Month: June 2006

The song, “Ya Got Trouble,” from the musical “The Music Man,” has a line, “Well, ya got trouble, my friend. Right here, I say trouble right here in River City.” With a little adaptation to “We got porn my friend, right here, I say porn right here in Branson City,” the line could describe what we currently have in a couple of Branson hotels and may soon have in the Hilton Hotels at Branson Landing on land owned by the City of Branson.

At the outset, it should be pointed out that this is not about the morality of any individual or what they do in the privacy of their own hotel room or home. It’s about the character of our community. the family friendly values that make Branson such a wonderful place to visit or live and underpin its economic foundation, and the contemporary community standards that will determine whether or not something within that community is obscene.

Recently the Ole Seagull heard that the Hilton Hotels in the Branson Landing would definitely be offering sexually explicit movies through their pay per view movie program at one or both of the two hotels they would be operating there. Both of those hotels are located on property that the City of Branson owns and a lot of the amenities and public infrastructure of Branson Landing is being financed with public tax dollars.

Because of the incongruity of sexually explicit movies with the character of our community and the values upon which its basic economic foundation is built, the Ole Seagull sent an email to Mark W. Hartman, General Manager, Hiltons Branson about the situation. When asked, if under the typical Hilton scenario whether a person would “be able to turn on their tv, select pay for view, and access a selection of adult movies that will show naked or semi naked people performing sexually explicit acts?” Hartman replied, “They will be able to choose MA rated movies.”

An Ole Seagull would point out that the rating “MA” is not even on the rating guide for the Motion Picture Association of America (MPAA). It would be a good bet that the majority of the current films with an “MA” rating would meet the definition of “Explicit sexual material” “nudity,” and, based on what he hopes is Branson’s current contemporary community standard, “obscene” as defined under Missouri’s pornography statutes.

In response to the question as to whether or not any consideration was being given by Hilton to changing their typical scenario at Branson Landing “to be more consistent with the family values that Branson is noted for” Hartman replied, “Not that I am aware of.” Taken in total, the responses add new meaning to what Conrad Hilton meant when he said, “It has been and continues to be our responsibility to fill the earth with the light and warmth of hospitality.”

A reasonable person might ask the question, “How in the world, in Branson, Missouri, America’s home of family values and entertainment, can anyone use City of Branson owned land to promote sexually explicit acts whether legally obscene or not?” The answer is relatively simple. The non elected and elected leaders of the City of Branson led the city into a long term lease of the property to the developer of Branson Landing without including conditions limiting or prohibiting these and other acts that are inconsistent with Branson’s entertainment heritage and value structure.

It’s kind of ironic, the very community that got so aroused about the alleged moral depravity that would occur in it if a casino went in at Rockaway Beach, over ten miles away from Branson, did nothing as the serving of alcohol expanded into its family friendly entertainment venues right in Branson. Is there any reason to believe that, without the economic issues that really powered the Rockaway Beach gambling issue, our community will rise up and fight this latest encroachment against the value system that has made Branson what it is today? If history is any indication the answer is, “We got porn my friend, right here, I say porn right here in Branson City.”

The Ole Seagull’s Jun. 11 column, entitled “Will the City of Branson be coming for your customer list next?” evoked an email response from Branson City Attorney Paul Link. In addition to the Ole Seagull, Link sent the response to Branson City Administrator Terry Dody, the Mayor, and the Branson Board of Aldermen. (Note: the Jun. 11 column and is available on line at www.bransoncourier.com under editorials.”

The column was prompted by a letter that Link recently mailed to a lot of Branson businesses demanding that they furnish their customer lists to the city within 30 days and stating that the “City Code” required them to do so. Specifically the column responded to, among other things, the fact that the City Code contains no such requirement and the Attila the Hun like tactic the letter tried to use to coerce compliance with a non existent legal requirement.

In the response Link says, “I would venture a guess that you are getting your information from the handful of individuals that tend to be against virtually everything the City does.” His guess is as wrong as was the statement in his letter implying that the City Code required businesses to submit their customer lists as the letter demanded.

Even a cursory reading of the column indicates that it is based on documentary evidence. That evidence includes Links original letter, Dody’s response to an email inquiry the Ole Seagull sent him regarding the letter, and a review of the City Code sections that Dody referred to in his response. The documents speak for themselves and the only “individuals” furnishing information used in the column were Link and Dody. Does that equate to a “handful of individuals that tend to be against virtually everything the City does?”

Link goes on to say, “It surprises me that you would be in favor of allowing businesses to get by without paying taxes when those very taxes go to the improvement of Branson through infrastructure, marketing and subsidized utility services for the whole community.” Well Link wasn’t the only one surprised because the column contained as much mention of “allowing businesses to get by without paying taxes” as the City Code does authorizing the City of Branson to use a mass mailing to require Branson businesses to send their customer lists to the city so that it can go through them on a “fishing expedition” to determine the tourism tax compliance of the businesses in the lists.

Now things start to get almost laughable. The tax Link talks about has been in effect for over ten years and the City of Branson has the responsibility for collecting that tax. Exactly how many dollars has the City of Branson lost over the last ten years because of its failure to fulfill its responsibilities in this regard? Indeed, a good argument could be made that the city’s failure to fulfill its responsibilities appears “to be in favor of allowing businesses to get by without paying taxes when those taxes…”

Link said, “I must state that I am very surprised that a person I have heard is a lawyer would have such a shallow and lack of understanding when it comes to reading ordinances.” For what it’s worth, that “shallow and lack of understanding” is based on 25 years of experience in interpreting, and teaching Federal Regulations involved with the safe transportation of Dangerous Goods, both domestically and internationally, giving compliance advice to companies, and defending companies that had been charged with violations of those regulations.

In this case however, legal experience has nothing to do with the situation. It is simply a matter of reading. The City Code either contains a provision requiring the submission of the information as demanded in the letter or it does not.

Links own words say it does not! In the email response he says, “Obviously the Tourism Tax Code does not have a provision that states that Paul D. Link is authorized to send out letters to all theaters and hotels to obtain lists of people engaged in the process of selling admission to said entities.”

In an Ole Seagull’s opinion, the city’s typical smoke and mirror show aside, the letter sent to Branson’s businesses demanding that they submit their customer lists to the city within 30 days because the City Code required it, when it was “obvious” that City Code did not, was deceptive. Even worse however, is not simply the shallowness of the professionalism and integrity involved with the attempt but the fact that Branson’s elected leadership, its Mayor and Board of Aldermen, tolerate the very businesses that have made Branson what it is being treated in this manner.

When will it stop? Just about the time one thinks that it is impossible for the City of Branson’s unelected leadership to get any more arrogant or heavy handed with its citizens or businesses it manages to exceed expectations and achieve the seemingly impossible. It gives one pause to wonder; where is Branson’s elected leadership, its Board of Aldermen and Mayor, while stuff like this is going on?

Recently a “To Whom It May Concern” letter, from, the City of Branson, signed by Paul D. Link, the city attorney, was mailed to a lot of the City of Branson’s businesses paying the city’s tourism tax. The letter demanded that the businesses furnish the city with “a complete and accurate list identifying all persons, firms, corporations, agents or entities whomsoever that engages in the sale, transfer, conveyance, exchange, barter, or by any means whatsoever for admission, rooms, meals, services, etc. to your establishment.” Said another way, the letter said “Send us a list of your customers.”

At the outset, the demands verbiage, “all persons,” “whomsoever,” and “by any means whatsoever,” creates a scope of applicability so broad that is an impossible condition to meet. Issues relating to that aside however, what was the justification for this intrusive demand on Branson’s private businesses?

Surely it’s a matter of national security or something of that importance isn’t it? Well not quite. The letter continues, “City Code requires that you provide this information so that a determination can be made on the amount of Tourism Tax that should be collected and remitted.”

Now there’s a scary thought, the City of Branson actually having laws on its books that permits it to use a general mailing to invade the privacy of Branson’s businesses and demand their customer lists. If that is the case what’s next, a letter to all the building supply stores demanding similar records to help the City of Branson enforce its various laws pertaining to everything from tax collection, to building permits, inspections, etc.

On Jun. 5, the Ole Seagull sent an email to Terry Dody, Branson’s city administrator, asking for, among other things, the “The specific section number of the City Code that requires businesses to provide “a complete and accurate list identifying all persons, firms, corporations, agents or entities whomsoever that engages in the sale, transfer, conveyance, exchange, barter, or by any means whatsoever for admission, rooms, meals, services, etc. to their establishments.” On Jun. 6, Dody replied saying, “Read Article VI. Tourism Tax in the Branson City Code, looking first at Sec. 82-151 ‘Definition’ and particularly the definitions of ‘Sale and Sales’ and ‘Sale at Retail’, and then read Sec. 82-157 ‘Examination of books and records.’”

On Jun.7, the Ole Seagull did just that. He could find no such requirement in the sections to which Dody referred and for good reason, it wasn’t there!

The sections to which referred contain requirements for businesses making “sales” subject to the City of Branson’s tourism tax to make their books and records available to the city during reasonable times during business hours for audit and to furnish reasonably sufficient work space, lighting, and working conditions for the conduct of the audits. They are pretty standard audit requirements but contain no authorization for the City of Branson to use a mass mailing to require Branson businesses to send their customer lists to the city so that, in an Ole Seagull’s opinion, it can go through them on a “fishing expedition” to determine the tourism tax compliance of the businesses on the lists.

“Be still, be still, my beating heart;” it gets worse. The letter continues, “Compliance with this request overrides any concerns you have about divulging names of those you do business with.” Oh really and exactly how does compliance with the city’s demand “override” or even address the concerns that the businesses it is trying to coerce the information from might have? Through what omnipotent power does the writer of the letter profess to know the concerns of the businesses he is addressing?

Did the letter address any concerns, let alone the obvious concerns that most prudent businesses might have, such as potential legal exposure from furnishing the information to the city or how the City of Branson might use the information? Is it unreasonable for any business receiving the letter to have concerns that if the city used the information in the same arrogant overbearing manner in which it is attempting to coerce information from them that it could impact on the business relationships they have with their customers or, of equal importance, on Branson’s reputation within the tourism industry?

The last sentence of the city’s demand to its businesses reads “Be advised and govern yourself accordingly.” Would it be unreasonable for an Ole Seagull to ask Branson’s elected leadership, its Board of Aldermen and Mayor, to “please” exert influence on Branson’s unelected leaders to heed its own admonition and reconsider their demands before the situation escalates much farther? He prays not.

As Branson Landing opened last weekend it seems that everyone had an opinion about when it should have opened, why this feature wasn’t ready, why it doesn’t have this or that type of store, etc. Without getting into the merits, or lack thereof, of those opinions, may an Ole Seagull suggest that what is important is what Branson Landing is, not what it isn’t. Why?

The most obvious fact is that Branson Landing is built and is open for business. In terms of concept, design, anchors, structure, features, and initial tenants it is what it is. Like San Antonio’s River Walk, Seattle’s Pike Place Market, Bloomington, Minnesota’s Mall of America, Branson Landing provides visitors and locals with the opportunity to experience something that is unique not only locally but in the entire world.

The location of Branson Landing on Branson’s Lake Taneycomo’s lakefront, proximity to historic downtown Branson and all the rest that Branson has to offer, coupled with its design, public square, and street entertainment, combine to provide it with a uniqueness that is solely its own. When that is blended in with the soon to open fire and water show, the Lake Taneycomo Boardwalk, a condominium residential component, its own hotel, and the variety of shopping and restaurants available at Branson Landing the result is an exciting incomparable experience available only at Branson Landing in Branson, Missouri.

Trying to compare Branson Landing to a traditional mall serves no useful purpose simply because Branson Landing is an “unmall” hybrid life style project. This leading edge retail concept is currently replacing malls and their traditional multiple department store anchors all over the country. In the case of Branson Landing there is one department store anchor, Belk’s, an “alternative anchor,” Bass Pro Shops and a host of specialty stores and restaurants that are consistent with the developers vision for the project, space limitations, and what the Branson market can support.

The result is a shopping experience that offers customers everything from boats and fishing tackle to clothes, jewelry and accessories for just about all ages and demographics, shoes, candles, souvenirs of every type, and just about everything else in between. It is a shopping mix that offers an infinite choice that should appeal not only to Branson’s current visitors and locals, but to the younger visitor and their families that are so vital to the future success of Branson.

Its specialty sandwich, pretzel, ice cream, wrap, popcorn, coffee, gyro, pizza, and candy shops provide many different quick food choices for Branson Landing visitors. Factor in Branson Landing’s excellent selection of full service restaurants offering everything from general fare, to specialty restaurants serving Bar-B-Que, fine steaks, sea food, and Mexican food, all located within one convenient destination, and the result is an epicurean delight with a selection of food, drink, and pricing to fit just about every desire and budget.

Branson Landing is designed, consistent with the reality of the size constraints of the land upon which it is built, to maximize the beautiful Lake Taneycomo lakefront. Its center piece, the town square and fountain, is keyed to the lake and will provide direct access to the boardwalk. The design of the mile plus long boardwalk offers visitors to Branson Landing an opportunity to walk its length and experience the majestic beauty of Lake Taneycomo separated from the bustle and excitement of Branson Landing that is taking place just a few feet above them. A number of the restaurants have locations that feature views of the lake and its bluff from their dining room or patio.

Like Branson itself, Branson Landing is an exciting vibrant, entertainment experience. Street performers of just about every type help create an atmosphere of fun and excitement. The fire and water show on the lakefront at the town square will provide a spectacular show that will be unique and, like Branson Landing itself, will become an icon for Branson and a must see experience. Blend that with special events on the town square, a dinner theatre experience, and other specialty events that tenants will be sponsoring and the entertainment possibilities for Branson Landing become endless.

Branson Landing might not be a lot of things but this one thing it is, a unique exciting experience unlike anything else available in Branson. An experience that is, at one time, complete in itself yet blends in with, and compliments, the rest of what Branson has to offer. It is another reason to visit Branson for the first time or to come back again which can now proudly proclaim, “Our doors are open –come on in.”