Month: September 2003

An August 15 article in the Wichita Eagle, entitled “Opportunities lure local businessmen to Ozark Resort,” reported on the connection between, what it, among other names, refers to as the “Wichita Mafia,” and the Branson Landing project. It said that the “Wichita Mafia” is simply “a bunch of guys who gradually switched from doing business in Wichita to developing in — and finally moving to — Branson, Mo.”

In keeping with its theme, the article describes some of the people who can make things happen in Branson and their financial commitment to making them happen. It said, “Chief among the movers and shakers in the development community are [Rick] Huffman, Santo ‘Sam’ Catanese and Marc Williams of HCW LLC.”

It further reported that “The development company won a major bid for the Branson Landing project, a $300 million public-private partnership to develop retail, hotel and convention center space on Lake Taneycomo.” The article continues, “HCW’s financial investment in the project, which has been likened to San Antonio’s Riverwalk, is $180 million.” Oh, really!

In actuality, “the development company” that won the bid for the Branson Landing project was not HCW LLC it was an entirely different company. The company mentioned in the article, HCW L.L.C., was created in May of 2000. HCW Development Company, L.L.C. (HCW), the company that won the bid for the Branson Landing project on August 27, 2002, was created on April 3, 2002. Both corporations have the same registered agent, Marc Williams and the same mailing address.

If “HCW’s financial investment in the project…is 180 million” where has it been spent? The Ole Seagull is aware of tens upon tens of millions of dollars being spent by the citizens and businesses of Branson on the Branson Landing project through their Board of Alderman and city administration. He has yet to see a report indicating that HCW has spent or invested $180 million in the project.

If the public record is any indication, one could almost get the impression that the only money being spent by HCW is money for which they get reimbursed by the city. Wouldn’t it be interesting to see a comparison of how much of its own funds HCW has “invested” or will invest, as compared to the tens of millions that the city has spent thus far and the tens of millions both HCW and the city will borrow to complete the project?

The article also states that the Branson Landing project “has been likened to San Antonio’s Riverwalk.” Who can honestly compare the history, intimacy, atmosphere, design, pedestrian flow, tenant mix, and the water feature of the San Antonio Riverwalk, with the projected Branson Landing project? Could it be some of the same people who describe it as a “world class attraction?”

How “world class” can it be, if people are concerned that competition from a “regional shopping center” in Branson Hills could effect its success? In the opinion of an Ole Seagull, the Branson Landing Project is about as close to being “world class” as the investment of HCW in it to date, is to $180 million. Oh, it will more than likely be built. The only question is, whether five years after it opens, will it be “likened to San Antonio’s Riverwalk” or the “Titanic?”

Gary Groman, a.k.a. “The Ole Seagull,” is an independent columnist and the editor of the Branson Courier. He may be reached by clicking here or by calling 417-339-4000.

Last weeks column entitled, “The ‘Odyspin Virus’ – Part 1 – Silence the public,” which can be viewed on the internet by clicking here, discussed how the Odyspin Virus has infected the public’s ability to speak at City council Meetings.This week’s column explores how it has infected the City’s ability to regulate the expansion of the drinking of alcoholic beverages into its theatres, theme parks, and amusement parks.

The issue isn’t whether or not there should be expanded regulation.That is something that is between the community and those elected to represent them.Rather, it is an issue of whether or not the community even gets to discuss such expansion in a meaningful way with their elected representatives.That’s kind of difficult to do when the Odyspin Virus has so infected City Hall and the Board of Aldermen that the prevailing attitude, regardless of existing state law, is that, “The City does not have the ability to regulate alcohol in theatres.It is a state issue to be taken up with the State of Missouri.”

Why is it even an issue in Branson?Over the years, a large part of Branson’s promotional “brand” has been the wholesomeness, Christian values, patriotism, and family values associated with its entertainment environment.Mr. Ross Summers, Chamber Executive-Vice President, was recently reported as having said, “Branson is family-friendly, wholesome entertainment. It’s based on Christian values and patriotic themes, and we believe gambling doesn’t represent those values.”

“Alleluia brother.” But neither does the spread of the sale, serving, and consumption of alcoholic beverages, from their traditional venues, into our theatres, theme parks, and amusement parks where, traditionally, they have not been served.Does it?

At the August 25, 2003, meeting of the Branson Board of Aldermen, regarding what the Ole Seagull calls the “Purvis Ain’t No Alcohol Here Resolution,” the Ole Seagull, as others before him, wanted to encourage that the Resolution address the expansion of the drinking of alcoholic beverages into our theatres, theme parks, and amusement parks.Then the “Odyspin Virus,” in the form of Terry Dody, City Administrator and City Attorney, Daniel Wichmer, started its “spin.”

When the “spin” fell short on the procedural aspects, the tape of the meeting shows that Wichmer, said, “Actually Mr. Groman, what I am trying to point out to you, since you raised the question, is that the City does not have the ability to regulate alcohol in theatres.It is a state issue to be taken up with the State of Missouri.”As one who would walk into a room full of “dribble” and ask where the “dribbler” was, the Ole Seagull instantly knew he was standing knee deep in “Odyspin Virus Dribble.”

In response, the Ole Seagull stated words to the effect, that although the State controls the initial licensing, there are statutes that permit the Cities to regulate the sale of alcoholic beverages within their jurisdictions and “you are aware of them.Aren’t you?”Never answering the question directly, a distinct symptom of the “Odyspin Virus,” Wichmer said, “I stand by my opinion.”

Among other things, Section 311.220 of Missouri’s Liquor Control Law authorizes the Board of Alderman of a City to “make and enforce ordinances for the regulation and control of the sale of all intoxicating liquors within their limits.”Further it permits them to “provide for penalties for the violation of such ordinances, where not inconsistent with the provisions of this law.”

In May of 2001, in the case of “State of Missouri, Respondent v. Entertainment Ventures I, Inc,” the Missouri’s Supreme Court specifically addressed the application of Section 311.220 to local regulation.In discussing the application of Section 311.220 to Section 311.095, the very statute authorizing the liquor licenses to the businesses that Wichmer says “the City does not have the ability to regulate,” the court said, “Put simply, the two sections are not contrary to or inconsistent with each other. Indeed, the two sections are entirely compatible and are part of a complementary system of state and local regulation of businesses that sell intoxicating liquor.”

Evidently they didn’t put it simply enough. At least not for the “Odyspin Virus” that seems to thrive on an environment of created confusion, “smoke and mirrors,” making the simple complex, and the controlling of public input into the processes of government.Whether or not Branson chooses to exercise the authority given to it by statute is one thing but having that authority is a matter of law and even the “Odyspin Virus” cannot change that!