DOCSLIB.ORG

Padres-V.-Rimels.Pdf

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Padres-V.-Rimels.Pdf Case 3:19-cv-01764-AJB-DEB Document 49 Filed 04/27/21 PageID.507 Page 1 of 10 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 PADRES, L.P., Case No.: 3:19-CV-01764 AJB (BLM) Plaintiff, 12 ORDER DENYING DEFENDANT’S v. 13 MOTION FOR SUMMARY RIMEL’S LA JOLLA, LLC, JUDGMENT 14 Defendant. 15 (Doc. No. 35) 16 17 Pending before the Court is Defendant Rimel’s La Jolla, LLC’s (“Rimel’s”) motion 18 for summary judgment. (Doc. No. 35.) The motion is opposed by Plaintiff Padres, L.P. 19 (“the Padres”). (Doc. No. 41.) For the reasons set forth below, the Court DENIES Rimel’s 20 motion for summary judgment. 21 I. BACKGROUND 22 This case is a trademark infringement and unfair competition dispute under the 23 Lanham Act brought by the Padres against Rimel’s, a former restaurant which operated a 24 concession stand within the Padres’ stadium. The Padres, L.P. is the owner of the Major 25 League Baseball team, the San Diego Padres. (First Amended Complaint ¶ 6.) Defendant 26 Rimel’s formerly owned and operated a restaurant and a catering business in San Diego, 27 serving potstickers, rotisserie chicken, fresh seafood, and sushi. (Id. ¶ 7.) Rimel’s is no 28 longer in business in San Diego. 1 3:19-CV-01764 AJB (BLM) Case 3:19-cv-01764-AJB-DEB Document 49 Filed 04/27/21 PageID.508 Page 2 of 10 1 In 2004, the Padres began playing baseball at “Petco Park,” located in downtown 2 San Diego. (Id. ¶ 9.) Petco Park showcases elements of local landmarks, including the 3 Western Metal Supply Co. building (“Western Metal Building”): 4 5 6 7 8 9 10 11 Additionally, the Padres developed and used the “Swinging Friar”, depicted below, 12 as a service mark and trade name in various images and in composite designs: 13 14 15 16 17 18 19 20 21 The Padres contend that the name “Western Metal Supply Co.” and the “Swinging 22 Friar” have become well-known and associated with Petco Park and the Padres. (Id. ¶ 14.) 23 The Padres registered and own both the “Swinging Friar” and the “Western Metal Supply 24 Co.” name as a trademark or service mark. (Id. ¶ 14.) 25 The Padres allege that Rimel’s and San Diego Ballpark Funding, LLC (“SDBF”), 26 owned by the Padres, entered into a sponsorship agreement (“the Sponsorship Agreement”) 27 on February 28, 2014 for Rimel’s to open a concession stand on the Western Metal Supply 28 Co. rooftop known as Rimel’s Rotisserie. (Declaration of Trevor Coddington, Doc. No. 2 3:19-CV-01764 AJB (BLM) Case 3:19-cv-01764-AJB-DEB Document 49 Filed 04/27/21 PageID.509 Page 3 of 10 1 35-2, Ex. B at 1.) The Sponsorship Agreement was amended on March 15, 2015, to permit 2 another Rimel’s branded concession stand at Petco Park known as Zenbu Sushi. (Id., Ex. 3 C.) 4 During the 2014 to 2016 baseball seasons, Rimel’s denoted its Padres’ sponsorship 5 on its website and social media platforms. (Id., Ex. A at 31:19-21; 39:16-21; 70:5-13; Ex. 6 D.) In addition to indicating Rimel’s Petco Park location, the website displayed the Western 7 Metal Building and Swinging Friar marks. (Id., Ex. A at 18:21-23; 21:4-25.) In 2017, the 8 sponsorship ended, but a graphic (as shown below) inadvertently remained on Rimel’s 9 website showing the former Rimel’s location at Petco Park. (Id., Ex. A at 39:16-21.) 10 11 12 13 14 15 16 17 18 19 On January 30, 2018, Rimel’s filed suit against SDBF in state court to recover unpaid 20 royalties due under the Sponsorship Agreement. (Id., Ex. F.) The Padres then commenced 21 the present trademark infringement lawsuit in this Court on September 13, 2019. (Id., Ex. 22 A at 57:3-12.) Because Rimel’s was no longer in business and the graphic had remained 23 accessible inadvertently, Rimel’s immediately shut down its website in response. (Id., Ex. 24 A at 64:2-11.) The First Amended Complaint asserts two claims for relief for (1) trademark 25 infringement (15 U.S.C. § 1114), and (2) federal unfair competition (15 U.S.C. § 1125). 26 On January 8, 2021, Rimel’s filed a motion for summary judgment, which the Padres 27 opposed. This order follows. 28 // 3 3:19-CV-01764 AJB (BLM) Case 3:19-cv-01764-AJB-DEB Document 49 Filed 04/27/21 PageID.510 Page 4 of 10 1 II. LEGAL STANDARD 2 Federal Rule of Civil Procedure 56 empowers the Court to enter summary judgment 3 on factually unsupported claims, and thereby “secure the just, speedy and inexpensive 4 determination of every action.” Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). 5 Summary judgment is appropriate if the “pleadings, depositions, answers to 6 interrogatories, and admissions on file, together with the affidavits, if any, show that there 7 is no genuine issue as to any material fact and that the moving party is entitled to judgment 8 as a matter of law.” Fed. R. Civ. P. 56(c). “Where the record taken as a whole could not 9 lead a rational trier of fact to find for the nonmoving party, there is no ‘genuine issue for 10 trial.’” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986). 11 A party seeking summary judgment bears the initial burden of establishing the 12 absence of a genuine issue of material fact. See Celotex, 477 U.S. at 323. Where the 13 nonmoving party bears the burden of proof on a matter at trial, the moving party need only 14 demonstrate to the Court that there is insufficient evidence to support the nonmoving 15 party’s case. Id. at 325. The moving party can satisfy this burden in two ways: (1) by 16 presenting evidence that negates an essential element of the nonmoving party’s case; or (2) 17 by demonstrating that the nonmoving party failed to establish an essential element of the 18 nonmoving party’s case on which the nonmoving party bears the burden of proof at trial. 19 See id. at 322–23. “Disputes over irrelevant or unnecessary facts will not preclude a grant 20 of summary judgment.” T.W. Elec. Serv., Inc. v. Pacific Elec. Contractors Ass’n, 809 F.2d 21 626, 630 (9th Cir. 1987). 22 Once the moving party establishes the absence of genuine issues of material fact, the 23 burden shifts to the nonmoving party to provide facts showing that a genuine issue of 24 disputed fact remains. See Celotex, 477 U.S. at 314. The nonmoving party cannot rest on 25 the mere allegations or denials of its pleading, but must “go beyond the pleadings and by 26 its own affidavits, or by the depositions, answers to interrogatories, and admissions on file, 27 designate specific facts showing that there is a genuine issue for trial.” Id. at 324 (citing 28 Fed. R. Civ. P. 56(c)). When making this determination, the Court must view all inferences 4 3:19-CV-01764 AJB (BLM) Case 3:19-cv-01764-AJB-DEB Document 49 Filed 04/27/21 PageID.511 Page 5 of 10 1 drawn from the underlying facts in the light most favorable to the nonmoving party. See 2 Matsushita, 475 U.S. at 587; Fontana v. Haskin, 262 F.3d 871, 876 (9th Cir. 2001). The 3 Court must not weigh the evidence or make credibility determinations in evaluating a 4 motion for summary judgment. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 5 (1986). 6 III. DISCUSSION 7 Rimel’s moves for summary judgment, arguing (1) it may not be held liable for 8 trademark infringement because the Padres and Rimel’s occupy entirely different 9 industries; and (2) the fair use doctrine shields Rimel’s from liability. (Doc. No. 35-1 at 6.) 10 The Court addresses both grounds for summary judgment below but concludes that neither 11 are persuasive. 12 A. Trademark Infringement and Unfair Competition 13 The Padres alleges two claims for federal trademark infringement, 15 U.S.C. 14 § 1114(1)(a), and federal unfair competition, 15 U.S.C. § 1125(a)(1)(A). Both claims are 15 measured by identical standards. See Brookfield Comm., Inc. v. West Coast Enter. Corp., 16 174 F.3d 1036, 1046 (9th Cir. 1999). Under these standards, a plaintiff must prove (1) that 17 it has a protectable ownership interest in the mark; and (2) that the defendant’s use of the 18 mark is likely to cause consumer confusion. See Network Automation, Inc. v. Advanced 19 Sys. Concepts, Inc., 638 F.3d 1137, 1144 (9th Cir. 2011); 15 U.S.C. § 1114. 20 Here, only the second criteria for trademark infringement and unfair competition is 21 at issue because Rimel’s does not dispute that the Padres own the trademarks for the 22 “Swinging Friar” and “Western Metal Supply Co.” Rimel’s instead focuses on the second 23 “likelihood of confusion” element, arguing that Rimel’s previous use of the marks never 24 caused consumer confusion. Central to Rimel’s argument is that the Padres and Rimel’s 25 are not competitors, and occupy entirely different industries with Rimel’s being in the 26 restaurant business, and the Padres being a MLB team. Based on the dissimilarity of 27 industries, Rimel’s argues it may not be liable for trademark infringement as a matter of 28 law.
Load more

Recommended publications
  • SAN DIEGO at a GLANCE San Diego at a Glance City Profile
    SAN DIEGO AT A GLANCE San Diego at a Glance City Profile With a total projected population of 1,314,600 for January 1, 2005, the City of San Diego is the seventh largest city in the nation and the second largest city in California. The City’s population grew by approximately 10% between 1990 and 2000 for an average increase of 12,375 annually. Quality of Life A major factor contributing to San Diego’s growth is the quality of life. Based on the most recent citizen survey, 79% of citizens rate their quality of life as good or excellent. Besides having one of the world’s most favorable climates, the City offers a wide range of cultural and recreational services to benefit both residents and visitors. With mild temperatures year round, the City’s many beaches, parks, tennis courts, and golf courses are in constant use. Center for Education and Research San Diego is also a center for education and research, with both public and private colleges and universities. The University of California at San Diego, San Diego State University, and the University of San Diego are three major universities in the City. The City is also served by many community colleges offering academic courses and vocational training, with the vocational courses often customized to meet the special needs of area employers. In addition to the 26 childhood development centers, there are 188 public schools in the San Diego Unified School District, including 114 elementary schools, 21 charter schools, and 53 middle, junior high, senior high, atypical schools and other program sites.
    [Show full text]
  • Catalyst Site 1 Baseball Stadium Feasiblity Study City Council Work Session Ipm Solutions, Llc Barrett Sports Group, Llc Februa
    CATALYST SITE 1 BASEBALL STADIUM FEASIBLITY STUDY CITY COUNCIL WORK SESSION IPM SOLUTIONS, LLC BARRETT SPORTS GROUP, LLC FEBRUARY 1, 2016 PROCESS OVERVIEW Project Timeline Project Kick Public Report to RFP Issued Selection Off Engagement City Council October January February April June 2015 2016 2016 2016 2016 Page 1 PROCESS OVERVIEW Project Team City of Fayetteville IPM Solutions BSG Hunt BJL Populous Construction Construction Floyd Shorter Group Company Page 2 BSG OVERVIEW Overview Founded in early 2000 by Daniel Barrett – 25 year sports industry veteran Strategic consulting services specifically to the sports industry . Market Demand . Financial Feasibility . Project Finance . Acquisition Due Diligence . Negotiation Advisory/Support . Economic/Fiscal Impact Analysis Page 3 BSG OVERVIEW Selected Projects El Paso Chihuahuas – Southwest University Park City of Stockton – Stadium Lease Renegotiation Memphis Redbirds – AutoZone Park State of Louisiana (LSED)/New Orleans Zephyrs – Nashville/Davidson – First Tennessee Park Financial Review/Deal Restructuring Options College World Series Stadium Committee – TD City of Brighton – Proposed Minor League Ballpark Ameritrade Park Omaha Town of Castle Rock – Proposed Minor League City of Oklahoma City – Chickasaw Bricktown Ballpark Ballpark Pacific Baseball Partners – Proposed Sonoma County Sacramento River Cats – Raley Field Ballpark River City Regional Stadium Financing Authority – City of Henderson – Proposed Spring Training/Baseball Raley Field Complex City of Visalia – Recreation
    [Show full text]
  • An Analysis of the American Outdoor Sport Facility: Developing an Ideal Type on the Evolution of Professional Baseball and Football Structures
    AN ANALYSIS OF THE AMERICAN OUTDOOR SPORT FACILITY: DEVELOPING AN IDEAL TYPE ON THE EVOLUTION OF PROFESSIONAL BASEBALL AND FOOTBALL STRUCTURES DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Chad S. Seifried, B.S., M.Ed. * * * * * The Ohio State University 2005 Dissertation Committee: Approved by Professor Donna Pastore, Advisor Professor Melvin Adelman _________________________________ Professor Janet Fink Advisor College of Education Copyright by Chad Seifried 2005 ABSTRACT The purpose of this study is to analyze the physical layout of the American baseball and football professional sport facility from 1850 to present and design an ideal-type appropriate for its evolution. Specifically, this study attempts to establish a logical expansion and adaptation of Bale’s Four-Stage Ideal-type on the Evolution of the Modern English Soccer Stadium appropriate for the history of professional baseball and football and that predicts future changes in American sport facilities. In essence, it is the author’s intention to provide a more coherent and comprehensive account of the evolving professional baseball and football sport facility and where it appears to be headed. This investigation concludes eight stages exist concerning the evolution of the professional baseball and football sport facility. Stages one through four primarily appeared before the beginning of the 20th century and existed as temporary structures which were small and cheaply built. Stages five and six materialize as the first permanent professional baseball and football facilities. Stage seven surfaces as a multi-purpose facility which attempted to accommodate both professional football and baseball equally.
    [Show full text]
  • Anaheim Consulting Services Dan Barrett
    Big A: Anaheim consulting services What: consultants retained by city of Anaheim for baseball negotiations Dan Barrett Who: executive vice president, Manhattan Beach-based CAA ICON Strategic Advisory CAA ICON: part of Los Angeles-based entertainment and sports consultancy Creative Artists Agency LLC Retained: February 2019 Terms: not to exceed $50,000 through Dec. 31, 2019; amended to $100,000 on Dec. 3, 2019 Services: o Advise on a potential stadium lease, land sale o Analysis of stadium leases from other cities o Negotiation assistance and support o Stadium valuation support o Document, legal services o Financial analysis o Economic impact Experience: Barrett has nearly 30 years of experience in real estate, including more than 1,000 sports projects Prior projects and clients: o Petco Park, consultant to the city of San Diego o AT&T Park, now Oracle Park, consultant to the San Francisco Giants o T-Mobile Park, formerly Safeco Field, consultant to the Washington State Major League Baseball Public Facilities District o Coors Field, consultant to the Colorado Rockies o Progressive Field, consultant to the Cleveland Indians o Golden 1 Center, consultant to the city of Sacramento Anaheim.net/BigA fall 2020 Big A: Anaheim consulting services Dan Barrett Prior Anaheim experience: o City consultant, 2013-2015 lease discussions with Angels Baseball o Earlier served as city of Anaheim consultant on Honda Center, hockey, basketball and football o Served as consultant in the early 1990s to then-Anaheim Angels for a ticket price analysis Career: o Executive vice president of CAA ICON with 2017 acquisition of Barrett Sports Group LLC by CAA o Founder, principal, Manhattan Beach-based Barrett Sports Group LLC o Managing director, western region, sports & entertainment investment banking division, A.G.
    [Show full text]
  • Petco Park: Evaluating Economic Health of the Dining Establishment Industry in the Vicinity of a Downtown Major League Baseball Stadium
    University of Massachusetts Amherst ScholarWorks@UMass Amherst Masters Theses Dissertations and Theses April 2021 Petco Park: Evaluating Economic Health of the Dining Establishment Industry in the Vicinity of a Downtown Major League Baseball Stadium Georgy Shukaylo University of Massachusetts Amherst Follow this and additional works at: https://scholarworks.umass.edu/masters_theses_2 Part of the Regional Economics Commons, Sports Management Commons, and the Urban Studies and Planning Commons Recommended Citation Shukaylo, Georgy, "Petco Park: Evaluating Economic Health of the Dining Establishment Industry in the Vicinity of a Downtown Major League Baseball Stadium" (2021). Masters Theses. 1024. https://doi.org/10.7275/20394720 https://scholarworks.umass.edu/masters_theses_2/1024 This Open Access Thesis is brought to you for free and open access by the Dissertations and Theses at ScholarWorks@UMass Amherst. It has been accepted for inclusion in Masters Theses by an authorized administrator of ScholarWorks@UMass Amherst. For more information, please contact [email protected]. PETCO PARK: EVALUATING ECONOMIC HEALTH OF THE DINING ESTABLISHMENT INDUSTRY IN THE VICINITY OF A DOWNTOWN MAJOR LEAGUE BASEBALL STADIUM A Thesis Presented by GEORGY SHUKAYLO Submitted to the Graduate School of the University of Massachusetts Amherst in partial fulfillment of the requirements for the Master of Regional Planning February 2021 Landscape Architecture and Regional Planning © Copyright by Georgy Shukaylo 2021 All Rights Reserved PETCO PARK: EVALUATING
    [Show full text]
  • Major League Baseball
    Appendix 1 to Sports Facility Reports, Volume 5, Number 2 ( Copyright 2005, National Sports Law Institute of Marquette University Law School) MAJOR LEAGUE BASEBALL Note: Information complied from Sports Business Daily, Forbes.com, Lexis-Nexis, and other sources published on or before January 7, 2005. Team Principal Owner Most Recent Purchase Price Current Value ($/Mil) ($/Mil) Percent Increase/Decrease From Last Year Anaheim Angels Arturo Moreno $184 (2003) $241 (+7%) Stadium ETA Cost % Facility Financing (millions) Publicly Financed Edison 1966 $24 100% In April 1998, Disney completed a $117 M renovation. International Field Disney contributed $87 M toward the project while the of Anaheim City of Anaheim contributed $30 M through the retention Angel Stadium of of $10 M in external stadium advertising and $20 M in Anaheim (2004) hotel taxes and reserve funds. UPDATE On January 4, 2005, team owner Arte Moreno announced that the team would change its name to "The Los Angeles Angels of Anaheim." Moreno believes that the name change will allow the team to tap into a larger marketing area in the greater Los Angeles community. Commissioner Bug Selig has approved the name change, but there are pending lawsuits by the city to enjoin the team, requiring the name to remain "The Anaheim Angels." The city sued arguing that the lease precludes the change, while the team argues that by leaving "Anaheim" in the name, the change satisfies the terms of the lease. NAMING RIGHTS In early 2004 Edison International exercised their option to terminate their 20-year, $50 million naming rights agreement with the Anaheim Angels.
    [Show full text]
  • Of Padres Baseball
    STOGDILL YEARS OF PADRES BASEBALL 50 YEARS OF PADRES BASEBALL: A TALE BY THE SWINGIN’ FRIAR THE SWINGIN’ BY BASEBALL: A TALE 50 YEARS OF PADRES A TALE BY THE SWINGIN’ FRIAR David Stogdill YEARS OF PADRES BASEBALL A TALE BY THE SWINGIN’ FRIAR David Stogdill Contents A Note from the Swingin’ Friar............4 The Padres’ Padre .....................................7 50 Years of Padres Baseball: The Padres in the Majors .......................8 A Tale by the Swingin’ Friar Greatest Moments ....................................10 Copyright © 2020 Published by the San Diego Padres Written by David Stogdill Padres Greats ..............................................12 All rights reserved. Printed in the United States of America. The Bell-Ringer ...........................................14 No part of this book may be reproduced in any manner whatsoever without written permission, The Mission Bell .........................................16 except in the case of brief quotations embodied in critical articles and reviews. Book Buddy Media Ringing the Bell ..........................................18 42964 Osgood Road Fremont, CA 94539 bookbuddymedia.com Timeline ..........................................................20 Editorial Credits Design and layout by Sara Radka Word Search.................................................22 Edited by Nikki Ramsay Glossary .........................................................23 Images are sourced from the San Diego Padres and Shutterstock. ISBN: 978-1-62920-993-7 Social Media .................................................23 Index .................................................................24 2 3 A NOTE FROM THE Swingin’ Friar Greetings Friar Faithful! This year—2019—marks the 50th Anniversary of your favorite team, the San Diego Padres! To celebrate 50 years of the Padres in San Diego, I will take you on a journey into the history of our beloved Major League franchise. We will start with my humble beginnings and go on to honor legendary Padres players like Tony Gwynn and Trevor Hoffman.
    [Show full text]
  • SAN DIEGO PADRES (20-23) at LOS ANGELES DODGERS (25-16) Saturday, May 23, 2015 • 7:10 P.M
    SAN DIEGO PADRES (20-23) at LOS ANGELES DODGERS (25-16) Saturday, May 23, 2015 • 7:10 p.m. PT • Dodger Stadium • Los Angeles, CA RHP Ian Kennedy (2-3, 6.75) vs. RHP Mike Bolsinger (2-0, 1.04) Game 44 • Road Game 21 • Mighty 1090 AM • XEMO 860 • FOX Sports San Diego San Diego Padres Communications • 100 Park Ave, San Diego, CA • (619) 795-5000 All Padres game information, including game notes and rosters, is available at http://padrespressbox.com. SO-CAL SERIES: The Padres continue this two-city, six-game Southern California road trip with the second of three PADRES AT A GLANCE tonight at Dodger Stadium after falling in the series opener by a score of 2-1…following tomorrow afternoon’s game the club will head south (31 miles down “The 5”) to Orange County where they will play three interleague games Overall Record: 20-23 against the Los Angeles Angels of Anaheim at Angel Stadium (Monday-Wednesday). NL West Standing: 4th (-6.0) Home Record: 11-12 • Following the current road trip, the club will return to Petco Park for a seven-game homestand against the Road Record: 9-11 Pittsburgh Pirates (four games) and New York Mets (three games). Day Record: 6-7 Night Record: 14-16 WILD, WILD WEST: The Padres, to this point in the season, have played 28 of their 43 games, including a stretch of 27 of their fi rst 33 games, against National League West opponents…the club has gone 15-13 this season against Road Trip: 0-1 divisional opponents, including 7-5 in their last 12 divisional games since April 26 vs.
    [Show full text]
  • San Diego, California
    05.Civic.out.qxd 9/27/07 6:03 AM Page 118 118 CIVIC · WINNER 05.Civic.out.qxd 9/27/07 6:03 AM Page 119 SAN DIEGO BALLPARK NEIGHBORHOOD REVITALIZATION San Diego, California In 1998, city of San Diego voters overwhelmingly approved a historic memorandum of understanding for a new Major League ballpark and a major redevelopment effort that has transformed one of the city’s most blighted areas—East Village—into one of downtown’s fastest-growing and most popular neighbor- hoods. “This major redevelopment project has totally transformed the entire character of a formerly trou- bled neighborhood,” states Centre City Development Corporation (CCDC) president Nancy Graham. “Now, roughly 3 million people per year visit this part of downtown San Diego and it has come alive with residential, retail, and commercial development. An exciting and vibrant energy exists on the streets to- day that hadn’t been there before.” The public/private partnership that created this neighborhood offers a model of how public investment can catalyze large-scale private redevelopment efforts. Located just two blocks from the historic Gaslamp Quarter (a popular downtown dining, shopping, and entertainment district) and across the street from the San Diego Convention Center, the East Village had long been viewed as one of San Diego’s most dangerous, dilapidated neighborhoods. Abandoned warehouses and empty lots predominated, and the ground was contaminated from nearly 100 years of industrial uses. Not surprisingly, private developers demonstrated no interest in the area prior to the con- struction of PETCO Park, the new stadium for the San Diego Padres baseball team.
    [Show full text]
  • AB 2146 Page 1
    AB 2146 Page 1 Date of Hearing: April 4, 2018 ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION Adam Gray, Chair AB 2146 (Gloria) – As Introduced February 12, 2018 SUBJECT: Alcoholic beverages: tied-house restrictions: advertising SUMMARY: Would extend an existing exception in the Alcoholic Beverage Control Act (Act) pertaining to the general prohibition against advertising arrangements between retail, wholesale, and manufacturer licensees to include an outdoor stadium with a fixed seating capacity of at least 43,000 seats located in the City of San Diego (Petco Park – San Diego Padres). Specifically, this bill: 1) Allows beer manufacturers, winegrowers, distilled spirits rectifiers, distilled spirits manufacturers, or distilled spirits manufacturer’s agents to purchase advertising space and time from, or on behalf of, on-sale retail licensees at an outdoor stadium with a fixed seating capacity of at least 43,000 seats located in the City of San Diego. 2) Makes legislative findings and declarations as to the necessity of a special statute for the City of San Diego. EXISTING LAW: 1) Establishes the Department of Alcoholic Beverage Control (ABC) and grants it exclusive authority to administer the provisions of the Act in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation, and sale of alcoholic beverages in this state and the collection of license fees for this purpose. 2) Separates the alcoholic beverage industry into three component parts, or tiers, of the manufacturer (including breweries, wineries, and distilleries), wholesaler, and retailer (both on-sale and off-sale). This is referred to as the “tied-house” law or “three-tier” system.
    [Show full text]
  • LARRY LUCCHINO President/CEO
    LARRY LUCCHINO President/CEO Larry Lucchino was named President/CEO of the Red Sox at the closing of the purchase of the team in February, 2002. Previously President/CEO of the Baltimore Orioles (1988- 93) and the San Diego Padres (1995-01), Lucchino is a veteran of 33 years in Major League Baseball. With the Red Sox, Lucchino manages the franchise on a day-to-day basis with the active involvement of, and in collaboration with, Principal Owner John W. Henry and Chairman Tom Werner. He has won rings with each franchise. The Orioles won the 1983 World Series, the Padres won the 1998 National League Pennant, and the Red Sox won the 2007 World Series, just three years after the 2004 World Championship that put an end to Boston‟s 86-year championship drought. In his 23 full seasons as a President/CEO, his clubs have a winning record of 1,895-1,650 (.535), have reached post-season play eight times (1996, 1998, 2003, 2004, 2005, 2007, 2008, 2009), have won three pennants, and two World Series. In those 23 seasons, attendance has improved over the previous year 16 times and the franchises have set club attendance records 13 times, including an 8 year stretch with the Red Sox, topping 3 million for the first time in Red Sox history in 2008, and again surpassing 3 million in 2009, 2010 and 2011. Lucchino is the first President/CEO to win pennants for two different franchises - let alone in two different leagues - since Hall of Fame executive Larry MacPhail more than 50 years ago with the Brooklyn Dodgers (1941) and the New York Yankees (1947).
    [Show full text]
  • Team/Stadium Bags Cameras Baltimore Orioles/Oriole Park All Items That Are Allowed Into the Ballpark Guests Are Welcome to Bring Cameras and Will Be Inspected
    Team/Stadium Bags Cameras Baltimore Orioles/Oriole Park All items that are allowed into the ballpark Guests are welcome to bring cameras and will be inspected. Purses, diaper bags, video recorders into the ballpark for personal backpacks and camera bags will be use. However, any photographic equipment permitted into the ballpark, but items must fit cannot be used to reproduce the game and into a 16" x 16" x 8" box. must not interfere with other fans' enjoyment of the game. Boston Red Sox/Fenway Park No bag or item larger than 16"x16"x8" will be Cameras and video cameras are permitted permitted inside the Park. Hard-sided coolers inside Fenway Park, but cannot be used to and glass containers are not allowed. reproduce the game and must not interfere with other fans' enjoyment of the game. Chicago White Sox/US Cellular Field Guests are welcome to: Fans are welcome to bring cameras into the • Carry in food in a small, clear (see-through) ballpark. However, video cameras may not plastic bag. be used to reproduce the game and must not • Enter with small, soft-sided bags (no larger interfere with other fans. No large camera than 16" x 16" x 8") that will be searched bags or tripods/camera supports are allowed prior to entering the park. into the park. • Carry in one sealed plastic bottle of water, one liter or less in size, but no other beverages of any kind. For any items that are too large to be carried into U.S. Cellular Field, guests may use the independent bag check facility located outside of Gate 5 in between parking lots A and B.
    [Show full text]