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6 N.J.A.R. 278

Chateau Corporation, The v. Alcoholic Beverage Control, Division of
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Citation: 6 N.J.A.R. 278
Decision Date: 1982
Synopsis: Petitioner sought authorization under N.J.S.A. 33:1-12.39 to renew its plenary retail consumption license. The Division of Alcoholic Beverage Control argued that while petitioner may have diligently sought activation, the likehood of activation was so slight that an absence of 'good cause' under N.J.S.A. 33:1-12.39 has resulted. The administrative law judge found that the petitioner has expended considerable amounts of time and money to find a location for the license but had been unable to find a suitable location. The judge noted that while N.J.S.A. 33:12.39 was designed to halt the continuous renewal of a license which had no situs and was not actively used, these 'pockets licenses' might be renewed if good cause was shown. While the judge found that petitioner had not proven whether any ecomonic or political factor preluded operation of the license, peti- tioner had established a substantial reason justifying renewal by proving its good faith efforts to renew and by establishing a record which permited a conclusion that activation by someone else would be just as difficult as activation by petitioner. Accordingly, the administrative law judge concluded that petitioner had demonstrated good cause for the renewal of its license. Murray Laiks, Esq., for petitioner Christine H. Steinberg, Deputy Attorney General, for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney)
Statute(s) Cited: 33:1-12.39