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Post by beachbob on Oct 14, 2014 9:54:53 GMT -5
Thanks for the update! Great news! There has been a rush of new music the last week or so. Shakey Graves new release is excellent. Old Crow Medicine Show and Foo Fighters have new stuff out since last Hangout. Maybe the winter will go fast!
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Post by beachbob on Dec 17, 2014 20:45:03 GMT -5
If anyone has any of the text of the extension that could post here or link...that would be interesting. Particularly interested in the constraints on future performers.
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Post by sparkysarah on Dec 18, 2014 12:39:58 GMT -5
AN ORDINANCE GRANTING A CONDITIONAL 6-YEAR NON-ASSIGNABLE
FRANCHISE TO HO-MF, LLC FOR THE STAGING OF THE HANGOUT MUSIC
FEST ON THE GULF SHORES PUBLIC BEACH
WHEREAS, HO-MF, LLC has since 2010 been granted annually a Public Assembly
Permit for the staging of the Hangout Music Fest as a proprietary undertaking on the Gulf Shores
Public Beach and associated public streets, avenues, alleys, and public places; and
WHEREAS, pursuant to a Resolution adopted at a Regular Council Meeting on
September 13, 2010, the Public Assembly Permit issued for the 2011 Hangout Music Fest was
made conditionally renewable for the years 2012 through 2015; and
WHEREAS, HO-MF, LLC has requested a further assurance from the City Council that
the Public Assembly Permit will be conditionally renewed for the additional period of the years
2016 through 2020; and
WHEREAS, the City Council is willing to provide such assurance of conditional renewal
provided HO-MF, LLC and its principals enter into a Non-assignable Conditional Franchise
Agreement on terms acceptable to the City Council detailing and confirming the general terms
and conditions of the proposed use of the Gulf Shores Public Beach and associated public streets,
avenues, alleys, and public places for the staging of the Hangout Music Fest during the period
2015 through 2020;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GULF
SHORES, ALABAMA, WHILE IN REGULAR SESSION ON ____, 2014, as follows:
SECTION 1
DEFINITION OF TERMS
Terms. For the purpose of this Franchise, the following terms, phrases, words, and
abbreviations shall have the meanings ascribed to them below.
A. “Festival Site” shall mean the main public beach area owned by the City at Gulf
Place, associated public streets, avenues, alleys, and public places as may be designated by the
City, and such separately and privately owned property as may be included by Franchisee with
the approval of affected property owners and the City as provided in a Public Assembly Permit
issued by the City.
B. “Franchisee” shall mean HO-MF, LLC, an Alabama Limited Liability Company.
C. “Festival Dates” shall mean the following periods of proprietary ticketed
attendance at the Music Fest as the context requires:
“2015 Festival Dates” shall mean May 14-17, 2015.
“2016 Festival Dates” shall mean May 12- 15, 2016.
“2017 Festival Dates” shall mean May 18- 21, 2017.
“2018 Festival Dates” shall mean May 17- 20, 2018.
“2019 Festival Dates” shall mean May 16- 19, 2019.
“2020 Festival Dates” shall mean May 14- 17, 2020.
D. “Site Usage Period” shall mean the following periods of occupation and use of the
Festival Site as the context requires. Franchisee shall take all necessary steps to
ensure the Festival Site is cleared and returned to open public use in the condition
existing before setup or better by 6:00A.M. on the concluding Usage Period date:
“2015 Site Usage Period” shall mean May 4 - 21, 2015
“2016 Site Usage Period” shall mean May 2 - 19, 2016.
“2017 Site Usage Period” shall mean May 8 - 25, 2017.
“2018 Site Usage Period” shall mean May 7 - 24, 2018.
“2019 Site Usage Period” shall mean May 6 - 23, 2019.
“2020 Site Usage Period” shall mean May 4 - 21, 2020.
E. “Music Fest” shall mean a proprietary ticketed event featuring musical venues
and associated entertainment and concession features.
F. “Term” shall mean the period ending May 21, 2020.
SECTION 2
CONDITIONAL GRANT OF FRANCHISE
2.1 Conditional Grant. 2.1 Grant The City hereby grants to Franchisee a
conditional, non-assignable consent for the staging of a proprietary closed admission Music Fest
at the Festival Site on the Festival Dates during the Site Usage Periods. . Such consent shall be
conditioned on, and not in lieu of, the issuance of a separate Public Assembly Permit by the City
for each Music Fest and Site Usage Period. In addition to the conditions set out below and in
such Public Assembly Permit, such consent shall be expressly conditioned as follows:
(a) A complete Public Assembly Permit application in form and detail satisfactory to
the City must be filed with the City no less than sixty (60) days prior to the applicable Site
Usage Period. In addition to the information otherwise required by the City’s Code of
Ordinances, the application shall include dates and hours during which the assembly is to be
conducted and a detailed site plan identifying all elements and activations.
(b) The City retains the plenary right and authority in its absolute and unlimited
discretion to deny or revoke any Public Assembly Permit, to revoke any consent granted
hereunder, and to terminate this Franchise in the event any or all of such actions is determined
necessary or appropriate by the City Council in the interests of public health, safety or welfare.
By acceptance of this Franchise, Franchisee specifically acknowledges that the City has a critical
obligation to its citizens to preserve the family oriented image of the community and that
activities and conduct at any Music Fest, including but not limited to any covered or enclosed
area where electronic dance music is played or performed, that compromise that image will not
be tolerated by the City. By acceptance of this Franchise, Franchisee acknowledges that it will
not have or claim a vested or property right in any such permit, in the consents conditionally
granted hereunder, or in any economic or other interest claimed directly or indirectly under or in
connection with this Franchise.
(c) By acceptance of this Franchise, Franchisee and its members agree that neither
Franchisee nor its members shall have any claim or recourse whatsoever against the City, its City
Council, any member thereof, or any officer, agent, employee or member of a board or
commission of the City for any loss, cost, expense or damage occasioned by any requirement or
duty imposed on Franchisee by this Franchise, because of the enforcement of any such
requirement or duty, or because of any exercise by the City of its retained rights and authority
hereunder.
(d) It is understood that the Site Usage Period encompasses both the period of Music
Fest performances and associated entertainment activities and the period provided for setup and
takedown of Music Fest structures and infrastructure. The Public Assembly Permit issued with
respect to the Music Fest shall prescribe the process and timing for the setup and takedown of
structures and infrastructures, with a specific description of the process and timing for the
limitation and reestablishment of public access to areas within the Festival Site.
2.2 Nonassignability and Nontranferability of Grant. The conditional franchise consent
hereby granted by the City is personal to HO-MF, LLC and its Manager Shaul Zislin and is
nonassignable and nontransferable. The members of record of HO-MF, LLC and their direct
contact information shall be certified in writing to the City in the written acceptance required
under Section 4.1 below. No direct or indirect transfer of membership in or admission of new
members in HO-MF, LLC shall occur during the Term of this Franchise without the prior written
approval of the City. Shaul Zislin shall at all times during the Term of this Franchise be and
remain the manager personally responsible for compliance with all terms and conditions of this
Franchise. Any change in membership without the prior written approval of the City and any
failure of Shaul Zislin to function as the manager personally responsible for compliance with all
terms and conditions of this Franchise shall be grounds for summary termination of this
conditional franchise consent by the City.
2.3
General Conditions of Franchise Consent. The detailed terms and conditions under
which a Music Fest may be staged at the Festival Site during any Site Usage Period shall be
addressed specifically in the process of review of the applicable Public Assembly Permit
application. Without limitation or exclusion of any such additional terms and conditions, the
following shall be required as general conditions applicable to any Music Fest staged under the
consent granted in this Franchise:
(a) Limitation on Admissions. Paid admissions to the Music Fest shall not exceed
forty thousand (40,000) persons or such lesser number as the City may determine as a condition
of further extension of the Franchise Term under Section 2.3. Persons under the age of eighteen
(18) years shall not be admitted unless accompanied by a ticketed parent or legal guardian.
(b) Drug Free Event. Franchisee shall take all reasonable and prudent steps to
eliminate the presence and use of controlled substances at each Music Fest. Franchisee shall
engage in a consistent, comprehensive and aggressive effort in publicity, media
communications, and Music Fest materials to emphasize that Franchisee and the City have
adopted an absolute zero tolerance policy with respect to the possession and use of controlled
substances at the Music Fest, that any person found in illegal possession of controlled substances
will be ejected and banned from the Festival Site, and that the City will arrest and prosecute to
the fullest extent of the law any person found in illegal possession of controlled substances
anywhere within the corporate limits or police jurisdiction of the City.
Simultaneously with the execution of this Franchise, Franchisee has executed and
delivered a confidential Agreement Regarding Security Procedures that addresses certain details
of the use of security devices at Music Fests.
On stage drug use by performers is strictly prohibited. Use of performers and their
associates with a documented history of on stage drug use is strictly prohibited. The festival
agrees to, in its best ability, to program acts and activities that do not harm the reputation of Gulf
Shores. A complete and accurate final written listing of all performers, bands, or acts scheduled
to appear at any Music Fest shall be provided to the City no less than 30 calendar days prior to
the Site Usage Period for any Music Fest, and no substitution or addition of performers, bands,
or acts shall occur thereafter without the prior approval of the Mayor or his designee.
(c) Each Amenity And Sponsorship To Be Specifically Approved. As part of the
Public Assembly Permit application for a Music Fest, Franchisee shall designate and describe in
detail each amenity and feature proposed to be installed or provided at the Music Fest, including
without limitation, pools, playgrounds, and points of Gulf access. The amenities as approved in
any Public Assembly Permit shall not be modified or supplemented in any way without the prior
approval of the Mayor or his designee.
A complete and accurate final written listing of all proposed sponsors, vendors, and
exhibitors shall be provided to the City no less than 30 calendar days prior to the Site Usage
Period for any Music Fest and no substitution or addition of sponsors, vendors, or exhibitors
shall occur thereafter without the prior approval of the Mayor or his designee. The City retains
the right in its absolute discretion to require the exclusion of any proposed sponsor, vendor, or
exhibitor from participation in the Music Fest or presence on the Festival site. Specifically, but
without limitation, no sponsor, vendor, or exhibitor connected with tobacco in any form or with
electronic cigarettes or electronic nicotine delivery systems may participate in the Music Fest or
be present on the Festival Site.
(d) Reimbursement of City Expenses. As a precondition to the issuance of a Public
Assembly Permit for any Music Fest, Franchisee shall execute and deliver to the City no less
than 30 days prior to the Site Usage Period for any Music Fest an agreement in form and content
satisfactory to the City providing for the reimbursement by Franchisee of all expenses directly or
indirectly incurred by the City and other participating governmental entities in connection with
the staging of the Music Fest. The payment of the reimbursement obligation of Franchise shall
be personally guaranteed jointly and severally by the members of HO-MF, LLC. Franchisee
shall deliver its reimbursement payment to the City Revenue Department within thirty (30)
calendar days after receipt of the City’s invoice for reimbursement.
(e) Mitigation of Traffic and Site and Offsite Impacts. As a precondition to the
issuance of a Public Assembly Permit for any Music Fest: (I) Franchisee shall at its expense
provide sufficient qualified personnel for Music Fest traffic control to alleviate the demand on
City officers for such function; (II) Franchisee shall document in writing to the satisfaction of the
City no less than 30 calendar days prior to the Site Usage Period for any Music Fest that all
traffic and shuttle operation issues have been appropriately addressed; (III) Franchisee shall
confirm in its application that no Music Fest performance or entertainment activities shall
begin prior to 4:00PM on the Thursday of the Music Fest and all performance and entertainment
activities shall be terminated by Franchisee by not later than 11:00 P.M. nightly, and that the
Thursday schedule and footprint shall be limited in a manner conforming to the 2014 Music Fest
schedule and footprint ; (IV) Franchisee shall execute and deliver to the City no less than 30
calendar days prior to the Site Usage Period for any Music Fest an agreement in form and
content satisfactory to the City providing in detail the steps and procedures to be implemented by
Franchisee to prevent the emanation from the Festival Site of unreasonable noise or vibration as
defined in Section 15-1 of the City’s Code of Ordinances.
Franchisee shall take all steps necessary to ensure that Highways 59 and 182 are fully
reopened for traffic by 6:00 A.M. on the Monday immediately following any Music Fest and that
the Festival Site is cleared and returned to open public use in the condition existing before setup
or better by 6:00 A.M. on the Thursday immediately following any Music Fest.
(f) Insurance Requirements. As a condition to the issuance of a Public Assembly
Permit for any Music Fest, Franchisee shall deliver to the City no less than thirty (30) days prior
to the Site Usage Period for any Music Fest a Certificate of Insurance with a copy of the
Additional Insured endorsement issued by or on behalf of insurers acceptable to the City
confirming Commercial General Liability Insurance coverage for the Music Fest at a limit of
liability not less than $1,000,000 each occurrence, $1,000,000 annual aggregate, and
Commercial Umbrella or Excess Liability Insurance at a limit of liability not less than
$5,000,000 each occurrence, $5,000,000 aggregate, with the City named as an additional insured
on an endorsement as broad or broader than CG2026 07 04 – Additional Insured; Designated
Person or Organization. The coverage provided shall expressly include a requirement that in the
event a non-renewal or cancellation notice is provided by any insurance carrier, a copy of such
notice shall be simultaneously be provided to the City. Upon the City’s receipt of such notice,
all consents and permits with respect to the Music Fest shall be automatically suspended and no
further activity at or in preparation for the Music Fest shall be permitted unless and until the City
is satisfied that all required insurance coverage is in place.
(g) Indemnification. Franchisee agrees to, and shall, at no cost to the City or the other
Indemnified Parties, defend, indemnify, and hold harmless the City of Gulf Shores and its
directors, officers, employees, and agents (collectively, “Indemnified Parties”) from and against
any and all claims, actions, demands, liabilities, losses, damages, judgments, decrees,
settlements, costs and expenses (including reasonable attorneys’ fees) for personal injury or
property damage arising from alleged negligent acts or omissions of Franchisee or its agents. In
the event a claim that is subject to indemnification is filed or otherwise asserted against any
Indemnified Party, an Indemnified Party may be represented and actively participate through its
own counsel. This indemnification is one of first defense and payment, not of reimbursement or
surety, and shall survive the expiration or termination of this or any other agreement or
arrangement between the parties.
(h) City Branding. By acceptance of this Franchise, Franchisee agrees that the City
of Gulf Shores regional brandmark will be prominently displayed on all Music Fest signage,
guides, and electronic and marking media in a manner approved by the Mayor or his designee.
SECTION 3
FRANCHISE FEES AND PAYMENT TERMS
3.1 Franchise Fee. In additional to all licenses and taxes otherwise required by law,
Franchisee shall pay to the City a franchise fee for the use of the Festival Site as follows:
2015 Site Usage Period One dollar ($1.00)
2016 Site Usage Period One dollar ($1.00)
2017 Site Usage Period One percent (1%) of gross revenue
2018 Site Usage Period Two percent (2%) of gross revenue
2019 Site Usage Period Three percent (3%) of gross revenue
2020 Site Usage Period Three percent (3%) of gross revenue
Gross revenue shall mean gross revenue received by Franchisee from Music Fest admissions
(admission price net of state and local taxes otherwise imposed). The applicable franchise fee
shall be paid to the City Revenue Department within 30 calendar days after the end of the
relevant Site Usage Period accompanied by documentation of gross revenue from Music Fest
admissions in form and detail satisfactory to the Revenue Department. The franchise fee
payment obligation of Franchise shall be personally guaranteed jointly and severally by the
members of HO-MF, LLC.
3.2 Late Payment Penalty. Any amount due and owing under any provision of this
Franchise or under the terms of any provision of any Public Assembly Permit issued for a Music
Fest and not paid by the dates specified herein or therein shall bear interest at the maximum
permissible rate according to the applicable laws for the state of Alabama and compounded daily
and calculated daily from the date due until the date of actual payment.
SECTION 4
FRANCHISE EFFECTIVE DATE
4.1 Effective Date of Franchise. The franchise consent granted hereunder shall take
effect and be in force immediately upon adoption by a vote of the City Council, conditioned
upon receipt by the City Clerk within thirty calendar (30) days after adoption of a written
acceptance executed by Franchisee and all of its members accepting and agreeing to comply with
and abide by all of the provisions, terms and conditions of this Franchise.
4.2 Publication and Governing Law. This Franchise shall be published in accordance
with the requirements of City and state law. Franchisee shall bear any cost of publication of this
Franchise, as such publication may be required by law, and such cost is payable upon
Franchisee’s filing of its written acceptance of this Franchise as provided in Section 4.1 above.
This Franchise every question arising hereunder shall be construed or determined according to
the laws of the State of Alabama.
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Post by beachbob on Dec 19, 2014 18:36:38 GMT -5
AL.com posted the original language that was watered down regarding drug use and it said:
"Franchisee shall not include in the performers, bands, or acts to appear at any Music Fest any person or group with a publicly documented association with the promotion or advocacy of illegal drug use, with a publically documented history of onstage drug use, or with a publicly documented history of recurring drug-related audience disruptions at performances."
I can understand concerns of folks in the area. They do not want the festival to get out of hand like crowds do in some places. IMO "extreme language" and getting "mean drunk" is probably a bigger indicator of trouble than someone smoking weed. I thought the cigarette clause was interesting. Cigarettes and e-cigarettes were pushed pretty hard and probably were the source of some revenue for the festival. The city is only charging a buck for two years of franchise fees and then starts taking a bigger piece of the action. Bonnaroo kicks in big bucks for Manchester and local non-profits so that was going to come. Locking in on 40,000 paying customers is going to require some excellent management to keep the ticket prices reasonable and afford decent performers.
I really enjoy the festival, 2015 will be my sixth. So far, the only trouble I have seen was minor. The police have been measured in their control. There were some fights at the Motorhead show in 2011 and a nominal amount of drug and drunk arrests, but overall ok. While we haven't had Paul McCartney or Elton John, the performers seem to get fired up playing on the beach and I am satisfied HO-MF is doing their best to give customers their money's worth. IMO having condos, smaller crowd, and a beach vibe definitely fills the gap over bigger crowds and payouts at other festivals. Gotta give credit to Shaul Zislin for leading the way and putting himself on the line for all of us to have a good time. May can't come soon enough.
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