from here:

Judge gives First Avenue's landlords OK to reopen
Chris Riemenschneider, Star Tribune
November 13, 2004 AVE1113



First Avenue nightclub could reopen as early as next weekend, pending a judge's signature.

The club's landlords and former managers Steve McClellan and Jack Meyers got what they wanted in bankruptcy court Friday morning, including the club's assets, name and liquor license.

"Did we get the keys yet?" McClellan asked one of his attorneys right after the ruling in federal bankruptcy court.

The keys were expected to be handed over Friday afternoon. Judge Robert Kressel agreed to the landlords' requests to take over the club pending some minor changes in legal language, which was expected to only take a few hours to remedy.

"I gather there is some urgency about this," Kressel said in court.

About 130 club employees and most of the Twin Cities music scene had been waiting for the ruling.

A landmark in downtown Minneapolis, First Avenue shut down on Nov. 2 after its founder, Allan Fingerhut, filed for Chapter 7 bankruptcy on the company that ran the club. On Oct. 28, Fingerhut was evicted by the landlords for nonpayment of about $200,000 in real-estate taxes and rent.

Fingerhut's longtime business partner Byron Frank, who is the principal landlord, said after the hearing that he is "absolutely confident" that McClellan and Meyers can get First Avenue up and running again.

"I want it to be a music room for as long as possible," Frank said.

Between their trips to court and the club Friday, the landlords planned to go to Mayor R.T. Rybak's office.

From the mayor, they hope to get a low-interest loan from the city to offset reopening costs. They also hope to guarantee that their liquor license is approved. Rybak has repeatedly voiced his support for reviving the club, at 701 1st Av. N.

However, the liquor-license issue could be a sticking point. Minneapolis liquor licensing inspector Ken Ziegler said last week that the club's old license probably could not be transferred to the landlords. McClellan and Meyers plan to meet Monday with Ziegler, who was out of town Friday.

Ziegler said last week that McClellan "has a good reputation for running that place," and that he believed a new liquor license would likely be approved. However, such licenses usually take a few months to obtain.

Attorney John Stoebner, the bankruptcy trustee, remained confident the old license could carry over. He said the plan agreed upon Friday is best for everyone.

"Every day that I have control of [First Avenue], it adds expenses," said Stoebner.

Beside the landlords, the only other debtor who sought money from the bankruptcy trust was a company owed about $8,000 for bar equipment and furniture, Stoebner said. A few club employees have also complained that their last paychecks bounced. Most of the staff was told by Fingerhut to cash their checks before the bankruptcy was filed last week.

McClellan and Meyers could begin rehiring staff next week under 701 Ventures Inc., their new company. However, the pair, fired from the club by Fingerhut in July, remained cautious about planning too much too soon.

"We've just cleared the starting gate and still have a race to run," McClellan said.

Even if all goes according to plan for the club's reopening, the club has lost a lot of its talent bookings for the next few months. McClellan said it's likely the venue would only be open a few nights a week until early next year.

Two concerts are still on the books for next weekend: A sold-out show by Texas rockers Los Lonely Boys on Nov. 20, preceded by costumed heavy-metal band GWAR on Friday, the earliest the club would reopen.

McClellan noted the irony of having the blood-spewing, evil-faced GWAR as a first act, which some might say reflects the tone of the club's gory ownership battle over the past year.

"That should look real wholesome on the Channel 11 news," McClellan joked. Later, he added, "Diversity has always been our thing, and if anything we plan to offer more of it."

Chris Riemenschneider is at chrisr@startribune.com.


...in short:

Handclapsfingasnapz said:

I remember some Orger ing that they had tickets to the GWAR show. Looks like the show is back on!

FunkMistress said:

sweet!!


[Edited 11/12/04 11:04am]

Who wants to hit the GWAR show and celebrate?



Yay! for First Ave!!!!!

violett said:

man...i had my fingers crossed all morning, cuz i saw on channel 4 news this morning about how they were gonna go to court today to see if first ave. would re-open...i feel like runnin up the street and huggin the damn building.

new year's party next month!!!!!

sonicfreak said:

I'm not that excited.

sonicfreak said:

i would, but the show's on friday and i don't get paid till saturday.

This is excellent news!! Hurray!

x 1,000,000,000


this is the best news ever!

Handclapsfingasnapz said:

And she has to go to the post office.

FunkMistress said:

yeah, that too.

This is the best news I have seen all week!

Los Lonely Boys! I like their music.

Yes, now there is still a chance I can go there someday!

WARNING- I will now proceed to celebrate with a ridiclously high number of happy emoticons!

[Edited 11/12/04 11:39am]

My eyes! My beautiful eyes!

I have actually seen GWAR before and it was fun in a Halloween, cartoonish way. Novelty grew a bit old. I wasn't gonna go this time but if it is the first night they are open I might think about it. Otherwise i'll have to get my butt down there soon!

FunkMistress said:

it's almost like readin one of muse's posts...

Handclapsfingasnapz said:

The goggles do nothing...

FunkMistress said:

hehehehe...all that's missin is the little guy...

FunkMistress said:

Handclapsfingasnapz said:

He went blind.

FunkMistress said:

FunkMistress said:

Excellent, excellent news! I hope this will somehow reinvigorate the Mpls music scene and encourage people to go to 1st Ave again.

RipHer2Shreds said:

Like you?

FunkMistress said:

Smarty pants In all fairness, I've been to 1st Ave about 4 times in the last 6 months. I'm supportin' that mutha!

RipHer2Shreds said:

A lot of good it did me...

Handclapsfingasnapz said:

I sooooo want a pic of you huggin' the building

etc etc etc ~ I'm so happy things went as they should