ALCOHOLIC BEVERAGES — MUNICIPAL LAW
47-2-2507 Club 35, L.L.C. v. Borough of Sayreville, App. Div. (Grall, J.A.D.) (13 pp.) We consider a local ordinance that is a counterpart to N.J.S.A. 2C:33-27, a provision of the Code of Criminal Justice. The code offense and the ordinance regulate a practice commonly known as BYOB — bringing one’s own beer or wine to drink in premises that serve other drinks or food but do not have a license or permit authorizing sale of alcohol for on-premises consumption. Applying N.J.S.A. 2C:1-5d, we conclude that the ordinance’s regulations of BYOB are pre-empted. Because the code offense preserves a municipality’s right to prohibit BYOB, we also address the scope of that authority. We hold that the reserved right permits a municipality to prohibit BYOB in all but a clearly, objectively and rationally defined class of unlicensed establishments but that regulation of BYOB where a municipality permits it is governed exclusively by N.J.S.A. 2C:33-27. [Decided June 14, 2011.]
ATTORNEY/CLIENT — CONTRACTS
04-2-2479 Nostrame v. Santiago, App. Div. (Skillman, J.A.D., retired and temporarily assigned on recall) (15 pp.) An attorney who is discharged by his client may not maintain an action for tortious interference with contract against the successor attorney unless that attorney used wrongful means, such as fraud or defamation, to induce the client to discharge the original attorney. [Decided June 10, 2011.] [Digested at page 50.]
