Recently, national fast food restaurants and coffee shops, such as Taco Bell and Starbucks, have looked to expand their menu choices to include alcoholic beverages. Las Vegas may be a good market for this type of venture. However, there are some local laws that would have to be considered.
In Clark County (where the Strip is located), a standalone retail food business (i.e., not part of a resort hotel) might be able to obtain a liquor license to sell beer and wine products if it qualifies as a restaurant — hot meals served by wait staff with seating for 50 persons with any lounge area separated so that minors cannot access it. Another option is the category 2 restaurant, which requires seating for at least 12, but no more than 49% of meals sold can be pre-cooked or pre-packaged. However, a liquor license cannot be issued under either classification if the location has a drive-thru.
The City of Las Vegas (where Downtown is located), has a few separate liquor license classifications where this business model might be possible — restaurant service bar, beer/wine on-sale, or restaurant with alcohol (in which there is a separate lounge), but each has their own considerations.
Las Vegas residents might soon be enjoying a peppermint schnapps mocha or a beer and chalupa.
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.
