Opinion
Argued September 26, 1949 —
Decided October 6, 1949.
Appeal from Director of the Division of Alcoholic Beverage. Control
Before Judges McGEEHAN, COLIE and EASTWOOD.
Mr. Arthur J. Sills argued the cause for appellant ( Mr. Jacob L. Triarsi, attorney).
Mr. Anthony Meyer, Jr., Deputy Attorney General, argued the cause for respondent, Hock.
Mr. Julius R. Pollatschek argued the cause for Union County Retail Liquor Stores Association.
This appeal is from an order of the Director of the Division of Alcoholic Beverage Control reversing the action of the Municipal Board of Alcoholic Beverage Control in granting "broad package privileges" to appellant.
So far as the legal questions involved are concerned, they do not differ from and are controlled by our decision in Coral Lounge and Cocktail Bar, Inc., v. Hock, 5 N.J. Super. 163 .
As to the factual situation, the so-called package department was separated from the barroom by a partition four feet or waist high which was insufficient, in the judgment of the Director, to make the package department "a portion of the licensed premises other than a public barroom." In that finding we concur.
The order under appeal is affirmed.