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CAFE GALLERY, INC. v. STATE, BY THE DEPARTMENT OF LAW AND PUBLIC SAFETY, DIV. OF ALCOHOLIC BEVERAGE CONTROL DIV.

186 N.J. Super. 189 (1982)

451 A.2d 1333

CAFE GALLERY, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DIAMOND CASINO, INC., A CORPORATION OF THE STATE OF NEW JERSEY, T/A LONDONSHIRE HOUSE; CARUGNO, INC., A CORPORATION OF THE STATE OF NEW JERSEY, T/A ARTHUR'S HOUSE OF FINE FOODS; AND THE CITY OF BURLINGTON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS, v. STATE OF NEW JERSEY, BY THE DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF ALCOHOLIC BEVERAGE CONTROL, JOSEPH A. LERNER, AS DIRECTOR OF THE DIVISION OF ALCOHOLIC BEVERAGE CONTROL, AND JOHN DOE, CONSTITUTING ANY UNNAMED OR UNKNOWN ENFORCEMENT AGENTS FOR THE DIVISION OF ALCOHOLIC BEVERAGE CONTROL, CHIEF CLAYTON, CHIEF OF THE POLICE DEPARTMENT OF THE CITY OF BURLINGTON, AND XYZ CORPORATION AND JOHN SMITH, REPRESENTING THE NAMES OF ALL OTHER PLENARY RETAIL CONSUMPTION LICENSEES WITHIN THE CITY OF BURLINGTON, MORE PARTICULARLY DESCRIBED ON EXHIBIT ARE MADE A PARTY TO THIS ACTION AS A CLASS REPRESENTING LICENSEES NOT ENTITLED TO OPEN ON SUNDAY WITHIN THE CITY OF BURLINGTON, DEFENDANTS.

Superior Court of New Jersey, Law Division, Burlington County.

Decided May 6, 1982.

Attorney(s) appearing for the Case

Frederick W. Hardt for plaintiffs (Sever & Hardt, attorneys).

Barbara A. Harned, Deputy Attorney General, for Director of Alcoholic Beverage Control (Irwin I. Kimmelman, Attorney General, attorney).

Louis A. Colaguori for defendants licensees (Bookbinder & Colaguori, attorneys).

HAINES, A.J.S.C.

Plaintiffs are holders of plenary retail consumption liquor licenses issued by the City of Burlington. All of them, except the city, operate restaurants and sell liquor on Sundays. Some have done so since 1970 when the city, following a favorable vote on a referendum submitted to the voters of the city, adopted an ordinance permitting such sales. The question placed on the ballot read as follows:

Shall the sale of alcoholic beverages, at...

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