How To: Obtain Local Zoning Permit Approval
Before issuing a liquor license to you, the California Alcoholic Beverage Control
Department requires that you obtain any zoning permits that may be required by your
city government (or county government, if in an unincorporated area) for the privilege
of selling alcoholic beverage on the property itself. These zoning permits are generally
called Conditional Use Permits (otherwise known as a 'CUP').
Very Important: A zoning permit is different from a liquor license.
A liquor license is issued by the state to the owners of the business to allow the
sale of alcoholic beverages at a given location. A zoning permit, however, is issued
for the land itself and generally stays with the property after a business changes
ownership.
Once you have selected a business location for your liquor license, you will likely
need to obtain a zoning permit from your city that allows you to sell alcoholic
beverages at your property. In most cities and counties, the planning or zoning
department issues zoning permits.
Do I need a zoning permit? To find out if your local government
requires a zoning permit for the sale of alcoholic beverages at your location:
- First, determine if you are in an incorporated city or in outlying, unincorporated
county area.
- Next, contact the planning, community development, or zoning department of your
local city or county and ask to speak with a planner. Give the planner the address
of your business location. Explain that you need to know if a zoning permit is required
for the particular type of ABC liquor license that you are interested in (e.g on-sale
beer & wine, off-sale full liquor). The planner will research the location's
zoning information and tell you if a zoning permit is required for your location.
If a zoning permit is required, you will need to prepare and file zoning application
with the city or county. This requires the drafting of specialized
maps, careful research, notification of local residents of your application, negotiation
and the preparation of a written application. You may also need attend a public
hearing before a zoning administrator, zoning board or local governing body (such
as your city council) where you will need to make a case to your community as to
why your business should have the right to sell alcoholic beverages, and answer
any questions or objections that may be raised by planning staff, neighbors or local
community groups.
When filing your liquor license application, ABC will require that you file a 'Zoning
Affidavit' (ABC form 255) where you tell ABC whether your local city or county does
or does not require a zoning permit for your location. If a zoning application is
required, ABC prefers to receive documentation that you have either filed for, or
been approved for, a zoning application. The ABC investigator assigned to your liquor
license application will confirm the information that you entered on your zoning
affidavit to ensure that your license is not issued in violation of local zoning
ordinances and that your Conditional Use Permits application, if required, has been
approved.
This step is critical, because ABC will issue you a license only if you have
the necessary zoning permit for your property. If you are denied a
zoning permit, you can’t get a liquor license. Because this is so critical,
most people want professional help for this step. Contact us in order to receive
help with this this service. We have
26
of experience aiding business owners like yourself in obtaining zoning permits,
conditional use permits, minor use permits, and variances.
Next: Finding a California Liquor License
>>
Or choose from among the following topics:
Give us a call today 1‑800‑711‑2114 x350 to discuss your project.
Ask for our licensing expert, Jon Mejia, who has over 26 years of experience with
California liquor license applications.