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BEAUDOIN v. BELMAR TAVERN OWNERS ASS'N

216 N.J. Super. 177 (1987)

523 A.2d 256

RENE R. BEAUDOIN, PLAINTIFF-APPELLANT, v. BELMAR TAVERN OWNERS ASSOCIATION AND JANE CLAYTON, MONMOUTH COUNTY CLERK, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 24, 1987.

Attorney(s) appearing for the Case

William J. Pollinger argued the cause for appellant.

Jon Steiger argued the cause for respondent, Belmar Tavern Owners Association (Falvo, Bonello, Moriarty & Steiger, attorneys; Jon Steiger, of counsel and on the brief).

Richard T. O'Connor, attorney for Jane Clayton, Monmouth County Clerk, by letter advised Clerk takes no position with regard to merits.

John C. Manna argued the cause for amicus curiae, Board of Commissioners of the Borough of Belmar (Manna & Kreizman, attorneys; John Manna, on the brief).

Timothy M. Crammer argued the cause for amicus curiae, The Belmar Coalition, (Crammer & Covelli, attorneys; Timothy Crammer, on the letter brief).

Before Judges DREIER, SHEBELL and STERN.

The opinion of the court was delivered by SHEBELL, J.A.D.

This is the first interpretation by a New Jersey State appeals court of the "5 Year Rule" of N.J.S.A. 33:1-47.1. That statute directs the governing body to hold a referendum, when presented with the requisite petition from the qualified electors of the municipality, "on any proposed questions as to whether the hours between which the sale of alcoholic beverages at retail may be made in such municipality...

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