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Copia looking for ways to pay workers
Bankrupt center can’t sell liquor license, hopes to use funds from art sale
Tuesday, December 16, 2008
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From selling a painting to exploring the value of its liquor license, Copia is working to identify assets that it can use to pay wages and benefits to former workers.

Napa’s failed center for wine, food and the arts, which filed for bankruptcy earlier this month, remains in negotiations over assets with insurance carrier ACA Guaranty Corp., which is on the hook for much of the $50 million to $100 million that Copia owes its bankers.
According to an e-mail Copia Chairman of the Board Joe Peatman sent to former employees last week, Copia hopes to get ACA’s agreement “to have some of the employees help with a clean-up/inventory sale, get all accrued vacation and payroll covered, and cover some insurance and wind-down expenses.”

Some of those efforts have already met with defeat, while others remain plausible.
The first blow came earlier this month, when Copia’s bid to immediately secure a $2 million line of credit was met with resistance by ACA. That failure prompted then Interim CEO Garry McGuire to step down. According to Peatman’s e-mail, “the rejection of the funding mechanism in court last Friday (Dec. 5) that would have allowed Copia to go forward on a reorganization plan was an extremely disappointing defeat that Garry took very hard...”

Another setback noted in the e-mail is that Copia’s liquor license is not transferable. Usually owners of restaurants or bars that are closing down have the right to sell their liquor licenses to other operators. In Napa County in recent years, such licenses have changed hands for about $250,000.
But Copia’s license comes with restrictions that it can be used only on that site and only by Copia. “The Copia liquor license is very specific and essentially un-transferable and thus holds no market value,” wrote Peatman in a Dec. 13 e-mail. 

Michael Korson, district administrator with the California Department of Alcoholic Beverage Control in Santa Rosa, said “that license was issued specifically for Copia at that location so it can’t leave that location.”

The only option would be to sell it to someone else at that same location, said Korson. The license was purchased for $12,000, he said.

Peatman mentioned two other options in the Dec. 13 e-mail to employees. One is to capitalize on the value of Copia’s intellectual property, which presumably would include recordings of past chef demonstrations, classes and seminars.

Another is to use $80,000 of the proceeds of a November sale of a painting, “Napa Valley Ridge” by Wayne Thiebaud, a highly-regarded California painter known for so-called “pop art” paintings of cakes, lipstick and other objects.

The painting was auctioned in New York on Nov. 13 for $1,142,500. However, Copia had hoped the painting would sell for closer to $2 million, and the center took an advance payment on the sale of the painting.

Peatman wrote that he believes Copia is owed some $80,000 from the proceeds, money that could be used to pay wages and wind-down costs.

Copia, envisioned by the late vintner Robert Mondavi as a way to toast Napa Valley’s role in the wine and culinary worlds, opened in 2001 and hosted numerous concerts and wine-and-food themed events. But it ran in the red from the beginning.

The recent downturn in the economy exerted more pressure on Copia to repay its financial backers, including banks that funded construction of the Copia building on a 12-acre site in downtown Napa.

Copia suddenly closed its restaurant, Julia’s Kitchen, and canceled scheduled events starting in mid-November, filed for Chapter 11 bankruptcy protection Dec. 1, and is expected to wind down operations completely sometime in January.

In the e-mail, Peatman reflected on Copia’s downfall.

“It seemed that at every turn, the winds kept turning against us the financial crisis killed the capital and debt markets that would have allowed Copia to address the debt in a more workable way and create a vibrant home for a re-tooled Copia,” he wrote.

“The art market then crashed, killing the prospect of an additional $1 million in funds to buy us more time to craft a workable solution.”
12 comment(s)

guyfood wrote on Dec 16, 2008 4:42 AM:

" Why was their vacation pay ever spent in the first place? That should have been untouched. Sounds like someone made a huge mistake. I wouldn't be surprised if the employees filed a lawsuit against the CEO, CFO and the Board. I really feel sorry for those employees. "

funnyme wrote on Dec 16, 2008 7:05 AM:

" Where are all the "movers and shakers" of this community who stand up to help "the less fortunate"?

These are people who WORKED and EARNED their pay, now they are on the unemployment lines and were cheated out of their money.
How cruel!

Maybe "our" congressman Mike Thompson and"our" senators BB and DF can step in and try to help "the less fortunate" now!

Oh I forgot, they are probably very busy in DC trying to bail some other kind of "less fortunate" out! "

Newview wrote on Dec 16, 2008 10:27 AM:

" "According to an e-mail Copia Chairman of the Board Joe Peatman....." Good job! I bet itr was hard in snagging that news breaking email! "

aknra wrote on Dec 16, 2008 11:46 AM:

" funnyme, that makes too much sense; I do believe those good political folk are busy planning their trip to Washington DC to watch their massaiah, Barak Hussein Obama, get his crown placed upon his head; perhaps if they can get close enough to the annoited one, they could ask WWOD? (What would Obama Do). "

jwk wrote on Dec 16, 2008 11:49 AM:

" BUT WHAT about the ALL Mighty Tourist Dollars the City always Touts?? Shouldn't they pay up?? The Downtown Empty Bus/ Trolleys are next! UNless of course MORE of our Tax Dollars prop it up!! "

manxkat wrote on Dec 16, 2008 1:04 PM:

" I am sure that Joe Fischer, their world famous CFO has all the answers. Just 2 days ago he gave us all a lesson in simple math in his letter to the editor supporting the Napa Pipe project.

But If he can't solve a problem he was involved in, maybe someone will have lesson in simple math for him. "

jt wrote on Dec 16, 2008 1:47 PM:

" i call it the joyfull circle of intense hatred,

it's funny here how the government and the street traders hate market maker as much as the public of napa hates corporate management. meanwhile the public hates the government because the government will now feast on the laid off employees bodies throughout the holidays with intererst rates on late taxes and late filing fees, and will chew on the laid off employees corpses with planted seeds of meter maids, and traffic violations. meanwhile the government has the power to do things only a criminal could dream up, and the time and funds to do those things. meanwhile the management does exactly what they always do which is keep public opinion of themselves high, and the bonds insurer hates the market maker and the management. i don't know if their is relationship of malice that exists between the laid off emplloyee and the market maker. "

Paddy wrote on Dec 16, 2008 3:51 PM:

" I love this: "The painting was auctioned in New York on Nov. 13 for $1,142,500. However, Copia had hoped the painting would sell for closer to $2 million, and the center took an advance payment on the sale of the painting."

I'm sure that advance went to Peatman and Fischer's bonus'. Unbelievable. "

this_is_alfred wrote on Dec 17, 2008 7:14 AM:

" I believe COPIA knew it would not be able to pay the workers but kept them on regardless and even gave some over-time.

I believe it with every ounce of my being. "

areyoubitter wrote on Dec 17, 2008 8:06 AM:

" All the people with loads of money showed up for the photos and opening of Copia. Now, we see just how small the pond really is out here. Fancy you are not oeople.
Pay the employees!!! "

valleylocal wrote on Dec 17, 2008 9:30 AM:

" Paddy - You are so way off base - and so out of line. Truely unbelievable. "

Annabella wrote on Dec 20, 2008 8:29 PM:

" The corporate world has NO ONE in charge and there are NO leaders, just bloodsuckers. My sympathies to the Mervyn's employee's too...they never knew what hit them. It was all a grand set up to bleed Mervyn's and shut them down. Napa is losing it's charm. "

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