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
- Conditional use site plan application
- Site plan / floor plan
- Statement of hours and alcohol-sales percentage
- Neighborhood notification
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
Answer a few questions about your space and get every permit in order, with a timeline, a cost range, walkthroughs, and every application filled in for you to sign with Open.
Last reviewed 2026-10-06. Guidance only, not legal advice.