New Jersey § 33:1-45
Full text of New Jersey New Jersey Statutes § 33:1-45, with citation guidance and answers to common questions.
§ 33:1-45.
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 all kinds of alcoholic beverages, 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 such governing board or body shall forthwith deliver
to such county clerk a certified copy of the 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 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 the municipality, and after thirty
days have elapsed after the date of such vote, the retail sale of all kinds of alcoholic
beverages 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 such 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.
Frequently Asked Questions About New Jersey § 33:1-45
What does New Jersey Statutes § 33:1-45 cover?
Section 33:1-45 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 33:1-45?
A common citation format is "New Jersey Statutes § 33:1-45" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 33:1-45 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.