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12 N.J.A.R. 458

Wayne, Municipal Council of the Township of; B & G Corp. v
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Citation: 12 N.J.A.R. 458
Decision Date: 1988
Agency: DIVISION OF ALCOHOLIC BEVERAGE CONTROL
Synopsis: B&G appealed the Township of Wayne's denial of its application for a person-to-person transfer of a plenary retail distribution license from Jon Michaels, Inc. The matter was transmitted to the Office of Administrative Law for a hearing. The consent to transfer of Jon Michaels had been attached and sold to the judgment creditor, Buy Liquor Rite, as part of a sheriff's levy. Buy Liquor Rite subsequently assigned its rights to B&G. This assignment was made without the approval of the Township and when B&G filed an application for a person-to-person transfe?, the Township of Wayne denied the request. The administrative law judge assigned to the case affirmed the denial of the application. N.J.S.A. 33:1-26 prohibits the lien, levy or attachment of a license and rights thereunder by third parties. The respondent argued that the consent to transfer was not a protected fight under the license and therefore not covered by the statutory prohibitions. The administrative law judge found that a consent to transfer under the Alcoholic Beverage Control Act is a right under the license which is encompassed in the statutory prohibitions against levy or attachment by third party creditors. Thus, the action of the respondent issuing authority was correct since the appellant's consent to transfer was obtained involuntarily and in violation of the statute. Upon review, this initial decision was accepted by the Director of the Division of Alcoholic Beverage Control. On appeal, the Appellate Division affirmed the Director's decision.
Rule(s) Cited: 13:2-7.3 
Statute(s) Cited: 33:1-26 
Citation Tracker adopted-Div. Alcoh. Bev. Cont.; affirmed -235 N.J. Super. 90 (App. Div. 1989) [Updated through 1991]