Author Topic: Toyota Music Factory - Irving, Texas  (Read 1587 times)

BobaFett

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Toyota Music Factory - Irving, Texas
« on: June 26, 2018, 06:13:45 PM »
It appears that there is some 30.06 / 30.07 signage at the Toyota Music Factory in Irving, Texas:

https://www.texas3006.com/view.php?postedsearch=true&Search=Search&business_name=toyota+Music+factory&category=+&address=&city=&restriction_type=+


After researching the history of the Toyota Music Factory (a.k.a. Irving Music Factory) and the entire area it is built on, it appears that the City of Irving owns the Land & Improvements and owns the Personal Property.

Relevant documents:

AMENDED AND RESTATED
ENTERTAINMENT CENTER DEVELOPMENT AGREEMENT

http://cityofirving.org/DocumentCenter/View/16371/Music-Factory---Development-Agreement-Final-Draft?bidId=

This is what makes me think it is owned by the city:
Quote
Section 1.3. Ownership of Entertainment Center.
(a) Land and Improvements. The City owns the Site and shall own all improvements
including without limitation, fixtures and equipment, as provided in Section 1.3(b) existing or to
be constructed on the Site (the “Improvements”). The Site together with all Improvements now
or hereafter located on the Site are, collectively, the “Entertainment Center”. The Project Scope
Criteria are the minimum Improvements to be constructed on the Site.

(b) Personal Property. All items of personal property (if any) that are purchased, in
whole or in part, with the City Construction Contribution (defined in Section 2.1(b)) by the
Company for operation of the Entertainment Center, will be owned by the City in accordance with
the terms hereof, including any removable floor seating for the Amphitheater/Performance Hall.
Items of personal property purchased with Company funds that become fixtures (other than trade
fixtures) or otherwise are attached to the Improvements and/or that are reasonably necessary to the
operation of any such Improvements (for example, elevators, escalators, HVAC systems, security
equipment, sound and lighting equipment, acoustic materials, curtains, stage rigging and fixed
audience seats at the Amphitheater/Performance Hall) will be owned by the City in accordance
with the terms hereof. The Company may place or install in or on any portion of the Entertainment
Center other items of personal property (for example, furniture (other than fixed audience seats at
the Amphitheater/Performance Hall), trade fixtures and office equipment) as the Company shall
deem desirable for its operation. Such items of personal property placed by the Company on or in
the Entertainment Center shall not become part of the real property, even if nailed, screwed, or
otherwise fastened to the improvements or buildings, but shall retain their status as personal
property owned by the Company.

Such personal property may be removed by the Company at any time, so long as the
Company is not in default under this Agreement and so long as any damage occasioned by such
removal is thereupon repaired. Likewise, such items of personal property purchased by performing
arts groups, private citizens, or subtenants of the Company (for example and without limitation,
musical instruments, sets, music, recordings and computers) shall not be owned by the City.

SECOND AMENDED AND RESTATED
ENTERTAINMENT CENTER LEASE AGREEMENT

http://cityofirving.org/DocumentCenter/View/16367/Music-Factory---Lease-Agreement-Final-Draft?bidId=

ENTERTAINMENT CENTER
SECOND AMENDED AND RESTATED
TIF No. 1 REIMBURSEMENT AGREEMENT

http://cityofirving.org/DocumentCenter/View/16375/Music-Factory---TIF-No-1-Reimbursement-Agreement-Final-Draft?bidId=

AMENDED AND RESTATED
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT

http://cityofirving.org/DocumentCenter/View/16369/Music-Factory---Economic-Development-Incentive-Agreement-Final-Draft?bidId=



Questions:
  • Would this documentation indicate that the land and all the buildings (and specifically the Toyota Music Factory) are owned by the City?
  • If the city owns all the land and buildings, are the 30.06 and/or 30.07 signs invalid?
  • If the signs are invalid, how would one go about having them removed?  Would we simply follow the instruction found on the Texas AG's site?
    https://www.texasattorneygeneral.gov/apps/3006/index.php
    Is there a form / form letter or approved method of filing a complaint with the city as directed by the Texas AG?
  • Would I legally be able to conceal carry while the signs are still up?
  • Would 51% signs still be valid?  I assume yes, but what is the limitation of such signs in a venue like this?  Does it extend to the whole venue or just the areas that serve alcohol?


Thank you for your advice.
« Last Edit: June 26, 2018, 06:15:33 PM by BobaFett »

TexasLawShield

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Re: Toyota Music Factory - Irving, Texas
« Reply #1 on: July 14, 2018, 05:47:08 PM »
BobaFett:
 
1) and 2) This interaction between public and private land is a common one. We often see 30.06 and 30.07 signs posted on government owned land that is operated by a private business or a private non-profit. Zoos and convention centers are common examples of this. Private business that lease the land and are in full control of operation of that land, are most likely allowed to post the signs. The attorney general issued an opinion in 2016 stating that they could not tell the private business to take the sign down, despite the underlying land being owned by the government. As the places listed in the attorney general’s opinion are similar to the Toyota Music Factory, it is unlikely the attorney general will tell them to take down their signs.
 
3) The law-abiding citizenry and the attorney general are responsible for notifying entities that they have improperly posted signs. If you believe this sign is improperly posted, you should follow the attorney general’s instructions in the link you provided. If the attorney general makes a determination that the sign is invalid the entity can be subject to severe monetary penalties for failure to remove the sign.
 
4) Even if you think the sign is invalid, while it is posted you should not carry inside the premises. There is an open question as to whether signs posted by a private business on land leased from the government will be criminally enforceable against LTC holders who walk by them with their gun. If you are charged, you might have a defense that the sign was invalid, but you will have to prove it in court. Raising this defense will likely require lengthy litigation in court and could cost you a lot of money. It is also important to note that if you are ever asked to leave because you are carrying, the status of the sign will not matter. Verbal notice from an officer or someone in control of the premises is considered legal notice, and you could be charged with a Class A misdemeanor.
 
5) If you see a 51% sign you cannot carry. Carrying past a 51% sign is a felony and comes with serious monetary penalties. If the entity posts this sign it is likely valid. You can always check with the Texas Alcoholic Beverage Commission to determine if the sign is valid. There is no restriction on government entities posting 51% signs. The signs apply to “premises.” When posted on a building, that typically means you cannot carry your firearm anywhere inside the building. For an outdoor event the “premises” definition gets a little tricky. If the area is fenced-in, or blocked-off in some way, then the 51% sign would apply to all areas inside the fences. Similarly, if you have to pass through security, the 51% sign would apply to all areas inside the security checkpoints.
 

BobaFett

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Re: Toyota Music Factory - Irving, Texas
« Reply #2 on: July 23, 2018, 01:07:15 AM »
Thanks for the excellent explanations, advice, and guidance.  Love the work you guys do here for us...keep it up!   :)