
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