AGD | Application Process
Read the application instructions prior to filling out the application and thoroughly review the application packet before submitting to AGD. You must make a copy of the Application Packet for your records, as this will be necessary for your Public Hearing with the Local Option District. Please note that all deposited fees are non-refundable.
The application process beginning to end should take approximately 120 – 150 days. Once your application has been received by the Alcohol and Gaming Division, it is assigned to a Hearing Officer and thoroughly reviewed. We believe that actively working with applicants offers the best opportunity to achieve our goal. The following lists the progressive steps of the AGD application process:
- Preliminary review of application – upon thorough review of your application, if there is anything lacking, you will receive a Notice of Deficiencies, that explains what must be provided to complete your application. Appointed Representative – If the applicant has submitted authorization with their application that they are represented by an attorney, broker, CPA, etc., your Representative will be contacted on your behalf
- Posting Request sent to DPS – Special Investigations Unit; Your Hearing Officer sends a request and the assigned Agent will contact you directly to post the Certificate at your establishment, which will remain posted for 20 consecutive days, prior to preliminary approval, as mandated by statute
- Notice of Preliminary Hearing – which must be held within 30 days of receipt of your application, as mandated by statute, you will be served Notice of the date and time of your preliminary hearing, with the name of the Hearing Officer assigned to your application. The hearing will be conducted in person or telephonically, you may inform your Hearing Officer of your choice.
- Notice of Publication – The Applicant is required to publish notice of the hearing in a local newspaper of general circulation, which allows the general public to submit letters of support or letters of objection to awarding the liquor license and these comments will then be forwarded to the Local Option District. Failure to publish notice of the hearing and to provide proof of publication within 48 hours of your hearing date to your Hearing Officer, will result in the cancellation and rescheduling of your preliminary hearing. Applicant is instructed to publish the Notice provided, in the legal section for one day, written directions are given.
- Notice of Deficiencies – lists the items necessary to correct or complete your application. The listed items in the Notice of Deficient Documents should be provided prior to the preliminary hearing, if possible and no later than at final review. Note: If the application is not completed in a timely manner, or supplemental information not provided timely, the application may be canceled
- At Preliminary Hearing – This is a public hearing, the application and supporting documentation will be read into the record; After your hearing, any remaining items should be completed and submitted within 10 days to avoid any delays in processing your application
- Issuance of Hearing Officers Recommendations, following the closing date of Posting, and reviewed by the Legal department, if required, you will be contacted to revise or supplement any documentation needed prior to receiving preliminary approval
- Review of Recommendations by Director for Preliminary Approval – Once the Director has reviewed the application and the Recommendations, your application will be forwarded to the local governing body in which you propose to conduct business
- Application forwarded to Local Option District and Public Hearing at Local Option District level – The local governing body is then required to publish notice of a hearing at the local governing body and to conduct a public hearing before the local governing body within 45 days of receipt.
- Decision by Local Option District rendered and forwarded to AGD– After your hearing with the local governing body, that governing body has 30 days to provide us with the signed documentation
- Notice to Applicant of Final Deficiencies and/or Licensing Fee – your hearing officer will contact you about any pending documentation needed and to finalize payment of the pending issuance of the liquor license
- Final Approval by Director – once your application is complete and payment made, the Director reviews all documents and once approved, the License is issued and you will receive a packet that includes your Liquor License, Resident Agent License, if applicable, and copies of Approved Floor Plan, Rules and Regulations, State Statutes and Mandatory Posters
Restaurant License Requirements
When applying for Restaurant (Beer and Wine) license, Menu must be submitted and it MUST meet the requirements of the Liquor Control Act. A license cannot be issued to an establishment serving only soups, salads, sandwiches and other fast foods. Note the following requirements:
- Only a full service restaurant serving at least three to four full meals/entrees will qualify for this type of license
- Must have a commercial kitchen and the employees necessary for preparing, cooking and serving meals
- Pictures of your establishment required, to include kitchen, prep area, dining area and storage area
- To qualify for Renewal of a Restaurant License, at least 60% of the gross receipts must come from the sale of food and no more than 40% may come from the sale of alcohol.
- A Restaurant License is non-transferrable from person to person or from location to location.