Why Alcohol Law Starts with Zoning

Before signing a lease or finalizing a siteplan, every operator should consider a fundamental question: Is the property legally zoned for an alcohol use under local zoning regulations? This single issue can determine whether a concept proceeds on schedule or becomes mired in delays.

When most people think about alcohol law, they often picture the final stage of approval, obtaining the license, determining what can be served, and understanding sales and marketing restrictions. However, one of the most significant legal barriers can start with zoning.

County and municipal zoning laws govern how land may be used within a municipality and determine whether alcohol sales are permitted at a specific location. These laws may restrict sales near schools, houses of worship, or residential districts, and often regulate spacing between similar establishments. Even highly experienced operators frequently overlook this step during the leasing process and may find their business plans blocked if the site is not properly zoned for the intended alcohol use.

Without a clear understanding of the zoning framework, operators risk committing to long-term leases for properties where their core business activities may not be permitted.

In high-growth regions such as Miami, Tampa, and Orlando, where hospitality development is accelerating, these zoning issues are surfacing more frequently. Mixed-use projects and evolving hospitality models, including rooftop bars and hybrid retail venues, often fall outside traditional land-use categories. Without a clear understanding of the zoning framework, operators risk committing to long-term leases for properties where their core business activities may not be permitted.

We frequently counsel clients to start with a zoning feasibility review. We’ve seen operators invest heavily in build-outs or leases only to discover that their proposed use violates a distance separation or falls outside the scope of the property's allowable uses. In these cases, a special exception or rezoning may be possible but the process can involve public hearings, city commission votes, and opposition from neighbors. 

Aside from zoning use regulations, many municipalities have adopted operational regulations that affect how alcohol can be served, particularly in response to public safety concerns. For example, there is a municipal trend toward enacting new restrictions on service hours and implementing mandatory security protocols for certain late-night venues, especially those with a history of compliance violations. These measures are distinct from zoning use regulations but may still impose material conditions on business operations that may have a substantive influence on site location. 

For restaurant and entertainment venue operators, these evolving standards carry direct legal and business implications. Zoning and related ordinances can impact lease value, investor confidence, buildout feasibility, insurance requirements, and long-term strategy. In today’s regulatory environment, zoning is an inflection point that can determine the viability of the entire venture.  Accordingly, zoning and alcohol service regulation review is a necessary step in developing any business plan relating to the sale of alcohol beverages for either on or off premise consumption.