Three ways to put additional checks on professional sports facilities after a contract is signed

The arena is pictured towards the bottom right of the photograph, as a round building.

1.  Conditional Use Permit.  Madison Square Garden has a conditional use permit to operate an arena on top of Penn Station.  

The original term was 50 years.  The permit was renewed for 10 years in 2013.  MSG asked for a permanent permit before its expire in 2023.  This obtains from the Zoning Regulations Section 74-41.

Stakeholders want MSG to accede to new developments in and around Penn Station to make it function better as a railroad passenger station.  This would include land transfers and other acts.  MSG hasn't been cooperative.  The station's location on top of multiple railroad and subway lines means that a majority of its patrons use transit to get there.

Because of MSG's recalcitrance about redevelopment, the most recent renewal was only for five years to put pressure on them to participate ("Five-Year Madison Square Garden Permit Inflates Pressure to Play Ball," The City).

In any case, a conditional use permit provides the opportunity to renegotiate elements of the original agreement, in line with current conditions.

Photo: Danielle Parhizkaran / The Boston Globe.

Annual license.  A provision in the State of Massachusetts code provides that arenas and stadiums are licensed annually for the program they present.  The World Cup is a modification.

The license gives the locality extraordinary opportunity to manage and mitigate elements of the operations of the stadium and its effect on the community.

Much to the chagrin of Kraft Enterprises..  Annual license.  The town of Foxborough, Massachusetts refuses to agree to a license for the soccer World Cup until they receive the money they requested for police and other security measures that would have to be provided by the town ("The $90-a-month Foxborough Select Board members taking on FIFA’s Goliath," Boston Globe).  

Kraft Enterprises pays for security costs for football, concerts, and other large events held at the stadium complex.

Kraft Enterprises and FIFA are up in arms about this ("Boston’s World Cup games still in doubt after funding shortfall proposal rejected," The Athletic).  Foxborough hasn't budged.  From the CBS News story "World Cup security update: Foxboro "shocked and dismayed" by Kraft Group's latest statement on funding":

The town insists that FIFA and Boston 26 pay the $7.8 million security bill upfront ahead of the matches, but the organizations have said that they will reimburse the town, or that the equipment they need for security will be available by June 1.

... “The Town’s public safety team has spent thousands of hours in conjunction with regional, state and federal partners to develop a comprehensive security plan. While the total cost for such services is a microscopic fraction of the revenue that the events will generate, the Town has been met, at every turn, with resistance from the Kraft Group and other event organizers.

“That such entities may have miscalculated the cost of hosting the World Cup is not a reason to compromise on event security. The Town cannot and will not finance the Kraft Group’s losses by sacrificing public safety.”

It turns out that Kraft Enterprises operates Gillette Stadium in part through an annual license wrt the number of events, and other conditions.  It can be modified during the year, e.g. to add a concert to the list of events, etc.  From the license agreement:

In accordance with Massachusetts General Laws Chapter 140, Section 183A, Chapter 136, Section 4, Chapter 140, $181, and Chapter 229, Section 6 of the Code of the Town ofFoxborough (the “Governing Law") the Board of Selectmen of the Town of Foxborough (the "Board") licenses Kraft Sports and Entertainment LLC and its affiliates (collectively "KSE") to conduct live entertainment and sporting events at the premises controlled by KSE inside Gillette Stadium, including activity in the parking areas and plazas surrounding the Stadium that is incidental to events being held inside it, subject to the following terms.

El Paso claims President Donald Trump's political campaign owes more than half a million dollars for police and public safety services from a February campaign rally. REUTERS/Leah Millis.

An aside: Trump and his rallies.  The license approach is interesting.  

If cities had used such a process for dealing with Trump rallies for his election/re-election, they wouldn't have been stiffed ("Cities seek more than $750K in unpaid bills for Trump campaign events since 2016," NBC, "Why the Trump campaign won’t pay police bills," Center for Public Integrity).  From the CPI:

That depends on who you ask. The cities are adamant Trump should pay up. But in many of these cases, there are no signed contracts between the municipal governments and the Trump campaign. The cities dispatched police officers to secure Trump’s events because they believe public safety required it — and the U.S. Secret Service asked for it.

Transportation demand management plans. In "Framework of characteristics that support successful community development in association with the development of professional sports facilities" (2021) one of the sections is on transportation, with examples.  

Most contracts between a locality and the sports team don't have detailed requirements for transportation planning, and the contracts can't really be changed after the fact.

The Washington Wizards and Capitals have an informal agreement to pay for Metrorail service after the system closes, if games go late.  But this doesn't extend to playoffs.  The Washington Nationals baseball team has no similar agreement, formal or informal.

OTOH, the Chicago Cubs are required to have a transportation demand management plan, and it has been tweaked for improvements over time.  The codified document is difficult to find.  The 2018 Cubs Neighborhood Report describes the traffic measures on pages 1-6, including remote parking, shuttles, bicycle valet services, and a focus on CTA rail transit.

The 161st Street Subway Station is directly across from Yankee Stadium.

The Barclays Arena/Brooklyn Nets have a TDM requirement.  Yankee Stadium has a more informal agreement, with possibilities outlined in the environmental impact statement, but it has no public parking lots or garages, and most people arrive by subway and CitiField (NY Mets).  MTA provides extra express subway railroad trains on game days.

Meadowlands Stadium in New Jersey has the Meadowlands District Transportation Plan 2045, but it doesn't always work ("‘Mass-Transit Super Bowl’ Hits Some Rough Patches in Moving Fans," New York Times).

Other arenas that have investments in transit, including free transit fares to and from games and non-sports related concerts include Chase Arena (Golden State Warriors), Climate Change Arena (Seattle Kraken), and Talking Stick Arena (Phoenix Suns).

Other teams have contributed to transit stations and other facilities. Facilities in Australia even include extensive special bus and train services, including for concerts ("Transperth transit (Perth, Western Australia) provides free transit to certain events, like the Red Hot Chili Peppers concert on 2/12/2023," "Perth traffic: TransPerth offers range of travel options for Ed Sheeran concert attendees," Perth Now).

Some casinos too.  While not a sports team, the Springfield Massachusetts MGM Casino was required to create a TDM plan too, although they call it a Traffic Mitigation Plan.  

They complement public transit ("Despite Low Ridership, Springfield's Casino-Funded Bus Service Keeps Moving," WBUR/NPR) with special shuttle transit services ("MGM Springfield launches new shuttle service to Connecticut," Fox61)..  

Springfield doesn't have the same array of transit services as the casino in Everett (next paragraph) so it makes sense that the primary focus is on vehicular transit.

There is also a TDM plan for the Wynn Casino in Everett, although some complain that it maximizes the benefits to the casino, and doesn't work to extend transportation infrastructure improvements beyond the casino site ("New transit links could transform Everett’s access to Boston," Boston Globe).  A soccer stadium will be constructed proximate to the site as well.

However, the state is interfering with these programs to capture the revenues otherwise diverted from the state budget ("‘It couldn’t come at a worse time’: Legislature strips casino mitigation funds amid municipal budget woes," CommonWealth Beacon).