New Jersey § 33:1-44

§ 33:1-44.

Whenever a petition, signed by at least fifteen per centum (15%) of the qualified

electors of any municipality as evidenced by the total number of votes cast for members

of the General Assembly, at the then next preceding general election held for the

election of all of the members of the General Assembly, in such municipality, shall

be presented to the governing board or body thereof, requesting a referendum on the

question hereinafter stated, such governing board or body shall adopt forthwith a

resolution directing the clerk of the county in which such municipality is situated

to print, pursuant to Title 19, Elections, hereinafter referred to as the “general

election law,” upon the official ballot to be used in such municipality at the next

ensuing general election a question to read: “Shall the retail sale of alcoholic

beverages other than brewed malt alcoholic beverages and naturally fermented wine,

for consumption on the licensed premises by the glass or other open receptacle pursuant

to chapter one of the Title Intoxicating Liquors of the Revised Statutes ( s. 33:1-1 et seq. ), be permitted in this municipality?” Thereupon the clerk or secretary of said governing board or body shall forthwith deliver

to the county clerk a certified copy of such resolution. If the copy shall be delivered to the county clerk not less than thirty days before

such general election, he shall cause such question to be printed in an appropriate

place on the ballot to be used in such municipality at the next ensuing general election

pursuant to the general election law and thereupon all proceedings with respect to

the referendum on such question shall be subject to and governed by the general election

law as in other cases of the submission of public questions to the electorate. If a majority of the legal voters voting upon the question shall vote “Yes,” the clerk

of the governing board or body of such municipality shall forthwith in writing notify

the commissioner and municipal board, if any, having authority to issue such licenses,

of the action taken by the legal voters of such municipality and the retail sales

as aforesaid of such alcoholic beverages and the issuing of licenses pursuant to this

chapter shall be permitted in such municipality. If a majority of the legal voters voting upon the question shall vote “No,” then the

clerk of the governing board or body of the municipality shall forthwith in writing

notify the commissioner and municipal board, if any, having authority to issue such

licenses, of the action taken by the legal voters of the municipality, and after thirty

days have elapsed after the date of such vote the retail sale of alcoholic beverages,

other than brewed malt alcoholic beverages and naturally fermented wines, for consumption

on the licensed premises by the glass or other open receptacle (such retail sale being

sometimes hereinafter called “prohibited sale”), shall be unlawful in such municipality

and constitute a violation of this chapter, and it shall forthwith upon such vote

be unlawful for the other issuing authority of the municipality, having authority

to issue licenses, to issue any license in respect to such municipality which shall

permit such prohibited sale, and all licenses theretofore issued in respect to such

municipality which shall have licensed such prohibited sale shall, to the extent that

they permitted such prohibited sale, become void and inoperative thirty days after

the date of such vote. Whenever a referendum shall have been had in any municipality pursuant to this section,

no further referendum on the same question shall be held therein prior to the general

election to be held in such municipality in the fifth year thereafter and so long

as such referendum remains effective, all ordinances, resolutions or regulations inconsistent

with the result of such referendum shall have no effect within such municipality.