Fixx is On with Council Approval

A resolution approved by Red Bank Council during its regular meeting Wednesday will allow to retain its liquor license for another year, and, essentially, stay in business, but only after club management agreed to 12 conditions.

Fixx was in jeopardy of losing its liquor license after the council declined to renew it at a meeting in June. Citing unruly behavior by club patrons, noise complaints from nearby residents, and dozens of police calls, the council instead demanded changes before it was willing to renew the license.

Among the conditions include beefing up security, establishing a code of conduct for patrons to follow, and meeting monthly with a police department representative to review incidents and discuss policy.

Red Bank Police Chief Stephen McCarthy met with Michael Gilson, owner of Fixx, to develop the list. The process was relatively smooth, both sides reported before council, with Gilson agreeing to every condition except one, which he asked the borough to reconsider.

In order to help move people along at the end of the night – McCarthy said many security and safety issues have arisen with large crowds lingering outside following the bar’s closing – McCarthy suggested that music in the bar be turned off at 1:15 a.m. Typically, the bar shuts its music off at around 1:45 a.m., Robert Williams, representing Gilson, said.

As a compromise, Williams asked the council to split the difference and consider pulling the needle at 1:30 a.m., telling them that the issue could be revisited in 90 days should Fixx be unable to maintain control.

“It’s not that people are going to leave at 1:15 because the music is off,” he said. “They’re not going to come at all. To the average person 15 minutes doesn’t mean anything. But, in this business it’s crucial.”

After a short closed session – Mayor Pasquale Menna recommended the closed session after Williams said a denial from the council would prompt an appeal to Trenton – the council agreed to the change with the condition that the time matter be reviewed and changed after 90 days if warranted.

According to McCarthy, police responded to 77 calls to Fixx over a yearlong period for everything from loitering, to fighting, to disorderly conduct. The number of calls to the Red Bank Police Department from Fixx was significantly greater than any local bar.

Councilman Art Murphy, police commissioner for the past six years, raised issue with Gilson’s assurances that all would be well at Fixx going forward. In his time as police commissioner, Murphy said there have been numerous issues as Fixx and the response has always been the same: a promise from Gilson.

Ultimately, however, the next 90 days will determine whether Murphy’s concerns are legitimate.

Gilson has owned and operated the club for the past 17 years: 15 years in its previous incarnation as Chubby’s, and the last two as Fixx. While he agreed to make changes to keep his club open, he said he had honest concerns that the council wouldn’t approve the resolution. With a council chambers full of family, friends, Fixx employees and supporters, Gilson said he was confident he could keep things running smoothly going forward.

The following conditions were applied to the resolution approving Fixx's liquor license:

1. No music after 1:15 a.m. (amended to 1:30 a.m.)

2. All windows and doors are to be closed when music is playing.

3. Six security staff will be on duty Thursday, Friday and Saturday nights, with at least two assigned to the front door. One of the six will be a security supervisor. At all other times a ratio of one security officer to 75 patrons will be in effect.

4. A minimum of two security staff members will be stationed outside of property from 1:30 a.m. to the point at which the crowd has dispersed to ensure that patrons leave area in an a safe and orderly manner.

5. All floor security staff will be distinctively and uniformly attired, making them very easily identifiable to both patrons and police.

6. Identifying information on ejected and/or arrested patrons will be retained on a “banned list.” These patrons should not be allowed subsequent re-entry.

7. Posting of a professional looking sign containing patron code of conduct rules inside the establishment near the entrance.

8. Staff will immediately report all criminal activity to police as it occurs or is about to occur.

9. Notify the Chief of Police of special events, appearances and promotions within 72 hours of the event.

10. Meet on a monthly basis with Chief of Police or his designee to review incidents at location, policies and procedures.

11. All flyers, handbills, cups and debris, etc., should be cleaned from in front of the premises throughout the night.

12. Designate specific employees to conduct occupancy counts throughout the night.