Nicholas Kalogeras v. 239 Broad Avenue, L.L.C. (A-42-09) 6-16-10
The requirement for governmental approval is an
implied condition of all agreements for the transfer
of alcoholic beverage licenses, and, subject to that
condition precedent, a contract for the transfer of a
liquor license can be specifically enforced, but only
to the extent the parties would be required to act, in
accordance with the implied covenant of good faith and
fair dealing, in respect of the statutory condition
precedent of prior governmental approval. To the
extent that 73 Bowling Center v. Aristone is
interpreted otherwise, it is disapproved
