ABC-247 and Rule 61.4: residences within 100 feet of your premises
ABC-247 asks you to list every residence within 100 feet of your premises or its parking lot. Under Rule 61.4 a nearby home can block a new retail license — unless you show the business won't disturb it.
Updated 2026-10-03 · Not legal advice — always confirm with the agency.
What ABC-247 asks for
ABC-247, “Statement re: Residences”, asks you to list the address of every residence within 100 feet of your proposed premises, measured from the closest edge of the residential building to the closest edge of your building or your parking lot, whichever is closer. If there are none, you write “None”.
Rule 61.4 in plain English
Rule 61.4 (California Code of Regulations, Title 4, §61.4) says ABC won't approve the original issuance or a premises-to-premises transfer of a retail license when:
- the premises are within 100 feet of a residence, or
- the parking lot maintained for the premises' customers is within 100 feet of a residence.
Two exceptions matter:
- The rule doesn't apply if the premises were licensed and operated with the same type of license within the last 90 days.
- ABC can still issue the license if you establish that the business won't interfere with residents' quiet enjoyment of their property — usually by accepting conditions such as closing hours, no live entertainment or noise limits.
What counts as a residence
ABC defines a residence as a place where people actually live: a single-family home, condo, apartment, residential hotel or motel, or mobile home. Apartments above shops and live/work units count. A home in the same building as your premises counts too.
Your parking lot matters
The 100 feet is measured from your building or the parking area maintained for your customers. In a shared lot (a strip mall, for example), ABC considers the area your business needs to meet local parking requirements. A house behind the far end of your lot can be within 100 feet even when it's well away from your door.
Common questions
Does a residence within 100 feet mean my license will be denied?
No. It means you'll need to show the business won't disturb the residents, and you may receive conditions on the license. Knowing early lets you plan for it — or choose a different site before signing a lease.
Do I list the residents' names?
No — ABC-247 asks for addresses only.
What if the building next door has apartments above a shop?
List it. Upstairs apartments are residences, even in a commercial building.
Is ABC-247 the same as the 500-foot resident notice?
No. ABC-247 lists residences within 100 feet for ABC's own review. The 500-foot notice (ABC-207-E) is a separate requirement to mail a notice to every resident within 500 feet.