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Conditional Use Permit (site plan) — late-hours alcohol use or Cocktail Lounge: Austin restaurant guide

City of Austin DSD / Planning Commission Confirm with the city

What it is

Austin's zoning treats some alcohol uses as conditional rather than permitted: a Cocktail Lounge (alcohol over 49% of revenue) is permitted by right only in CBD and conditional in several districts, and the City has processed restaurants that want a TABC Late Hours Certificate (sales after midnight) as a 'late hours permit use' needing a conditional use permit through the Planning Commission (e.g., case SPC-2025-0177A, April 2026). A CUP is a discretionary site-plan case with public notice and a commission hearing.

When a restaurant needs it

If your zoning review shows the late-hours or cocktail-lounge use is conditional at your address — confirm with Land Use Assistance before you sign the lease.

How to apply

File a conditional use site plan application in AB+C (your site-plan professional prepares it); DSD staff review, neighborhood notice, then a Planning Commission or Zoning & Platting Commission hearing.

Documents you’ll need

Fee
Varies — see DSD site plan fee schedule
Processing time
Months (notice plus a commission hearing)
Renewal
None, but conditions run with the use
Who files
Usually prepared by a site-plan consultant or architect for the owner.

Good to know

Which zoning districts make late-hours a conditional use is not stated on a City web page we could verify (it is in the Land Development Code) — treat this as a pre-lease question for DSD's free 20-minute land-use appointment.

Official source

Planning — zoning FAQs (Restaurant General vs Cocktail Lounge, conditional use) · DSD — site plans

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Last reviewed 2026-10-06. Guidance only, not legal advice.