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4 N.J.A.R. 153

North Brunswick, Township of; J.E.C., Inc. t/a Cheyenne Territory & Anasarca Corp., t/a Carolier Lanes v
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Citation: 4 N.J.A.R. 153
Decision Date: 1981
Synopsis: Pursuant to contract, J.E.C., Inc. agreed to transfer its 'Broad C' liquor license to Anasarca Corp. in exchange for Anasarca's 'Plain C' liquor license. The Township of North Brunswick denied per- mission for the exchange based on the fact that the exchange would concentrate four package stores in one portion of the Township. In addition, a Township Ordinance prohibited the transfer of a license within 1,000 years for any existing licensed premises. The administrative law judge found that the proposed transfer would not violate the 1,000 yard ordinance requirement since the 'portal-to-portal' measurement between two premises and any other licensed premises all exceed the distance requirement. The judge found that the Township's objection to the transfer on the basis that i I would concentrate four package stores in one area of the Township was not justifiable since both liquor licenses allowed for the sale of package goods. In addition, the judge found that there was a lack of any statute or ordinance concerning itself with the geographical distribution of package goods stores in the Township nor was there any master plan or other policy setting forth the number or type of liquor license in any area of the town. Accordingly, the administrative law judge ordered the approval of the exchange of plenary retail consumption licenses. Gilbert L. Nelson, Esq., for appellant, J.E.C., Inc. Lee Livingston, for appellant, Anasarca Corp. Edward J. Ryan, Esq., for respondent