather daunting.
From the process in reaching the licensing committee to the decision freedoms the committee has by legal right. Each step in the process is a barrier to entry and that does not include the fees involved.
So, why is it difficult to attain a liquor license and
who does the process benefit?
Marketing Management Business Plan_My Sweet Creations
Clark County Liquor Licensing
1. THE CLARK COUNTY LIQUOR LICENSING PROCESS FOR AN INDEPENDENT RESTAURANT
An Entrepreneur’s Perspective
by
David Harold Moore
2. • CLARK COUNTY LIQUOR LICENSING •
As an aspiring restaurateur, the variables involved in attaining an independent restaurant liquor
license in Clark County, seem rather daunting. From the process in reaching the licensing committee
to the decision freedoms the committee has by legal right. Each step in the process is a barrier to
entry and that does not include the fees involved. So, why is it difficult to attain a liquor license and
who does the process benefit?
THE FIRST STEPS
Before even beginning the liquor licensing process a location within the county must be secured and
zoned for commercial use. A restaurant business license must be applied for; which entails a $78.00
application fee ($150 fee for a supper club business license) and a $45 filing fee for each category. The
required categories include:
• A Business License Application (which is the blue Nevada Registration Form)
• The Business License Supplement (included on the blue Registration Form)
• Workers Compensation (Proof of Mandatory Industrial Insurance Requirements)
All employers must obtain industrial workers’ compensation insurance from the
State Industrial Insurance System as required by Chapter 616 of the Nevada Revised
Statutes.
• Nevada Department of Taxation (Mandatory proof of clearance by State of Nevada
Department of Taxation is required prior to acceptance)
• Secretary of State Certificate (A certificate of good standing or Articles of
Incorporation with current list of officers after filing with the Secretary of State of
Nevada, Commercial Filings Division)
• Fictitious Firm Name (The form must be completed and notarized prior to filing
with the Clark County Clerk’s Office - the original and two copies must be
submitted for a fee of $15)
3. Other requirements involved:
• Audits (retain financial records - periodic audits are required per Clark County Code)
• Current Planning (confirmation that the business is approvable at chosen location)
• Health Permit (proof of application at the Clark County Health District is required)
• Fire Department (if storing or using any hazardous materials or waste, the fire
department must be notified and proper permits applied for)
Per Clark County Code 6.04.090, the restaurant business license must be approved or denied within
45 working days (9 weeks) from acceptance of a complete application by the Clark County Department
of Business License. In addition, all inspections must be completed with sufficient time for license
approval. And finally, Clark County does not accept general business license applications until nine
weeks prior to the business opening date.
As the first steps show, opening a restaurant business is not for the weak of heart or the weak of
mind. According to the current applications forms, the tally is up to $390 for the registration fees and
filing fees of a supper club business license. This does not include the liquor licensing fees as of yet.
THE LIQUOR LICENSE
Before discussing the fees involved in the liquor license application, the types of restaurant liquor
licenses must be explained.
THE TAVERN LICENSE
This License permits a lounge or bar operation where alcoholic liquors are sold at retail by the drink
to the general public. Minors are not permitted entry into taverns. If the tavern has a restaurant
operation, minors may be permitted into the restaurant portion of the business if there is a physical
barrier between the bar and/or lounge and the restaurant which is sufficient to prevent minors from
entering the bar area. No tavern liquor license will be granted unless the main entry door of the
4. prospective tavern is more than 1500 feet away from the main entry door of the nearest existing
tavern licensee. One tavern liquor license may be granted to an applicant located in a commercial
center (defined as a concentration of retail stores, including an anchor retail store larger than 20,000
square feet, that share a common parking lot, with a covered land area of at least 80,000 square feet
under one roof, sitting on at least 10 acres of land).
THE SUPPER CLUB LICENSE
This license permits a restaurant to have a bar and/or lounge operation where alcoholic liquors are
sold at retail by the drink to the public. The restaurant must have seating for at least fifty people at
tables or booths, and minors may be permitted into the restaurant portion of the business if there is a
physical barrier between the bar and/or lounge and the restaurant which is sufficient to prevent
minors from entering the bar area. Seating at the bar and in the lounge is dependent upon the
number of seats at table or booths in the restaurant. If the restaurant has seating for under 190
people, the bar can have one seat for every 15 restaurant seats and the lounge can have one seat for
every five restaurant seats. For restaurant with over 190 seat the bar can have one seat for every eight
restaurant seats and the lounge can have one seat for every three restaurant seats. Supper Clubs are
monitored by periodic audits by the Department of Business License to ensure that the food
operation is the main business and not the bar/lounge operation. Supper Clubs must keep their sales
records for three years and give receipts to customers that show their food and liquor purchases
separately. Supper Clubs must maintain food sales at least 55% of the gross sales as compared to the
sale of alcoholic liquor.
THE SERVICE BAR LICENSE
This license allows for the retail sale and service of liquor by the drink only in hotels, lounges,
casinos, time-share facilities or dining table or booths in restaurants. It does not permit sales direct to
customers at a bar. This license if for establishment where drinks are served to customers at a bar.
This license is for establishments where drinks are served to customers by cocktail witnesses or
5. waiters away from a regular bar. Restaurants which have only a service bar are permitted to serve
alcoholic beverages only at dining tables and booths and only in conjunction with regular meals
ordered by restaurant patrons.
THE RETAIL BEER AND WINE LICENSE
This license permits the sale of beer and wine in open containers for consumption on premises. It is
permitted in a billiard parlor, hospital, a nine-hole minimum golf course, a restaurant with 50 or
more seats and a sandwich shop which has seating for at least twelve but less than 50 patrons. It is
not permitted in fast food establishments, and if served at a lunch-counter, that portion of the counter
where alcohol is served must be physically separated from the rest of the counter to prevent access
thereto by minors.
All locations within 1500 feet of Churches, the nearest entry to School property and the customer entrance to
teenage dancehalls are unsuitable locations for liquor licenses. In addition, public hearings may be
conducted to allow for liquor licenses in grocery stores, drugstores, banquet-reception halls,
convenience stores, convention pavilions, sandwich shops, restaurants, resort hotels, supper clubs,
time-share facilities, tournament billiard clubs and non-profit organizations.
6. THE LIQUOR LICENSE APPLICATION PROCESS
The business license process is much less involved when compared to the liquor license process. For
a full-service restaurant, one is required to pay a liquor filing fee of $50 and a quarterly fee of $600. In
a full-service restaurant a supper club or a tavern license in addition to a service bar license is required.
That is two licenses at $300 a quarter or four times a year. There are other requirements as well.
TAVERN DISTANCE RESTRICTIONS
It is unlawful for a liquor licensee to sell, serve, give away or distribute any of the alcoholic liquors
within 1500 feet of any entry to school property (gate, door, driveway, etc.) or church, teenage
dancehall, or other tavern licensed location.
SUPPER CLUB REGULATIONS
Restaurant and bar operated with seating capacity to serve a minimum of 100 or more, serving full
course meals, number of bar seats allowed are in ratio to the number of restaurant seats. Separation
barrier between bar and restaurant areas is required. Restaurant operation shall be principal
business, gross revenue shall be a minimum of 55% of food sales and no more than 45% of alcohol
sales.
ALCOHOL AWARENESS TRAINING
Any establishment selling alcoholic liquor pursuant to either a package or retail license shall ensure
that each person selling or serving such alcoholic liquor is certified as having completed the
approved training course (averages $50 per person). Clark County Code 8.20.055
CURRENT PLANNING
This type of business has special zoning requirements. Current Planning Division must review the
completed business licensed application & supplement and indicate “ready to apply” prior to
acceptance at the Clark County Department of Business License. (*ALL DOCUMENTS MUST BE RETURNED
IN DUPLICATE AND FEES PAID A THE TIME OF FILING OF ALL DOCUMENTS.)
7. The following documents must be submitted to the Clark County Department of Business License in
duplicate and notarized where requested:
• Nevada Registration Form
• Application for Clark County Liquor License
• Signed Lease
• Escrow Instructions
• Purchase Agreements
• Management Agreements
• Employment Contracts
• Bulk Sales Affidavit
• Organizational Documents
For example: A Partnership must have an executed copy of the agreement,
organizational flow chart, description of organizational structure.
• Copy of Certificate of Fictitious Firm Name form filed with Clark County Clerk
• Las Vegas Metropolitan Police Department Authorization to release personal
information.
• Two copies of birth certificate or naturalization papers of each applicant.
• Two recent passport size, color photographs of each applicant.
• Two copies of military discharge, if applicable.
• Clark County Business License Waiver signed and witnessed.
And finally a fourteen page personal history questionnaire and a fourteen page personal financial
questionnaire that requires a $175 per person investigation fee deposit, a $45 per person processing
fee, and a $39 per person fingerprinting fee.
8. The investigation fee deposit is used against the charges incurred during the investigation of each
applicant. This means that if the costs incurred during investigation exceed $175 then the company
must pay whatever the police department requires to attain the liquor license. There is not limit.
So, without the investigation fee going over the deposit amount, it would cost over $2000 for a two
person partnership to attain a liquor license and then it would cost another $2,400 a year to maintain
that same license.
WHY?
8.20.010 Declaration of Policy: It is found and declared that the public health, safety, moral and welfare of
the inhabitants of the county outside the incorporated cities and towns, both within and without the
unincorporated cities and towns, require the regulation and control of all persons engaged in, associated with,
or in control of, the business of liquor sales. All such persons, as defined in this chapter, shall be licensed and
controlled so as to protect the public health, safety, morals, good order and general welfare of the inhabitants of
the county outside the incorporated cities and towns both within and without the unincorporated cities and
towns and to safeguard the public. It is further found and declared that the right to obtain such license is a
privilege and that the operation of such liquor sales facility, when authorized by such license, is a privileged
business subject to regulations, and that the license may be revoked for violation of the conditions of this
chapter.
So, the reason behind all of these barriers to entry is to insure the well being of all the county’s
inhabitants and to insure the moral character of those running such establishments are of a good
nature. The committee that finalizes all liquor licenses have been given the authority to deny any
application based upon 8.20.010b6 which states that the board may deny a license upon their
discretion for any other and sufficient reason. So, the question is and always will be, who is to judge
what is a good moral person? Or, who is to judge?
9. CONCLUSION
If one does not have the patience to plow through the endless details of starting a new business, then
recognize that one should not go any further, because business is filled with numerous tiresome and
boring details from the first day to the last, and if you cannot handle them, or refuse to deal with
them at least until you can hire others to handle them, then one does not have a chance to succeed, so
throw in the towel right now or bite the ear of one’s opponent so someone will throw in the towel for
you.
All Information from the Clark County Business License Department and Chapter 8.20 of the Clark
County Liquor License Code for 1997.