COEUR D’ALENE, Idaho – Multiple businesses remain angry after they say they were scammed this summer by the operator of Coeur d’Alene’s “Live After 5” concert series.
Davis Enterprises INC contracted with Coeur d’Alene Parks and Recreation for years to put on the concerts. At least seven Coeur d’Alene restaurants were set to be vendors for the 2024 series and report they lost significant revenue due to the concert’s cancellation
Tricia Whitney, the owner of Malvagio’s, received a message from Tyler Davis, of Davis Enterprises INC, asking if she was interested in becoming a “Live After 5” vendor. After some consideration, she signed on.
Jillian Rowley, the owner of Pokeworks was also invited to be a vendor.
“…This spring, I finally got the courage and the correct staffing to pull something off,” Rowley said.
Whitney told NonStop Local she invested close to $5,000 into this project.
“That was paid to him… I had plans for staffing, we had ordered product, had declined other catering opportunities. The potential loss of revenue is significant,” Whitney said.
Rowley said she paid $2500 to Davis. Additionally, she told NonStop Local she spent over $25,000 towards a trailer for the event.
“Live After 5” was supposed to begin in June.
Rowley, Whitney and Nick Leonard, the owner of Fine Brewed, who also told NonStop Local he spent approximately $5,000 to be a vendor, each became worried when Davis pushed back the start date.
“June rolled around. The first couple of events didn’t happen,” Leonard said.
NonStop Local confirmed at least seven businesses were involved: Pokeworks, Malvagio’s, Fine Brewed, The Burger Dock, The BBQ Shack, Crafted Taphouse + Kitchen and The Backwoods Bar.
The vendors continued to reach out to Davis, each time being reassured the concert series would happen, but at later dates.
Finally, on July 9, Davis sent a letter to the vendors claiming the City was responsible for a breach of contract. He assured the businesses they would be compensated and added that he hoped the series would kick off at the end of July and run through September.
This was the last time the businesses said they heard from him.
“The agreement between Mr. Davis and those vendors were between those two parties. Not between the City. My agreement with Davis was with him,” Bill Greenwood, the Director of Parks and Recreation, said.
For the most recent contract, Coeur d’Alene Parks and Recreation told NonStop Local their term of agreement with Davis Enterprises INC started on March 21, 2023 and was set to run through the summer of 2027.
Under the agreement, they report that Davis Enterprises agreed to pay an annual refundable deposit of $5,000 and a permit fee of $1200 per concert, at least 30 days before the first event every year.
“He was unable to do all of those things,” Greenwood said.
After a lot of back and forth for a few months between Davis and the City, Greenwood told NonStop Local that they had enough.
“He got a letter from us in the latter part of June that we were done… he had some difficulty in, I think, accepting that decision,” Greenwood said.
The City’s attorney provided a press release on Monday with full details on their agreements.
“There’s a clause in our contract where they wanted us to pay our fees in advance. You know, 30 days in advance. We’ve always paid our deposit in advance. We’ve never paid the full season in advance, even last year. When signing our brand new tenured agreement, we only paid for the first three events,” Tyler Davis said.
NonStop Local asked Davis about where things stand with the businesses who lost thousands from this ordeal.
“…I feel absolutely horrible about that. Unfortunately, it’s out of our hands at the moment. Our intent was to run the season last year, and unfortunately, by the City pulling the plug on that, it’s really kind of put a wrench into that,” Davis said.
Davis added he hopes to reimburse the businesses.
He told NonStop Local that the money provided by the vendors has already been spent. He reports that the funds went towards paying the bands, who did not perform, marketing and office expenditures.
According to Idaho State records, Davis Enterprises INC, formed in April of 2013, was dissolved in July.
Davis Enterprises INC has at least 15 active liens against the company in 2024, according to the Idaho Secretary of State.
Davis said he has not contacted the vendors since the summer on the advice of his legal counsel.
He added that he is considering pursuing legal action against Coeur d’Alene.
Meanwhile, the businesses, who have yet to be reimbursed, are considering suing him.
“Unfortunately, it’s very difficult to try to go after someone financially if they don’t have anything,” Whitney said.
For a separate concert series that took place in the fall, Greenwood told NonStop Local that he provided the organizer of that event a list of all of the “Live After 5” vendors, in the hopes of connecting them with a new opportunity.
Otherwise, Greenwood said, the City has not contacted any of the businesses involved.
“I mean, be careful who you go into business with,” Greenwood said.
This lack of communication from the City has caused much irritation to business owners like Rowley and Whitney, who are seeking accountability.
“Hopefully, this doesn’t happen again. I believe you cannot steal from small businesses.”
Out of the at least seven vendors involved, only Crafted Taphouse + Kitchen received their money back by disputing the charges with their bank.
