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1 N.J.A.R. 284

Wall, Township Committee of the Township of; A.H.S. t/a Royal Manor v
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Citation: 1 N.J.A.R. 284
Decision Date: 1979
Agency: DIVISION OF ALCOHOLIC BEVERAGE CONTROL
Synopsis: A.H.S., Inc. appealed from the Township's imposition of various conditions upon the renewal of its license for the 1979-1980 term. These conditions were: 1) that alcoholic beverages be sold only in connection with the operation of a restaurant on the licensed premises; 2) that alcoholic beverages be sold only to patrons seated at tables in dining room areas; and 3) that no rock music be played on the premises. The Township had imposed the conditions due to complaints of overcrowding, excessive noise and fights in the parking lot. The administrative law judge found that only the condition restricting service to patrons seated at tables was a reasonable one since the evidence supported a need to avoid overcrowding. However, the condition that drinks be served only in connection with the operation of a restaurant was found to be unreasonable, since uncontradicted testimony established that the location and building were not suitable for the opening of a restaurant. The administrative law judge ruled that although the Township might have discontinued the liquor license altogether, it could not grant a license under conditions which could not reasonably be satisfied. The condition banning all rock music was also found to be unreasonable, since no attempt was made to limit the prohibition to definable terms. Thus, only the Township's limitation of service to seated patrons was found to be valid. Warren W. Wilentz, Esq., for Appellant (Wilentz, Goldman and Spitzer, Attorneys) John Jay Mangini, Esq., for Respondent (Mangini, Gilroy and Cramer, Attorneys)
Rule(s) Cited: 13:7-14.1 
Citation Tracker modified-Div. of A.B.C.; reversed in part; remanded-App. Div., A-147-79, 4/11/80 (unreported) [Updated through 1991]