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9 N.J.A.R. 382

Northvale, Mayor and Borough Council of the Borough of, Iliad & Odyssey, Inc., The v
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Citation: 9 N.J.A.R. 382
Decision Date: 1983
Agency: DIVISION OF ALCOHOLIC BEVERAGE CONTROL
Synopsis: Appellant appeals from the action of the local issuing authority which approved its person-to-person license transfer application but placed a condition upon the transfer that it only operate as a restaurant and could not operate as a discotheque unless it obtained the appropriate zoning board approvals. The administrative law judge assigned to the case found that at the time of the license transfer, the appellant had consented to the condition placed upon the license but concluded that such action did not constitute a waiver of its fundamental right to appeal. The judge determined that before a condition could be imposed upon the license, the Director of the Division had to first approve that condition. The judge found that the action by the issuing authority approving the transfer 'subject to' local zoning board approval was an impermissible condition precedent and thus should be reversed. Upon review, this decision was rejected by the Director of the Division. Here, the basic transfer (and use) of the premises was fully effectuated; the respondent issuing authority merely req.uired ihat, before the appellant changed the use of the premises, it first get the approval of the approriate zoning authorities. The condition was technically surplusage because it merely restated applicable law and imposed no new obligations or restrictions on the appellant. Accordingly, the special condition imposed by the local issuing authority was affirmed.
Rule(s) Cited: 13:2-2.13 
Statute(s) Cited: 33:1-32