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2 N.J.A.R. 318
- Michaels, George Restaurant, Inc. t/a George Michaels Diner v. Lodi, Borough Council of the Borough of
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- Citation: 2 N.J.A.R. 318
- Decision Date: 1980
- Agency: DIVISION OF ALCOHOLIC BEVERAGE CONTROL
- Synopsis: The local municipality denied an application for a person-to-person and place-to-place transfer of a plenary retail consumption license on the grounds that the proposed premises would be located within 500 feet of an already existing license in violation of a borough ordinance. The administrative law judge determined that the applicant had shown by a preponderance of the evidence that the denial of the transfer was unreasonable and inconsistent with existing case law. Under such law, the distance from the proposed premises to the nearest licensed premises is more than 500 feet when measured, not in a straight line across a highway, but in the normal way that a pedestrian would lawfully walk. Thus, the transfer should be approved. Jeffrey J. Grenell, Esq., for the Appellant John M. DiMaria, Esq., for the Respondent
- Statute(s) Cited: 39:4-34
- Synopsis: The local municipality denied an application for a person-to-person and place-to-place transfer of a plenary retail consumption license on the grounds that the proposed premises would be located within 500 feet of an already existing license in violation of a borough ordinance. The administrative law judge determined that the applicant had shown by a preponderance of the evidence that the denial of the transfer was unreasonable and inconsistent with existing case law. Under such law, the distance from the proposed premises to the nearest licensed premises is more than 500 feet when measured, not in a straight line across a highway, but in the normal way that a pedestrian would lawfully walk. Thus, the transfer should be approved. Jeffrey J. Grenell, Esq., for the Appellant John M. DiMaria, Esq., for the Respondent