As more BottleRock suppliers step forward with unpaid bills in hand, the known amount of money festival organizers owe to vendors now tops $2 million.

Nathan Trivers, co-owner of Up & Under Pub and Grill in Point Richmond, said that BottleRock owes him approximately $190,000 for catering services.

Trivers said that between April 28 to May 13 his business provided approximately 8,500 meals for BottleRock staff, bands, stagehands, security and others. He was supposed to be paid approximately $280,000 for the work, Trivers said, but he’s only received a total of $90,000.

Trivers said not being paid in full has severely impacted his business. “This (expletive) thing has just about bankrupted me,” he said. “I’ve had to take personal loans.”

“I’m between a rock and hard place,” he said. “I have to look out for my 33 employees and my business,” Trivers said. “I don’t want to be the whistle-blower. But when the reality of the dollars hit, I was like holy (expletive). I have a payroll due in two days and I have no money.”

In the weeks after the festival, he’s talked with Bob Vogt, festival co-founder, about getting paid, Trivers said. “To be honest, he sounded genuine that he wants to make this right. Is he a shyster? I don’t know. Something’s funny.”

When asked about pursuing legal options, he said, “I don’t have a ton of money to hire some hotshot shark lawyer.”

Trivers also questioned the role of the city of Napa in this affair. “Is that how Napa wants to be perceived? Go to Napa and get screwed? The city and the DA ... need to do something about this.”

Mike Harrison, executive vice president and CEO of Landmark Event staffing services, said that BottleRock organizers owe his business $166,000. Harrison said that between 150 and 160 Landmark Event staffers worked at the five-day music festival providing security and event staffing services. Wearing distinctive yellow jackets, most were found at the entrance and exit gates at the Napa Expo.

Harrison said his company is owed a total of $228,000. Organizers gave him one check for $125,000, which was returned for insufficient funds, Harrison said. A second payment for $62,000 cleared.

After the one check bounced, “we immediately started calling” BottleRock representatives, Harrison said. “We were assured that everything would get taken care of” by a June 14 deadline.

While he’s paid his employees, “our business is not a high-margin business,” Harrison said. “We are going to be pursuing all of our options” to get paid. “We want to get our money,” Harrison said. “We will take every legal step that’s available to us.”

The five-day music marathon, held May 8 to 13, became the largest event in Napa history, bringing tens of thousands of music lovers to the Napa Expo. Attendance was estimated to reach more than 120,000. Neighbors and downtown businesses grappled with the influx of visitors, some benefiting more than others. A number of charities were promised a total of up to $1 million in donations.

But almost two months after the festival’s conclusion, BottleRock organizers have yet to pay 142 union workers $630,000 in wages as well as a number of other vendors who worked at the five-day music event. One lawsuit has been filed for breach of contract.

In recent weeks festival organizer Vogt announced plans to recruit investors for the festival.

“We have multiple offers on the table,” said Vogt on Tuesday morning. “We’re trying to figure out which one we’re going to go with,” he said.

In addition, “We are still looking to resolve our dispute,” with Cindy Pawlcyn’s food group, CP Cooks LLC, over money collected in food and beverage sales at the festival, Vogt said.

According to Vogt, BottleRock has received no money or final accounting from CP Cooks. He said he is eager to make the promised donations to a number of charities that participated in the event. According to the original plan, $1 from every beverage sold was to be set aside for those charities.

“These charities are due their money,” which was promised by July 1, Vogt said.

Reached by phone on Tuesday morning, Pawlcyn said she would like the charities to get their money as well. She disagreed with Vogt’s claims and referred other questions to her attorney, John McClintick.

McClintick also disputed Vogt’s account. “A detailed accounting has been provided to BottleRock,” McClintick said. Instead of CP Cooks owing BottleRock money, it’s the other way around, he said.

“BottleRock organizers owe us a significant amount of money,” the attorney said. When asked to comment further on Vogt’s assertions, McClintick declined, citing a confidentiality agreement that bound him to silence.

“Bob is saying a lot of things,” he noted.

Napa city spokesperson Barry Martin said city representatives are “very aware of all that’s going on with BottleRock.”

“We’re paying attention to everything that’s being reported,” Martin said. “We understand that people are owed money. We are certainly concerned,” he said.

However, the city cannot enforce whether a business or organization pays its bills or not, he said. Any person who is owed money should contact the police department or the district attorney’s office or a private law firm, Martin said.

As far as the $106,730 that BottleRock owes the city, “We certainly hope we will see the rest of what’s owed on the 11th of July,” the date the funds were promised to be paid, Martin said.

No complete complaints about bounced checks have been filed at police department to date, Capt. Jeff Troendly said on Monday. Someone initiated a complaint about a bounced check for $10,000 owed to a catering company at BottleRock, but “the victim hasn’t provided the (complete) info so we can move forward,” he said.

Writing a check with the knowledge that there is insufficient funds in the account to cover the sum is considered a criminal act.

In a written statement, Napa County DA Gary Lieberstein said, “To date our office has not received any police reports from law enforcement requesting any criminal action” in regards to BottleRock.

“If an individual or company believes that they are the victim of a crime, such as being given a check that is not covered by sufficient funds, they would need to report their situation to their local law enforcement agency,” he said.

“Law enforcement would then investigate to determine there is probable cause to believe a crime was committed and they can prove who did it. At such time, law enforcement then forwards the case to our office where our review commences.”

“While we may speculate as to what was in the minds of the promoters at the time promises were made or checks were written, the difference between civil and criminal liability is huge as to the burden of proof required in court,” Lieberstein said.

“We are certainly available to review any requests for criminal charges submitted thereafter and to file those cases which we believe satisfy our ethical and legal criminal standards,” he wrote.

On Tuesday, a new Facebook page urged supporters of Up & Under to join a “cash mob” at the restaurant to benefit the business.

“We’ll be mobbing them with lots of people and if everyone buys a beer, the volume will add up,” wrote organizer Michaela Graham. “The more people are coming, the better.”

“If you believe in small, local businesses who make a difference to the community, then please, please come out and buy one of their specialty beers or wines.”

On Monday, Dave Navarro of the band Jane’s Addiction, which performed at BottleRock, commented on Twitter about the pub’s unpaid bill. “@BottleRockNapa What’s the latest with @up_underpub Up & Under Payment??? Can we move this along?”

(68) comments

singerandasong

Mr. Martin although you have responded to others regardimg Ciy issues you have not responded to the issues i raised above nor Fandrews comments aboit Mr. Mazzuka. Many of us would like some straight answers from the City.

FAndrews

Also, I'm glad Lucky Penny vendors and workers were able to be paid with BRNV money. I know a couple of stage hands and workers that could certainly use that money.

FAndrews

Barry Martin states "it went to pay workers and vendors at our production . . ." In my opinion, that's part of the problem. Why did BRNV purchase the tickets to begin with? Was this some idea that just came to them, or did someone solicit the funds? I never suggested that you received the money, but you are one of the co-founders, so indirectly you did benefit in my opinion. So I can't put a lot of trust or merit in what you say. Call it what you will, but it's clearly a conflict.

FAndrews

Barry Martin you are the Co-Founder of Lucky Penny. BRNV purchase $5,400 worth of tickets to Lucky Penny Production, Funny Girl. I'm not sure that you are a disinterested party when it comes to BRNV. I'm sure some of the workers and vendors could use that $5,400, couldn't they?

Barry Martin
Barry Martin

@FAndrews - where do you think that $5,400 went? It went to pay workers and vendors on our production - musicians, actors, local service providers. I did not receive any money. Personally I am very sorry people are still waiting to get paid by BRNV.

FAndrews

The department that issues the special events permits for the City of Napa is the Napa Parks and Recreation. The Foundation for Napa Recreation was also one if the non-profits listed on the BRNV website. That seems a little conflict if interest, no?

overthehill

3. Why is it that the City continues to hide behind the City promotions staff person instead of the real managers coming forward to answer the questions. Barry we have worked before but you should not be the lead person on this one as it makes it look like everyone is hiding behind your skirts. Some of these people were told by the City Council to do things they did not agree with, but thats the way it goes in this alice in wonderland council.
4. The physical size of the event and the few weeks used to put it together should have thrown up flags to everyone involved to get money up front, guarantees from bank or people, etc. If it sounds to good to be true,..............

Barry Martin
Barry Martin

No one is hiding behind skirts or anywhere else. I am just trying to provide information in this forum that I think may help people have the facts. The City Manager, the Mayor and the Councilmembers can be contacted directly, of course, at any time.

overthehill

There are several questions that could clarify all of this messy concert promotion, money collection and payment for contractual arrangements to all.
1. It seems that the non-profits pressed all of the government services to advance money on the possibility they would receive their portion of the proceeds. It seems that the political forces behind this promotion enabled (forced) the City and the Town and Country to agree to advance funds for their providing space, safety and security and traffic control as well as trying to realistically manage something they really are ill equipped to manage at the size anticipated.
2. Why were the promoters not required to provide guarantees of assets for this promotion? They did not pay the fairgrounds anything until a month after the fact and had two months to pay off the City? Where in a business nightmare were the politicians, the City Manager, the Police Chief, the Fire Chiel when this can of worms were put together. to be continued

Barry Martin
Barry Martin

@ overthehill - There was no "advancing" of funds involved on the part of the City of Napa. Special Event applicants are required to make deposits based on anticipated fees. BottleRock made two payments to the City prior to the event. Each payment was one-third of the expected total. Their outstanding balance due to the City is the remaining one-third.

Barry Martin, Community Outreach Coordinator, City of Napa 258-7843 bmartin@cityofnapa.org

singerandasong

With all due respect I believe you are incorrect regarding deposits and payments to be made after the fact. The Rules and Regulations of the City of Napa specifically state that "All users must pay the application fee at the time of application to reserve requested special event facilities. All remaining event requirements and fees are due prior to the approval of the permit." The Rules and Regulations also state that "Organizations must file a City Special Event Permit a minimum of 90 days and a maximum of 365 days prior to proposed use." Clearly BottleRock did not comply with either of these rules and regulations. The City Manager has stated that "The BottleRock event has not been processed through the established City’s Special Event process." By what authority were the BottleRock promoters allowed to bypass the process and who granted the permission to do so? Why did Councilman Sedgley not reveal he is the head of the non-profit organization that was a major Community Partner?

singerandasong

Also I do not recall the City Council ever taking a vote on anything regarding BottleRock. If this is the case who were the person or persons who made the decisions regarding the granting of the Special Event Permit. Did they seek permission or guidance from the City Council outside of City Council Meetings? If so has anyone looked into whether or not this violated the Brown Act with regards to serial meetings? What is the connection between the City of Napa and the non-profit Foundation for Napa Recreation? Up until recently I believe they had a page on the City of Napa's website and their email has a City of Napa address. Did Councilman Sedgley play any role in the granting or consideration of the Special Event Permit?

FAndrews

In doing some research Larry Mazzuca is The Director of Parks and Recreation services with the City of Napa. They are the ones that issue special event permits.
Larry Mazzuca is also on the board of directors of the foundation of Napa Valley Recreation.

garretth37

So sad, I thought the even was pretty good but had problems. Not enough planning, no t-shirts, yes t-shirt sales might have helped, and free giveaway. Yes big concerts like this can be a black hole for money and this has become true.

I was hoping 2014 BRNV would return but it won't be coming back folks.

We also proved that we could have a large event, 5 days was to much but a 2 to 3 day event during the summer season and not when schools are in session. A sponsor or maybe a few, the concert would end earlier, better marketing and BRNV would have helped. Come on people love buying t-shirts, posters and hats. A better concert and downtown connections for stores and a art festival downtown. Yes the in and out pass would have been better for downtown.

Also thought we could get people to the big event, then market smaller events. Really thought we could have a country fest, a blues fest and heck maybe have a bluegrass fest.

With food, wine, music and t-shirts.

Napa_Slacker

Interesting news. From my point of view, I will not be sorry to see Bottle Rock go. We have examples of great ideas in Napa that didn't pan out, so organizers spending themselves out of existence is nothing new. I guess Bottle Rock brought together a lot of optimism, but in the end people have to get paid. Next year will be so quiet--looking forward to it.

Jane Esters

The key is "for those in attendance" Too bad the rest of the town had to suffer for your "fantastic event". Napa it too good for that kinda stuff. We don't want it, we don't need it and God willing it will never be back. If you want that kinda stuff in your backyard move to San Francisco or Los Angeles or Sacramento. We are too small and too happy being small to allow another crime like this to be perpetrated against our city and our neighbors. Bye, Bye Bottle Rock! Long live small town America!

Jane Esters

Wow, I thought all the pro-Bottle Rockers had moved on. Not sure what to say to them except we tried to tell you this would all go bad. No one would listen. I love having the chance to tell you "I TOLD YOU SO!". If your going to buy tickets to another festival I would recommend Coachella. I hear it is pretty nice. As for Bottle Rock, thank God, good riddance. I look forward to the day I log in to the Register and see the headline "Bottle Rock Promoters Arrested!" We can wish.

AttenUnpaidBRNVStaff

Bravo FAndrews! Well said. 100% agreed.

mariov415

Michael P Wilson, in response to your comment, A concert security guard get`s about 11 bucks the first 8 hours. These guys were probably working 12 hr shifts which would give them 4hrs at 16 an hour and I`ve seen festivals like this where security works over 12 hrs at double time. That means the guard could have been making 160 or so. With the cost of running the business, sizeable insurance etc. and a profit, a company charging 260 per security staff for a 12 hr day is not overly high..

AttenUnpaidBRNVStaff

Paddy- there won't be another Bottlerock. There are no magical white unicorn investors. Bob has had meetings with potential buyers to clean up his mess but alas no real Promoter will go near this given the debt and they have turned him down. The experts tried to warn Bob and Gabe but they would not listen. They went on an endless spending spree like children in a candy store. Then driven by greed they paid back their investors days before the festival without money to pay the bills. At the same time they used BRNV ticket money to attempt to buy the Uptown Theatre. Escrow fell through. How reckless and distasteful of you to chalk this up as negativity. Some of these unpaid workers are in jeopardy of losing their homes and businesses. It's a lovely fantasy but there will not be another Bottlerock. These unpaid workers, businesses, the County and fair won't see any money. Bob and Gabe are broke and have very little assets. I'm glad you had fun and feel this was such a "GREAT" event.

Paddy
Paddy

Wow, so much negativity. It’s really not too surprising considering the negativity leading up to what turned out to be a fantastic event for all those in attendance. I imagine many of those commenting here are the same who necessitated the free ticket giveaway in an attempt by the promoters to assuage the detractors who represent a distinct minority of Napans. Because of that the promotors are now faced with a financial dilemma that is providing meat for the hyena’s to latch onto.
It’s obviously important that all outstanding bills be paid and it sounds like those owed money have the patience and understanding to give Bob and Gabe the time they need to make things right. I look forward to next years Bottlerock. It was good for Napa, it was good for CA taxpayers, it was good for the fairgrounds, it was GREAT for music fans around the world and hopefully it will be great for all those lucky enough to be involved in next years festival.

FAndrews

Paddy I find it amazing that you feel the financial devastation caused by BRNV not paying their bills is good for Napa and CA taxpayers. The fact that Up and Under Pub is on the brink of financial ruin because of BRNV outstanding invoice is unacceptable. Not too mention all of the other vendors and individuals still not paid.
NES, Landmark and Up and Under have already paid their employees even though they are still owed money. its not okay for them to shirk their financial obligations.
With regards to the free ticket giveaway, prior to the event, Bob and Gabe were papering the town with free tickets as well as multiple discount codes for reduced ticket prices. This was not done because they were being generous citizens, it's because tickets were not selling. Nobody offers discounts weeks before the event unless they are in serious trouble. Bob and Gabe knew then that they had to get bodies through the gate, hence the mass ticket giveaway.

mariov415

Paddy where did you here "it sounds like those owed money have the patience and understanding to give Bob and Gabe the time they need to make things right"???. Of all that I know that are owed money, they are not patient with what`s going on. They want/need/demand their money NOW.. They are not understanding. All they understand is BR should have paid them 2 months ago. All they undersyand is that they undependable untrustable flim flam co artist. I think it an insult that you try to float the thought that "it sounds like those owed money have the patience and understanding to give Bob and Gabe the time they need to make things right." This is not true...

jenriley2

There have been some comments regarding Bob & Gabe being experienced promoters. Did they have the skill set and experience to pull off BRNV? I went back through some interviews that occurred prior to the event, here are some interesting sound bites:

SF CHRONICLE, 5/5/13:
Vogt and Meyers initially reached out to some of the more established Bay Area concert promoters about getting assistance with pulling the festival together but ultimately decided to do it on their own.
"I had a really good relationship with people who had been doing this sort of thing for a long time, the kind of guys who get hired by the bigger promoters," Vogt says. "We gathered up a bunch of festival pirates with big skill sets; they do all those big festivals like Bonnaroo and Coachella."

Bob met with experts. He hired qualified staff, and he forged his own path. Seemingly, this is does not indicate inexperience or "greedy vendors" taking advantage of Bob and Gabe. Did the "festival pirates" mutiny?

jenriley2

Br2014 - wow, you certainly have a unique point of view. The City did not require BRNV to hire Bauer, they required a comprehensive traffic management plan that accommodated the needs of the community and attendees. Any seasoned business person negotiates their contracts well in advance. Contracts were signed, services were rendered, and payment should be made. If Bob Vogt, an attorney, ca
n't negotiate a simple contract, how can he possibly recover from this financial tailspin and salvage his festival and his reputation? Poor inexperienced promoter is a laughable characterization. Bob & Gabe had access to ticket counts and projected revenue before doors opened. They single handedly created this situation, and need to accept responsibility for it. Simply put, pay your bills.

MICHAEL P WILSON
MICHAEL P WILSON

The BRNV site still has a Pre Sale for 2014 collecting money. Perhaps the County DA or the State AG should get that shut down. Some of the companies would have done real well if Paid. The Security Guy bulled $285 per Guard per day. What does a Security Guard Get Paid for a days work?

eyeremembertim

Thank you vocal de local. I am willing to have an open mind mind as to how the financial mess here was created. Obviously this is not Bill Graham Productions but perhaps more like ol Max Yasgur back in the day just overwhelmed by what he had unleashed. Now comes the time to take responsibility for what has unfolded. City and county liability here will not be popular with most residents. Civil and, who knows, criminal penalties will deal with the rest.
I like glenroys comments regarding relocating the event to a more suitable site. Though I will readily acknowledge how fun this was for it's supporters, it was of dubious value to local restaurants, wine tours and visiting wineries in general especially upvalley. Much of this however could be mitigated by better planning etc. Needless to say the promoters here are way over their heads and in need of major resuscitation or return from the big chill. My heart and sympathies go out to the workers and businesses impacted by this.

br2014

Wow, there seems to be a lot of paranoia and negativity going around. Do people really believe that Bob and Gabe planned for this to happen in their own home town? No one has addressed the fact that BR was forced to hire Bauer, their biggest creditor, for the buses due to the city's unwarranted hysteria about parking, Or that Bauer's exorbitant charges are being disputed. BR's financial problems are largely due to greedy vendors preying on inexperienced promoters. Bob Vogt has been amazingly upfront and transparent about this whole unfortunate mess. Can the same be said for Cindy Pawlcyn. She hasn't provided any facts or figures to defend her position, but instead hides behind a "confidentiality agreement." Whose privacy could she possibly be protecting? People have noted that Cindy is a successful business woman, yet she doesn't have an accounting for a 4 day event after almost 2 months?

gettingreal

br2014 said "wow, there seems to be a lot of paranoia and negativity going around."

Yea, 2 million in unfunded promises will do that. I hear you blaming everyone and everything except the people who actually caused this problem. Are you really Oracle under a different screen name? I guarantee that if you where one of the ones owed this money your position would be different. About 2014. Dream on!

Iceman

As I understand it, the city insisted on more buses so late because 1) the permit applications were submitted mere weeks before the event, and 2) their initial proposal of just 25 buses would have meant it would have taken all night to empty out the fairgrounds. And maybe the organizers could have avoided the short notice if they'd worked with the city from the start, rather than going around through the backdoor. Regardless, considering they're bouncing checks for a few grand, does anyone believe that even if the city hadn't forced their hand that the bill would be paid?

And as for CP vs BR ... I'll take the word of the people who aren't bouncing checks, until proven otherwise. You want to talk about accounting, why the hell is a successful businessman cutting checks without sufficient funds to back it up? BTW, confidentiality agreements are generally put in place by the OTHER party, for their protection.

eyeremembertim

I hope Napa's blossoming reputation as a part of the valley's tourist industry heals quickly from the hangover of the empty bottle rock fiasco.

eyeremembertim

I had mixed feelings about the event from the start and felt guilty at almost 60 that my appreciation of large outdoor music events might be waning. I was raised here and my family goes back to 1900. I work in the wine industry and have been involved in every aspect including vineyard work in the 70's. I argued hard with my father then about the ag preserve. He was a home builder. I believe now more than ever that our vigilance as a community and world class AVA is built upon thwarting the ill conceived efforts of those who would capitalize on our valley's reputation at our expense for their cheap commercial gain. Bottle Rock is a classic example of this. If the principals involved are not outright scam artists their actions and behavior certainly argue otherwise. What is most disturbing however, is the gullibility of so many in our community and particularly our elected officials involved, to have been "taken" and willing help this shameful exercise in blind excess.

vocal-de-local
vocal-de-local

Very good comment eyeremembertim.

napa333

Vdl, I for one think that Martin broke the law and would like to see someone besides Napa's good old boys network do an investigation. He had a seat at the table on all the talks and decisions on brnv and whether or not he was in the position to make final decisions or not, just having a seat at the table enabled him to influence those decisions. He did more than make a poor judgement, and people like you saying give it a rest is exactly why our politicians get away with as much as they do. He got his money up front can you say the same thing about the other non-profits, maybe they didn't have as much to offer. Instead of telling me to give it a rest you should be asking what went on.

gettingreal

Martin's not the one who owes everybody money. So he managed to get paid. big deal. Some of us are thankful that he's willing to come on here and clarify some of the issues. Pick your battles!

vocal-de-local
vocal-de-local

I apologize napa333, I shouldn't have said "give it a rest" I wish I could go back and reword it.

I understand your concern, really I do, but I do not see this the same way that you do.

Marty

I wonder why BottleRock gave all of the school district employees free tickets. They would have made more money. I gave mine away.

vocal-de-local
vocal-de-local

Marty, I suspect that BRNV promoters were disorganized from the get go. They added more complexity. more days rather than keeping it simple and small to start out with.

The addition of Thursday was a bad idea, especially for a start up event. Low sales on that day meant that it was wiser to give tickets away than take a complete loss, By doing so, at least there was a chance that people would purchase food and beverages.

napa333

Good thing you got your money up front Barry. I was under the impression that your boss had removed you from anything concerning brnv including commenting on it. How about getting someone to speak for the city that doesn't have a conflict of interest, real or perceived.

Barry Martin
Barry Martin

@napa333 - There is no "commenting on BRNV" in my post. I am simply trying to help people understand the roles of different offices and agencies, which is something I have always done and will continue to do. People are looking for answers and it's part of my job to try and help, even when I know some people will continue to take pot shots at me. I have freely owned up to my error in judgment. Perhaps we can all move on.

vocal-de-local
vocal-de-local

Give it a rest napa333. For one thing, from what I understand BRNV was held on the same nights as a Lucky Penny production and BRNV (and yes they may have been trying to buy influence but you can't blame Lucky Penny people for that) bought a bunch of the Lucky Penny production tickets, giving them away to people who surround the fairgrounds.

I, for one, appreciate Barry Martin's input on the NVR forum. He's informative.

I don't think Lucky Penny or those involved with it did anything wrong by allowing BRNV to purchase tickets. What do you think they should have said "oh no, we forbid you to purchase any tickets and give them away to people in the community".

For crying out loud, there are more important battles to be fought here.

Barry Martin
Barry Martin

There is a fundamental misconception among some of the commenters here that I hope to clarify. The City Attorney does NOT have an investigative function in disputes between private parties unless there is a violation of Municipal Code - and the Muni Code does not have jurisdiction in the issues that are being raised in regard to BottleRock. The functions of a City Attorney are very different from the functions of a District Attorney. If you read the story, you will see there is a path for filing complaints through the Police that may then involve the District Attorney, or a person owed money can file a claim in civil court, but, again, this process does not involve the City Attorney. I am happy to answer questions as best I can for anyone who would like to contact me.

Barry Martin, Community Outreach Coordinator 258-7843 bmartin@cityofnapa,org

FAndrews

That may be so, but there must be a responsibility from City Officials AND the State as well as the Expo Board of Directors that they allowed BottleRock and Bob Vogt to use State and City property without having the proper credentials or funding to be able to undertake the "party" that they threw. These people did not protect the people --( including the people who have not been paid for their services) that they represent from doing unethical and fraudulent business in their town. Further, they are turning a blind eye to the fact that Bob Vogt is promoting BottleRock 2014 and is taking public money currently to fund his debts from 2013 when he has no permit with the CIty or Expo to even have a festival next year. It certainly would be negligent on the part of the City or State to move forward with the BottleRock promoters or any 2014 festival while such upheaval and question marks about their ethics and possible criminal acts are swirling about. Not to mention to lawsuits pending

Wrecker

Biting off more than one can chew is not criminal, but it can still land you in prison for fraud and other charges. There are some very savvy companies out there that these guys owe hundreds of thousands of dollars to. I guarantee you that those companies are going to pursue this to squeeze out every penny owed to them and when nothing is left and bills remain unpaid and commitments to charities not met, then they could face criminal prosecution.

hubble

Given this pileup of stories of who has not been paid what by the BottleRock promoters, it seems likely that this is like The Producers--they sold far more than 100% of the show. The total ticket sales are not NEARLY enough to cover the costs & obligations incurred. In short, it is an enormous rip-off. Has anyone done the math on supposed ticket sales and how much money that would generate? And compared that with all the costs we know about--and allowing for all the costs we do NOT know about?! BottleRock was probably a LOSER from DAY ONE! Ha! Probably BEFORE day one.

There will be NO BottleRock next year, or any year after that. These promoters are history. The effects of this fiasco are devastating and will not be forgotten or forgiven.

JoJo Silverado

Where is Gabe?

Before the event, he was the one doing interviews.

Now it's Bob.

I was there. I can tell you that they are not bad people. It was just ego that made them spend more money than they could ever make.

They wanted to create the most amazing event and were (tragically) oblivious to the financials.

BottleRock is dead. Nobody with an ounce of sense would throw good money after bad. Bob & Gabe's lives are ruined. I know that is no solace to the people who are owed $3,000,000 but the only ones who are going to get any money out of this are the attorneys.

Iceman

Well I'm not going to say they are or are not bad people, but I know from experience that many people who will rip you off seem like really good people right up until money is involved. How well do you really know these guys? Besides which, being irresponsible with others' livelihoods riding on your shoulders ... I'm sorry, but that DOES make you a bad person.

And unless they're personally on the hook financially, we can save the "lives are ruined" talk for those who have lost or are in danger of losing significant income, homes, or even businesses as a result of this debacle. If investors and Bob/Gabe either broke even or made a profit, while workers got stiffed, those aren't he actions of good people, nor are they the ones whose well-being we should be concerned about.

FAndrews

I think in the coming weeks we will see more litigation filed against BRNV. Keep in mind some of the vendors may have had a verbal/written agreement to extend the due date. Also, some if these vendors are small businesses and don't have the funds to hire an attorney and may be trying to secure those funds.
Be that as it may, the District Attorney and City Attorney should be investigating where all the money for the non-profits ended up.
Two of the non-profits were founded by Vogt. Autism Arc and Autism Chords. Why form two non-profits five months apart, both for Autism. Could money have been filtered to them for Vogt? That's a question that begs answering doesn't it. Where is all the money from the ticket sales, silent auction and eBay sales?
I agree with Jane, who in their right mind would give BRNV a dime of investment money. This is in the press, it was on the TV news again this morning, in Pollstar and we now have Dave Navarro sending out twitters.

napkinator

Nobody should be blaming the City for this mess. The Napa County Fairgrounds where the concert was held is under the County's jurisdiction. The City has no control over the fairgrounds and only learned about the concert plans after the handshakes were alreadty made by the County! This concert was going to happen wether the City wanted it or not. So they scrambled just to make sure traffic and safety issues could be handled and only sought to get payment for those services. This is the County's mess to deal with!!

tazzmaster24

The fairground's does not belong to the county , it belong;s to the state.

elmer

It is not the Napa County Fairgrounds, it is the Napa Valley Expo which happens to hold the Napa Town and Country Fair. The Napa County Fairgrounds is in Calistoga. The Expo is in the City of Napa jurisdiction, therefore the City of Napa does have control over it.

Veracity

Interesting to note that the die-hard BottleRock appologists are suddenly no where to be found....
...maybe THIER checks bounced too?

napa1957

Oracle...where are you?

Old Time Napkin

And the beat goes on from Vogt the "flim flam man". Blaming others and looking for investors, you've got to be kidding. Unless he's looking for someone with a lot of money who's been hiding under a rock (Bottlerock), no one in their right mind would invest in this fiasco. Jane asks a good question, why hasn't these people filed formal complaints?

vocal-de-local
vocal-de-local

There's really nothing to invest in. The only thing that they have is the name "BottleRock" and right now that's probably more of a liability than asset.

If someone wants to carry music forward in Napa, they should do it with a smaller audience, more organization, and better PR and rename it something else.

I like the idea of bringing music to Napa. That concept should not be killed just because BottleRock promoters were inexperienced and blew it.

Jane Esters

They keep talking about an Angel investor of some sorts. I would cautiously like to stay that is probably a smoke screen. Sure, I suppose there maybe someone with a ton of money recovering from a brain injury, but aside from that who would throw money at any business with pending litigation, a grossly negative balance sheet, potential civil crimes pending, bad press, bad credit and virtually no chance of obtaining labor or a venue? Name a vendor that would align with them? Anyone? Maybe I am wrong. It would not be the first time, but it makes no sense. People with money do not get their money by making dumb investments. Also - what corporation is going to sponsor BottleRock? California Association of Labor Lawyers? Why have none of the defrauded people filed complaints? This one is a real mystery to me. I look forward to hearing from them. Hopefully this story compels them into action. We cannot get these two arrested if you don't file complaints.

glenroy
glenroy

Some said from day one when it was announced as the' great new spectacle,' those who have done events and shows locally....if they pulled it off it would be more than just a great feat, it would be a borderline miracle, but they said it was more than likely heading towards a fiasco.
I'm not harping or taking sides but the non-profits are not underfunded and assuming more funds are added, personal opinion here, the contractors should be paid based on their commitment date on their contracts, first come first served. Which ties into Jane’s comments, the venders, particularly the last minute venders, should have known they were at greater risk.
Except for the noise the event still may have annual promise, if they come back, even renamed, they should go to Mare Island where everyone can congregate and enjoy without the logistics of coming and going, or Sears Point it would be far more feasible, ether.
That would help DT far more than a repeat because those with the dough will come.

glenroy
glenroy

Wow...you should run for office Jane...we can use minds uncluttered by special interests, who know what they are 'typing about' and who take care to understand the issues and consequences good or bad. I am impressed...

Jane Esters

It is nice to finally get comment from the City. Nice to know someone is still at the helm. Maybe they are powerless to control the past event, but they better throw themselves in front of the bus if they attempt to return to Napa. Great music and fun or not, this was a terrible thing for our city. Sure, there are still going to be a few that talk about how great the music was, but I am afraid the music means nothing in comparison to the heartache the event created in lost paychecks, businesses, city revenues and community trust. There is always Coachella. Don't worry about Napa. We've been around for over 150 years without a rock concert in our neighbor's backyards. We'll get along for another 150 years or so.

Jane Esters

Justreading - Believe me, you're not starting something. These conversations have been going on for months. The promoters agreed to prices in advance. They knew what they were getting in to. If they felt it was too expensive then they should have taken their business elsewhere. The vendor probably won the bid from others whom attempted to get the business but were even more expensive. (Then again maybe they did take the most expensive bid. That would help explain why they are so broke) If you've ever used a caterer you'd know this price is fairly consistent.

justreading

I don't want to start something but,was it open season on something new in Napa on
BottleRock .Every time I use my calculator ,in most of the bills it comes up very
expensive.Did they just not get enough bids or they got taken most of the time.It said
provided approximately 8500 meals and supposed to be paid $280,000,I know it's Napa
but,that is at least $32 a person???

Iceman

Equipment, transportation, etc. for catering is usually much higher than in-restaurant. Not to mention, the size of this particular operation probably meant the restaurant staff itself was completely tied up for multiple days, so likely they had to close their restaurant for a few days to take on this job, or pay a lot of staff to do extra shifts/OT work. I would expect anyone taking that job to charge a premium.

And in any case, whether or not the organizers booked a too-expensive caterer, it doesn't sound like they would have paid up even if it were $1 a meal. I know some BR defenders want to blame the bus company, the stagehands, or the caterer for overcharging, and making the organizers out to be the victims, but there's still no valid excuse for not having paid what they agreed to.

Esiuol
Esiuol

The restaurant is in Point Richmond, not Napa. Point Richmond is about 45 minutes from us.

napa1957

I did the math too and, while I know that catered dinners can easily run this much, it really does seem out of proportion to the amount of food that would have been provided. Assuming there were pasta salads and sandwiches, not tri-tip and salmon! I wonder if any LOCAL caterer was even approached? It would seem that cutting the travel time out of the equation would have made a difference. Another thought crossed my mind, and I don't pretend to know what is "usual" when one hires others to work at a site, but no one I've ever worked for paid for every meal while I was "on the clock". They should have paid a decent wage and let the workers buy or bring their own food. Did they pay lodging as well? I'm hoping that the promoters were really clueless and naive, otherwise they are either stupid or scumbags, or both.

LateNight

I'm not al all sure there will be a Bottlerock 2014... Anybody who contracts with Bottlerock for anything next year will, if they're smart, demand a payment/performance bond from the organizers. Given the experience this year, unless everything is cleared up very soon, the premium for the payment/performance bond will be so large that there is no possibility of BR2014 making any money. I expect more lawsuits to be filed in the next several weeks, and liens placed on the personal assets of the BR2013 organizers to prevent them from hiding their assets from the reach of the law.

FAndrews

The City Attorney as well. Collecting goods and money under the guise that it is to be used to benefit non-profits is fraud. I think this is the bigger story, the fact that Vogt is shifting this to be on CP Cooks is not exactly accurate is it. That's a whole other kettle of fish with a portion of the token sales also going for charity but let's not confuse the two.
As for Martin's comment that the City cannot enforce whether a business or organization pay their bills may be true, but they sure can investigate if a business or organization is soliciting and collecting funds for non-profits and not giving them the money. Isn't Mr. Martin the one who received over $5,000 in tickets. See Mr. Martin this is where the conflict of interest should have prevented from accepting them. Because now it looks like you are not investigating this because of the tickets. Doesn't bode we'll for the city at all.

FAndrews

Fourth, 20 non-profit partners were also supposed to receive a portion of the ticket sales as well.
Fifth, The silent auction had hundreds of items that were supposed to be divided among all of the non-profits. I'd venture to guess that the silent auction probably made a minimum of $20K.
Sixth, all if the money from the items sold on eBay which totaled $7,623.77 were supposed to be divided among all of the non-profits. "Vogt said these charities are due their money by July 1st". So why isn't he paying them? None of the above money which was all promised to charities on BRNVs website and Facebook page is in CPCooks possession. BRNV has/had all of that money, so why hasn't Vogt paid any of the non-profits yet with the money in his possession. I'd venture to guess that the silent auction probably made $20K-$50K. Add it all up that's a lot of money that allegedly went to pay bills instead. I'm not sure the DA needs someone to file a complaint before he investigates this, or

FAndrews

All of the following information can be found on BRNV's website and/or Facebook page. This is going to be long so bear with me. This is regarding BRNV and the non-profits. First, the Macklemore & Ryan Lewis show was a special benefit and the proceeds were to support Autism Arc and Napa Parks & Recreation Foundation. Second, $4 from every ticket sold was to go to BRNV "Community Partners" which were Autism Chords, Land Trust of Napa County,Napa Parks & Recreation Foundation, Downtown Merchants' Association and Napa Valley School District's Music Connection. So if 125,000 attended that's $500,000 just for those five non-profits. Third, $1 from every ticket sold was also supposed to go BACCHUS benefits group that was formed to help smaller non-profits and charities raise visibility and funding. So if 125,000 attended that's $125,000 for BACCHUS to distribute. That's a total of $625.000 just from these two per their website. Continued . . .

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