Rancho Santa Fe Review |

Months after reaching a deal to reunite, Del Mar Fairgrounds board votes to execute contract with KAABOO

Board members at the Del Mar Fairgrounds have said they’ve been asked repeatedly when they’re bringing back the KAABOO music festival.

The state-owned fairgrounds didn’t have any say when KAABOO organizers made a surprise announcement in 2019 that they were leaving for PETCO Park. But fair board members voted Jan. 9 to finalize a deal with the festival’s new organizers to bring the event back this September.

“We do have a truncated timeline, but we’ll get moving,” said Mark Terry, one of the leaders of Festival Licensing and Acquisition Corporation, which has the rights to hold KAABOO-branded events.

The fair board voted in favor of making a deal a few months ago, but left it to CEO Carlene Moore to continue discussions about certain areas of concern.

The agreed-upon terms included four one-year renewal options, with $250,000 or 3% of net revenue from ticket sales paid to the Del Mar Fairgrounds, whichever is higher, as well as 40% of parking revenue and $5 per concession ticket sold.

But board members were worried about protecting ticketholders from spending money on an event that never happens, and protecting the fairgrounds from legal liability in that scenario. Many festivalgoers have been complaining after buying tickets to KAABOO at Petco Park, which never materialized and led to both sides filing lawsuits against each other.

The notoriously fraudulent Fyre Festival has also heightened concerns for venues like the Del Mar Fairgrounds about what would happen if tickets are sold to an event that never happens.

Terry said he felt FLACC has addressed all of the board’s concerns, and that KAABOO wouldn’t present a greater legal risk to the fairgrounds than any other event.

“I can’t figure out a way to essentially put myself in the place of a bad actor, and tell you how I’m not going to be a bad actor,” he said during the meeting. “I think at the end of the day you have to make a decision whether or not as a group we have met certain due diligence requirements for the fairgrounds.”

He added that FLAAC was waiting to make the agreement for KAABOO Del Mar official before starting the process of reaching out to musical acts, and that further delaying the contract would complicate this year’s effort to put a lineup together.

But fair board member Mark Arabo asked “is the juice worth the squeeze?”

Board member Michael Gelfand said he was worried about dealing with “an astounding mess” if KAABOO’s new organizers were to cancel the festival last minute.

“I think we’re taking a risk here, which may be OK,” Gelfand said. “Particularly if the ticket purchasers are very clear of the risk that they’re taking.”

KAABOO Del Mar successfully took place each year during its initial run from 2015-19, but also generated complaints from nearby residents about noise and traffic congestion. It has also undergone multiple ownership changes before FLAAC ended up with the licensing rights in 2021.

Despite those concerns, the board voted unanimously to allow Moore to execute the contract, with a provision that it does enough to protect the fairgrounds.

“It’s not a done deal until Carlene is satisfied,” Gelfand said.

“Go produce a quality product, of which we’re all going to be proud, please,” added Frederick Schenk, board president.