Coast Cigarettes Sales, Inc. v. Mayor of Long Branch

Lane, J. S. C.

These actions in lieu of prerogative writs challenging the validity of defendants’ ordinances requiring licensing and a license fee for plaintiffs’ cigarette vending machines are before the court on final hearing.

The issues set forth in the pretrial order are:(1) Are the ordinances invalid on the ground that the field has been pre-empted by the Cigarette Tax Act, N. J. S. A. 54:40A-1, et seq?(2) Is the charge of five dollars for each vending machine confiscatory ?

Plaintiffs are owners and distributors of cigarette vending machines. Coast Cigarettes Sales, Inc. has 26 machines in…