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KERN: Aye. <br /> <br />DARROW: The motion passes five to zero. <br /> <br />KERN: Okay. Now we get to the big one, concert. Let’s define concert, if we so choose to. And I <br />have some discussion on that so I look forward to getting to it. <br /> <br />DOMINGO: Mr. Chairman? <br /> <br />KERN: Commissioner Domingo. <br /> <br />DOMINGO: If I recall correctly when we had this issue before us, you know, it was intended to be for <br />a farmers market and to provide for occasional community functions. And it was specified that for <br />nonprofit groups or other groups, community groups, that they can come and whatever, do fund-raising <br />for their group. And that was my intention, and that’s how I, that was my intent; and that’s the way I <br />voted on, based on that explanation. <br /> <br />KERN: For the sake of a little bit being slightly out of order, but this is a unique situation for us. You <br />know, usually we have discussion after a motion is made. In this case we’re trying to come up with a <br />ruling, a decision on how that is made. So I’d just like to put my two cents in a little bit. Slightly out <br />of order but we are allowed to do that, so it’s fine. You know, according to the record last time that we <br />had, a concert we were thinking of as an event, the music event, being the primary. That was, that was <br />it, versus having a roping, or a dinner and having live music. For instance, I was at the EMS run this <br />weekend and there was live music there the whole time. It wasn't a concert. You could hear it, it was <br />happening, but the people weren't there for the music. A big part of it, in my opinion, boils down to <br />marketing. <br /> <br />And I, you know, looking at the poster here it looks like a concert. I mean, it really does. If it might <br />have looked different, it might not have been deemed a concert. But seeing it with the concert info <br />hotline, you know -, “Bring your dancing boots for this party. Brush up on your Two Step and come <br />on down for a great time. Plenty of Great B-B-Q” doesn't really get into “We’re having tables there, <br />this is the dinner, come down, you eat good barbecue and listen to some good music.” That <br />notwithstanding, I understand it is very hard to get people in the door; and marketing is a huge element <br />of having people show up. If you don’t market properly, nobody shows up, nobody wins. But in this, <br />to me, this feels like a concert. And then when you cross-reference that with the ticket prices and that <br />this group was in another place charging that same price for the ticket, that gets it more defined to me <br />as being a concert, with a little bit of tweaking to try and make it not be a concert. And that is what it <br />is. I mean, we are all trying to do our best to get along and make things happen. So a lot of this can be <br />dealt with by smart marketing to meet your conditions but not have it be a raging loud big concert. <br />And I personally think that there should be live music available at these events, I mean, especially with <br />the paniolo style and the country, I mean that’s, it’s how it works. But to market something like this <br />does, to me, conflict with the condition that we have. <br /> <br />And so to further clarify what a concert would be, you know, it is something to the extent that it, you <br />know, the concert is billed as a concert; and if you were to look at this you would think concert. If I <br />15 <br /> EXHIBIT A <br /> <br /> <br />