Opening a Convenience Store in North Dakota: Licenses & Permits

North Dakota allows beer, wine and liquor at convenience stores and gas stations, with a design rule you won't find in many states: the alcohol area must be walled off from the rest of the store. Alcohol and tobacco both need state and local licenses. Below is who issues what, and how each rule shapes the store you design.

Licenses and permits at a glance

Fuel tanks: DEQ

The Department of Environmental Quality regulates tanks under NDAC chapter 33.1-24-08:

• Notice: file the notification form within 30 days after bringing a tank into use, with the installer's certification. Refile within 30 days of any change, including ownership.
• Construction: tanks and piping installed or replaced after January 1, 2009 must be secondarily contained with interstitial monitoring. Replacing piping means the whole run.
• Operators: Class A, B and C operators, with A and B trained within 30 days. At least one operator must be on site during operation; unattended card-lock sites post a sign instead.
• Fund: the Petroleum Tank Release Compensation Fund (PTRCF) reimburses 90% of eligible costs between $5,000 and $155,000 and 100% from $155,000 to $1 million. Registration is mandatory every year at $150 to $300 per tank, and the cycle moves to February through January from 2027.

Alcohol: state and local licenses

Every retailer needs two licenses: a state license from the Attorney General's Licensing Section and a local license from the city, county or tribe. Apply four to six weeks ahead with a floor plan showing coolers and storage, health and fire inspection reports and your lease or deed.

• State fees: in cities over 500 people, renewal is $100 for beer only or $200 for beer plus liquor and wine, and $50 or $100 elsewhere.
• Local fees: set by ordinance, from $50 to $500 for beer and $200 to $2,000 for liquor. Local governments may cap the number of licenses and set hours.
• Walled-off area: if the building is primarily a gas station, grocery or convenience store, the licensed area must be shown on a blueprint and separated from the rest of the store by a wall that lets staff serve customers on both sides.
• Under 21: a licensee may not let anyone under 21 remain on the licensed premises while alcohol is sold or displayed.
• Hours: no sales from 2 a.m. to 8 a.m., none on Christmas Day or after 6 p.m. on Christmas Eve, and no off-sale on Thanksgiving after 2 a.m.
• Tax: alcohol carries a 7% gross receipts tax in place of sales tax.

Tobacco and vapes

The Attorney General issues a dealer license for $15 per outlet a year, July 1 to June 30, covering cigarettes, tobacco and electronic smoking devices. Display it in the store. Cigarette brands must be on the Attorney General's directory.

• No self-service displays of tobacco, vapes or nicotine products. A display case behind locked doors doesn't count as self-service. Tobacco specialty stores are exempt.
• Age 21, which also applies to kratom. Selling kratom needs a separate Attorney General license, $10,000 at first.

Food service: HHS or a local health unit

The Department of Health and Human Services' Food and Lodging Division licenses most of the state, and eight local health units, including Fargo Cass, Bismarck Burleigh and Grand Forks, license their own areas. Submit the application and plans at least 30 days before construction, and allow up to 30 days for review. The plan review fee is half the annual fee. In 2026, a retail food store under 2,500 sq ft is $230 the first year and $130 after; a store that also serves food is $280 and $180. Kitchen hood suppression plans need fire acceptance before installation.

Sales tax, fuel pumps and lottery

• Sales tax: apply to the Office of State Tax Commissioner 30 days before opening. Permits can't be transferred, so a buyer of an existing store needs a new one. The rate is 5% plus local taxes, and food is exempt.
• Fuel pumps: there's no pump license. The Public Service Commission charges a $20 test fee per retail motor fuel device, and a device can't be used until it's paid. Testing happens at least every 24 months.
• Lottery: the North Dakota Lottery sells multistate draw games only, with no scratch tickets. The application fee is $50, plus credit and record checks, and the first-year license is $500. Commission is 5%, with minimum sales of $250 a week. The store provides counter space, a dedicated electrical circuit for the terminal and visible space for the jackpot sign.

What this means for your store design

• Wall off the alcohol area. Plan a pass-through or shared counter so staff can serve both sides, and show it all on the blueprint. See convenience store sizes and the cooler wall planner.
• Staff the alcohol area with adults. Under-21s can't remain in licensed premises while alcohol is sold.
• Put tobacco, vapes and kratom behind the counter or in locked cases.
• Plan the hood and food plans together. Food plans are due 30 days ahead, and hood suppression needs fire approval first. See food service build-outs.
• Run a dedicated circuit for the lottery terminal, and skip scratch-ticket dispensers.

Local approvals

Your city or county also controls zoning, building permits, fire inspections, signs and the local alcohol license. Our construction checklist covers the local steps.

For North Dakota store design, see convenience store design in North Dakota and walk-in cooler services in North Dakota.

Sources

• North Dakota DEQ, UST program and notification form; NDAC chapter 33.1-24-08; DEQ, Petroleum Tank Release Compensation Fund; NDCC chapter 23.1-12.
• NDCC chapter 5-02 (§§5-02-01 to 5-02-09) and §57-39.6-02; Attorney General, retail alcoholic beverage license and state application.
• NDCC chapters 57-36, 12.1-31 and 51-38; Attorney General, tobacco licensing and directory.
• HHS Food and Lodging, starting a food business, 2026 fee schedule and areas of jurisdiction; Insurance Department, new construction fire plans.
• Office of State Tax Commissioner, sales and use tax; NDCC chapter 57-39.2 and chapter 64-02; Public Service Commission, weights and measures.
• North Dakota Lottery, retailers, application instructions and general information.

This page summarizes official sources as of October 2026. It is not legal advice. Fees and rules change, so confirm each one with the agency before you apply.