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State representative hears complaints
By Katie Byard and Phil Trexler
Beacon Journal staff writers
Published on Thursday, Jan 08, 2009
The complaints continue over the abrupt closing of the Carousel Dinner Theatre.
Many were left with worthless tickets and no sign of relief.
State Rep. John Otterman, D-Akron, said Wednesday that he plans to send a letter to the Ohio attorney general's office asking if there is any help the state agency can provide.
Otterman said he has received about a dozen complaints from ticket holders, some of whom claim they bought tickets in the days leading up to Christmas.
''People are just frying, they're upset,'' Otterman said. ''It's not like it's a $10 or $20 gift card.
''I think [Carousel owners] had a general idea that things were going south, and they were going out of business, yet they were continuing to sell these gift certificates several days before Christmas.''
Joseph Palmer, owner of the Carousel in Akron, said the decision to close the theater after 35 years of operation, was made Dec. 30 after the ''reversal of certain stakeholders' written or verbal promises,'' decreasing sales and rising expenses.
He said no tickets were to be sold for the 2009 season after the 30th, and on New Year's Eve staff members were told of the pending closing.
On Dec. 31, however, at least one customer said he was sold two seats for a 2009 show. Craig Stripe of Barberton said he was sold such a ticket.
He is awaiting a refund on the gift certificates used to make the purchase.
''They knew at the time they were just taking my money,'' he said. ''I'm mad as hell.''
About $200,000 worth of tickets had been sold for the 2009 season, Palmer said.
Those who used a credit card to purchase seats are being asked to contact their card company. Those who paid with cash are considered creditors who must wait until larger debt-holders are paid.
In an e-mail sent Wednesday, Palmer said he does not ''know how any sales got through'' for 2009 shows after Dec. 30. He also had no comment on Otterman's request for a review by the attorney general.
Manilath Southammavong, a consumer educator with the attorney general's office, said the state's gift-card law ''prohibits businesses from selling gift cards that expire in less than two years from their issue dates, but if a store closes there is not much protection.''
Under federal law, she said, consumers can seek reimbursement from credit-card companies.
If the theater files for bankruptcy protection, gift-card holders would be considered unsecured creditors. They would wait in line behind secured ones, Southammavong said, such as those who hold mortgages on the real estate.
''Consumers are paid last, if they are paid'' at all, in bankruptcy cases, she said.
Carousel has not filed for bankruptcy. The company said Monday it has debts of more than $6.4 million and assets of nearly $2.7 million.
One unidentified creditor, owed in excess of $1.8 million, holds a mortgage on the theater's real estate and a lien on all other assets.
A second mortgage creditor is owed more than $1.7 million.
An asset liquidation sale isn't expected to net much revenue after those top two debts are paid. Palmer has said he intends to sell the business's assets and pay off creditors. Ticket holders fall in line behind mortgage lenders.
Katie Byard can be reached at 330-996-3781 or kbyard@thebeaconjournal.com. Phil Trexler can be reached at 330-996-3717 or ptrexler@thebeaconjournal.com.
The complaints continue over the abrupt closing of the Carousel Dinner Theatre.
Get the full article here.
Comments
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akron, OH
Posted 06:48 AM, 01/08/2009
The little guy always takes it on the chin, but the National City Bank leadership gets $50 Million when they fail! And, the little guy and the little guy's children and grand children will pay for their bailout with federal funding.
Posted 07:19 AM, 01/08/2009
Of course they were aware that they were going to close shop before Christmas yet they continued to sell tickets to upcoming productions in bad faith yet I can understand that if you know the ship is going to sink,you will try to accumulate as much money as possible before that time comes.thats just taking care of your own needs and business. It's too bad though.
Akron, OH
Posted 09:32 AM, 01/08/2009
Otterman sending a snail mail. Yea, that'll help.
We've been taken for such fools by the eilte and politicians.
Wake up, middle-class America. How much more will it take?
Ravenna, OH
Posted 11:47 AM, 01/08/2009
The owners are SCUM! They sold tickets and gift certificates when they knew they were closing.
Posted 12:42 PM, 01/08/2009
YOU KNEW FROM THE ONSET THAT YOU WERE GOING TO CLOSE! I JUST HOPE THOSE AFFECTED ( I'M NOT ONE OF THOSE)CAN TAKE YOU TO COURT AND SUE YOUR PANTS OFF!THIS IS WHY IT'S A BAD IDEA TO USE GIFT CARDS AND IF NOTHING ELSE...WAKE UP PEOPLE!!
m, m
Posted 12:44 PM, 01/08/2009
This story, told again and again, can be stopped if lawmakers pass a consumer protection law requiring businesses to put the money for the gift card into an escrow account, until the card/ticket is actually used.
Akron, Oh
Posted 12:58 PM, 01/08/2009
you know the day before it was told to be closing-we received an email wanting us to buy tickets. he knew what he was doing...what a thief!
Akron, Oh
Posted 01:03 PM, 01/08/2009
they knew they were closing, we received an email the day before, wanting us to buy tickets...thiefs!
Akron, OH
Posted 02:05 PM, 01/08/2009
Kinda like buying Browns tickets. Only in that case, you'll be forced to sit through a bad show. Mebbe better no show.
akron, oh
Posted 02:23 PM, 01/08/2009
Here is the story as reported on the radio this morning in a discussion with three Cleveland theater critics:
The credit company that processed their credit cards demanded more collateral. The owners did not have it and went to their bank to access their credit line. They were told that line of credit was no longer available.
Posted 02:31 PM, 01/08/2009
the owners of the carousel are thieves. chop off their hands!
Tallmadge, OH
Posted 06:20 PM, 01/08/2009
Palmer should be arrested and charged. He stole the $200000 from his ticket buyers knowing he would be closing. Why hasn't Walsh arrested him already? This is a pure case of theft by deception.
_________, OH
Posted 08:05 PM, 01/08/2009
As I said week ago or so. Knowingly selling a product and not producing said product is theft plain and simple. Sad it has come to this. The man should be selling everything he owns( including the shirt off his back) to pay back these loyal customers. Someone who was once a decent man will now and forever be marred as a con-man. There's one at every turn.
Cuyahoga Falls, Oh
Posted 11:32 PM, 01/08/2009
Sigh...at least the patrons of the Carousel didn't have to purchase a PSL, eh? Now, should they be held to any less a standard than some of the businesses that sell "gift cards" through the local Giant Eagle?
If so, let our legislative representatives pass some legislation governing same, eh?
akron, oh
Posted 10:33 AM, 01/09/2009
@ old man grump
for once i agree with you. when you have assets in access of 2.7 mill of course walsh wont do anything. but shop lift a 50.00 steak and shell through the book at you. money talks bullcrap walks as usual
Clinton, OH
Posted 10:41 AM, 01/09/2009
Not surprised this happened, when will business people realize that typical business models don't always work in industries that support the arts and humanities?
Akron, Oh
Posted 03:47 PM, 01/09/2009
John Otterman on the case is like letting Jeffery Dahmer baby sit your 12 yo son...
