Search Rutgers Law Library N.J. Court Opinions

1 Circus Liquors, Inc. v. Governing Body of Middletown Township -- rank: 1000

... May 6, 2009 LaVECCHIA, J., writing for a unanimous Court. N.J.S.A. 33:1-12.31 prohibits persons from holding a beneficial interest in more ... to an unrelated bona fide purchaser -- when enforcing compliance with N.J.S.A. 33:1-12.31. Middletown denied renewal for one of the licenses issued ... that Circus's ownership of three licenses was inconsistent with N.J.S.A. 33:1-12.31, and that Circus Liquors did not have a valid ... of a license that would constitute a continuing violation of N.J.S.A. 33:1-12.31. At the same time, the Director allowed Circus the ... arguing that the stay impermissibly allowed a continuing violation of N.J.S.A. 33:1-12.31. The Appellate Division agreed and reversed the Director's ... to enforce compliance with the two-license limit created by N.J.S.A. 33:1-12.31. The Act provides for fines and explicitly authorizes ...

docket:	a-25-08
court:
decided:	2009-05-06
status:
citation:
Document Size:	71677

2 DONG HO LEE v. EUN KYUNG PARK -- rank: 876

... is controlled by a "broad array" of statutes and regulations. N.J.S.A. 33:1-12.40(a). In 1985, the Legislature enumerated specific public policy ... conditioned upon the proper and continued qualification of the licensee." N.J.S.A. 33:1-12.40(c). Our decision in Fayette Fair Trade, Inc. v ...

docket:	a2273-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-27
status:	unpublished
citation:
Document Size:	81728

3 IN THE MATTER APPLICATION FOR RELIEF PURSUANT TO N.J.S.A. 33:1-12.18 FOR THE 2004-2005, 2005-2006 AND 2006-2007 LICENSE TERMS. BILLY'S SPORTS BAR, INC. -- rank: 873

... IN THE MATTER OF THE APPLICATION FOR RELIEF PURSUANT TO N.J.S.A. 33:1-12. 18 FOR THE 2004 -2005, 2005-2 006 AND 2006 ... petitioner did not file a timely renewal, as required by N.J.S.A. 33:1-12.13, N.J.S.A. 33:1-12.18 and N.J.A.C. 13:2-42.1 ... Id. at 36; N.J.S.A. 33:1-26. N.J.S.A. 33:1-12.13 provides a thirty-day grace period to allow a ... the Director between July 30 and September 28, pursuant to N.J.S.A. 33:1-12.18. The pertinent language of N.J.S.A. 33:1-12.18 states that the Director may issue a new ...

docket:	A1358-06
court:	NJ Superior Court Appellate Division
decided:	2008-02-20
status:	unpublished
citation:
Document Size:	50489

4 CAVALLARO 556 VALLEY STREET CORPORATION v. DIVISION OF ALCOHOLIC BEVERAGE CONTROL -- rank: 868

... the liquor license for 2000- 2001, and sought relief under N.J.S.A. 33:1-12.18, which permits the issuance of a new license under ... without legislative authority to consider any new license request, under N.J.S.A. 33:1-12.18, after September 28 of the year in which the ... a verified petition to the ABC Director, seeking relief under N.J.S.A. 33:1-12.18. After the Director denied petitioner's application for a ... file a renewal application after the new license term commences. N.J.S.A. 33:1-12.13. Thus, a licensee may renew its license by filing ... submit a late application between July 30 and September 28. N.J.S.A. 33:1-12.18. However, the municipal issuing authority may not act on ... license renewal application unless the ABC Director grants relief under N.J.S.A. 33:1-12.18. This statute provides, in pertinent part, that a ...

docket:	a5816-00
court:	njappellate
decided:	2002-05-16
status:	published
citation:	351 N.J. Super. 33
Document Size:	29022

5 STOCK ENTERPRISES INC v. GOVERNING BODY OF THE BOROUGH OF SAYREVILLE -- rank: 832

... adopt regulations to carry out the provisions of the Act, N.J.S.A. 33:1-12.38. On the whole, the Act broadly "'vests the Director ... one of the most highly regulated industries of the State[.]" N.J.S.A. 33:1-12.40(a). Indeed, "[i]t is the public policy of ... to protect the health, safety and welfare of its citizens[.]" N.J.S.A. 33:1-12.40(b) (emphasis added). Municipalities, as the "issuing authorities," also ... the ABC's expertise in interpreting its own enabling statute, N.J.S.A. 33:1-12.38, and implementing regulations, N.J.A.C. 13:21 ... license with broad package privileges. The relevant statutory provisions are N.J.S.A. 33:1-12 (denoting "plenary retail consumption license" as one type of license classification) and N.J.S.A. 33:1-12.23 (allowing plenary retail consumption license holders to sell ...

docket:	a5940-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-05
status:	unpublished
citation:
Document Size:	52194

6 CIRCUS LIQUORS, INC. v. GOVERNING BODY OF MIDDLETOWN TOWNSHIP -- rank: 830

... possessed in violation of the two-license limitation contained in N.J.S.A. 33:1-12.31 -- to retain the third license long enough to transfer ... Circus). The stockholders of Circus and Food Circus were identical. N.J.S.A. 33:1-12.31 prohibits any person from "acquir[ing] a beneficial interest ... expectation that Middletown would continue to permit this violation of N.J.S.A. 33:1-12.31, regardless of the allegation that Middletown had apparently overlooked ... application for renewal of the third license was mandated by N.J.S.A. 33:1-12.31, as the Director correctly held. See Grand Union Co ... 73 is ownership of more than two liquor licenses, as N.J.S.A. 33:1-12.31 makes abundantly clear. See Grand Union , supra , 43 N ... the basis for a perpetuation of the very abuse that N.J.S.A. 33:1-12.31 was intended to preclude. A seven-year ownership ...

docket:	A2294-06
court:	NJ Superior Court Appellate Division
decided:	2008-02-27
status:	published
citation:	398 N.J.Super. 220 941 A.2d 616
Document Size:	53658

7 IN THE MATTER APPLICATION OF: EL PISCIS, INC. -- rank: 819

... of the Division of Alcoholic Beverage Control denying relief under N.J.S.A. 33:1-12.18 and N.J.S.A. 33:1-12.39. We reverse and remand for further proceedings under N.J.S.A. 33:1-12.39. I. The pertinent facts and procedural history follow. On ... Consequently, the Division advised El Piscis to seek relief under N.J.S.A. 33:1-12.18. It stated that "[w]hen the Division reviews the ... 28, 2000, El Piscis filed its petition seeking relief under N.J.S.A. 33:1-12.39, permitting renewal of its inactive license for four license ... initial decision dismissing the petition for a special ruling under N.J.S.A. 33:1-12.18 for the 1999-2000 license term. The administrative ...

docket:	A1333-01
court:	NJ Superior Court Appellate Division
decided:	2002-12-04
status:	published
citation:	367 N.J. Super. 1 842 A.2d 170
Document Size:	18648

8 FAYETTE FAIR TRADE, INC. t/a CLUB 41 v. GOVERNING BODY CITY OF PERTH AMBOY -- rank: 778

... v. Schieffelin & Co. , 94 N.J. 400 , 412 (1983)). See N.J.S.A. 33:1-12.40a (stating the "retail alcoholic beverage industry is one of ...

docket:	A2429-06
court:	NJ Superior Court Appellate Division
decided:	2007-08-08
status:	published
citation:	395 N.J. Super. 453 929 A.2d 618
Document Size:	80921

9 OLGA PLATA v. DIVISION OF ALCOHOLIC BEVERAGE CONTROL -- rank: 775

... issuance of a new plenary retail consumption license pursuant to N.J.S.A. 33:1-12.18. We address here whether an applicant for relief under ... deadline.     We hold that an applicant for relief pursuant to N.J.S.A. 33:1-12.18. Consequently, petitioner's application to renew her license for ... deadline requiring that a Verified Petition for relief pursuant to N.J.S.A. 33:1-12.18 be filed with the Director by September 28 of ... file a Verified Petition deprived the director of jurisdiction under N.J.S.A. 33:1-12.18. The unambiguous language in N.J.S.A. 33:1-12.18 plainly describes the procedure an applicant seeking relief must ... we made it clear that "when an application [pursuant to N.J.S.A. 33:1-12.18] is made between July 30th and September 28th, ...

docket:	A4013-01
court:	NJ Superior Court Appellate Division
decided:	2003-05-06
status:	published
citation:	360 N.J. Super. 92 821 A.2d 542
Document Size:	17564

10 NORTH STAR SADDLE BROOK MANAGEMENT, L.L.C - v. GOVERNING BODY OF THE TOWNSHIP OF SADDLE BROOK -- rank: 772

... of the new license under the hotel/motel exception in N.J.S.A. 33:1-12.20. North Star also argues that the Township acted arbitrarily ... 1947, c. 94, §§ 1 to 9 (codified at N.J.S.A. 33:1-12.13 to -22). These statutory provisions have since been revised in certain respects not relevant to this dispute. N.J.S.A. 33:1-12.14 presently limits the number of new plenary and seasonal ... in a hotel does not compel a contrary result. Although N.J.S.A. 33:1-12.20(a) provides that "[n]othing in this act" precludes ... is the legislation initially enacted in 1947 and codified in N.J.S.A. 33:1-12.13 to -12.22, rather than the entire ABC Act ... Indeed, the phrase "[n]othing in this act" appears in N.J.S.A. 33:1-12.15 to -12.20 and each of these statutes ...

docket:	a3009-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-22
status:	unpublished
citation:
Document Size:	19851

11 DOLPHIN FATHER, LLC v. MUNICIPAL BOARD OF ALCOHOLIC BEVERAGE CONTROL OF THE CITY OF NEWARK -- rank: 769

... one of the most highly regulated industries of the State[.]" N.J.S.A. 33:1-12.40(a). "It is the public policy of this State ... to protect the health, safety and welfare of its citizens[.]" N.J.S.A. 33:1-12.40(b). Given these public policies, the ABC Act vests ... regulations to carry out the provisions of the ABC Act. N.J.S.A. 33:1-12.38. Despite the ultimate supervisory authority vested in the Director ... of the same class and type as the expiring license. N.J.S.A. 33:1-12.26; see also N.J.A.C. 13.2-1 ...

docket:	a4464-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-10
status:	unpublished
citation:
Document Size:	53625

12 IN THE MATTER OF THE XANADU PROJECT AT THE MEADOWLANDS COMPLEX -- rank: 739

... sell alcoholic beverages by way of a municipality-issued license, N.J.S.A. 33:1-12.14, when the sales will take place on State property ... Benihana violates the policy of the ABC Act. They cite N.J.S.A. 33:1-12.14, which limits the number of plenary retail consumption and ...

docket:	a2702-08
court:	superior court appellate division
decided:	2010-08-06
status:	Published
citation:	415 N.J. Super. 179 1 A.3d 747
Document Size:	131788

13 SHE-KEV, INC v. TOWNSHIP OF ROXBURY - -- rank: 720

... 2.10(b), and requesting a special ruling pursuant to N.J.S.A. 33:1-12.39. The ABC referred the matter to the Office of ...

docket:	a2702-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-21
status:	Unpublished
citation:
Document Size:	44019

14 IN THE MATTER OF THE APPLICATION FOR RELIEF PURSUANT TO clientID=446903&Depth=4&advquery=%2233%3a1-12%22&headingswithhits=on&infobase=statutes.nfo&rank=%20%20&record={1372A}&softpage=Q_Frame_Pg42&wordsaroundhits=10&zz= -- rank: 712

... IN THE MATTER OF THE APPLICATION FOR RELIEF PURSUANT TO N.J.S.A. 33:1-12. 18 FOR THE 2006 -2007 AND 2007-2008 LICENSE TERMS ... without a Special Ruling from the Director of the . . . ABC. . . . N.J.S.A. 33:1-12.18 permits the Director to issue a Special Ruling authorizing ... controlling legal principles, we find them to be without merit. N.J.S.A. 33:1-12.18 provides in pertinent part: Nothing in this act shall ... 2002), we held that the filing deadline set forth in N.J.S.A. 33:1-12.18 is mandatory and the ABC lacks authority to enlarge ...

docket:	a5581-07
court:	superior court appellate division
decided:	2009-08-12
status:	unpublished
citation:
Document Size:	38073

15 Nicholas Kalogeras v. 239 Broad Avenue, L.L.C. -- rank: 706

... alcoholic beverages for consumption on or off the licensed premises. N.J.S.A. 33:1-12.' It explained that the ABC Act 'generally provides that a ...

docket:	a-42-09
court:	supreme
decided:	2010-06-16
status:
citation:	202 N.J. 349 997 A.2d 943
Document Size:	56225