HOWELL – The operator of the Spirits Unlimited liquor store in Aldrich Plaza, Route 9, will be able to continue use the business’s liquor license as the store is expanded.
On Dec. 19, the Howell Township Council approved a place to place transfer application during a New Jersey Division of Alcoholic Beverage Control (ABC) hearing.
The purpose of the proceeding at town hall was for council members to hear an objection that had been filed against the place to place transfer of the liquor license.
Attorney Jason Michael Ross represented the objector, Rishrik LLC, trading as Wine O Land, which operates in the Howell Plaza, Route 9.
“Essentially the objection to this license is simple. You have distance ordinance in place here in Howell and to grant this place to place transfer would violate the township ordinance,” he said.
Ross argued that an expansion of Spirits Unlimited is tantamount to creating a new liquor license.
“The licensee who is applying for this has to get a new lease, move into a new space, although it is connected to their current space, and that is not permitted under your ordinance,” Ross told the council members.
Attorney Sean Gertner represented the applicant, However Inc., trading as Spirits Unlimited. He argued that if the council is to accept the objector’s argument, then any transfer would be in violation of the ordinance.
“Transfer is not defined in your ordinance, it just talks about transfer, so if their argument is taken to its logical conclusion any transfer would have been in violation of the ordinance,” Gertner said. “This ordinance was focused on new licenses being transferred.”
Gertner said the applicant seeking the place to place transfer cannot help it if the ABC is “loose with their language” and talks about expansion in the same vein as a transfer.
“This is an expansion of the existing license, we are not moving it anywhere. The design will be similar to what it is now and quite frankly, the entirety of this objection is based on a fear of economic competition,” he said.
“This is a competitor across the street who does not want my client to expand his opportunities and we are hopeful the council sees through that,” the attorney added.
Deputy Mayor Rob Nicastro asked Gertner if the expansion of his client’s business was under the same business name and the same lease. Gertner said that was the case.
Nicastro made a motion to deny the objection that was filed by Wine O Land. Council members unanimously approved that motion and then authorized the place to place license transfer for Spirits Unlimited.
