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LYONS FARMS TAVERN v. MUN. BD. ALC. BEV., NEWARK

55 N.J. 292 (1970)

261 A.2d 345

LYONS FARMS TAVERN, INC., PLAINTIFF-RESPONDENT, v. MUNICIPAL BOARD OF ALCOHOLIC BEVERAGE CONTROL OF THE CITY OF NEWARK, DEFENDANT-APPELLANT, AND DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF ALCOHOLIC BEVERAGE CONTROL, DEFENDANT-RESPONDENT, AND NEWARK BETH ISRAEL HOSPITAL, OBJECTOR-APPELLANT.

The Supreme Court of New Jersey.

Decided February 2, 1970.

Attorney(s) appearing for the Case

Mr. Clive S. Cummis argued the cause for objector-appellant Newark Beth Israel Hospital (Mr. Alan J. Gutterman, on the brief; Messrs. Cummis, Kent & Radin, attorneys).

Mr. Sam Weiss, Assistant Corporation Counsel of the City of Newark argued the cause for defendant-appellant (Mr. Philip E. Gordon, Corporation Counsel of the City of Newark, attorney).

Mr. Rocco F. Senna argued the cause for plaintiff-respondent Lyons Farms Tavern, Inc.

Mr. Arthur J. Sills, Attorney General of New Jersey, filed a Statement in Lieu of Brief on behalf of Division of Alcoholic Beverage Control (Mr. Stephen Skillman, Assistant Attorney General, of counsel).

The opinion of the court was delivered by FRANCIS, J.

Plaintiff Lyons Farms Tavern, Inc. operates a tavern at 368 Clinton Place, Newark, N.J. It is the holder of a plenary retail liquor license and, by virtue thereof, sells alcoholic beverages over the bar for on-premises consumption. Packaged goods for off-premises consumption are likewise sold over the bar; there is no separate room or department set aside for them. In early 1967 the volume of business having increased...

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