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IN RE XANADU PROJECT

Docket No. A-2702-08T2

1 A.3d 747 (2010)

415 N.J. Super. 179

In the Matter of the XANADU PROJECT AT the MEADOWLANDS COMPLEX; Application of Benihana Meadowlands Corporation for a Special Concessionaire Permit.

Superior Court of New Jersey, Appellate Division.

Decided August 6, 2010.

Attorney(s) appearing for the Case

Paul F. Carvelli, Florham Park, argued the cause for appellants New Jersey Restaurant Association, Park & Orchard Restaurant, Taos Restaurant, Candlewyck Diner, Tredici Restaurant, and the Landmark (McCusker, Anselmi, Rosen & Carvelli, attorneys; Mr. Carvelli and Patrice LeTourneau, on the brief).

Lisa Hibner Tavani, Deputy Attorney General, argued the cause for respondent Division of Alcoholic Beverage Control (Paula T. Dow, Attorney General, attorney; Lorinda Lasus, Deputy Attorney General, of counsel; Ms. Tavani, on the brief).

William Harla argued the cause for respondents Benihana Meadowlands Corporation, ERC 16W Limited Partnership and Meadowlands Management, L.L.C. (DeCotiis, Fitzpatrick, Cole & Wisler, attorneys; Mr. Harla and Michael R. Cole, of counsel; Thomas A. Abbate, Teaneck, on the brief).

Gordon J. Golum, Woodbridge, argued the cause for respondent New Jersey Sports & Exposition Authority (Wilentz, Goldman & Spitzer, attorneys; Mr. Golum, of counsel; Mr. Golum and Jeffrey J. Brookner, on the brief).

Before Judges CARCHMAN, LIHOTZ and ASHRAFI.

The opinion of the court was delivered by

CARCHMAN, P.J.A.D.

While one usually obtains authorization to sell alcoholic beverages by way of a municipality-issued license, N.J.S.A. 33:1-12.14, when the sales will take place on State property, authorization to sell is obtained by way of a special concessionaire permit issued by the Director of the New Jersey Division of Alcoholic Beverage Control (ABC). N.J.S.A. 33:1-42. The requirements for obtaining...

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