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The California ABC 247 form plays a crucial role in the licensing process for establishments seeking to serve alcoholic beverages. This form, required by the Department of Alcoholic Beverage Control, focuses on the proximity of the proposed premises to residential areas. Applicants must provide a list of all residences located within 100 feet of their establishment, ensuring that the distances are measured directly from the closest edge of the residential structure to the nearest edge of the business or its parking lot. If there are no residences nearby, the applicant simply indicates "None." Additionally, the form includes a section for the applicant's signature, affirming the accuracy of the information provided. Misleading or false information may lead to application denial or license revocation. The guidelines set forth in Rule 61.4 of the California Code of Regulations emphasize the importance of maintaining a peaceful environment for residents, which is a key consideration in the licensing process. The form not only facilitates compliance with state regulations but also serves as a means for applicants to demonstrate their commitment to being considerate neighbors.

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State of California Edmund G. Brown Jr., Governor

Department of Alcoholic Beverage Control

STATEMENT RE: RESIDENCES (RULE 61.4)

Applicant: Please complete left side of form, then sign. List addresses of all residences within 100 feet of your proposed premises. If there are none, write “None.” Measure all distances by direct line from the closest edge of the residential structure to the closest edge of your structure or parking lot, whichever is closer. Your “parking lot” includes any area that is maintained for the benefit of your patrons or operated in conjunction with your premises. Continue on reverse if needed.

1.APPLICANT NAME

2.PREMISES ADDRESS (Street number and name, city, zip code)

 

3. RESIDENCES WITHIN 100’

 

 

 

DEPARTMENT USE ONLY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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NON-INTERFERENCE (For Department Use Only)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I acknowledge that any false, misleading or omitted information required in this statement may constitute grounds for denial of application for the license, or if the license is issued in reliance upon information in this statement which is offered, false or misleading, then such misinformation or omission will constitute grounds for revocation of the license so issued.

4. APPLICANT SIGNATURE

DATE SIGNED

ABC-247 (rev. 01-11)

INFORMATION AND INSTRUCTIONS

Rule 61.4, Chapter 1, Title 4, California Code of Regulations states:

No original issuance of a retail license or premises-to-premises transfer of a retail license shall be approved for premises at which either of the following conditions exist:

(a)The premises are located within 100 feet of a residence.

(b)The parking lot or parking area which is maintained for the benefit of patrons of the premises, or operated in conjunction with the premises, is located within 100 feet of a residence. Where the parking lot is maintained for the benefit of patrons of multiple businesses in the vicinity of the premises, the parking area considered for the purpose of this rule shall be determined by the area necessary to comply with the off-street parking requirements as mandated by the local ordinance, or if there are no local requirements for off-street parking, then the area which would reasonably be necessary to accommodate the anticipated parking needs of the premises, taking into consideration the type business and operation contemplated.

Distances provided for in this rule shall be measured by airline from the closest edge of any residential structure to the closest edge of the premises or the closest edge of the parking lot or parking area, as defined herein above, whichever distance is shorter.

This rule does not apply where the premises have been licensed and operated with the same type license within 90 days of the application.

Notwithstanding the provisions of this rule, the department may issue an original retail license or transfer a retail license premises-to-premises where the applicant establishes the operation of the business would not interfere with the quiet enjoyment of the property by residents.

A residence is defined as a place where people actually live, such as a single family home, condo, residential hotel or motel, or mobile home.

A determination must be made as to whether or not your proposed premises is located in an area as described above. In order to make such determination, it will be necessary for you to complete the front of this form, to be submitted at the time you file a formal application.

If you can establish that your business will not disturb the residents, your license may be issued subject to appropriate conditions.

ABC-247 (rev. 01-11) REVERSE

Form Specifications

Fact Name Detail
Governing Law The ABC-247 form is governed by Rule 61.4, Chapter 1, Title 4 of the California Code of Regulations.
Purpose This form is used to disclose the locations of residences within 100 feet of the proposed premises for a retail license.
Applicant Responsibilities Applicants must complete the left side of the form and provide accurate addresses of all nearby residences.
Distance Measurement Distances must be measured in a direct line from the closest edge of the residential structure to the closest edge of the applicant's structure or parking lot.
False Information Consequences Providing false or misleading information may lead to denial of the application or revocation of an issued license.
Signature Requirement Applicants must sign and date the form, affirming the truthfulness of the information provided.
Exemption Clause If the premises have been licensed within the last 90 days, the distance rule may not apply.

California Abc 247: Usage Guidelines

Completing the California ABC 247 form is an important step in the application process for a retail license. This form requires you to provide information about your proposed premises and any residences nearby. It’s essential to accurately measure distances and list all relevant addresses, as this information plays a critical role in determining whether your application can proceed.

  1. Obtain the Form: Download or print the California ABC 247 form.
  2. Fill Out the Applicant Name: Write your full name in the designated area at the top of the form.
  3. Enter the Premises Address: Fill in the street number, street name, city, and zip code of your proposed premises.
  4. Measure Distances: Identify all residences within 100 feet of your premises. Measure the distance in a straight line from the closest edge of the residential structure to the closest edge of your premises or parking lot.
  5. List Residences: For each residence identified, fill in the corresponding information in the spaces provided, including the name of the resident, distance from your premises, and any separation factors.
  6. Indicate 'None' if Applicable: If there are no residences within 100 feet, clearly write “None” in the appropriate section.
  7. Sign the Form: At the bottom of the form, sign and date it to confirm that the information provided is accurate and complete.

After filling out the form, it must be submitted along with your formal application for a retail license. Ensure that all information is accurate and complete to avoid delays or complications in the application process.

Your Questions, Answered

What is the purpose of the California ABC 247 form?

The California ABC 247 form is used to gather information about residences located within 100 feet of a proposed premises for a retail alcohol license. This information is crucial for determining whether the issuance of the license would interfere with the quiet enjoyment of nearby residents. The form requires applicants to list all residential addresses within the specified distance and to provide measurements from the closest edge of the residential structure to their premises or parking lot.

Who needs to fill out the ABC 247 form?

Any applicant seeking a retail alcohol license in California must complete the ABC 247 form. This includes businesses looking to open new locations or transfer existing licenses. It is essential for applicants to accurately disclose all residential properties within 100 feet of their proposed business to comply with state regulations.

How should distances be measured on the form?

Distances should be measured in a direct line from the closest edge of the residential structure to the closest edge of your premises or parking lot. The measurement should take into account which distance is shorter. This ensures compliance with the regulations that prohibit the issuance of licenses if the premises or parking area is within 100 feet of a residence.

What happens if I provide false information on the form?

Providing false, misleading, or omitted information on the ABC 247 form can lead to serious consequences. If the information is found to be inaccurate, it may result in the denial of your application for a retail alcohol license. If a license is issued based on false information, it could later be revoked. It is vital to provide truthful and complete information to avoid these outcomes.

Are there any exceptions to the 100-foot rule?

Yes, there are exceptions to the 100-foot rule. If a premises has been licensed and operated with the same type of license within the last 90 days, the rule does not apply. Additionally, if the applicant can demonstrate that their business operation will not disturb the residents, the Department of Alcoholic Beverage Control may still issue a license under specific conditions.

What types of residences are considered under this rule?

Residences include any places where people live, such as single-family homes, condominiums, residential hotels or motels, and mobile homes. The definition is broad to ensure that all types of living situations are considered when assessing the potential impact of a new alcohol retail business on the surrounding community.

Common mistakes

  1. Incomplete Address Information: Applicants often fail to provide complete addresses for all residences within 100 feet. This can lead to delays or denials in the application process.

  2. Incorrect Measurement of Distances: Many people do not measure distances accurately from the closest edge of the residential structure to their premises. It’s crucial to measure by direct line to ensure compliance with regulations.

  3. Failure to List All Residences: Some applicants mistakenly believe that they only need to list certain residences. All residences within the specified distance must be included, or the application may be considered incomplete.

  4. Omitting "None" When Applicable: If there are no residences within 100 feet, applicants sometimes forget to write "None." This omission can create confusion and may lead to processing issues.

  5. Neglecting to Sign the Form: A common error is failing to sign the form. Without a signature, the application is not valid and cannot be processed.

Documents used along the form

The California ABC 247 form is an essential document for those applying for a retail license involving alcoholic beverages. Alongside this form, several other documents are often required to ensure compliance with state regulations. Below is a list of related forms and documents that may be necessary during the application process.

  • ABC-Application for Alcoholic Beverage License: This primary application form outlines the details of the business, including ownership, type of license sought, and operational plans.
  • ABC-Application for Temporary License: Used when an applicant needs a temporary license to operate while the permanent application is being processed. This allows for immediate business activities.
  • Local Approval Form: This document is often required to show that local authorities have approved the business location and its compliance with local zoning laws.
  • Proof of Right to Occupy: This may include a lease agreement or property deed, demonstrating that the applicant has the legal right to occupy the premises where the business will operate.
  • Background Investigation Form: Required for all individuals involved in the business, this form gathers personal information for a background check to ensure suitability for holding a license.
  • Public Notice of Application: A notice that must be posted publicly to inform the community of the application for a new license, allowing for public feedback or objections.
  • Environmental Impact Review: This document assesses any potential environmental concerns related to the business operation, ensuring compliance with state and local environmental regulations.
  • Insurance Certificate: Proof of liability insurance coverage is often required to protect the business and patrons in case of accidents or incidents on the premises.

Completing these forms accurately and submitting them in a timely manner is crucial for a smooth application process. Ensuring all documentation is in order can significantly improve the chances of obtaining the necessary licenses and permits to operate your business successfully.

Similar forms

  • California ABC 208 Form: Similar to the ABC 247, this form also requires applicants to provide information about their premises and nearby residences. It focuses on the applicant's qualifications and any potential impacts on the community.
  • California ABC 214 Form: This document is used for a similar purpose, as it gathers details about the proposed business location and its proximity to residential areas. Both forms aim to assess the suitability of a business license in relation to nearby homes.
  • California ABC 221 Form: Like the ABC 247, this form addresses concerns regarding noise and disturbances that may arise from a new business. It includes questions about the applicant's plans to minimize disruptions to local residents.
  • California ABC 240 Form: This form focuses on the applicant's background and history, similar to the ABC 247's requirement for transparency about the business's impact on nearby residences. Both documents are crucial in evaluating the applicant's suitability for a license.
  • California ABC 263 Form: This document is used for notifying local residents about a proposed business. It shares similarities with the ABC 247 in that it aims to ensure community awareness and address any concerns from nearby residents.

Dos and Don'ts

When filling out the California ABC 247 form, it is important to follow certain guidelines to ensure accuracy and compliance. Below is a list of dos and don’ts.

  • Do complete the left side of the form thoroughly.
  • Do measure distances accurately from the closest edge of the residential structure to your premises.
  • Do list all residences within 100 feet of your proposed premises.
  • Do sign and date the form before submission.
  • Don't leave any sections blank; if there are no residences, write “None.”
  • Don't provide false or misleading information, as this may lead to denial or revocation of your application.
  • Don't forget to consider the parking lot as part of your premises when measuring distances.

Misconceptions

Misconceptions about the California ABC 247 form can lead to confusion for applicants seeking a retail license. Here are four common misconceptions:

  • Misconception 1: The form only requires the listing of nearby residences.
  • In reality, the ABC 247 form mandates that applicants measure and report the distance from their proposed premises to all residences within 100 feet. This includes any residential structures, not just those directly adjacent to the property.

  • Misconception 2: The distance is measured from the property line.
  • Applicants often believe that the distance is measured from the property line. However, the regulation specifies that distances must be measured by direct line from the closest edge of the residential structure to the closest edge of the applicant's premises or parking lot.

  • Misconception 3: The form is optional if there are no residences nearby.
  • Some applicants think they can skip the form if no residences exist within the specified distance. This is incorrect. The form must still be completed, and if there are no residences, the applicant should simply write “None.”

  • Misconception 4: The application will be approved regardless of the information provided.
  • It is a common belief that the application process is merely procedural. In fact, providing false or misleading information can lead to denial or revocation of the license. Accuracy and honesty are crucial when filling out the ABC 247 form.

Key takeaways

Key Takeaways for Filling Out the California ABC 247 Form:

  • Complete the left side of the form, providing your name and the address of your proposed premises.
  • List all residences within 100 feet of your location. If there are none, simply write “None.”
  • Measure distances by a direct line from the closest edge of the residential structure to your premises or parking lot.
  • Ensure that all information is accurate. False or misleading information can lead to denial or revocation of your license.