Borough cracking down on live music
Ashes, Echo and Downtown Cafe receive notices
By john burton
Staff Writer

Three downtown night spots have been told by Red Bank to stop the music.

Echo, 79 Monmouth St., and Ashes Cigar Club, Steakhouse and Seafood Raw Bar, 33 Broad St., recently received letters from the borough’s subcode official that they are not permitted to have live music on the premises.

A notice also was sent to the Downtown Cafe, 8 W. Front St., that it could not have live music performances on the second floor in its current situation.

According to the notice sent by James V. Williams, these establishments are designated as primary liquor establishments and as such are in violation of a borough ordinance and Planning Board resolution prohibiting live music.

According to the ordinance, primary food establishments are allowed to have up to three musicians performing, according to Stanley J. Sickels, borough administrator and code official.

As far as primary liquor establishments are concerned, "they got approved for one thing, which did not include live music," Sickels said.

The issue here, Sickels said, is not so much music but what these establishments were approved for and the effect this violation could have on issues of occupancy, safety, ventilation and parking.

"The focus is not really the music, it’s the use and effect on safety on the premises," he said.

When applicants come before either the planning or zoning boards, they are required to notify neighbors within 200 feet of the building of their plans. There have been times when area residents have come out to hearings to find out about noise issues. When both Echo and Ashes appeared before the boards, the music issue was addressed, Sickels said.

For the Downtown Cafe, the situation is somewhat different, according to Sickels. That establishment received approval for both floors as primary food, and as such was allowed to have music on both floors.

But during a recent routine fire inspection of the premises, it was discovered that the upstairs location did not have tables and chairs as necessary for primary food, Sickels said.

That brings in the issue of floor area and occupancy. For primary food businesses, a 15-square-foot area is necessary for each occupant, but for primary liquor, a 5-square-foot area per person is required for what is essentially standing room.

The difference in space factors in for plumbing, ventilation, and fire safety requirements.

"Occupancy approval was based on that equation," Sickels said.

If an establishment goes from needing 15 feet per person to 5, that allows for a greater occupancy, which would call for more parking.

"It’s not only fire and safety, it’s also parking," Sickels said. "If you triple the number of people [a business can accommodate], it will affect the parking."

It is also affects noise.

Chris Cole, who is a managing partner of Terranomics Development, which owns and manages some area property, said he has received complaints from a number of downtown residents who rent apartments from Terranomics.

Cole testified at a recent Planning Board hearing concerning a proposed Broad Street restaurant and bar. According to Cole, five tenants in the last two years have moved because of excessive noise.

He also said he has filed complaints on behalf of tenants about noise in the downtown area.

"I like the energy of the downtown and I certainly enjoy it," Cole said, "but at some point you have to go to sleep."

Jeffery Palumbo, general manager for Ashes, said in his four years on Broad Street he has never received a complaint over the music or any noise. Palumbo also said the lack of music has affected his business, especially the late night bar crowd.

"Our business is one of the few reasons people stay in town until two o’clock," he said.

"Ashes absolutely knew they weren’t allowed to have live music," said Planning Board member Daniel Mancuso. "They testified there would be no live music, so this should come as no surprise."

The difficulty, Mancuso said, sometimes lies in enforcement; the borough does not have inspectors on duty at 10 p.m. when bands go on.

"Just because we haven’t policed it doesn’t make it right," Mancuso said.

These establishments do have a recourse. They can apply to the borough’s Zoning Board of Adjustment to obtain a use "D" variance to allow for live music.

Palumbo said he has met with his attorney to proceed with the process.

"Everything is in progress," he said. "It’s something I want to take care of."

When contacted by phone, a representative of Echo refused to comment.

A representative from the Downtown Cafe could not be reached for comment by press time.

No summonses have been issued since the letters were sent to the three establishments, Sickels said.

Echo has submitted an application to the borough’s Office of Planning and Zoning for a variance for live music, but that application has not been evaluated yet, according to Donna Smith Barr, the borough’s director for planning and zoning.