New Jersey § 33:1-47

§ 33:1-47.

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 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 any proposed questions as to whether

the hours between which the sale of alcoholic beverages at retail may be made in such

municipality on week days, Sundays, either or both, shall be fixed as provided in

such petition, which questions shall be specifically and separately set forth in the

petition, such governing board or body shall adopt forthwith a resolution directing

the clerk of the county in which such municipality is situated to print such question

or questions stated in the petition 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. Thereupon the clerk or secretary of such governing board or body shall forthwith

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

such general election, he shall cause such question or questions 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 shall cause to be printed

on the ballot immediately below the printed question or questions the following: “Explanatory Statement--A ‘Yes' is a vote to permit sales only within the hours set

forth in the question or questions printed above. A ‘No’ vote is a vote against changing the hours during which sales of alcoholic

beverages are now permitted in this municipality,” and thereupon all proceedings with

respect to the referendum on such question or questions 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 shall vote affirmatively on the question of whether

the hours of sale shall be fixed in the manner set forth in such question or questions,

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

notify the commissioner and municipal board, if any, of the action taken by the legal

voters of such municipality and thereafter the retail sale of alcoholic beverages

may be made only within the hours fixed by such referendum. Such sale at any other time within such municipality shall be unlawful and constitute

a violation of this chapter. If a majority of legal voters voting upon such question or questions shall vote in

the negative on the question of whether the hours of sale shall be fixed in the manner

set forth in such question or questions, the clerk of the governing board or body

of such municipality shall forthwith in writing notify the commissioner and municipal

board, if any, of the action taken by the legal voters of such municipality and thereafter

the hours between which the sale of alcoholic beverages at retail may be made may

be regulated as theretofore in such municipality. No petition under this section shall be received by the governing board or body while

any other petition covering the same subject matter which has theretofore been presented

hereunder has not been voted upon. 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.