Get California Abc 247 Form

Get California Abc 247 Form

The California ABC 247 form is a crucial document required by the Department of Alcoholic Beverage Control for applicants seeking a retail license. This form helps assess whether the proposed premises are located within 100 feet of any residences, which is essential for compliance with state regulations. To ensure a smooth application process, complete the form accurately and submit it with your application by clicking the button below.

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The California ABC 247 form plays a crucial role in the process of applying for a retail alcohol license. It is designed to ensure that new establishments do not negatively impact nearby residents. The form requires applicants to provide their name and the address of their proposed premises. Additionally, it asks for a list of all residences located within 100 feet of the proposed site. If there are no nearby residences, applicants must simply indicate "None." This measurement is taken in a straight line from the closest edge of the residential structure to the closest edge of the applicant's premises or parking lot. The form also emphasizes the importance of accurate information, as any false or misleading details can lead to denial or revocation of the license. Understanding these requirements is essential for applicants, as compliance can significantly influence the approval process. By gathering this information upfront, the California Department of Alcoholic Beverage Control aims to balance business interests with the rights of residents to enjoy their homes peacefully.

California Abc 247 Preview

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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DISTANCE

 

SEPARATION FACTORS

 

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NAME

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

Document Data

Fact Name Details
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 residences located within 100 feet of a proposed premises for a retail license.
Applicant Requirements Applicants must complete the left side of the form and sign it before submission.
Distance Measurement Distances are 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.
Non-Interference Clause The form includes an acknowledgment that false or misleading information may lead to denial or revocation of the license.
Residences Definition A residence is defined as a place where people live, including single-family homes, condos, and mobile homes.
Parking Lot Inclusion The term "parking lot" encompasses areas maintained for patrons, which may affect distance measurements.
Previous Licensing The rule does not apply if the premises have been licensed and operated with the same type of license within the past 90 days.
Business Operation Conditions The department may issue a license if the applicant can demonstrate that the business will not interfere with residents' quiet enjoyment of their property.

How to Use California Abc 247

Filling out the California ABC 247 form is a straightforward process. This form requires you to provide specific information about your proposed premises and any nearby residences. Once completed, you will submit the form as part of your application. Here’s how to fill it out step by step.

  1. Start with the left side of the form. Enter your name as the applicant in the designated space.
  2. Provide the premises address. Fill in the street number and name, city, and zip code where your business will be located.
  3. List residences within 100 feet. Measure the distance from the closest edge of the residential structure to the closest edge of your premises or parking lot. If there are no residences within 100 feet, simply write “None.”
  4. Fill in the details for each residence. For each residence, include the name, distance in feet, and any separation factors if applicable. You can continue on the reverse side of the form if needed.
  5. Sign and date the form. Your signature confirms that the information provided is accurate and acknowledges the consequences of any false or misleading information.

Once you have completed these steps, you will be ready to submit the form along with your application. Ensure that all information is accurate to avoid any issues with your application process.

Key Facts about California Abc 247

What is the California ABC 247 form?

The California ABC 247 form is a statement that applicants must complete when applying for a retail alcohol license. It specifically addresses the proximity of residential properties to the proposed premises. The form is designed to ensure that new alcohol establishments do not negatively impact nearby residents.

Who needs to fill out the ABC 247 form?

Any applicant seeking a new retail alcohol license or a transfer of an existing license must complete the ABC 247 form. This includes businesses like bars, restaurants, and liquor stores that are located near residential areas.

What information is required on the form?

Applicants must provide their name, the address of the proposed premises, and a list of all residences within 100 feet of the premises. If there are no residences nearby, the applicant should write "None." Distances must be measured in a straight line from the closest edge of the residential structure to the closest edge of the proposed premises or parking lot.

Why is the 100-foot rule important?

The 100-foot rule is crucial because it helps protect residents from potential disturbances caused by alcohol-related businesses. If a proposed premises is too close to a residence, it may not receive approval for a license. This rule is in place to ensure a balance between business interests and community well-being.

What happens if there are inaccuracies on the form?

Providing false, misleading, or omitted information on the ABC 247 form can lead to serious consequences. If inaccuracies are discovered, the application may be denied, or if a license is granted based on incorrect information, it could be revoked later. Honesty is essential when completing this form.

What is the definition of a residence in this context?

A residence is defined as a place where people actually live. This can include single-family homes, condominiums, residential hotels or motels, and mobile homes. The definition is broad to encompass various living arrangements that may be impacted by nearby alcohol establishments.

Can a license still be issued if the premises are within 100 feet of a residence?

Yes, a license may still be issued if the applicant can demonstrate that their business will not interfere with the quiet enjoyment of the property by residents. This determination is made on a case-by-case basis and may include conditions to minimize potential disturbances.

What should applicants do if they need more space to list residences?

If applicants require more space to list all residences within 100 feet, they can continue on the reverse side of the form. It is essential to provide complete and accurate information to avoid complications with the application process.

What are the consequences of not completing the form correctly?

Failure to complete the ABC 247 form correctly can result in application delays or outright denial. The Department of Alcoholic Beverage Control relies on this information to assess the potential impact of a new alcohol establishment on the surrounding community.

Where can I find more information about the ABC 247 form?

Additional information about the ABC 247 form and the application process can be found on the California Department of Alcoholic Beverage Control's official website. It's advisable to review all guidelines and requirements before submitting the form to ensure compliance.

Common mistakes

Filling out the California ABC 247 form can be straightforward, but many people make mistakes that can lead to complications. One common error is failing to measure the distance accurately. The instructions clearly state that distances should be measured by a direct line from the closest edge of the residential structure to the closest edge of your premises or parking lot. If you do not follow this guideline, you risk providing incorrect information, which could jeopardize your application.

Another frequent mistake is neglecting to list all residences within 100 feet of the proposed premises. It is essential to include every applicable address. If there are no residences, you must write “None.” Omitting this information can be interpreted as an attempt to mislead the Department of Alcoholic Beverage Control. Such omissions may result in denial or revocation of your license.

People also often overlook the requirement to sign the form. The applicant's signature is not just a formality; it indicates that you acknowledge the consequences of providing false or misleading information. Without a signature, your application may be considered incomplete, leading to delays or outright rejection.

Lastly, misunderstanding the definition of a residence can lead to mistakes. A residence is not limited to single-family homes; it includes condos, residential hotels, and mobile homes. If you fail to recognize this broader definition, you may not account for all relevant properties, which could affect your application negatively. Always ensure you understand the terms used in the form to avoid unnecessary complications.

Documents used along the form

When applying for a retail alcohol license in California, several forms and documents may accompany the California ABC 247 form. Each of these documents serves a specific purpose in the application process. Here’s a brief overview of some commonly used forms and documents.

  • ABC-210 Form: This form is the application for an original license. It collects essential information about the applicant, the type of license requested, and the premises where the business will operate.
  • ABC-221 Form: This is a request for a temporary license. It allows applicants to operate while their permanent license is being processed, ensuring they can start business sooner.
  • ABC-400 Form: Used for a change of ownership, this form is necessary when a business changes its ownership structure. It helps maintain accurate records of who is responsible for the business.
  • ABC-100 Form: This form is for the application of a new license for a corporation or limited liability company (LLC). It includes details about the business entity and its officers or members.
  • Local Approval Form: Often required by local jurisdictions, this document shows that the local government has approved the business license application. It may include zoning clearances or other local requirements.
  • Character References: These are letters from individuals who can vouch for the applicant's character and suitability for holding a liquor license. They provide additional assurance to the licensing authority.
  • Financial Disclosure Documents: These documents provide insight into the applicant's financial situation. They help the licensing authority assess the applicant's ability to operate a business responsibly.

Gathering these forms and documents is crucial for a smooth application process. Each piece of information contributes to a clearer picture of the proposed business and its potential impact on the community.

Similar forms

The California ABC 247 form is essential for applicants seeking a retail alcohol license. It gathers information about nearby residences to ensure compliance with local regulations. Several other documents serve similar purposes in different contexts. Below is a list of six documents that share similarities with the ABC 247 form:

  • California ABC 208 Form: This form is used to apply for a new alcohol license. Like the ABC 247, it requires the applicant to provide information about the proposed location and its proximity to residential areas.
  • California ABC 221 Form: This document is for a change of ownership of an alcohol license. It also addresses nearby residences, ensuring that the new owner complies with the same distance regulations as outlined in the ABC 247.
  • California ABC 100 Form: This is the application for a temporary alcohol license. Similar to the ABC 247, it requires information about the location and its surroundings, including nearby residences.
  • California ABC 203 Form: This form is used for a premises-to-premises transfer of an alcohol license. It shares the requirement of listing nearby residences to assess compliance with distance regulations.
  • California Conditional Use Permit Application: This document is required for businesses that wish to operate in certain zoning areas. It often includes a section on the impact of the business on nearby residences, akin to the ABC 247's focus on residential proximity.
  • California Environmental Impact Report (EIR): While broader in scope, an EIR assesses the potential impacts of a proposed project, including its effects on nearby residential areas. It parallels the ABC 247 in evaluating the relationship between a business and its residential neighbors.

Dos and Don'ts

When filling out the California ABC 247 form, it's essential to approach the task with care and attention to detail. Here are some guidelines to help ensure a smooth process:

  • Do complete the left side of the form fully before signing.
  • Do list all residences within 100 feet of your proposed premises accurately.
  • Do measure distances in a straight line from the closest edge of the residential structure to your premises or parking lot.
  • Do write “None” if there are no residences within the specified distance.
  • Don't provide false or misleading information, as this can lead to denial or revocation of your license.
  • Don't overlook the importance of signing and dating the form, as it is a required step in the application process.

By following these dos and don'ts, applicants can help facilitate a more efficient review process and increase the chances of a successful application.

Misconceptions

Understanding the California ABC 247 form is crucial for anyone applying for a retail license. However, several misconceptions can lead to confusion and potentially jeopardize an application. Here are six common misconceptions:

  • Misconception 1: The ABC 247 form is only for new applicants.
  • This form is not limited to new applications. It is also required for premises-to-premises transfers of retail licenses. If you are moving your business, you still need to submit this form.

  • Misconception 2: Only residential properties within 100 feet need to be listed.
  • Applicants must list all residences within 100 feet, regardless of the number of homes or their types. This includes single-family homes, condos, and even mobile homes.

  • Misconception 3: Measuring distance is subjective.
  • Distance must be measured in a specific way—by a direct line from the closest edge of the residential structure to the closest edge of the applicant’s premises or parking lot. This ensures consistency and fairness in the application process.

  • Misconception 4: If no residences are nearby, the form is unnecessary.
  • Even if there are no residences within 100 feet, applicants must still complete the form and write “None.” This is essential for the Department of Alcoholic Beverage Control to process the application accurately.

  • Misconception 5: The form can be submitted without a signature.
  • A signature is required on the ABC 247 form. This signature acknowledges that the applicant understands the implications of providing false or misleading information, which can lead to application denial or license revocation.

  • Misconception 6: The form is irrelevant if the business has operated previously.
  • While the rule does not apply if the premises have been licensed and operated within the last 90 days, the form is still necessary for any changes or new applications. Always check the current regulations to ensure compliance.

Addressing these misconceptions is vital for a smooth application process. Properly completing the ABC 247 form can significantly impact the success of obtaining a retail license.

Key takeaways

Here are some key takeaways about filling out and using the California ABC 247 form:

  • Complete the Left Side: Fill out the left side of the form with your information before signing.
  • List Nearby Residences: Include all residences within 100 feet of your proposed premises. If there are none, simply write “None.”
  • Measure Distances Accurately: Measure the distance from the closest edge of the residential structure to the closest edge of your premises or parking lot.
  • Define Your Parking Area: Your parking lot includes any area maintained for patrons or operated with your premises.
  • Sign and Date: Ensure you sign and date the form at the bottom to validate your submission.
  • Understand Non-Interference: Be aware that false or misleading information can lead to denial or revocation of your license.
  • Know the Rules: Familiarize yourself with Rule 61.4, which outlines the conditions under which your application may be approved.
  • Consider Resident Impact: If you can demonstrate that your business will not disturb residents, your license may still be granted under certain conditions.