Vendors try to recoup expenses after Coeur d'Alene concert series fails

When Kim Etter of Kona Ice of Coeur d’Alene got the chance to be a vendor at the 2024 Live After 5 summer concert series at McEuen Park, she took it. 

For a startup business, the exposure and potential for strong sales was a great opportunity, so Etter said she paid promoter Tyler Davis of Davis Enterprises $2,500 to secure a spot for Kona Ice. 

“We thought it would be wonderful to have an open door,” she said. 

But the concert series, originally slated to start in June, was repeatedly delayed. Eventually, it was canceled. Etter said she reached out to Davis several times inquiring about what was happening and asking about her $2,500. 

She said she didn’t hear back.

The financial loss stung. 

“As a startup, that money meant everything to us,” she said. “You feel like you’ve been taken advance of. That’s the hard part."

Etter was one of nearly 10 people who attended a meeting Tuesday at the Backwoods Bar to discuss their course of action after they said they gave money to Davis to be vendors at Live After 5 and never received refunds when the series didn’t happen. 

Between them, they say their losses totaled about $30,000. 

Tricia Whitney, owner of Malvagio's, said their steps will include filing police reports, contacting attorneys to take civil action and attending Tuesday’s Coeur d’Alene City Council meeting. They are calling for criminal charges to be filed against Davis.

“We will not stop until justice is served,” according to a prepared statement from the group. “Small businesses are the heart of Coeur d’Alene and we deserve protection from individuals who exploit our trust.” 

Whitney said she was also upset with the city, which had a contract with Davis to put on the concert series. 

“I feel the city didn’t do its job in due diligence,” she said. 

City attorney Randy Adams, in an email to The Press, wrote that the city entered into a five-year agreement with Davis Enterprises, Inc., on March 21, 2023.

He said Davis Enterprises agreed to pay an annual refundable deposit of $5,000 and a permit fee of $1,200 per concert at least 30 days before the first event each year. 

In 2023, Davis Enterprises paid the refundable deposit but did not pay permit fees, according to the city. He began to miss required payments, the city said. 

Concerns about Davis were also coming to the city’s attention. 

“Throughout the last quarter of 2023 and the early part of 2024, the city received numerous calls and emails to the effect that Davis Enterprises owed money to vendors for services provided and to lenders for loans to operate the concert series in 2023,” Adams wrote. 

Despite efforts to work things out, the city said, Davis failed to meet terms of the agreement, and a notice of termination was provided to Davis Enterprises in June. 

“The city was extraordinarily patient with Davis Enterprises, affording every opportunity for it to continue the summer concert series in 2024 and beyond,” Adams wrote. 

On Feb. 4, the City Council approved a five-year contract with Michael Koep to put on a free Wednesday night summer concert series at McEuen Park. It includes rights to sell beer, wine and liquor. 

Davis, who began putting on the Live After 5 concerts about 10 years ago, did not return two phone calls form The Press seeking comment. 

However, he addressed the City Council on Feb. 4 during public comment.

"It’s not a great feeling to walk out of the season with $50,000 in debt,” Davis said. 

But he said bad weather, a major investor backing out and starting the year underfunded could not be overcome.

“None of this was intentional,” he said. 

He proposed what he called a “last minute Hail Mary” to the City Council and described it as “a way to “feel comfortable walking away.” 

Davis said he could argue he still had a valid contract. 

“My intent is not to sue,” he said. 

Davis said he had an investor who would “potentially write a check” to acquire the alcohol rights for the free concert series. He said that would provide “an opportunity to refund and pay back the people that were unintentionally harmed.” 

“I’m not a crook. If I was, I certainly wouldn’t be here in front of you. I’ve got the best intentions in mind," Davis said.

Bill Greenwood, city parks and recreation director, said their agreement for the concert series was with Koep and the decision on who sold alcohol would be up to him. He said for Davis to suggest the city enter into an agreement with him “is really off base.” 

“Mr. Davis has had plenty of opportunity to settle this and hasn't done so,” Greenwood said. 

Vendors and investors who paid Davis remain disappointed.

Nick Leonard, an owner of Fine Brewed Cafe in Coeur d'Alene, said they gave Davis $4,000 in January 2024 to have a vendor spot at the Live After 5 concerts. Its late cancellation affected staffing, inventory and meant they couldn’t be part of other summer events. 

Leonard said they were “left in the dark.” 

“There were no apologies,” he said.