Politics & Government

Moorestown Can't Limit Alcohol Sales to Mall Turf

A ballot initiative that would have allowed the township to exclusively wet-zone the Moorestown Mall was overturned by a Superior Court decision Wednesday.

Burlington Superior Court Judge Ronald Bookbinder ruled Wednesday that Moorestown cannot restrict the sale of alcohol in the township to the Moorestown Mall—and not nearby East Gate Square—.

, arguing that restricting liquor licenses to the mall constituted spot zoning. Bookbinder agreed, further finding that putting the question to a public vote constituted zoning by referendum, which is also illegal.

Bookbinder's ruling rejects the argument put forth by both the township that the restriction of liquor sales specifically to the mall “protects the character and morals of the township."

“The township and PREIT have made these broad determinations without explaining why it is reasonable to sell alcohol on the Moorestown Mall property and not on other similar properties in the SRC district," Bookbinder wrote in his decision.

"[The ordinance] benefits particular private interests rather than the collective interests of the community,” he wrote.

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Bookbinder said that no municipality may simply "adopt an ordinance based on voter referendum if the ordinance would be unauthorized by the Legislature."

Moreover, the judge referenced the township’s Master Plan (written in 2009), which recommends restricting alcohol sales to restaurants in a geographic area referred to as “Moorestown Mall/East Gate.”

“The plan treats the Moorestown Mall property and East Gate property as the same area, but the planning board did not provide an explanation for limiting the sale of alcohol to the Moorestown Mall to the exclusion of other properties in the Moorestown Mall/East Gate area and the SRC district,” he wrote.

Bookbinder’s ruling raises questions about the availability of liquor licenses in Moorestown, since passing the first ballot question means the town is no longer dry. Attorneys for the township argued that the question was approved by voters on the contingency that alcohol sales be limited to the Moorestown Mall area, and not for the purposes of establishing package goods sellers.

An informal poll conducted by Patch earlier this year showed the majority of respondents (77 percent) would have no objection to alcohol-serving restaurants in East Gate, at a future “American-style bistro” in the center.

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PREIT had already submitted proposals for four liquor licenses, , and which will be unaffected by the ruling.


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