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1 CLUB 35, L.L.C v. BOROUGH OF SAYREVILLE -- rank: 1000

... Club 35 contends the ordinance is preempted by an offense, N.J.S.A. 2C:33-27, that is part of the New Jersey Code of Criminal ... 9A to -9A.5. As does its counterpart Code offense, N.J.S.A. 2C:33-27, the ordinance regulates a practice commonly known as BYOB â ... the Code offense and ordinance at issue on this appeal. N.J.S.A. 2C:33-27, provides: a. No person who owns or operates a restaurant ... premises" where it is permitted by the Code offense. Like N.J.S.A. 2C:33-27, Sayreville's counterpart ordinance regulates BYOB in unlicensed premises. The ... would be clear that the Sayreville ordinance is preempted by N.J.S.A. 2C:33-27 under the rules stated in N.J.S.A. 2C ... class of commercial unlicensed premises, such as restaurants. Additionally, because N.J.S.A. 2C:33-27 does not address BYOB in unlicensed premises where a ...

docket:	a5932-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-14
status:	published
citation:	420 N.J. Super. 231 20 A.3d 451
Document Size:	29495