Charges Filed Against Fixx Ownership

Despite any sort of public sentiment that may exist supporting such an action, Red Bank officials cannot just "chain the doors" of the West Front Street nightclub Fixx, Council President Arthur Murphy said at Monday night's Borough Council meeting.

Murphy's procedure-only comment came after one nearby resident, Tony Busch, expressed fear over the possibility of a recurrence this weekend of the early Sunday morning melee outside the bar that drew the assistance of police from several neighboring departments.

There is a legal process that is at work in response to two recent incidents at the bar that Mayor Pat Menna explained and said must be followed.

Charges were filed by officials on Wednesday against the owners/liquor license holders. Next, trial by Red Bank's governing body will take place to decide the fate of the establishment's liquor license, should the owners fight those
 charges.

Separate charges were filed for each of two incidents at Fixx, one on Sept. 22 and the other on Oct. 6 of this year, Menna said.

The charges, creating a public nuisance and breach of the peace, "will be pending under the Administrative Procedures Act in terms of hearings before the mayor and council," Menna said. "The hearing will be held, unless there is an adjournment at the request of the petitioner and granted by the borough, on Nov 13, 2013 at 6:30 p.m. where the charges as well as the facts and information will be spread on the record."

The mayor and council will act as the jury at the hearing, the mayor explained.

So, from the point the complaints were filed, and "because they are legal in nature and the charges have been filed, I would encourage all members of council (to reserve any comments on the issue and) to not address any factual issues," the mayor said.

While Busch, and any other member of the public, was entitled to speak on the Fixx issue or any other at Monday's meeting, Menna said, council could not address any statements made, other than reiteration of procedure, Borough Attorney Daniel O'Hern reminded all when Murphy spoke to the process only and was advised to leave it at that.

"Companion complaints" are also expected to be filed against Fixx ownership on Thursday morning "with respect to outstanding fire code violations of the same licensee and a penalty assessment of $33,000," the mayor added.

Until the slated hearing, Menna said that police and fire officials will be keeping close watch on all activity surrounding Fixx to ensure optimum safety.