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When The Complex [below right] readied to open last month, the audio sound system they had spent thousands to incorporate at the Italian Capitoline, Mexican fare La Loteria, and downstairs hangout The Basement, fell short of what the city’s code outlines.

At the time Fasano said the costly sound mitigation requirements were not implemented at most of the city’s similar venues.

“They should have asked for this earlier,” Fasano said. “The time to ask for a sound engineer’s report is when we were in the construction phase.”

Since then, letters of violation have been sent to Central Business District businesses that play music of any kind – live or not, said Barbara Van Wagner, the city’s Zoning Officer.

Van Wagner said another batch of letters will be mailed out Wednesday but that the initial round went out on April 11.

The violation is based on guidelines created when approvals were granted for the proposed third floor Upstage night club at 700 Cookman, Van Wagner said. Those plans have since shifted after the vacant building was sold and the new site plan calls for a mixed-use ground floor commercial and top floor residences.

“Residents complained about the potential noise and asked that the city implement sound mitigation [guidelines] to keep sound at respectful level,” Van Wagner said.

Businesses are required to submit the report during the application process, she said.

“The letters were sent to restaurants and bars,” Van Wagner said. “I contacted most by phone first. Some thought the rules didn’t apply because they weren’t playing live music.”

In a Letter to the Editor, Toast [at right] Manager Adam Solan said, “…asking every business, no matter how small, to pay this exorbitant sum, on top of the annual mercantile license the city requires, is patently ridiculous.  In most of these places the music is low enough that it can barely be heard over normal conversation.  Our business has no intention of shelling out over $1500 to essentially play the radio.”

Solan said an acoustic engineering report would cost at minimum, $1,000, with another $500 going toward an escrow account to cover municipal professional costs, and the $25 application fee.

“So all in, the [city] of Asbury Park, which advertises itself as a hip, music-loving town, is asking a business pay $1,525 to play background music.”

In Fasano’s case the downstairs hangout – The Basement – would be the only place where he would consider offering live music, and that would be the rare acoustic performance, he said.

“I don’t have live bands performing,” he said. “The level of conversation is higher than the music.”

The violation letters were sent to ensure that all music playing eateries and bars are aware of the current guidelines but those that don’t heed the warning could face a mandatory Municipal Court appearance and up to $2,000 per day in fines, Van Wagner said.

“Some of the businesses have offered to stop playing music rather than pay for the sound mitigation study and submit the application with the associated fees,” Van Wagner said. “Others are in the process of working on the reports.”

[Featured Photo of local performer Chris Brown]

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