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March 5, 2009
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Red Bank reacts to club fracas
New ordinance puts limits on teen nights

The Red Bank Borough Council took action at its Feb. 23 meeting that will limit the presence of underage youths at clubs and other places where alcoholic beverages are sold.

The ordinance, adopted unanimously by the council, requires persons under the age of 21 to be accompanied by an adult at licensed premises.

According to the ordinance, "The Mayor and Council of the Borough of Red Bank believe that the presence of minors within the premises licensed to sell alcoholic beverages requires regulation to protect the safety, health and welfare of such underage persons."

Mayor Pasquale Menna said, "This changes the consumption of alcohol at licensed premises to indicate that individuals under the age of 21 … who enter places, premises or retail sales of beverages, only be accompanied by his/her parent or legal guardian."

The ordinance further states, "No persons under the age of twenty-one (21) shall enter any premises licensed for plenary sale of alcoholic beverages unless accompanied by his/her parent, or legal guardian."

Ordinance No. 2009-5, Persons Under 21 Unaccompanied by Adults Prohibited at Licensed Premises, also targets "teen nights" at establishments that serve alcohol.

The ordinance states, "A licensee may sponsor a 'teen night,' 'teenage dance,' or other similar event, limited to individuals age sixteen (16) and over, on the condition that no alcoholic beverages are sold or consumed on the premises during such events."

The new ordinance was adopted just days after an incident at Chubby's Waterside Café on West Front Street in which two men were leaving Chubby's with other friends when an altercation began, leaving one man unconscious and another with a stab wound to the leg, according to Red Bank police.

Michael Gilson, owner of Chubby's Waterside Café, was present at the council meeting and said, "I am a little offended and hurt that this ordinance was being introduced. … I think that this is a direct hit basically on Chubby's."

Gilson said he purchased Chubby's 15 years ago and obtained a special license, called a cabaret license, that allows a DJ or a band with three or more people. Currently, he is the only person in town who holds one, he told the council.

"You're pretty much putting me out of business," Gilson said.

Councilman Arthur V. Murphy III disagreed with Gilson over his last comment.

"The problem here is that you have underage drinking, underage kids going into establishments where alcohol is being served and wearing a wristband to determine if you are of age or not of age," said Murphy.

Murphy added, "Underage drinking and people who are legal to drink shouldn't be mixed in the same environment."

"You're blaming everything on Chubby's, and on Fridays and Saturdays there is hardly anybody in the building, and you are saying that stuff is going on from there," said Gilson.

Resident Joe Mizzi said the action unfairly targets an age group, specifically young people.

"I just feel that we are putting a barrier between a certain age bracket."

Menna responded to Mizzi's comment by saying that problems at the club impact residents.

"We do have people that live in the vicinity of Chubby's, just like we have people who live in the vicinity of another licensed establishment on Leighton Avenue that was causing problems for the neighbors on a regular basis."

Councilwoman Sharon Lee tried to explain the need for this type of ordinance.

"We have to support the law and we have to encourage every facility to offer better quality entertainment to our children."

The Feb. 20 incident is not the first time that Chubby's has been the center of a heated council debate. On Oct. 13, 2007, a street brawl involving several hundred people broke out during a hiphop concert at the club, which led to the borough sanctioning a ban on hip-hop concerts.

A development application to construct a sports bar on the Chubby's site at 26 W. Front St. was approved in March 2007, but the project has not gone forward, according to Gilson, because of the state of the economy.

The next municipal council meeting will be held March 9 at 5:30 p.m. in the municipal building, 90 Monmouth St.