letter to olcc re mynt gentlemens club

December 16, 2009 Chairman Phillip D. Lang Commissioner Robert Rice Commissioner Ron Roome Commissioner Alex Duarte Commissioner Cassandra SkinnerLopata Oregon Liquor Control Commission 9079 SE McLoughlin Boulevard Portland, Oregon 97222-7355 RE: Liquor License Application, New Outlet, Full On-Premises Sales

REQUEST TO DENY APPLICATION Mynt Gentlemen’s Club a/k/a Fat Jack’s a/k/a Fat Jack’s Saloon a/k/a Fat Jacks LLC 3390 NE Sandy Boulevard Portland, Oregon 97232

Dear Chairman Lang, Commissioners Rice, Roome, Duarte, SkinnerLopata:

I request that you deny the application for the above establishment. This letter provides some of the reasons and information supporting a denial of license. The information should be consid-ered preliminary and subject to change after thorough review by state and local agencies with sufficient resources to conduct such a review.

1. The application is incomplete. The application for the license does not name Tracy Ronald Doss as a person who owns or has an interest in the business proposed to be li-censed by the Commission (Attachment 1).

In contrast to the application documents signed by Sherri Doss, the Liquor License In-vestigation prepared by Commission staff indicates that Sherri Doss and Tracy Doss each own a 50 percent membership interest in Fat Jacks LLC.

OAR 845-005-0311(1) requires that applications for licenses must specify the real and true names of all persons who own or have an interest in the business proposed to be li-censed by the Commission.

OAR 845-005-0314(4) (“Refusal to Accept an Application”) specifies that a complete ap-plication shall include any forms, statements or requests required by OAR 845-005-0312, all fully completed and signed and dated.

2. Potentially false or misleading information provided to the Commission. ORS 471.313(4) specifies that the Commission may refuse to license any applicant if the com-mission has reasonable ground to believe that the applicant has made false statements to the commission. OAR 845-005-0325(6) specifies that the Commission will deny a license if the applicant provides material false or misleading information to the Commission. OAR 845-005-0327(5)(c) defines “material fact” as any fact which would affect applica-tion of the “Applicant not an Acceptable Future Compliance Risk” rule.

Oregon Liquor Control Commissioners of 5

(a) The Limited Liability Company Questionnaire submitted by the applicant mis-represents the ownership of the applicant. Specifically, the Questionnaire omits the 50 percent ownership of the LLC held by Tracy Doss.

OAR 845-005-0312(1)(e) requires any applicant that is a registered entity must com-plete a questionnaire that lists, as appropriate, the officers, directors, shareholders, general and limited partners, or members of the entity.

(b) The Individual History form submitted by Tracy Doss omits or misrepresents his past licenses held, misdemeanor convictions, and violations/enforcement actions against him as a licensee. Omitted information includes a liquor license revocation order issued by the Ohio Liquor Control Commission, a denial of license issued by the Ohio Division of Liquor Control, a conviction for driving with a suspended li-cense, and numerous violations of liquor regulations at establishments that are not listed on his Individual History form.

3. Tracy Doss is an unlicensable person. ORS 471.757 allows the Commission to deny, cancel or suspend a license if an unlicensable person has any financial interest in the licensed business or place of business. OAR 845-005-0311(4)(d) specifies that the spouse or do-mestic partner of the licensee or license applicant has a financial interest in the licensed business or place of business.

ORS 471.313(5) specifies that the Oregon Liquor Control Commission may refuse to license any applicant if the commission has reasonable ground to believe that there is a history of serious and persistent problems involving disturbances, lewd or unlawful activities or noise either in the premises proposed to be licensed or involving patrons of the estab-lishment in the immediate vicinity of the premises if the activities in the immediate vi-cinity of the premises are related to the sale or service of alcohol under the exercise of the license privilege. Behavior which is grounds for refusal of a license includes, but is not limited to obtrusive or excessive noise, music or sound vibrations; public drunken-ness; fights; altercations; harassment; unlawful drug sales; alcohol or related litter; tres-passing on private property; and public urination. Histories from premises currently or pre-viously operated by the applicant may be considered when reasonable inference may be made that similar activities will occur as to the premises proposed to be licensed.

(a) The Columbus, Ohio NBC affiliate reports that three people were arrested at the grand opening of Allure Gentlemens Club in 2007, an establishment owned and operated by Tracy Doss. The report indicates that drugs, weapons, and suspected prostitutes were found at the establishment according to police. As a result of those events, the Ohio Division of Liquor Control reports that the Ohio Liquor Con-trol Commission issued an order revoking the establishment’s liquor permit.

(b) The Columbus Dispatch names Tracy Doss as the owner of B. K. Flyers Nite Club, in Columbus Ohio. The Ohio Division of Liquor Control confirms a newspaper re-port noting that the establishment’s renewal application was rejected in 1996.

The Ohio Division of Liquor Control reports numerous violations involving illegal sales and/or possession of dangerous drugs; unsanitary conditions; and improper advertising encouraging excessive drinking.

The Dispatch reports that in August 1995, police closed the establishment for the night after several fights at the establishment.


The Dispatch reports that in 1993, the establishment promoted bear wrestling, a com-petition in which patrons would pay $10 for the opportunity to wrestle an 11-year old bear. Patrons who successfully pinned the bear would win $1,000. The wrestling events were cancelled after protests by the Columbus mayor and animal rights groups and the threat of review by an environmental court.

TRACY DOSS IS AN UNLICENSABLE PERSON

Attachment 1 shows that Tracy Doss is listed as a manager on the Individual History form submitted to the OLCC. Tracy Doss signed the Individual History form, which emphasizes: I understand if my answers are not true and complete, the OLCC may deny my license appli-cation.

• Item 8 asks: Do you currently hold, or have you ever held a liquor license in this or any other state? If yes, when, where, and name of premises?

Tracy Doss responded “yes,” but indicated only one establishment with the following information: 2000, Columbus, Ohio, Krome.

Commission staff note that Tracy Doss was the manager at Fusion, a night club previ-ously located in the Old Town Neighborhood of Portland. It has been established by the Portland Police Bureau while Tracy Doss was manager at Fusion the business commit-ted a City of Portland Time, Place, and Manner violation due to the high incidence of as-saults and other nuisance related activities. The establishment’s name was changed to Spyce Gentlemen’s Club and its format changed from a night club to an adult enter-tainment establishment with nude dancing. (Attachment 2)

In contrast to his signed Individual History form, Tracy Doss has been identified as an owner, manager, and/or licensee of at least four establishments in Columbus, Ohio, all of which have had problems with liquor law violations, disturbances, unlawful activi-ties, and/or noise.

Tracy Doss’s ownership and/or management of Allure Gentlemens Club, Columbus Night Life, Inc., and B. K. Flyers is not reported on the Individual History form signed by Tracy Doss.

• Item 9 asks: In the past twelve years, have you been convicted of any violation, misdemeanor, or felony? If yes, what, when, and where?

Tracy Doss responded “yes,” but indicated only a moving violation and a speeding ticket.

CriminalSearches.com reports that, in 2002, Tracy Doss was found guilty in the State of Ohio of driving under a Financial Responsibility Act suspension (Attachment 3). I un-derstand from an attorney in Ohio that such a violation is a misdemeanor and is not considered a mere moving violation. This violation is not reported on the Individual History signed by Tracy Doss.

• Item 13 asks: Have you ever had a warning, violation, suspension, fine, cancellation, or refusal as a licensee or service permittee, in Oregon or any other state. If yes, when, where?

Tracy Doss responded “yes,” but indicated only a single incidence with the following in-formation: 2003, Columbus, Ohio, Improper advertising and underage service.


As noted below, Tracy Doss has been identified as an owner and/or manager of at least four establishments in Columbus, Ohio. Several of the establishments had violations of underage service laws and B. K. Flyers had a violation for improper advertising encour-aging excessive drinking. One or more of these establishments had numerous violations that are not reported on the Individual History form signed by Tracy Doss. One estab-lishment was subject to a license revocation order and another had its initial application denied.

Tracy Doss was a shareholder in Danny’s Emerald Fox, Inc., a corporation doing business as Al-lure Gentlemens Club, a trade name established by Tracy Doss as an individual in August 2006. Ohio Division of Liquor Control reports that Tracy Doss was the CEO of the business and that the establishment operated at 340 Greenlawn Avenue, Columbus, Ohio. (Attachments 4 and 5)

• The Columbus NBC affiliate reports that three people were arrested at the grand open-ing of the establishment in 2007. The report indicates that drugs, weapons, and sus-pected prostitutes were found at the establishment according to police. (Attachment 6)

• The Ohio Division of Liquor Control confirms the NBC report noting violations for “im-proper conduct possession of illegal firearms” and other improper conduct. (Attach-ment 4)

• The Ohio Division of Liquor Control reports that the Ohio Liquor Control Commission issued an order revoking the establishment’s liquor permit. A fine was ordered and the license was transferred to another business in lieu of license revocation. (Attachment 4)

In 2002, Tracy Doss was one of the incorporators of Columbus Night Life, Inc., operating a night club at 57 E Main Street, Columbus, Ohio. Ohio Division of Liquor Control reports that Tracy Doss was the vice president of the business. (Attachments 4 and 7)

• The Ohio Division of Liquor Control reports that the application to transfer the liquor li-cense from the previous owner was rejected. One of the reasons cited for rejecting the transfer was because of “applicant's failure and refusal to cooperate with the Division in its investigation.” One failure to cooperate was his refusal to submit information that would allow for a background check of his spouse. (Attachment 4)

In 2001, Tracy Doss was the incorporator of Fat Boy Entertainment, Inc. CitySearch.com reports that the corporation was doing business as Krome Nightlife at 281-283 E Spring Street, Colum-bus, Ohio. Ohio Division of Liquor Control reports that Tracy Doss was the president of the business. (Attachments 4, 8, and 9)

• The Ohio Division of Liquor Control reports numerous violations involving sales to per-sons under legal drinking age, with some violations resulting in fines and/or liquor li-cense suspension. (Attachment 8)

The Columbus Dispatch names Tracy Doss as an owner of B. K. Flyers Nite Club, operating at 1564-1568 N High Street, Columbus, Ohio. (Attachment 10)

• The Dispatch reports that the establishment lost its liquor permit and had to close per-manently. The Ohio Division of Liquor Control confirms the newspaper report noting that the establishment’s renewal application was rejected in 1996. (Attachments 4 and 10)

• The Ohio Division of Liquor Control reports numerous violations involving illegal sales and/or possession of dangerous drugs; unsanitary conditions; sales to persons under le-


gal drinking age; and improper advertising encouraging excessive drinking. (Attach-ment 4)

• Over a period of two months in 1995, the Dispatch reports that the establishment faced “serious” charges of violations of state liquor laws: 5 charges of sales to minors and 11 charges of disorderly conduct. (Attachment 10)

• The Dispatch reports that in August 1995, police closed the establishment for the night af-ter several fights at the establishment. (Attachment 10)

• The Dispatch reports that in 1993, the establishment promoted bear wrestling, a competi-tion in which patrons would pay $10 for the opportunity to wrestle an 11-year old bear. Patrons who successfully pinned the bear would win $1,000. The wrestling events were cancelled after protests by the Columbus mayor and animal rights groups and the threat of review by an environmental court. (Attachment 10)

CONCLUSION: THE LIQUOR LICENSE APPLICATION MUST BE DENIED

Based on the information presented above, it should be clear that the Commission has sufficient evidence and authority to deny the liquor license application.

Respectfully submitted,

Eric Fruits, Ph.D.

Attachments

1. Liquor license application 2. Portland Police Bureau recommendation 3. Printout from CriminalSearches.com 4. Printout from Ohio Division of Liquor Control 5. Ohio Secretary of State business information for Allure Gentlemens Club 6. News report regarding Allure Gentlemens Club 7. Ohio Secretary of State business information for Columbus Night Life, Inc. 8. Ohio Secretary of State business information for Fat Boy Entertainment, Inc. 9. Printout from CitySearch.com 10. News reports regarding B. K. Flyers Nite Club

OREGON LIQUOR CONTROL COMMISSION

LIQUOR LICENSE APPLICATIONPLEASE PRINT OR TYPE

(

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Rec'd by Portland _" ALiquor ucenses 'VJUN 25 2009 \

(}f)~

FOR CITYANDCOUNTY USEONLY

The~o_or county commission:

---±'~tA"(name of city or county)

90-day authority: a Yes a No

OlCC USE ONLY

AppllcatJ~n ~fc'd bY~\:o~*"'=-----r.-Date:WaD?

a Individuals

ACTIONSo~hange Ownershipcr(New Outleto Greater Privilegeo Additional PrivilegeOOther _

a Corporation 'Limited liabilityCompany

Application Is being made for:LICENSE TYPES

Ill' Full On-Premises Sales ($402.60/yr)~ommercial Establishment6 CatererCJ Passenger Carrier3-,Other Public locationvPrlvate Club

a limited On-Premlses Sales ($202.60/yr)a Off-Premises Sales ($1001yr)

a with Fuel Pumpsa Brewery Public House ($252.60)o Winery ($250/yr)a Other:. _

Applying as;

a limitedPartnership

8·. '•'..

1. Entity or IndiViduals applying for the license: [See SECTION 1 of the Guide]

<D --=fit 0AalCS LLC . CID _

Cj""'Jaoa(ZIP code)

DR(state)

~i2-+{ Aod(city) (county)

®_----------------@------------------2. Trade Name (dba):..±Q} J~)L....;::S=--.....;

3.~~~~~ca~n:.~3~3~~~-~~~~~~--~~~~~~--~~--~~--(number, street, rural route)

(fax)

(slate) (ZIPcode)(city)4.Bu~nessMamngAddress:~~-~~~-~~----~~---~~---~~~--

(PO box, number, street, rural route)

5. Business Numbers: So 3, - S?> l'{ - q&7 D(phone) J.'

6. Is the business at this location currently licensed by OlCC? aYes .IQNo J.. J7. If yes to whom:________ _ Type of License: 6L...=.l......p{"76~8.~~~B~~~~m~ L~~=n_~-------------------- __9. Will you have a manager? DYes ')(~o Name: --:- :-=::-----:---:--:-:-:-:--:'~~:___:__---

(manager /'Just fill out an Individual history form)

10.What Is the localgoveming body where your business is located? f'Dt--H.»odJ Of~on, (name or city or county)

11. Contact person for this apPlicatlon:~1 C..i))sS (6b3) 534· OJ (0 Jj>

L/ DLI nG fIf CltQ./t ameV6.fUJJ e U1 do I rei'umvt

s)(;' t.\ ' Con

(eddress) (fax number) (e-mail addres

I understand that If my answers are not true and complete, the Olee may deny my license application.Appllcant(s) Signature s) and Date:

~

(rev, 12/07)

® Date@ Date _

1·800·452·0LCC (6522)www.oregon.gov/o)cc

ATTACHMENT 1

8,. ,. .

.. OREGON LIQUOR CONTROL COMMISSION

.".. . LIMITED LIABILITY COMPANY QUESTIONNAIREF

• See section 2 of Guide for help with this form

Year Filed: ~oo9Please Print or Type

LLCName: WTrade Name (dba):_-.:..:..:....:.....--=..:...:....-..:....;,..-_--=:::;.;..;.....;..:::,,;~ _

Business Location Address:

City:---.Porz.+{ ftn.......d ---->:<..:.......,;;-+-'-'---- ZIP Code: C17~

List Members of LLC:I~ n ()o. ())s.s1.51~

(managing mamber)

Percentage of Membership Interest:

}00 trJn

(members)2.~-:---:-------------

3. _

4. _

5. _

6. _

(Note: If any LLC member is another legal entity, that entity must also complete an LLC, UmitedPartnership or Corporation Questionnaire. If the LLC has officers, please list them on a separatesheet of paper with their titles.)

Server Education Designee:~~&(4 ~" D~ DOB: 5/; /2IJo9

I understand that If my answers are not true and complete, the OlCC may deny my license application.

Signature:~ lli2fl< ~. O~(name)

{h~~~ Date: 5/-'12Doj(litle)

1·800-452-0LCC (6522)www.oregon.gov/olcc (rev. 12/07)

ATTACHMENT 1

..c.'='I

OREGON L1QG .... r< CONTROL COMMISSION

INDIVIDUAL HISTORY

que.lal(ZIP code)

(middle)

Clty:-P?-£-:.';l....I.4£4~--

PLEASE PRINT ORTYPE

YOU MUST ANSWER All QUESTIONS ON THIS FORM. IF THE QUESTION DOES NOT APPLY, WRITE N/A IN THE SPACE.ATTACH ADOmONAL SHEETS IF NECESSARY.

Trade Name (~.b.a.): . ,61 cia¢,.51. Name:_.J::~:::::::::""""'- "::::::~~:::.L ~~:u!..lli;""""' _

s-; /1J9'¥:> 3M, I

(last) . (fi{S1f:, I

2. Other namesused (malden, other): SIref21Zt &(l£!~.:d:"""'-_-= __---;---:-::--_-=-A"T-;-""---_

3. Residence Address: Y.30~ ne $61i{ CJt.aJ.e lJLL:.arco~(J:...-"J......;eg.:......-.:_~~----::===::-=::-_(number and street) (city) (state)

4. Home Phone:(518 ) 639- 9/0 ')D Business Phone:(I.---;-_-J). _

S. *SSN • Place of Birth: 0 H,'D D~B' & 0-.1 11'111 Sex: M__ F~~. (State/Country) (mm) (dd) (yyyy)

6. Driver Uce e or StatejD # I State: W1t' Spouse's name: 1'fflcg .cnss _7. tes, other ~'i' Oregon, r:te:zu have lived during the past tenyears:, "-T,;voaQ. lJ I n '<;...,

8. Do you currently hold, or have you ever held a liquor license In this or any other state? _Yes NoIf yes, when, where and name of premlses? _

9. In the past twelve years, have you bee convict d ofIf yes, what, when and where? Q, l Q

10. Have you ever entered Into a diversion agreement? _Yes -:i-Nonyes,wh~a~Wh~? ~~

11. Do you have any arrests or cItations that have not been resolved? _Yes '2(No SearohCornpletedIf yes, arrested/cited for: Date County/City/State/

MAY 19 200912. If you are applying for a retail liquor license:a. Do you have anY-!jnanclallnterest, direct or Indirect, In any manufacturer or distributor of

alcohol? _Yes -yC.-No If yes, what and where: . ~~;:JZ~----

b. Does any person haVing a financial or ownership interest In a manufacturer or distributor ha~;e~inii'Fil~:t'11rr.--or potential claim upon your business or premises, for Instance through Investment, a loan, lease or contract?_Yes ~NO If yes, who? _

13. Have you ever had a warning, violation; suspension, fine, cancellation or refusal as a licensee or service permittee,In Oregon or any other state? _Yes ~NO If yes, when: where: _

I UNDERSTANDTHE OlCC WILL USE THE ABOVE INFORMATION TO CHECK FOR CRIMINAL RECORDS. I UNDERSTAND IFMY ANSWERS ARENO~O~E' TVLCC MAY DENY MY UCENSE APPUCATION. I IApplicant Signature: _ 04k . Date:.5 J ~9

·SOClAl SECURJTY NUMBER DISCLOSURE~ partof yourapplication for an initial or renewal Dcense, Federel and State laws require you toprovideyourSocial Security Number(SSN)10 the Oregon UquorControl CommissIon (OlCC) for child supportenforcement purposes (42 USC §666(a)(13) &ORS25.785). The OlCC will refusea license to anyapplicant or licensee who falls to provideh1s1her SSN. YourSSNwillbe usedonly for childsupport enforcement purposes unlessyou signbelow, ~

Based on our authority underORS471.311 and OAR845-005-0312(6), we are requesting yourvoluntary consent to useyourSSNfor thefollowing adminIstrative purposes only: to matchyour license application 10yourAlcohol ServerEducation records (where applicable), and toensure yourIdantity for criminal records checks. OlCC will notdenyyouany rtghts, benefits or prMlegesotherwise provided by lawIf youdo notconsent to useof yourSSN for these admlnlslrativ purposes SC § 552(a)). If you consenlto these uses,please signhe7:

Applicant SIgnature: ~ Date: 5'/1 dJiJCj

~~I~~~IUU I451001A1

l-BOO-452-0LCC (6522)www.oregon.govjolcc (rev. 12/07)

ATTACHMENT 1

A.."


INDIVIDUAL HISTORY

(last) ~ ,/ (ftP.Jt) . (middle)

2.", Other names used (malden, Qther): , ~, ' ~ . ' , ,

3. ResIdence Address: l(3(Jt1 IlL£' c5{.& C,,,.tlt, !&tJCO~ j ua " tnf!, . , (number. and street) '(city) ~ . (state) (ZIP code)

4. Home Ph'one:, 31ef2 ) y? 2 -2..3Q [) , BusinessPhone:', 501) 5~"l....qq7tJ '5••SSN:..-...__ ~I.:'.iBlrtII: doi1,r~ /U.5"_ D~L( I 30 tl%f'sex: M / F_' \ '~" ? "

, , ',...., CState!&untry) , (mm) • (dd) '(yyyy) ---'

6. Driver~ .or State' IP ~: ~ , 'state;~spouse's neme:' " ,

7.' List all sta~erthan Oregon, wh au have lived diJrln,to· , pt.

pLeASe PRINT OR TYPE " ," YOU MUST ANSWER ALa. QUE$TIONS ON THIS FORM. IP THIi! QUESTION'~ NOTAPPLY,

ATrACH ADD~O~AL SHE ~¥C~ARY.

Trade Na~e Cd.bla :,_-I.-u:r-......;;;..:::;,:......;:-J::.=::j~~=~....I....oI::...;;J",I:.=.:~~:::::l"""' _

1. Name::'__~'/~~~:L- J-J.~:L.....:~::- -l.~~:21li:;..!..::le:J..__

, "

8. '.00 you ~rreli~y hold, or ~ave you ever held a liquor lI'i=8"se ln'~If yes, when, where andname of premlses?:..=:u.~~u..d!!Jf...::U.tL!jUZ£~;[44Jt.L-+-.A.LfJ.U&UL_-.,_-

9. In the past tvklve years,,haVe you bee rivi!=ted of ilu violation,If yes, what, when and where?,or .,,' " , , . Y. ' .. ;"'l.,~ 11< ' .. w;o'

io, Have Y0l:' ever entered Into a dIversion 'agreement? _Yes U-,-No ' ~J,~jJ'~ t,Ot",'\C ..... If yes, when a~d where? . i ,~S~2/c\'\ ' 1}'1

11. Do ~ou have any anem or cltatlo.ns th~t have n~t been:resolved? _Yes~ "\\)~ \ a 1.'JIfyes, arrested/cited for: . ' Date ,. County/CTty/5tafE/ \' ~/. , ., ~~

ii, If you are ~p·plylng for a ratan ;I.~or licen~:' , . ' .. .. . . ~.~.. . i ->", .

a. Do you hav~ any fll}ilncl~1 tnterest, direct or Indlree:t,.1n any manufacturer or ~Sb1buw.'A\-ql\t\\.:·", · ., alCohol? _Yes ...lLNo If yes, what and where: .. , ~, .' .. ... . . .

b. Doesany personhaving a financial or ownership lntetest In a manufacturer 'or dlstrfbutx:lr have an Interest tn,or potential~Im upon your businessor premises, for Instance.through inyestmeh~ a loan; leaseor contract?,_Yes...JLNo IfVest.who? . . . '

13. H~e you ,ever had a warning, vl0l;t!on, suspensIon, f1ne~ cancellatl9(l or re(usal as a licenSee or seNt penni ,..in Oregon or any other sta:te? --\P'es ~o Ifyes, when: 7-=/14 '3 , where: -. - •

'. . . " l fMl!I1'//f?r A'~~/'Ir$~~A/.-.k",t;fItUJuu~. i UNDERSTAND THEOLCe WILL THEABOVE INFORMATION TO CHECK, FOR CRIMINAL REColUfs."'"x'UNDERSTARD IP

MY ANSWeRS ARE .NOT TRU MPI;.ET'E, THe OLe AY DENY MY UCENSE APPtlCATION.

Applicant Slgna~: Da1B: -FJ.il:l,,':ifl--:=:;;;""'t..=_~

(rev. 12107)1-800-452-0LCC (6522)

www,oregon.gov!olccIIIUlunl~·451001'A1

*SOCIAL SECURITY NUMBER DISC RENi part of yourappllcatfon for anInitial Df-'renewal Rcense,'Fec!eral and State laws require you10 .lIi'OVlde your SocIal Seeurl!y Number (SSN) 10 theOregon Uquo~trol COmmission (OlCC) for chlkS support enforcement purposes (42USC§886(8)(13) & ORS 25.786). The OlCC wm refuse a Rcense to'anyappIlcant or Ucensee who falls toprovide brslher SSN, Your SSN wDl beu$edonly ferchDd support !tnforcement purposes unlns you sign below. " ". '

BB~d on our. authority uild,",ORS 471.311 endOAR 84S-G05-0312(B), we ere'req~g yourvoluntaJy consent touseyour SSN for thefollowing administrative pulpOS8S only: to m Rcense .eppllcatlcn toyourAlcohol Server education reccrcl9 (where appllcable), encJ"loensure yourIdentity forcrimInal record ' • OLec WIIJ notqeny youanyrights, ben~ orprivilegeS otharwlse provIde'dby law If youdo notconsent to useof yourSSN for tratJve purposes (6 consent to these uses, please sl n,liars: •. '

Applicant Si9J:lature: ' ~. Date: 1£ l. to.

ATTACHMENT 1

8',. .•. .

'..OREGON LIQUOR CONTROL COMMISSION

STATEMENT OF FUNDING SOURCES

Please Print or Type

Each individual who invests money in this licensed business must complete this form fully andaccurately. This form will become part of your permanent file record. Information must be printedlegibly in dark ink, or typed.

Most people use some cash money to start or buy a business. Cash is used for things such as:• Advance rent payment; down payment on contracts• Buying inventory; putting cash into a corporation or LLC

You must disclose how much money you are using, and where you are getting the money.

What is the approximate total cash amount you will put into this business to buy it or start it up?Do not include amounts you will owe on contracts.

Cash total: $ LjJ POD· DO

Now, you must exactly identify each separate money source. For instance if a source is your bankaccount you must state the bank and the amount of money to be used from the account. If thesource is a loan you must state the amount of the loan and identify the lender.

Money Sources: .,fort.SL1W-} GAsIt S'fl--lJl rzjS 9?y?' $ 7oW . 0 0

Bof2tolJkJd ~rn ~eJ2- - 11- Lrrw $ OJDco . D0

BDI2.,?'DlJJPd -r~~6~~ Bft1fr~'IJ: $ d.5)ooo. DO

SWORN STATEMENT: I understand the above information is material to my license application. Iswear the above information is true, accurate and complete. I understand that the Oregon LiquorControl Commission may require me to give proof of the above information. I understand that if theabove information is not true, is not accurate or is not complete the liquor commission may prosecuteme criminally for False Swearing under ORS 162.075, and may refuse to grant my license applicationor if the license is granted may act to revoke my license based on false sworn statement.

Trade Name (d.b.a.) fA+ 0Jq.e.,)t.s Stt-Joon City A{2..+i ftnJPrinted Name Sh-ef2.,1..j L'~Signature ~(2tL e:P, Date: 5111()~_

1·800·452·0LCC (6522)www.oregon.gov/olcc (rev. 12/07)

ATTACHMENT 1

HUE

- ASE - BUSlH!U!!l'ROPERTY. OR 9l'206

THIS INDENTURE OF LEASE, entered into this ~~ 9.~ ~p:~.. .?!~.. day of ~~ ,209.~_ ,between _ ..................J...A..~00Q»...~.QRl.QMl'.19N~ Qn...Q.f.~g9.JL~.9.J:l?Q1:A!t.Qn ~JA~ .•l'1.c;.~!l.~~..;t1:.~ftl ..~.~~.'ll:~~..~.:rQ~~~ !.~ ....~.8~!1:t..9.~..J:9:~ 9.~~~'- '- ..JP.~!!':~~.:r 9.f wb.;l;h ~§••.'-;J, f#Q••!L..U,~.~mil.~~ 1:.~.Dl ..~.~~lA~.~ ..g.r.Q.~~~ .hereinafter called the lessor, and .

:::=::::::=:::~~f:~~~K~:~:::y;.:~~:::~~::9:~~&Q~:::fi~i~~:~~:ii~b!Iiiy.::s:Q~.P.~:~Y:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.............................................................................................................._ , hereinafter called the lessee,

WITNESSETH: In consideration of the covenants herein, the lessor hereby leases unto the lessee thosecertain premises, as is, situated in the City of J~g~JJ~~~ , County 01 ~~tl.!:~9.~~.I] and Stateof 9.~~9.'?: , hereinafter called the premises, described as follows:

Commercial space consisting of approximately 7,900 square feet, more or

less situated on approximately 18,000 square feet of land commonly known as:

3390 HE Sandy Blvd, Portland, Oregon 97232 together With approximately an

additional 10,000 square feet of land, more or less, parking lot located on

the north side of Sandy Blvd. just east of 3345 NE Wasco Street, and

Together with all that certain personal property as listed on attached

Exhibi t uBrI•

To Have and to Hold the Dremises commencinp with the 7tll day of May , ~.9.~2and endin~ at midniAht on the ~~h I day of ~!-!&H~.~ , .?QJ~ for a rental 01 $..'-~ ~.~~9.W ..for the whole term, which lessee agrees to pay, at }~ ~~ ..~.~~ ~y.~~~~ ,C · I Portland S f oreaoo h f II . ti d i hill' t t it:Ity 0 , tate 0 b; , at teo oWing Imes an In teo owmg amoun s, O-WI .

$ 7,000 upon execution hereof as a deposit securing lessee's obligations under thislease; said deposit shall be non-interest bearing and may be comingled withother funds of lessor; the balance of said deposit if any, shall be returnedto lessee within thrity (30) days after vacation of the premises in accordancethe terms of this lease.

$ 7,000 on the 7th of every month commencing Augus"t 7, 2009 through July 7, 2012.

$ 500 late fee 'if rent is not received by Lessor by the 12th of the mo~th it's due.

Lessee (but not the Lessor) has the right to terminate this lease by giving Lessor

Dot less than thirty (30) days written notice on or before November ~ 2~09 provided

Lessee has not been able to obtain a license from Oregon Liquor Control Commission.

In consideration of the leasinA of the premises and of the mutual agreements herein contained, the partiesaAree as lollows:

L.:::========-=-_==_=_=_._~,;_-. -_ .__._ - -- ._._. -_..- ---.- ----:-:"==~~====~==::::J

ATTACHMENT 1

(1) TM le_e accepts this lettin4 and qTees to pay to the oTdeT 01 the le:l5or tho monthly rentals above stated for tholull term of this loale, in advance, at the times and in the manneT aloTesaid.

LESSEE'SAC{:BPTANCEOF LEASE

USE OFPREHlSES

(2a) The 1_ ahaIl use the pTeaU"" durin, the term 01 this letl", for the conduct ot the tollowin, busine:l5:

.~~~!~.9.~.~.!t~_..~~~_J!?~.gg~.I._,.!.~9.hQ.l...§§,!~.§...~.U.9W.eQ.;. ...O.l:.e&QJ1...1.Q.tte.J:y..giuue.~All.ow~d .;...!.!.'Y.~..!!H!...!~£.C?!!1-.~.9 m!!~.;.~...~U.Q~~~";..;.~.n.g...~!l.Jt~~.~ ...p.~"f.~.;~~~~ ....1;.Q••.~h~._.Qp.~r.'.;!9~..!.h~!~.QJ._.~.Q!.~.h ......~.!.!: !~g!!~ .: _~.~ :. ::::::::::::::::::::::=::::7.'::::-and for no other purpOlle whatsoever without leaor', written consont.

(2b) The le_ will not mlIke any unl"wful, improper or ollensive use 01 the proaU_: tM lesseo will not suller any 'trip or wastetMreof: the loaaeo w/ll not peraUt any objectionable noile or odor to escape or to be eaUtted lrom the premi,e, or do anythln4 or permitanythin, to be done upon or .about the premlaos in any way tending to create a nuisance; tM le_e will not Mil or permit to be IIOld lUIyproduct, subst/UllCO or service upon or about the pTemises, ezceptinll such as lossee may be licenMd by law to aoll and aa may be hereinO%prelll1y permitted.

(2c) The lessee will not allow the premiBBs at any time to fall into /filch a state of repair or disorder as to increase the fire hallardthereon: the lesseo will not install any power machinery on tho premises ezcapt undor tho suporvision and with writton consent 01 tho lessor,'the 100IIOe will not IJtore Sa,aline or other hi(Jhly combulJtible materials on the premlBBs at any timo; tho lesMe will not UIO tho premises insuch a way or for .,ch a purpose that the fire insurance rate on the impTovementlJ on the premJlOlJ ill thereby increalJed or that wouldprevent tho leasor from takill/l advanta8e 01 any rulill4s of any ageneY of the IJtate in which the premiseII are situated, or which wouldallow tM leaor to obtain reduced premium rat". lor 101l/l term fire iNurance policies.

(24) Tho lell108 shall comply at losseo's own ezponse with all laws and re~u/ations of any municipal, county, IJtate. federal or otherpublic authority rospectill/l tho Ule 0/ tho premises. These include. without limitatiOll, all lawlI, regulations and ordinances pertaininA toAir and wator quality, Huardous Materials l1li herein defined, waste dispoaal. ail emJaions, and othor environmental matters. As usedherein, H_dous Material means any h_dous or to:cia substance, material, or waste, includill4 but not limited to those .,bstances,materials, and waste lilted in the U.S. Department of Transportation Hazardous Materials Table or by tho U.s. Environmental ProtectionAgency &II haardous IIlIbatancell and amendment' thoreto, petroleum products, or .,ch other substances, materials, and waste that are orbecome regulated under any applicable local, state, or federal law.

(2e) The 10_ mall rollularly o«upyand use the prem/lOs lor the conduct of le/llJeO" ,businoStl,and shall not abandon or vacete thepreaU_ lor more than tan days without written approval ot lessor.

(21) lA_ shall not cau18 or permit any Hasardous Material to be brought upon, kept or used in or about the premllJes bylessee, its agont., employees, contractors, or Invitees without the pTior written consent 01 le"or, which COnBBnt will not be unreallOnablywithheld 50 lont aIJ leSBOo demonstrates to lessor's realJOnab/e satis/action that such Ha~ardous Material ilJ necessary or uselul to leaee'sbusine:lll and will be ulOd, kept, and stored in a manner that will comply at all times with all laws rellu/atint any such Huardous Materialso brought upon or ulJOd or kopt on or about the premises.

UTILITIES (3) The lUSH shall pay for all heat, light, water, power, and other servicea or utilities used in tho premises durinll theterm of this lell.$O.

REPAIRS AND (4a) TM lelJ30r shall not be required to mlIke any repairsi alteratioM,addltions or improvements to or upon tho premWPROVEMBNTS llOs during the term of thilJ leaso, e:ccept only those hereinafter specifically provl'ded tor; the le'lOe hereby agrees tomaintain and keep the preaUlOs, including all interior and e:cterior walls and doors, hoatinll, ventJIatlnll and cooling systems, interior wirin"piumbitl/f and drain pipe, to sowers or _ptic tank, in ,ood order and repair during the entl're term 01 this lease, at Ie_'s own cost andezpenlO, and to replace all g/aas which may be broken or dama/lOd during the torm hereol in the windows and doors of tho premises withIIlass of as 400dor better quality as that now in UtlO: it ilJ-iurther atJreed thot the leSlOe wl/J make no alterations, additions or improvementsto or upon the premJsos without the writton consent of the lessor first beiD/1 obtained.

(4b) The lesllor agreelJ to make all necelJBary structural repairs to the buildinA, includinA ederior walls, foundation, rool, ptters anddOWMPOUtll, and tho abuttinlJ sidewalks. The lessor reserves and at any and all- times shall have the ri~ht to alter, repair or improve thebuilding of which tho premises are a part, or to add thereto, and for that purpolSfl .t any time atQJI erect scallolding and all othor necessarystructure, lIbout and upon tM premitlOs and le:l5or 'and lessor's representatives, contractors and workers for that purpose may enter in orabout the Promise/! with ,uch materlala as l8IJBor may deem neeo&aary therelor, and le_e waives any claim to daatQlles, includinll lou otbusiM. resulti", tMrefrom.

L~S~R~~ (5) It shall be Illw/ul for the IOllSOr, the leaor's at1ents and reprelOntatives, at any reallOnab/e timo to enter into or upon~y tho premiSOll for the pIlTpOBB of ezaminitJ4 into the condition thereof, or for any other lawlul pur]X»O.

RIGHT OP (6) TM I_e will not assign, trans/or, pledge, hypothecete, sunendor or dispoH of this lell3e, or any interest herein,ASSIGNMENT IIlIblet, or peraUt any othor person or persons whomsoever to o«upy tho premilOs without the written consont of the

lessor beJn4 flnt obtained in wrJtill4; this 1_ is personal to I~: I_e's interest" in whole or in part, cannot besold, aai~ntlCI, traNlerred, soilled or taken by operation at law, or under or by virtue of any ezocutlon or leg.1 procesa, att.cJunent or proceGdill/l' ilJ4tituted aSaiMt tho le_e, or under or by virtue 0/ any bankruptcy or iruolveneY proceedinlls had in regard to the leuee, or inany other manner, e:coopt 4IS above mentiotllld.

LIENS

ICE. SNOW,DEBRIS

(7) Tho leNee wIll not permit any lien ol any kind, type or description to be placed or imposed upon tho improvementsin which tho premilOS aTe lIituated, or any part theroof, or the land on which they stand.

(8) 11 the premises are located at street level, then at 1111 times le_ shall keep the sidewalks in Iront of the premisesfree and clear 01 ice, anow, rubbish, debris and obstruction: and if the lessee occupies the entire building, tho leuee willnot permit rubbish, debris , ice or snow to accumulate on the rool of the building so as to stop up or obstruct Ilutters or

downspouts or CIIIlIO, dema/lO to the rool, and will savo harmless and protect the lessor a~ainst any Injury whether to le:l5or or to le"or':sproperty or to any other person or property caused by lessee'll failure in that rellard.

OVE1LOADING (9) The lessee will not overload th8 /I00t1l 01 the prem/solJ in such a WilY M to cause any undue or serious stress orOF LOOKS IItraln upon the building in which the preznJlOS are located, or any part thereol, and the lellSOr shall have the right, at

any time, to call upon any competent enAineer or architect whom the leNor may choose, to decide whether or not thofloors 01 the preaUsoll, or any part thereof, lite bein, overloaded so liS to caUIe any undue or IOrious stress or strAin on the buildin4, or anypart thoreo/, and the dec/sion 0/ the engineer or architect shall be final and binding upon the lellsee,' and in the event that it is theopinion 01 the ensineer or architect that the streas or strain is wch as to endlJll4er or injure the buildinA, or any part thereol, then andin that event the 10:1500 a~ree5 immediately to relieve tho Iltress or strain, either by reinlorcins the building or by Illlhtenif)J1 the load whichcauae, ~cb alrellJ or ,train, in a' manner satislactory to the 1001IOr.

t£~~TISING (10) The Ie,. will not use tho outside walls 01 the premi80I, or allow si~ru or devices of any kind to be attachedthereto or auspended therefrom, lor advertisin4 or dillplayinA tho nome or bUlline.. 01 the lessee or for any purposewhatsoever without the written conllOnt of the leStlOr: however, tho lessee may make ulle 01 the windows of the premises

to dilJplay le.-', name and bu:slne:15 when the workmanship 0/ such signs llhall be 01 good quality and permanent naturo: provided lurtherthat the le_ may not ,uspend or place within lJaid windows or paint thereon lIllY banners, sigM, silln-board, or other devices in violationot the intent and meanin, 01 thilJ soction. Lessor hereby approves any signage allowed by the City of

Portland and the Oregon Liqunr Commission. ~. ~

ATTACHMENT 1

(14) /n the ovent 01 the de4truction 01 the improvoments in which tha premises /11'0 located by liro or othol' ca/IUalty.oithel' PlUty hereto may tenn/nato this loase a:I 01 the date 01 ilre or callUaity. provided. howevor, that in the ovent

premises "AS-IS" with all defects based upon lessee'sthe premises and not in reliance upon any representa-

Lessee accepts theown inspections oftion from lessor.

(19)

LIABILITY (11) At all timell durinll the term haroo/. the lessee wll], .t the lelSllee's own expense, keep in ellect and deliver to theINSUIlANCE lessor liability insurance policies in lorm. and with an insure«, /IIItis/actory to the les5Ol'. Such policios IIhall in/IUro bothtM lessor and the le_ allainst all liability lor damage to persons or property in. upon, 01' about the premises. Said insuranceshall include liquor liability. The amount of such iasurance shall not be less than

_ . • ..... a combined

slnllio limit 01 not 1_ than $ .1 0.00.•000 /t shall be the rOllponslbility 01 lessor to purchalUl casualty inllJtllnce withoxtended covor",o 10 as to iruuro any .trucwre on the promises allainllt damap caused by liro or the olloctll 01 lire (Imoko. heat, moans01 elltln,uilJhmont. otc.), or any other moans 01 loss. /t shall be tho rOllponsibility 01 tho lessoo to insuro all 01 tho lOll_'ll belon41in41 upontho Pl'omJ_. 01 what_ver naturo. allainst tho same. With rospoct to thollO policiOll. 10_ IIhall cause tho 101l1l0r to be named as an addi.tional insul'ed PlIrty. LoIINe ollroo, to and shall indemnity and hold lenor harmless allainst any and all claims and demands arisin4 Iromtho ne,li,once 01 tho 101lII04I, lo_o's ollicors, a,ents. invitees and/or employoea• .. woll .. those arillin, Irom 10S500" lai/ure to complywith ItIrY covenant 01 thill loase on I_'s part to be perlormed, /lnd shall at Ie_'s own expense de/end the lessor allainst any and /III.wts 01' actions arisln4 out o~ ISUch nollipnce, actual or allolled, and all appeals tharelrom and shall satisly and discharge any jud,mentwhich rnay be awarded a'a/nat lessor in any such suit or action. Owner and owner I s agent shall be named insureds.FIXTURES 0') All partitions, plumbing. olectrical wirind. additions to or improvomentll upon the premises, whothor installod bytho 10UOl' or 1_0, aluJJl be and become a PlUt 01 the builditll1 in which the premises are located as :roon as installed and tho propel'ty 01tho 10IIII01' un/o. otherwise IMI'o/n provided.

LIGHT (13) Thi' loase doe. not I1rant any ril1ht. 01 aeee. to lillht and air over the promises or any adjacent property.AND AJ1l

DAHAGE BYCASUAl-TY,FIRE ANDDUTY TO • f41:+yREPAIR 01 damage to tho ImprovemtJnt! by 1,,0 or othor casualty to the extent 01 +.-.f:.,. pel' cant or mote 01 tho IOUndvaluo theroo/, the le.ol' mayor may not elect to repalr the same; written notlc« 01 lessor 's e/oction shall be given 10_ within Jjltoendays alter the occurrence 01 the dlUllllgo; iI notice is not so lIiven. Iouor cone/ullivo/y Iha/l be doomed to havo olectod not to ropair; in theevont I_r eJoct. not to ropalr. thon IUld in that e"ent this 'oase shall terminato with the date 01 the damage; but 11 the improvomentsIn which the promises /11'0 located be but pIII'tially dOlltroyed and tho damatlo !O occasioned shall not amount to the extent indicatod above,or II groatel' than said 011 tent and lesllor ./ects to repair. as aforesaid, thon the lessor shall ropair the same with all convoniont speed andshall havo the right to tako pculIIOssJon 01 and occupy, to tho oxc/ullion 01 tho lessee. all or any part theroot in order to make the necassar)'ropalrs, and the lessoo herobya/1roe. to vacate upon roquellt. all or any part thereol which tho lossor may require lor the purpose 01 makingnecaslIlJry ropairs. lind 101' the period 01 timo between the day 01 /lUch damage and until such repair! havo been /lUbstantiaily complotodthoro shall be such an abatement 01 ront as tho nature 01 tho injury or damago and its interJerenco with tho occupancy 01 the premises bythe le_ Iha/l wal'rant: howevel'. il tho premise. be but slightly injured and the damage so occasioned shall not cause any matorial interloronce with tho occupation 01 the premises by leSJee. then there shall bo no abatoment 01 ront and tho 'ossor shall ropail' tho damallowith all convonlont speed.

ruA.~:~A~foN (15) No/ther tho lossor nor tho lellSftO shall be Iiablo to tho other lor loss arisl"ll out 01 damalJe to or dostruction 01IUGOTS tho promises, 01' tho build/nil or improvement 01 which tho premi:ros er« a part or with which thoy aro connected, or

tho contents 01 any thorool. whon IlUch loss is causod by any 01 the perils which aro or could be includod within or in/lUrod a/1ainst by a standard lorm 01 ilr« insurance with oxtended coverallo, including spl'inkler leakal/ll insurance. II any. All /lUch claim!lor any and all loss, howevor caused. horoby aro waived. Such absenca 01 liability shall oxillt whethor or not tho damage or destruction iscaused by the nolll/gonca 01 either lessor or lessee or by any 01 their respective agents. lervants or employoos. It is tho intention and allroement 01 tho 10lsor and tha lessee that the rentals reserved by this lease havo belln tixed' In contemplation that both pal'tioll IhaIJ lullyprovide tho/r own insurance protection at their own expense. and that both parties shall look to their respectivo JnllUrance carriers lorreimbursement 01 any IfIlch lOIS. and turther, that tho insuranca carriers involved shall not be entitled to IlUbrol/ation under any circum.tances a/lainst any party to this loaso, Neither the lessor nor the lessee shall have any interest or claim in tho othor's insuranca policy orpolicies, or the procads thol'Ool, unles. specillcally covered therein as a joint assured.

EMINENT (16) In case 01 tho condomnation or purchaso 01 all or any /lUbstantiai part 01 the premi5fls by IIny public or privateDOMAIN corporation with tho power 01 CDnClemnation this lease may be tel'minatod, oJloctive on the date possesllion ;, takon, byeithor party hereto on writton notice to the othor and in that case the lesseo shall not be liable lor any rent altor the termination dato.Lassoo a1IaIl not be entitled to and horeby olCpressly waives any ril1ht to any part of the condemnation award or purcha!o price,

F~'t SALE (17) During tho period 01 .......P.J.,.~.~.ty.... days prior to the date above lixed lor the termination 01 thill lease. the lossor:OR RENT herein mllY post on the premises or in tho windows thereol si~ns 01 moderate size notilying tho public that tho premisesSIGNS /11'0 "lor sale" or "lor lease,"

DELIVERING UPPRBMISES ONTEJUIINATION

(18) At the oxpiration 01 the loaso term or upon any sooner tormination therool. tho lessee wili quit and deliver upthe promiAs and alliuture orections or additionll to or upon the same, broom-cloan. to tho leslor or those havinlliessor'solltato In the premisos. peaceably, quietly. and in os tlood ordor and condition, reallonable UfO and wear thereol, dama~o

by liro. unavoidable casualty and the e/omont. alono exceptod. as tho samo are now in or horoaltor may bo put in by tho lossor.

ADDITIONALCOVBN.ulTSOREXCEPTIONS

(20) See paragraphs on attached Exhibit "A" which by this reference are incorporated herein.

ATTACHMENT 1

ATTACBMENT ,., PR'OVIDED: ALWA).S. and'these prosents ~k&i;'iUJ these'coiJdiiion~. that (1) u th~ ieslee JS~lIll be' In IUreAl'S In theB~~.fnt':T payniont o/lrent,tor·.,. ·perlod- ot··ten daYII·atter the samo becomoll duo, or (2) it tho I05lee U1all tall or nellect to pertorm

or observe any at tho covenants and agreement.s contained heroin on les.soe's pIIrt to be dono. kept, perlormed and observed and /lUch delault shall continue tor ten days or more attttr written notice 01 such lai/ure or nogloct &hallbe #liven

to lessee. or (3) it the lessoo &hall bo declared bankrupt or insolvent accordinll to law. or (4) it any anitlnment ot lellSOe's property .hall bemade tor the benefit 01 crodltors. or (5) Ii on the expiration 01 this lease lessee lai/s to surrender possasaion 01 the premi.es. the leuor ortho", havill/f lessor's est.te in the premises. may terminate this lease and, lawlully. at lessor's option immediately or at any time therealter.without demand or notice. enter into and upon the premises and every part thereol and roposses the same, and expel lessee and thoseclaiming by, throulh and under le_ and remove lessee's el/ects at 10llllOe's expen.so, lorcibly it nece.ssary and store the same, all withoutbeitJ4 deemed ,uilty 01 trespass and without prejudice to any remedy which otherwise might be used lor arrean 01 rent or precedin,breach 01 covenant.

Neither the termination 01 this lease by lorleiture nor the taking or recovery 01 polltJession 01 the premi•• •hall dttprive lessor 01any other actJon, ridht. or remedy al1ain.t lttaee tor possewon, rent or damages, nor &hall any omission by leSlor to en/orce any lor/eiture,right or remedy to which leSlOr may be entitled be doemed a waiver by lossor 01 the rll1ht to enlorce the per/ormanctt 01 all terms andconditions 01 this leaae by I_e.

In the event at any re-entry by leuor. lessor may lelUe or relet the prttmises in whole or in part to any tenant or tenants who meybe satisfactory to lessor, lor any duration. and lor the best rent. terms and conditions aa lessor may reasonably obtain. Leuor shall applythe rent received Irom any mch tenant tint to the cost 01 retakitJ4 and reletting the premisell. including remoclelill/f required to obtain anysuch tanent. and then to any IUrears 01 rent and iuture rent payable under thill lease and any other damal1o.s to which leSlOr may be entitledhereunder.

Any property which lellllOO leaves on the premises alter abandonment or expiration 01 the leallO, or lor more than ten daYIl alter anytermination 01 tho lease by landlord. shall be deemed to have been abandoned. and leSlOr may remove and sell the property at public orprivate salo AS losllor seell lit. without beilll1 liable lor any prosecution therelor or lor damal1es by re'lson thereo/. and the net proceeds 01any such sale aJuUI be applied toward the OlIpenses 01 landlord 'Ind rent as alorOllaid. and the balance 01 IUch amounts, it any. &hall beheld lor IUlCI pIIid to the lelseo.

BOLDING In the ovent the lessee lor any reason shall hold over alter the expiration 01 this lease. IIUch holdill/f over IIhaJl not beOVER deear«l to operate all Ii renewal or extension 01 this lease, but shall only create II tenancy at /lUl/erance which maybe terminated at will at any timo by the lellSOr.

ATTORNEYFBES ANDCOURT COSTS

In caso suit or action is instituted to en/orce compliance with any 01 the · terms, covenants or conditionll 01 this lease.or to collect the rental which mill' become due hereunder. or any portion thereat, tho lOS/lid party agree. to pay the prev'll1ltl8 pllrty's relllOnablo attorney teell incurred throutlhout such proceedinl1, includint1 at trial. on appaa/. and tor POllt·judl1ment collection. The lellsee aArees to pay and dillChiu8e all lellsor's costs lind oxpenses, includilll1lellor's reasonable

attornoy'll lees that shall ar;,o Irom en/orcing any provision or covenants 01 tbl« lease even thoul1h no suit or action ;s instituted.Should the lessee be or become tho debtor in any bankruptcy proceedinl1. voluntarily. involuntarily or otherwise. either durlnA the

period this lease III in ellect or while there exislll any outstanding obli(jation 01 the- lesllee created by thill lease in lavor 01 the 18II8Or. thele_ aArees to pay the lessor's rellllonable attorney lees and eesrs which the lessor may ineur as the result 01 lellor'lI participation in$Uch bankruptcy proceedin,s. It i. understood and agreed by both parties that applicable lederal bankruptcy law or rules 01 proceduremay alfect. alter. reduce or nullity tha attorney tee and cost awards mentioned in the preceding sentence.

WAIVER Any waiver by th" lonor 01 any breach 01 any covenant herein contained to be kept and petlorated by the lessee shallnot be deemed or considered as a continuin(j waiver. and shall not operate to bar or prevent the leSlOr Irom dec1arin(j

a lotlelture lor any IlUcceedlntJ breach. oither 01 the same condition or covenant or otherwise.

NOTICES Any notice required by the terms 01 this lease to be ,iven by one party hereto to the other or desired so to be ,iven.shall be sullicient it in writint1, contained in a sealed envelope. and sent lint CIIlSIl mail, with po.stal1e lully prepaid. and

11 intended lot' t1l# lessor herein. then it addressed to the lellsor at _ _ ..

.._......_...~.3. ...S.W...3r.4...Ay.e.J),y.e.,. ...f9.~.1;1~g.4.,._ ..Q;J;.~,gg~...9.Z~.09. ~ :· ~.:and it intended lor the le55ee. then it addressed to the

1_ at 3.3.9.0 NE S.aJI.~ht ..B.l.y.d., .,. r.9.l:".t .l~J.:\4.1 Qx:~,g9.'g. 9.Z~.J.~ Any suchnotice shall be deemed condusivoly to have been delivered to the addre~e torty-eight hour. alter the deposit thereot in the U.S. Mail.

~~N~ND All ril1ht., remedies and liabilitiell horein given to or imPOlled upon either 01 the pllrties hereto &hall extend to, inureto the benelit ot and bind. as the circumstances may require, tho heirs••ucceSlOrs, personal representatives and 1I0 tar

u this leallO is assignable by the terms hereo/. to the assigns 01 such partiell.In construin, thill lellllO. it Is undeutood that the lessor or the lessee may be more than one person; that iI the context so requires,

the ai~ular pronoun &hall be taken to mean and include the plur.l. and that l1enelally'all ttramma;icalc'hanllttB shall be made. assumedand implied to meke the provisions hereol apply equally to corporations and to individuals.

.. : l

IN WITNESS WHEREOF, the parties have executed this Jease on the day and year first hereinabove written,any corpo~l1~ion sig1tature beinA by' ~utho(ity QI its Board .q! pir9~tors.

..........~J..A..At!!9~ ~g.rp&: .

..Jb·.L...... .~ ~fli. .....I ?!.~~J:~~nI .Jim Atwood

............ ................................................................._ _ .

................If\l..J.i;l.~~.~.~_.~~~ .

.. ~y.~.J~ ~ .\ ~~.~~g!9.g ..~~~~erSherri L. Doss,

The pUblisher allongly recommends that both the lessor and the lessee become famlllar with the Americans with Disabilities Act 011990, Public Laws 101·336. The Act may Impose certaIn duties and responslbllltles upon either or both parties to this lease. Theseduties and responsibilities may InclUde but not be limited to the removal 01 certain architectural barrIers and ensuring that disabledpersons are not denIed the opportunity to benefll from the same goods and services as those available to persons without disabilities. Under the Act. prohibition against discrimination applies to any person who Is the owner, operator, lessor, or lessee 01 a place01 public accommodation.

ATTACHMENT 1

EXIDBIT ItAtt 'Y'A LEASE DATED AS OF MAY 1, ~ - "Il .BETWEEN

J A Atwood Corporation, an Oregon corporation, Lessor andFat Jack's LLC, an Oregon limited liability company, Lessee.

(21) Taxesand Insurance. As additionalrent hereunder, on the seventh ofeverymonth conunencingAugust 7, 2009 Lessee shall pay 1I12th of the most recent annual property taxes and casualty insurancepremium.

(22) Early Possession. Lessee shall be entitled to possession upon execution of this lease andobtainingproof of lessee's insurance in accordance with paragraph (11) of this lease. In particular, both J AAtwoodCorporation and EI Poncho'sLLC must be named as additional insureds.

(22) Attornment. In the event ofa sale of the propertyon which the demised premisesare situated,Lessor shall have the right to assign its interest in this lease and shall transfer the security deposit to thepurchaserto be held under the terms of this lease. Lessor shall thereuponbe released from all liability underthis lease; particularly for the returnofthe securitydeposit. Lessee agrees to look solelyto the new Lessorforthe return of the securitydeposit.

(23) Subordination. This lease shall be subject to and subordinateto any bona fide mortgages, deedsof trust, or land sale contracts (hereafter collectively referred to as "encumbrance") now existing against thepremises. At Lessor's option this lease shall be subject to and subordinate to any future encumbrance hereafterplaced against the premises (including underlying land) or any modifications of existing encumbrance, andLessee shall execute such document(s) as may be reasonably requested by Lessor or the holder of theencumbrance to evidence this subordination.

(24) Estoppels. Eitherpartywill within 10daysafternoticefromtheother execute,acknowledge anddeliverto the otherpartya certificatecertifyingwhetheror not this lease has been modifiedand is in full forceand effect; whetherthere are any modificationsor alleged breaches by the other party; the dates to whichrenthas beenpaid in advance,and the amountofanysecuritydepositor prepaidrent; and anyother facts reasonablyrequested. Failuretodeliverthecertificatewithin thespecifiedtimeshall be conclusiveuponthepartyof whomthe certificate was requested that the lease is in full force and effect and has not been modified except as hasbeen represented by the party requestingthe certificate. If requestedby the holder ofany encumbrance, or anyground lessor, Lesseewill agree to give such holder or lessor noticeofand an opportunityto cure any defaultby Lessor under this lease.

(25) Signatures. Each individual signing this lease warrants helshe has authority to bind therespective entity.

(26) Arbitration. In the event ofany dispute other than the non-paymentofrent between LessorandLesseerelativeto the provisionsofthis lease,LessorandLesseeagreea single arbitratorshallbeselectedwithintwenty(20) days following said dispute as evidenced in writing by one of the parties. Upon the failure of theparties to agreeon a single arbitratorwithin the aforementioned 20 day period, each party shall select a singlearbitratorwithinan additional ten (10) days. The failure of either party to select an arbitrator shall be deemedconclusiveevidence of the approval ofthe arbitratorselectedbythe otherparty. The two arbitrators so selectedshallselecta thirdarbitratorwithinan additionalfifteen(15) dayswhoshalldecide thecase byhim/herself. Thearbitration shall occur within an additional forty-five (45) days after the arbitrator is selected.The decision ofthe single arbitratorshall be final and binding upon both parties. The parties to the arbitrationshall bear theirown attorneyfees and incidental costs incurred in connectionwith such arbitration and shall share equallythejoint costs and expensesof the arbitration, includingthe costs of all arbitrators.

PageOneof Two ~ -®

ATTACHMENT 1

(27) Music Volume. All music shall not exceed a volume which deprives residents of homes oroccupants ofcommercial spacesadjoining or nearthepremises demised hereinofresidentially orcommerciallyreasonable quiet enjoyment of their respective spaces.

(28) Alcohol. Lessor gives Lessee conditional permission to sell hard liquor, wine, commerciallypackaged beer, and draft beer for consumption ON premises (including outside tables and outside specialevents).

(29) EarlyTermination. In the event ofa bonafideplanned demolition or substantial remodeling ofthe entire building in which the demised premisesare situated is anticipated, Lessorshall have the option toterminate this leasepriorto theexpiration ofanyextended termbygivingwritten noticeto Lessee not lessthan120days prior to the effectivedate of such early termination. In any event, such early termination may notbecome effective prior to August31, 2010.

(30) Hazardous Materials. Lessee shall indemnify, defend, and hold Lessor harmless from anyHazardous Material or any other environmental liability whatsoever associated with the premises caused byLessee or its agents, employees, contractors, or invitees. And, furthermore, Lessee agrees to payall costs ofremoval of such Hazardous Material as may be required due to the conduct of Lessee's remodeling of thepremises for Lessee's planned business activities. If any non-friable asbestos is found, Lessee agrees not todisturb it.

(31) RoofAccess. Lessee shallhaveaccess to therooffromtimeto timeonlyas reasonably necessaryto maintain Lessor's heating, ventilation and coolingequipment. Lessee shall takeall reasonable precautionsso as not to cause any damage to the roof and shall be responsible for all roof damage caused by Lessee, itsagents, employees, contractors, or invitees.

(32) Inventory. When open,Lessee shall continuously carry and offerfor sale at all timesa full andcomplete stock offood and beverages appropriate for the timeofdayandshall maintain adequate personnel forthe efficient servicing and security of its customers. Lessee shall use best efforts to operate the businessconducted on the premises in a diligent manner that will produce the maximum volume of grosssales.

(33) Assignment. In the event of each assignment of Lessee's interest herein with the approval ofLessor, lessee shall pay to lessor the sum of $1,000.00 as a fee to Lessor's agent for processing suchassignment, if any.

(34) Lessee's FirstOption to Extend. If lessee is not thenin default, Lessee shall have the option toextend this lease for threeadditional years August7, 2012through August 6, 20IS) by givingwritten notice toLessor together with a check for $1,500additional security deposit on or before February I, 2012. The sameterms and conditions shall applyexcept that the monthly baserental shall be $8,500.00 per month..

(35) Lessee's Second Option to Extend. If Lessee is not then indefault, Lessee shall have the optiontoextend thislease for threeadditional years (August 7, 2015through August6, 2018) bygivingwritten noticetogether witha checkfor$1,500additional security depositto Lessor on or before February 1,2015. The sameterms and conditions shall applyexceptthat the monthly base rental shall be $10,000.00 per month.

Page Two ofTwo

PresidentA Atwood Corporation

~~.~ Managing Memberfor at Jack'sLLC

ATTACHMENT 1

8'. ,. .•. ...


WRITTEN PROPOSAL FOR AFULL ON-PREMISES SALES LICENSECOMMERCIAL ESTABLISHMENT

Please Print or Type

Trade Na~e (dba):;J

City: DW rtlL

LI "'--11\/11 I.!.lIT 0 tl>=1_L:5=------'=...;..L....:.....- _

READ OAR 845-006·0460 (on back)

I have read the Oregon Liquor Control Commission's food service rule for commercial establishments, OAR 845-006-0460. I understand the requirements of the rule. I understand that I mustoperate my business according to those requirements.

I will offer at least five distinctly different rpgular meals durin,g. my dinner meal period._~y dinner meal period will be from (j) PM to '1 PM.~My menu for this meal period is attached.

~II other times alcohol service is available, I will make at least five different substantial food items

s h as appetizers, sandwiches, soups. hamburgers. hot dogs. sausages available to my patrons.My menu for minimum food Items is attached.

Not counting any seating ttanquet or meeting rooms or similar "occasional use" rooms, my totalind60r seating will be '() seats.dYi have attached a floor plan showing rooms and tables.

During my required meal period I will have dining seating at tables for at least f~patrons. This seating will be at tables that meet the table size requirements of OAR 845-006-0460.

I will keep a kitchen area with equipment and food supplies adequate to prepare. cook and servefood as I have proposed here.

I will have a cook on duty during my required meal period. During that meal period the cook willnot do work prohibited by OAR 845-006-0460.

I understand that OAR 845-006-0466(3) requires that I make food service menus available topatrons.

I understand that if my answers are not true and complete, the OlCC may deny my license application.

Signature ~fU... g. OG4-~ Date &/")/~q

1-800-452-0LCC (6522)www.oregon.gov/olcc

(rev. 12107)

ATTACHMENT 1

Fat Jacks SaloonMenuStarters

Sampler*, veggie spring rolls, potato skins, cheesequesadillas, wings, and chicken tenders 13.95

Chicken Wings* 8 wings tossed in hot, mild, or BBQ8.95

Chicken Tenders* 4breaded tenderloins 7.50Vegetable Spring Rolls 3 rolls with duck sauce 6.50

Soup and Salads

Chicken Noodle with all the trimming*

Chopped mixed saladCaesarChicken, Beef or Seafood* add 9.95

ATTACHMENT 1

BurgersAll burgers are a half pound of Certified Angus Beefwith your choice of fries or chips

Cheese Burger* with your choice ofAmerican,"cheddar, provolone, Swiss, or pepper jack 7.95

Fat Burger* grilled onions, mushrooms, bacon, and''--provolone cheese 8.95

SandwichesAll sandwiches are served with your choice offries orchips

. > Grilled Chicken Breast* BBQ, Blackened, or Grilled7.95

. Buffalo Chicken* breaded chicken tenderloinsdipped in hot sauce and topped with melted cheddarcheese 8.50

. Philly Steak* peppers, onions, mushrooms, andprovolone cheese 8.50Checken Philly* peppers, onions, mushrooms, and

ATTACHMENT 1

provolone cheese 8.50

Entrees:Sides include mashed potatoes, fries, wild rice, andvegetableFilet*80z center-cut filet with two sides and asalad20.95New York Strip* 140z choice center-cut strip with twosides and a salad 18.95Chicken AI'fredo* with ablackened chicken breast11.95New York Strip* & Shrimp 22.00

Fat Jacks Rack of Ribs, served with Fat Jacksown B.B.Q. Sauce with the trimming... 15.00

Fat Jacks Breakfast Specials

Two Eggs as you like um. wI hash browns,choice of Bacon, Ham or Sausage 9.95

ATTACHMENT 1

8". ". .,.- . ..OREGON LIQUOR CONTROL COMMISSION

BUSINESS INFORMATION

Phone:(50.3 ) 534 - C) to 1 D

ZIP Code: OJ, d3 aCity:

Business Location Address:F~+l flncl ~=--~--=-~-------

Please Print or Type f=Qt JaU!5 LLC.Applicant Name:~~~

Trade Name (dba):--=Ea± \..Tr1c1L,j (5Ad....:::;oo....n~ _

3~l7b n6 Srrn.JV

·DAYS·A ND. HOU'RS,OF OPERATioN', . ~ . '. . ' . . , . . r ~. ~. ;

Business Hours:Sunday ~to~3D Jl-m,Monday to _

Tuesday to ""'t'T"1--.--Wednesda¥ lo f-f/i to a:3D fl-m :Thursday~~to~»-m .Friday Vi.~~ to~ ttm.Saturday ft;.po p.(}.to~01.

Outdoor Area Hours:Sunday to _Monday to _Tuesday to _Wednesday to _Thursday to _Friday to _Saturday to _

The outdoor area Is used for.

a Food service Hours: to _

a Alcohol service Hours: to _

o Enclosed, how _

The exterior area is adequatelyviewed and/orsupervisedby Service Permittees._ (Investigator's Initials)

Seasonal Variations: 0 Yes ulNa If yes, explain: _

'Li~~SIC~ Recorded Music

J'l OJ Music

~ Dancing

o Nude Entertainers

Check all that apply:

o Karaoke

D Coin-operated Games

,~;: Video Lottery Machines

o Social Gaming

D Pool Tables

o Other: _

"DAYS'& HOURS OF 'L1VE OR OJ' MusfG't • •• _ 6 ' . . .. .. .

SundayMondayTuesdayWednesdaThursdayFridaySaturday

Lounge: ;2. 5Banquet:

Outdoor: _

Other (explain):

Total Seating: /25{

otce USE ONLY

Invesllgalor Verified Seallng:_(Y) _(N)

InvesUgalorInlllaI5:, _

Oale: _

(rev. 12/07)

I understand if my answers are not true and complete, the OLee may deny my license application.

Applicant Signature~ cJ. .D~ Date: 5 (1/ 21)) CZ1·800·452·0LCC (6522)

www.oregon.gov/olcc

ATTACHMENT 1

~ OREGON LIQUOR CONTROL COMMISSION'=' FLOOR PLANe Your flgor plan must be submitted on this (gnu.• Use a separate Floor Plen Fonn for each level or floorof the buUdlng.8 Applicants must provide a sketch that showsthespecificarea of the premises (e.g. dining area, bar, lounge, kitchen and

restrooms). Full On-Premises (commercial establishments) applicants must also showdining tables. See example on back.

1a800a452aOLCC (6522)www.oregon.gov/olcc (rev. 12107)

!I Ili@ I

I!III

i"".-.III

I

,I........,I

•

Initials: Lc:::.-

II !Il: l!1b-j1 ilcdt ,"-f 11 /1I , LJI I •~ ==...=:I

" ..__..OLCC USE ONLY......._MINOR POSTING ASSIGNMENT(S)

~\

Date:-li ,.". { 0- ()q

-----=

Apptlcant Namem ::rt!eJL~ c51t1 00nTr&dA&me (dba):

--,-t1-.;..:...~+lBn.d C)l") a3 ~CityandZIP Code

ATTACHMENT 1

09-08-21301 10: 09 T DOSS 70282200S3

8-OREGON L1aUOR CONTROL COMMISSION

. CHANGE OF INFORMATION APPLICATIONet

PAGE3

(nJV. 12107)

Please Print or Type• Use this applIcation to request a dupUcate Ucense (;8rtlf1cale, Change of tradename, change Oflicensee name,

change to legalentity andlordeletion of partner(s).

• Remember toattach all requested documents.

Seetrtsn 1:-1, Ucensee Name(S):-.did~ 3kk.1j LL.c.Complete this

Section ForAll (as cunvnlly ncanted)

Requests.....

Type of Ucense: fi<A 00 q,1,q~~~2. Trade Name(dba): f)iJ- ,))(Its 6A,"/OQO' p .': (curranlbusiness name) , (0. L. F.alC.)

3. Buslness Address: ..33')0" r - nc1 0vd-~ 97D?5~

(street)OC.;>rr j

(elly) (ZIP code)

4. Malllng Address: '-f(j)~ nG ~Ie. 11rtOC6U ~g. 9({(Pfp/(slteul) (c!trl (ZIPcod,,)

~.

6. TelopJ'lone Number: (503) 53"1- CflJ "'},. 5J(?iIJD) I(~' d3JD,,' '. " (business) (homeI

.~ '~. " "

:.:". to " 6. Checkherefor a duplicate license certlftcate 0.~. " '::" 1s

Section 2:NewTrade Name(dba):~ GJenf1.g rMo'S Clu..bChange of Trade

Name .

SectlDn 3: ' 1. New Name:Change of legalN~e 2. Date of NameChange:

I

3. Attach a signed copyof legal documenl(s).

SectiDn 4: 1. EntityName:ChenQe to,Legal.~nttty : .-, 2. Complele and attachLLCor Corporation Questlonnalra.(Corp. or LlC) 3, Attach 8 signed copyof modified leaseegreement If applicable.

SeCtIon 5: t . Nameof DeletedPartner(s):Deletion ofPartner{s)

2. Allach a copy of the legaldocument(s) or letterof resignation, signed by the deleted parlner(6).showing the partner(s) win no longerhavean Interest In the business. Ifdeleted partner(s)

..appearon the lease.you must attacha copy of a modlned leaseagreement.

I understand that If my answers are not true and complete. the OLeC may deny my license application.

Licensee Name: .ffit~~ ~~ TIlle ' ("til2.v.""'. IMrn'l%LIcensee slgnature~~ Dat~ d" 1~ }~c..::.~,,-CO..;,.,.,.:..r__

1-800-452-0LCC (6522)www.Qrugon,govlo/cc

ATTACHMENT 1

STATEMENT OF FUNDING

I, Sherri L. Doss,as the soleand managing member orFa!Jacks LLC, do swearandaffirm thatthe loan frommy father-in-law, Walter Doss. for nine lhousand dollars($9,000) and theloanfrom my father, Robert Burchfield. for twenty fivethousand dollars(S25,OOO) are loeasthat I amrequired to and intend on paying back in fuJI. Neither Mr. Dossnor Mr. Burchfield haveanownership or financiaJ interest in Fat Jacks LLCand willnot have control over or m8J1iI8erialresponsibility ofFal JacksLLC or the business to beoperated under thelicense currentlypending withthe OLCC. In addition, neitherMr.DossnorMr. Burchfield will workor beemployedat the business tobeoperated underthe license currently pending withtheOLCC.

I furtherswearand affirm thatI am theonlytrue applicant and willbetheonly true licensee forthis application. No otherparty has It financial interest or control over FatJacks LLC or thebusiness to be operated underthe licensecurrently pending with theOLeC.

EAr JAC~L1.'€'~IOregon limited liability company.,). ,lQ"£'ll,t . . 1../~ .4-~'

She.n:i JI. Doss, Member

l)WT13S74729vl oo1סס0090824-0

239t:1d

ATTACHMENT 1

09-08-2001 113: 09 T OOSS 70282C0003

8,''. OREGON LIQUOR CONTROL COMMISSION

. BUSINESS INFORMATION. ,

Please Print or 'TYpe

Applicant Name: fu .:r tl£ILs LLe. Phone! ~) 539~q~]?)Trade Name(dba):~ G)~.:.:n..Q.::::::Q~'..LS~O..A~J.6,,1Abi..i-- _Business LocationAddress:~ b O~ SArxlO G>\ vel .City:~ ZIP Code: 0)1') 9.3 at.

DAYS AND HOURS OF OPERATION

BusinessHours:

sunday,. to~30~·m.Monday 10A«!.-A.tr1

' Tuesday • IO~'f"WednGGday to~If. ff') ,

Thurucfey ~_to~., A tn·Friday to Ql' .(1)Saturday to' ... , -,un

OutdoorArea Hours:Sunday 10 _MondllY to _Tuesday 10 _Wednesday 10 _Thursday 10 _F~py 10 _Sell,Jroay to _

The outdoor areaIs used for:

U Food s81V1ce Hours: . _.__to _

CJ A1oohc1 service Hours: to _

CJ Enclosed. how _~ ,

TheextQrtor anlo Is adoqualety \/lowod and/orlhIpeMsed by Service Permittees._______(lnvesUgalor's Initials)

Seasonal Variations: 0 Yes Cl No If yes, expletn: _

ENTERTAINMENT

o UveMuslc

~ Recorded M~ic)}( OJ Music

o Dancing

)it NudeEntertainers

Check all that apply:

o Karaoke

o CoJn.operated Games

J2l VideoLotteryMachInes

o Social Gaming

o Pool Tables

o Other: _

DAYS & HOURS OF LIVE OR DJ MUSIC

Sunday ~~,_to a:2i> ~·mMonday ~~='_to~A-mTuesday .m· to 8i:?C'5 Am.Wednesday oT-i~- tom,rnThullIday • to , A·m.Friday :~I'"IOoI""~~.: 10. ~. If'Saturday ~,..-.=_. to. A- III

Lounge:

Banquet:

;),5Outdoor. _.•__

Other (expI8In):

Total Seallng:.d!Ii!i..L15

OLCC use ONLY

Inwmllgelot Ver111lld 8eatlng:_IY) _(N)

Investigator tnJlIals:: _

Oato:: _

I understand If my answers are not true and eom~e, the OlCC may deny my license application.

Applicant Signature:~ =J. bd~ Date:--lJ ( () /,.;utl1 -1·800-452·0LCC (6522)

www.oregon.govlolcc (fTlV. 12107)

ATTACHMENT 1

08-2e01 10:08 T 0055 7e28220083

-.---~---_._ .- -- .- -'-

A OREGON LIQUOR CONTROL COMMISSION

~ FLOORPLAN•

• ;)loud. plIO roD"bt 'ubmlflOd an thIs tOIlD.• Use 8 !8P111'8ttFloor Plan FOl'Ib for61gb level orftoor of thebuilding. .• Appllcantll must plOvlde 8 8kelCh that lI!towa the sJ)8Ciflc area of the premleeo (e.g. dining area. ba" loung8. kitchen and

~trooms). Full On-Preml_'(oomm&rdal establ1IhtnenIs) 8pJlRcanl8 rtlust also shaw dIning lablea. see example onback.

AppUcanl Name

TlIId& Name (db.to

fl,it.-ICIty end ZIP Code

..

...-

(rov. 12107)

ATTACHMENT 1

Fat Jack's SaloonOperation 's agreement

07/29/09

To Whom It May Concern:

My Name is Sherri Doss, I am proposingto open a country formatted establishmentcalled Fat Jack's Saloon Located @ 3390 N.E. Sandy Blvdjust west of the Hollywooddistrict. I feel this is an ideal location with good freeway access and adequate parking.We would like to address some of the neighborhoods concerns about our operationandparking lot security issues. We will make it our personal mission to control and eliminateany and all criminal activity or disturbances that may adversely affect the communityaround us.

OPERATING PLAN

1. We will have a constant securitypresence at all times starting at 6:00 p.m. untilthe parking lot is cleared at approximately 2:45 a.m. We will have at least 1securitypersonal monitoring the parking lots at all times and will increaseto 4 to8 dependingon the size of the crowd. All security staff will be DPSST certified.

2. My husband Tracy Doss is DPSST executive manager certified and has over 20years night club, restaurant and bar experience. He will personally oversee allsecurity matters.

3. After 10 p.m. nightly security staffwill conduct random parking lot checks every10 to 20 minutes.

4. We will at all times have a ratio of 1 DPSST security staff members for every 25guests.

5. A 16 camera DVR monitoring system for all areas in our control.6. A full country style BBQ menu will be available during all hour's operation.7. I will be taking a hands on approachto the day to day operation of this facility

and be available 6pm to close.8. No loitering, verbal/physical altercations, loud noise or any other type of

disturbances and or criminal activity will be tolerated inside or in our parking lotareas.

9. I will encourage and co-operate with Portlandpolice department to do a walkthrough during peek hours of operation. .

10.Alcohol Monitors will be place, which will include Management, Bartenders,Wait Staff and security personnel. Alcohol monitors will be responsibleforcheckingvery intoxicated persons (VIPS), removing drinks or patrons as

ATTACHMENT 1

necessary. This will be accomplished by visual inspections of all patrons every 30minutes.

11. A detailed incident log will be maintained on the premises which will include,Dates, identifying information (if known), staff involvement and others that wereon duty during incidents, type of incidents and actions taken. This will alsoinclude VIPs, service cut offs, violations of rules and policy's, entry denials andlaw enforcement contacts.

12. Electronic I.D. checker will be at the entrance to detect fake I.D.'s13. There will be no admittance no later than 1:30am during normal business hours14. We will also institute a "Soft Close" that will begin from 2am to 2:15am which

will include Last call, changing the lighting and music to facilitate an orderlyclosing.

15. Parking lot opening and closing procedures will be as follows, all staffmemberswill be required to park there vehicles bordering the perimeter fencing to create asound and space barrier to prevent littering and loud noises from interfering withthe peace and sobriety of the surrounding community. During closing all securitypersonnel will patrol and monitor parking lot area until all guests have safelyexited the property. Then clean up all areas affected by our operation.

I will be very aggressive in successfully instituting these policies to theutmost degree as to ensure the health and safety of all parties involved. I will alsostate that I will at all times be willing to meet and discuss all legitimate issues andcomplaints with my neighbors, Portland Police and Olcc to quickly resolve anyproblems that may occur. We will at all times strive to be a good neighbor and aviable component of the community at large.

Thank you,

Sherri Doss

ATTACHMENT 1

Bureau of PoliceDan Saltzman, Police Commissioner

Rosanne M. Sizer, Chief of Police1111 S.W. 2nd Avenue. Portland, OR 97204. Phone: 503-823-0000. Fax: 503-823-0342

Integrity • Compassion • Accountability. Respect. Excellence. Service

September 2, 2009

Steve Pharo, DirectorOregon Liquor Control Commission9079 SE McLoughlin BoulevardPortland, Oregon 97222-7355

RE: Liquor License Application, New Outlet, Full On-Premises SalesUNFAVORABLE RECOMMENDATIONFat Jack's3390 NE Sandy BoulevardPortland, Oregon 97232Licensee: Tracy Doss

Dear Mr. Pharo:

The Portland Police Bureau has completed its investigation on the above referenced liquorlicense renewal. Based on Portland City Code 14.B.100~030, (F) (1) an unfavorablerecommendation is submittedforthe following reasons:

Pursuant-to the CityofPortland Code and Charter, Chapter 14B.I00.030 (F) (1) Application.Procedure, regarding liquor license recommendations, "if the ChiefofPolice find that there arevalid grounds to make an unfavorable recommendation to the Oregon Liquor ControlCommission as provided by Oregon liquor laws, the ChiefofPolice shall forward an unfavorablerecommendation directly to the Oregon Liquor Control Commission."

The basis for this unfavorable recoriunendation can be found under OAR 845-005-0326 (1) (a).OAR 845-005-0326 states ORS 471.313 (l) allows the Commission to deny a license that publicinterests or convenience does not demand. The following are some of the reasons for which theCommission may deny a license unless the applicant shows good cause to overcome the criteria:

1. Alcohol-Related Problems at Other Licensed Premises;a. The applicant has had repeated problems at another licensed location

during the two years preceding this application or has had a licensecancelled or renewal refused because ofproblems with disturbances,unlawful activities or noise.

Community Policing: Making the Difference TogetherAn Equal Opportunity Employer

, Police Information line: 503-823-4636, TIY (for hearing and speech impaired): 503-823-4736 Website: http://www.portlandpolicebureau.com

ATTACHMENT 2

Mr. Steve Pharo September 2, 2009. Page 2

Tracy Doss is one of the licensees on this application. Mr. Doss was a prior licensee at Fusion, anight club previously located in the Old Town Neighborhood ofPortland. While Mr. Doss wasthe licensee at Fusion the business committed a City of Portland Time, Place, and Mannerviolation due to the high incidence of assaults and other nuisance related activities. Mr. Doss waseventually able to reduce the problems by changing the name to Spyce Gentlemen's Club, andchanging the format from a night club to an adult entertainment establishment.

On June 1, 2008, at approximately 3:21 AM, Portland Police Officers responded to a report Ofanassault. Officers determined that an intoxicated patron grabbed an employee around the neckwith two hands causing the employee to be choked. The patron's actions were a violation ofORS 166.025. Portland Police Case #08-51974.

On June 8,2008, at approximately 3:15 AM, Portland Police Officers were flagged down bylocation security in regards to an out of control patron who was being removed from the bar.Officers took the unruly patron into custody for a detox hold due to his intoxication andcombative behavior. Portland Police Case #08-54660.

On June 18, 2008, at approximately 2 AM, a passerby was walking to his vehicle, which wasparked in front of the location. The passerby saw an altercation inside of the location andwatched as two security officers kicked a patron out of the bar and onto the sidewalk. Thepasserby said the patron got up and the security officers ran at the patron and impacted thepasserby's vehicle, causing damage. The passerby attempted to deal directly with the location toget the damage to his vehicle fixed, but the location was not cooperative. Portland Police Case#08-58292.

On June 22, 2008, at approximately 1:33 AM, Portland Police Officers were flagged down by an.employee of the location in regards to an assault. Officers determined that a patron punchedanother patron in the chest and said, "let's go!" as if challenging him to a fight. When securityapproached the altercation the aggressor ran from the club. Thesubject was arrested and citedfor harassment. Portland Police Case #08-59654.

On July 20, 2008, at approximately 1:41 AM, Portland Police Officers were flagged down bysecurity at the location about an intoxicated subject. The intoxicated subject had been kicked outof the location and was now being aggressive with security. The subject was unable to followbasic commands based on his high level of intoxication and was subsequently taken into custodyfor a detox hold. During an inventory search of his person and backpack officers found a gallonbottle of Smimoffvodka. The subject was identified by officers with his Oregon Identificationcard and was only 20years old. Portland Police Case #08-70013.

On July 26, 2008, at 2:03 AM, Portland Police Officers were flagged down by security at thelocation in regards to an intoxicated male subject trying to start a fight. The intoxicated subjectwas taken into custody for a detox hold, as he was unable to care for himself and was a danger toothers due to his behavior. Portland Police Case #08-72221.

ATTACHMENT 2

Mr. Steve Pharo September 2, 2009Page 3

Fat Jack's has been proposed to become an establishment operating in a night club format.Therefore, the City of Portland believes that the high incidence of assaults and other nuisanceactivities that occurred at the previous licensed location operated by Mr. Doss when it wasoperated under the same night club format will occur at this licensed premise.

For the reasons stated above, the City ofPortland and the Portland Police Bureau make anunfavorable recommendation for this liquor license application.

Should the OLCC renew the liquor license for Cabaret, the City ofPortland and the PortlandPolice Bureau request that the following restrictions be considered:

1. Requirement that the establishment follows the business operation plan thelicensee submitted to the OLCC.

If you have any questions or would like further information, please contact Officer Jacob Clarkin the Drugs and Vice Division at (503) 823-0429.

Sincerely,

R~~.~.ROSANNE M. SIZERChiefof Police

RMS/JRC

cc: Assistant ChiefBret SmithCommander Mike ReeseShannon Hoffeditz OLCC EnforcementTheresa Marchetti, aNI

ATTACHMENT 2

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Tracy R Doss

Full Name: Tracy R Doss Date of Birth: 04/30/1969

AKAs: Height:

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Gender: Unspecified

ADDRESSES

CRIMINAL OFFENSE 1

Offense Date: 10/28/2002Legend

Bv Behavioral

Bu Business

D Drug & Alcohol

S Sex Related

T Theft/Robbery

V Violent

O Traffic/Other

Case Number: 270228

Offense Type: Traffic/Other

Offense Code:

Offense Description: FRA SUSPENSION - DUS

Date Reported: 10/28/2002

Disposition: GUILTY

AdditionalResults fromPeopleFinders

Tracy Clemons, 39Bartlesville, OK

Tracey Lewisdoss, 54Hughes Springs, TX

Tracy Hendrix, 42Adamsville, AL

Tracy DossSheffield, AL

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1 of 1 11/25/09 10:22 AM

ATTACHMENT 3

12-03-2009 03 :15pm From-Oh io Dept . Liquor Cont rol/Super . 614 644 2480 H38 POOl F-740

Ohio Department of CommerceDivision of Liquor Control

6606Tussing Road . P.O. Box4005Reynoldsburg, OR 43068-9005

(614) 644-2360 FAX(614)644-2480www.com.obio.gov/liqr

Ted Stricklalld

Governor

KimberlyA.ZUTZ

Director

_____"m<>o' _

FAX COVER SHEET

FROM: Matt ~I ullins, Public Information Officerphone: (614) 644-2556 e-mail: [email protected];

DAlE4~~ 'L.f<IO,--,1,-------- -

SUBJECT:~~~;~ 'I'V'~~ .

TOTAL PAGE S (including cover): 2 7-

COMMENTS

* Please e-mail all Public Records requests to:[email protected]

ATTACHMENT 4

ATTACHMENT 4

. , " .. , ." , , ", ", , ,

. .NAME AND ADDRESS PGEBD

COLUMBUS NIGHTLIFE nrc57 E MAIN ST 1ST FL ;; BSMTCOLUMBUS OHIO 4321 ~

PERMIT NUMBER - 1 653 608COUNTY - 25 FRANKLIN CORPORATIONTAXING DISTRICT - 044 COLUMBUSNO ACTIVE VIOLATIONS - F6 TO DISPLAYSUN SALE INFO - FlO TO DISPLAYPROBLEM CODEPROBLEM DATELAST INSPECTIONHOLDER BAR CODE

OUTLET NUMBER A ,i:. NCY NUMBER

551 85D

RESTRICTION

RTRF RTRF RTRF RTRF RTRFNO NO NO NO NO09/26/02 09/26/02 09/26/02 09/26/0 2 09/26/02

CI02 TODAY 12/02/09 ~ IME 09 :06:50D1 D2 D3 D3A D6TRFO TRFO TRFO TRFO TRFO02/21/02 02/21/02 02/21/02 02/21/1i2 02/21/02TIMELY TIMELY " TIMELY TIMELY TIMELYF082163 F082163 F082163 F08216: ; F082163$ .00 $ .00 $ . 0 0 $ . ( 0 $ . 00

N/A

ENTER PEIlMIT NBR / TRACK-I ) / HIT ENTER REY

NO

N/A

NO

N/AN/A

NO

N/A

NO

CLASSTYPE OF APPLI CATI ONAPPLICATI ON DATEfILING STATUSRECEI PT NUMBERFEE AMOUNTAPPLICAT ION PENDING DATERENEWAL PENDING STATUS NOSI TE LOCATION VOTEORI GI NAL IS SUE DATESOURCE OF ORIGINAL I SSUECURRENT I SSUE DATEMl\.ILING DATETYPE OF I SSUESTATUS OF FEE AMOUN TREFUND AMOUNTPENALTY RECEIPT NUMBERBUYERSELLERPROCESS FEE STATUSTYPE OF NO ISSUEIS SUED STATUSCANCELLAT ION DATEQUOTA EXEMPT STATUSDISPLAY ANOTHER PERMIT HOLDER / /TO RETURN TO MENU HIT THE ENTER

xxxxxxx

O~H ZOO"d 8£9-1 om m ~19"JOdnS/ loJIUOJ Jonbll "ldOOo I 40-WO J ~ wdSI:£O 600Z-£O-ZI

ATTACHMENT 4

ATTACHMENT 4

· , ... ..... ... " ... , . " ...... , ... .. ... , .. . . ............ " , .... ", ... I ,

CORPORATION INQUI RY

PEFMI T NlWffiER (CORPORATI ON) 1653608COLUMBUS NJ:GII'l'LlFE INC57 E MAIN ST 1ST PL & BSMTCOLUMBUS OHIO 43215

PCS1 5 TUBETlME;DATE

C10209 .16 . 1312/02/09

.. ..

F . T . [ . Nu~ER 00-0000000~31'ATUS (ACTIVE OR INACTIVE) INACTIVESHARES OUTSTANDING 850.00ACTI VE DATE 02/21/02I NACTIVE DATE 09/27/02EXCEPTI ON CODE TEXT

FER CODE TEXT ~~D DATEJOHN HENRY JONESftACY DOSS

425.00 09/27/0::! INACTIVE PRESIDEN'l425.00 09/27/0::! INACTIVE VICE PRE~

O;H £00 "d 8£S-1 om m ns "' OdOS/ lo' I"OJ ,oobl l "ldOO0140-wo" wdSI:£O 600Z-£0-Z I

ATTACHMENT 4

ATTACHMENT 4

· , .......... . , ... " "... ... , ..... ... , .. . -.. ... '" ... , " ... ",... , ,

CO~ 1J"TY 25 = FRANKLINTA :JNG DISTRICT = 044

RTRFRTRFRTRFRTRFRTRF

USER=PIDC003 VIOLATION CASE INQUIRYDATE 12-02- 09TIME 09 ; 10 ;28

COLUMBUS NIGHTLIFE INC1653608 57 E MAIN ST 1ST FL & BSMT

COLUMBUS OHIO 43215

CLASSES- --- -> D1 DEFUNCTD2 DEFUNCTD3 DEFUNCTD3A DEFUNCTD6 DEFUNCT

PVI09 PAGE 00:

CASE REPORTDATE

LOG - ------V I 0 L A T I O NDATE DATE CODE

D ES C f I P T I 0 N- - - - -

*01 08-16-02 08-16-02 08- 16-02 0813 WATCH CARD08- 19-02 08- 16-02 0811 REJECTED TRFO APPLH ,~, TION 081602

CAN APPEAL TO 09150209-2 5- 02 09- 25-02 032 5 NO APPEAL FILED09-2 5-02 09-25- 02 0227 CASE TERMINATED CLH

«««« THIS IS THE FINAL PAGE » »» > VINQ 1 ) END TRANSACTION

OI'H 1'00d 8£9-1 o8I'Z 1'1'9 I'19 ' JOdnS/ loJIUOJ Jonb ' l 'ldOO o'40-WO J, wd 91 :£0 600/-£0-/ 1

ATTACHMENT 4

ATTACHMENT 4

==_P1Im7ISSlQ1UL=mm; ~ ~,r.£4L~

_ . ~ .... . , ~-~-.l~~

. . ... ... .. ... .. ... , ." , 1. , " " ,.... ,,' , ,

Ohio Department ofCommerceDivisioI1 ofLiquor Control

6606 Tussing Road . P.O. Box 400SR.eynoldsbwg,. OR 43068-9005

(614) 644-2360 FAX (614) 72~-1283COmmeree http://www.COIII.StIte.oh.us

Liquor http://WWW.lllale.oh.ns/comlliquoriliquor.hm

Bob TaftGovemor

<iVy C. SuhadolaikDirector

---------------------_._-----CQNDmONAL JU:,JEcrION ORDER

Mailed: July 17,2002

Effective Date: August 16,2002

VIA CERTIFIED~ FIRST CLASS MAIL:

TracyDoss,VicePresidentColumbus Nightlife, !nco57EastMain Street'Columbus, OR 43215

Re: Transfer ofOwnership Application#165360&, Class D·I.2.3-3A-6

From:' Tiger Shark Productions Limited57 EastMain Street, 1st.FloorColumbus, Ohio 43215

To: ColumbusNightlife,.Jnc.

Dear Mr. Doss:

The Division of Liquor Control has carefully considered your applicatic a for a transfer ofownership of a class D-l·2-3·3A-6 liquor permit, A partial investigation wo ,s conducted whichincluded an inspection of the proposed permit pranises, lIIld a review of 11.re application andinformation gathered fromvari~ documents andreports.

The Division denies and rejectstbis application for transfer of ownership of this permit effectiveAugust 16, 200?-, unlessyou compjx with thefollowing conditions:

1) Pleasesubmit documentation and other iaformation as indicated below to c.mtinueprocessingthis application.

2) File any delinqUelit sales tax or employee income tax withholding returns mol resolve any suchtax delinquencies withtheOhio Department ofTaxation.

~/1iS1l1jjii~~XS'tA2E'AaVDP1t.OFllSSlO/l4ur:ENs1NfI

ll'IDmz::ar.ac~.li.OlQ'- .r:..taOR c£~R~FItttIiEal/<1111!S -mWnR£IURSHJL .

_. ~ ... . . . !_~--, t....=... A..iM.I'

!laU;;; o:JN71lOl.urn.<lUIDPIOi1>S'

OvH SOOd 8E9-1 om m ns ·JBdnS/ loJIUoJ Jonb !l ·ldBO0140-WO J, wd91:EO 6001-EO-I I

ATTACHMENT 4

ATTACHMENT 4

#1653608, TlU'O. ClassD-I-2-3-3A-l5Colutnbos Nightlife, Inc.

• , " , 1-. , ", " , , " , ,

P"8"2

Ifyou do not intend to pursue the transfer of thispennit, you may cancel this .tpplication prior to

August 16, 200Z. . "_~

This application for transfer of ownersbip of this PQIIIlit is rejected based 1]?':>ll the following

grounds and facts;

1) The Division 1S unable to complete this transfer because the transfer or currently owesdelinquentOhiosales taxesaad/or iacome taxes withheld fromemployee Cu!pensation, vibichconstitutesthe operationofthe proposed business in II manner that demonsn ;!JI:S a disregard forthe laws, regulations. or local ordinances of this state. ltC. §§cIJI>326(B)(l) and4303292(A)(I)(b).

2) Pursuant to provisions of Chapters 4301. and 4303. of the Ohio Revised Code and of OhioAdministrative Cride Section.4301:1-1-12(A), the Division is required to , ~o ndu.ct a completeinvestigation of the applicant and of the premises in order to .determine IIle advisability ofissuing the applied-for permit. With respect to the captioned applicatior, the Division wasrmable to complete the required investigation due to. the applicant's fui ;u :e and refusal 1Dcooperatewith the Division in its investigation.

This transfer of ownership application was placed into process by the Divisi,m on February 25,2002.

On March 12, 2002., the Ohio Department of Taxation informed the Divisior I of Liquor Controlthat it may not grant the captioned transfer of ownership application because Ibe transferor owesdelinquent sales taxes and/or income taxes withheld from employee compensa ;ton or has failed to

file any such taxreturns.

Letters from !he Division dated March 12, 2002 and Apn1 30, 2002 (Ce tiJiied Mail, ReturnReceipt Requested) required the applicant to submit the following docun esrtation and otherinformation:

1) You did not answer question #2b on the transfer application. Ifyour SPO"' lS~ will be workingon the premises, complete end return the enclosed PersonalHistory Back:;;round form, andCivilian Background Check Card along with the required fee of $15.0(, ;i)T the Bureau ofCriminal Identification and Investigation.

2) Donald Ruminski'swritten consentto the transferof thisbusiness.

3) A Federal Tax Identification Number,

OI'H 900 d 8E9-1 o8I'Z 1'1'9 1'19 ",OdnS/ lo' IUOJ ,onbl, "ldOO01 40-wo " wd 91:EO 6001-EO-II

ATTACHMENT 4

ATTACHMENT 4

jf.16S360g,TRFO~ Classl).1-2-3-3A.oCoJmnbcs Nightlife, IIlC.

4) A signed copyof Leaseor Sll1Di1Ia1yofT~cy Rights fOIID, (formenc1oSl:,IiI.

5) Finan~al verifiCiifiOIl-c:ifthe $100,000.00 used to purchase the business

, - PageJ

"-

6) A Civilian Background Check cam (enclosed) an4 $15.00 for JohnJ~. , ~:bis form and feeare needed in order to process information through the Bureau of Crimind ::deIltificafion andInvestigation.

7) A date forFinallD.spection.

Accordingly, the captioned application is hereby deniedand ~ected, unless yn; comply with theconditions previously stated in this Orderby August 16, 2002.

You are entitled to appeal this Order to the Ohio Liquor Control Conmrissinu If you want toappeal this Order. you must file 3D anpea1 within 30 dayS ofthe effective dall".! of thisOrder withthe:

Liquor Control Commission77 South High Street, 18th Floor

Columbus, Ohio 4321~565

Thenoticeofappeal shouldcontain a statementafyourreasons furappeal. Pleiasattacha copyofthis Order withyourappeal

If a notice of appeal is not :filed with the Commission within 30 days of the e :1't>Ctive date ofthisOrder, me Order will become final

The Division of LiquOr Control expressly reserves the right to reject this tr3n J.::rapplica1ion fatgrounds not sllIted in this Order.

19ap

OVl- ~ l~O/lOO 'd 8,9-1 om m ns 'J9dnS/ loJ1UOJ Jonb'1 'ld90 o '40-WOJ ~ wd 91:,O 60 0~ -,O -~1

ATTACHMENT 4

ATTACHMENT 4

#1653608,TRFO, ClassD-1,2.3r3A-6ColumbusN,ghtliie, Inc.

cc; (certified & 1st class mail to:)TracyDoss1624Waterstone CourtColumbus, DH 43235

(certified & 1st clus mail to:)JohnHemjJones713 Woodmark RWlGahanna, DB: 43230

James J. AndrioffAucmey atLaw42 EaSfGay Street,SUite 1500Columbus, DH 43215

Michael Casey555 Melro Place North, Suite 659Dublin,OB: 43011

Mitchell Brown, Safety Director50 WestGay StreetColumbus,OH 43215 .

ChiefofPoliceColumbus Police DepartmentATTN.: VICE SECTION120Marconi BoulevardColumbus, OR 43215

. _.Page 4

OvL-, LIO/SOO·d SES-1 om m viS ·JBdnS/loJ1UOJ Jonbl1 ·ldBO 0140-WOJ, wdSI:EO 6001-EO-II

ATTACHMENT 4

ATTACHMENT 4

· , ... ..... ... " ... ,. "...... ,... .. ... , .. . . ............ " ,.... ",... , ,

PERMI T NUMBER - 1924998-0005COUNTY - 25 FRANKLIN CORPORATIONTAxI NG DI STRI CT - 044 COLUMBUSNO ACTIVE VIOLATIONS - F6 TO DISPLAYSUN SALE INFO BEERPROBLEM CODEPROBLEM DATELAST I NSPECTION 11/13/08HOLDER BAR CODE

NAME AND ADDRESS PGEBDDANNYS EMERALD FOX ::t; ,CDBA ALLURE GENTLEMAl , :; CLUB340 GREENLAWN AV & }'Z ,TIOCOLUMBUS OHIO 4322:1

OUTLET NUMBER 754 AC ;ENCY NUMBER

522 4 0D

RESTRICTI ON

RENDISTRIB REFUND

$ 250.00

TRFO CREWNO NO12/17/08 03/20/00

C102 TODAY 12/02/09 'rIME 09:17 :25

ENTER PERMIT HER / TRACK-I D / BIT ENTER KEY

01/25/01TRF-QTA02/01/08

64272B50545:0

D5 D6REN NEW01/15/08 12/03/99TIMELY TIMELYY020819 V055028$2344.00 $ .00

12/13/99NO

CLASSTYPE OF APPLICATI ONAPPL I CATION DATEFIL ING STATUSRECEI PT NUMBERPEE AMOUNTAPPLICAT ION PENDING DATERENEWAL PENDI NG STATUS NOSI TE LOCATI ON VOTEORI GINAL I SSUE DATESOURCE OF ORIGINAL I SSUECURRENT I SSUE DATEMAIL I NG DATETYPE OF I SSUESTATUS OF FEE AMOUNTRBFUND AMOUNTPENALTY RECEIPT NUMBERBUYERSELLERPROCESS FEE STATUSTYPE OF NO I SSUEISSUED STATUSCANCELLATION DATEQUOTA EXEMPT STATUSDISPLAY ANOTHER PERMIT BOLDER //TO RETURN TO MENU JUT THE ENTER

xxxxxxx

O'l-~ l ZO/ 600'd 6&9-1 om m 119 ' JOdOS/ IOJI"OJ JOObl l ' ldOOo I40-WOJ~ wdl l:&O 600Z-&O-Z I

ATTACHMENT 4

ATTACHMENT 4

· , " .. , ." , , ", ", , ,

PERMI T NUMBER (CORPORATION) 19249980005DANNYs EMERALD FOX INCDBA ALLURE GENTLBMANS CLUB340 GREENLAJiN AV & PATIOCOLUMBUS OHIO 43223

TIME 09.17.51DATE 12/02/0 ~

F.T .I . NUMBER 31-1675253STATUS (ACT I VE OR INACTIVE) lNACTI\7ESHARES OUTSTANDING 850 .00ACT IVE DATE 01/25/01IK~CT IVE DATE 12/19/08EXCEPTI ON CODE TEXT~~nru TRAN~~R CODE TEXT AND DATE A

VICTORIA J WEBERTRACY DOSSDANNY WEBER EST

STOCK TRANSFER APPRO rnn.00 12/19/0 ,1 INACTIVE

850.00 12/19/0 ~ INACTIVE.00 12/19/0 l INACTIVE

04/27/0

CEO

O~L-~ LZO/OIO"d 8£9-1 om m ~19"JOdnS/ loJIUOJ Jonbll "ldOOo I 40-WO J ~ wdLI:£O 600Z-£O-ZI

ATTACHMENT 4

ATTACHMENT 4

... ... . ... ... .. . ... . . ... ...... . . , , " , " ", .

CO;T!-fTY 25 = FRANKLINTK ~ }NG DI STRICT = 044

USER=PIDC 003 VIOLATI ON CASE I NQUIRYDATE 12- 02- 09TIME 09 : 17 : 38

DANNYS EMERALD FOX I NC1924998- 0005 DBA ALLURE GENTLEMANS CLUB

340 GREENLAWN AV Ii PAT IOCOLUMBUS OHIO 43223

PVI09 PAGE 00

C1A5SE8- - - - -> D5 DEFUNCTD6 DEFUNCT

TRFOCNEW

CASE RE PORTDATE

LOGDATE

-------v I 0 L A T I ONDATE CODE

D ES C f- I P T I 0 N-----

*11 05- 01- 08 05-01- 08 05- 01-08 LOCK DEPT OF TAXATI ON DO Nf l! PROCEED LETTER09- 19- 08 09-19-08 L227 CASE TERMINATED DM

*10 01-04- 08 01-04 -08 01- 04-08 L813 WATCH CARD01-0 4- 08 01-0 4- 08 LOC5 RENEWAL OBJECTION SCfU DI]LE HEARI NG02- 25- 08 03- 27- 08 L259 DOLC HEARING SCHEDULEI 032708

TO BE HELD AT 2522 0 1- 'i JPB03-13 - 08 03-13- 08 L249 HEARING CONTINUED04- 09- 08 05- 12- 08 L259 DOLC HEARING SCHEDULEr J51208

TO BE HELD AT 252 20 EY J PB07-2 5-08 07- 25-08 L242 LEGISLATIVE OBJ ECTION I~~ THDRAWN

07- 25- 08 07- 25- 08 L227 CASE TERMI NATED SAT

*09 10- 31- 07 10- 31- 07 10- 31- 07 LOC1 TAX PROBLEM SUB H B 2~ 1

02- 11- 08 02- 04- 08 L320 APPEAL TO LCC02- 11-08 02-0 4- 08 L418 DOCKET CASE 70E:T,i.0802- 11- 08 02-04 -08 L312 t ee I SSUES STAY ORDER II. '; OF 02050804- 07- 08 05- 07- 08 L418 DOCKET 5929 CASE 70E i:,:,0805- 28- 08 05- 23-08 L283 PROVISI ONAL REINSTATE!" b::r! BY LCC

*08 04- 12-0 7 04-1 2-0 7 04-12 - 07 LOCG BAD CHEC:K PENDING - BE :'; ~: . s WI NE04- 12-07 04-12-07 L2M BAD CHECK# 00139 3 BAD :;:':ECK DATE 03060701-23- 08 01-23- 08 L227 CASE TERMINATED BP

*07 03-07-07 03- 07-07 03- 07-07 LOEZ LAW WATCH03- 07-0 7 03- 07- 07 LOEX NUI SANCE ACT ION FI LED12-1 6- 08 12-1 6- 08 L227 CASE TERMINATED CLH

(* ~ INACT IVE CASE) CONTINUED ON NEXT PAGE P=N FOR NEXT PAGE

OVl-, l ZO/ IIO 'd 8E9-1 om m vI9 ' J B d n S/ I O J I U O ~ JOnb l1 ' ldBO0140-WOJ, wdll :EO 600 Z-EO-Zl

ATTACHMENT 4

ATTACHMENT 4

· , " .. , ." , , ", ", , ,

COn rr r 25 = FRANKLINTA ~ :NG DIS TRICT = 044

TRFOCNEW

USER~P IDC0 03 VIOLATION CASE I NQUIRYDATE 12-02- 09TIME 09 ;17 ;3 8

DANNYS EMERALD FOX I NC1924998-0005 DBA ALLURE GENTLEMANS CLUB

340 GREENLAWN AV & PAT I OCOLUMBUS OHIO 4 322 3

CLASSES- - - - - > D5 DEFUNcTD6 DE FUNCT

PVI 09 PAGE 00

CAS E REPORTDATE

LOGDATE

- - -- - --V I 0 L A T IONDATE CODE

D ES C f I P T I 0 N- - - - -

*06 02- 28-0 7 02-28-07 02- 28-07 0006 IMPROPER CONDUCT POSSloSSION OF ILLEGALFIREARMS

02-28-07 02-28 -07 00V9 IMPROPER CONDUCT NOT CClEREDBY ABOVE

09- 17- 07 10- 16-07 L418 DOCKET 5904 CASE 2 3~-07

10-2 6- 07 10-26- 07 L249 HEARING CONTINUED12-24-07 01-08 -08 L418 DOCKET 5913 CASE 23:-0701-1 6- 08 01-1 6-08 L24 9 HEARING CONTI WJED04- 09- 08 05-06-08 L418 DOCKET 5928 CASE 23] -J705- 21-08 05-06-08 L305 LCC ORDERS REVOCATI ON AS OF 061308

MAILED 05160805-21 -08 05-0 6- 08 L352 LCC ORDERS FI NE 00150 C

PAID BY 06060806-16- 08 05-1 6-08 LOFG NO SERVI CE ~J\DE

07-0 8- 08 05-0 6- 08 L341 AMENDED LCC ORDER07- 08- 08 05-0 6-08 L305 LCC ORDERS REVOCAT ION 0,.; OF 0731.08

MAILED 07030807- 08-08 05-0 6-0 8 L352 LCC ORDERS FINE 00150C

PAI D BY 0724 0807- 29-08 07-25- 08 L353 FINE PAID 0718 0807-29-08 07-29-08 L227 CASE TERMINATED BRR

*05 10- 30- 06 10-30- 06 10-3 0-06 10CL TAX PROBLEM SUB H B 23 l11-13-06 11-13 - 06 LODC FULL RENEWAL CASE DISM [ ~ ;SED

*04 08-15-06 08-1 5-0 6 08-1 5-0 6 L802 STOCK TRANSFER PENDI NG

(* = IN~CTlVE CASE) CONTINUED ON NEXT PAGE p."N FOR NEXT PAGE

O ~L-~ LZO/ZIO"d 8£9-1 om m ~ 19"JOdnS/ loJIUOJ Jonb ll "ldOOoI 40-WOJ~ wdLI:£O 600Z-£O-Z I

ATTACHMENT 4

ATTACHMENT 4

... ... . . . , , " , " ", .

corr;-ry 25 = FRANKLINTA I NG DI STRICT = 044

USER~PIDC0 0 3 VIOLATION CASE INQUIRYDATE 12- 02- 09TIME 09: 17:38

DANNYS EMERALD FOX I NC1924998-0005 DBA ALLURE GENTLEMANS CLUB

340 GREENLAWN AV & PATIOCOLUMBUS OHI O 432 23

C~~SES - - - - - > D5 DEFUNCTD6 DEFUNC'l'

TRFOCNEW

PVI09 PAGE 00:

CASE REPORT LOG -------V I 0 1 A T I ON DES C :,. I P T I 0 N-----DATE DATE DATE CODE

04- 27-07 04-2 7-07 L229 STOCK TRANSFER APPROVI = DM

*03 02-28- 03 01-08 -05 02- 28-03 OOV9 IMPROPER CONDUC T NOT (C 'TEREDBY MOVE

12-22-05 01- 31-06 L418 DOCKET 582 0 CASE 1 3 ~ i) 6

05- 26-06 06-20-06 L418 DOCKET 5838 CASE 1 3 ~ 0 6

07-0 7- 06 06-20- 06 L301 LCC ORDERS SUSP 010 JAYS FROM 080206TO 081206 MAILED 0705( 6CAN APPEAL TO 072606

07-07-06 06- 20-06 L352 LCC ORDERS FI NE oo oooePAID BY 072 606

08-02-0 6 07-27- 06 L353 FI NE PAID 07260608- 02- 06 08-02-0 6 L227 CASE TERMINATED NDE

*02 01- 18- 03 01-08-05 01- 18- 03 00V9 IMPROPER CONDUCT NOT ( ) ,'EREDBY ABOVE

12- 22- 05 01-31-06 L418 DOCKET 5820 CASE 13E D ~

05- 26- 06 06- 20- 06 L418 DOCKET 5838 CASE 13 0 )07-0 7-06 06- 20- 06 L301 tee ORDERS SUSP 010 :)AYS FROM 080206

TO 081206 MAILED 0705 0 :;CAN APPEAL TO 072606

07-07-0 6 06-20-06 L352 LCC ORDERS FI NE 001000PAID BY 072 606

08-02-06 07-27-0 6 1353 FINE PAID 07260608-02-06 08- 02-06 L227 CASE TERMINATED NDE

*01 01-02-03 01-08-05 01-02 -03 00V9 IMPROPER CONDUCT NOT C)' 'EREDBY ABOVE

(* = INACTIVE CASE) CONTI NUED ON NEXT PAGE P=N FOR NEX T PAGE

OVl-, l ZO/EIO ·d 8E9-1 om m vI9 · J B d n S/ I O J 1 U O ~ JOnbl1 ·ldBO0140-WOJ, wd81 :EO 600Z-EO-Z l

ATTACHMENT 4

ATTACHMENT 4

· , ... ....... . , ... " "... ... , ........ , .. . -.. ... '" ... , " ... ",... , ,

corrt' TY 25 = FRANKLINTA : I~G DISTRICT ~ 044

USER=PIDC003 VIOLATI ON CASE I NQUIRYDATE 12-02- 09TIME 09 : 17 : 38

DANNYS EMERALD FOX I NC1924998- 0005 DBA ALLURE GENTLEMANS CLUB

340 GREENLAWN AV & PATIOCOLUMBUS OHIO 432 23

CLAS SES - - - - - > D5 DEFUNCTD6 DEFUNCT

TRFOCNEW

PVI09 PAGE 00,

CASE REPORT LOG - ------ V I 0 L A T I O N DES C 3 I P T I 0 N---- -DATE DATE DATE CODE

12-22- 05 01-31-06 L418 DOCKET 5820 CASE 13 :: J 605-26- 06 06- 20- 06 1 418 DOCKET 5838 CASE 13:: J607- 07- 06 06- 20-06 13 03 LCC DISMI SSES CASE EH E::TIVE 062006

«««« THI S IS THE FINAL PAGE »» » > VINQ T) END TRANSACTI ON

OV1-, 1ZO/v I0 ·d 8£9-1 om m vl9 ·JOdnS/ loJ1UOJ Jonb' l ·ldOOo'40-WO J, wd81 :£0 600 Z-£0-Z I

ATTACHMENT 4

ATTACHMENT 4

. , ... ..... ... " ... ,. "...... ,... .. ... , .. . . ............ " ,... ",... , ,

PERMIT NUMBER - 2655470COUNTY - 25 FRANKLIN CORPORATIONTAXING DISTRICT - 044 COLUMBUSNO ACTIVE VIOLATIONS - F6 TO DISPLAYSUN SALE INFO - FlO TO DISPLAYPROBLEM CODEPROBLEM DATELAST INSPECTI ON 09/27/01HOLDER BAR CODE

Nffi{g AND ADDRESS PGEBDFAT BOY ENTERTAINMEl: rr INC281-83 E SPRING STCOLOHBUS OHIO 4321! ,

OUTLET NUMBER 741 AC ::: NCY NUMBER

543 46Bl.•~

RESTR ICTION

09/27/01 09/27/01 09/27/01 09/27/t 1 09/27/01TRF-QTA TRP~QTA TRF-QTA TRF-QTA TRF-QTA02/01/03 02/01/03 02/01/03 02/01/( 3 02/01/03

nro TRFO TRro nro TRroNO No NO NO NO11/28/03 11/28/03 11/28/03 11/28/0 3 11/28/03

C028 TODAY 12/03/09 T1CME 09: 34: 12D1 D3 D3A D3X D6REN REN REN REN REN01/17/03 01/17/03 01/17/03 01/17/C3 01/17/03TIMELY TIMELY TIMELY TIMELY TIMELYW056731 W056731 W056731 W05673l. W056731$ 188 .00 $ 600.00 $ 750 .00 $ 150.tO $ 250.00

REN REN REN RENDISTRIB DISTRIB DISTRIB DISTRIE

NO

RENDISTRIB

56199B49530C

TRACK-I ) / BI T ENTER KEY

NO

56199B49530C

NO

56199B49530C

NO

56199B49S30c

56199B49530C

CLASSTYPE OF APPLICATI ONAPPLICATION DATEFILING STATUSRECE IPT NUMBERFEE AMOUNTAPPLICATION PENDING DATERENEWAL PENDI NG STATUS NOSI TE LOCATION VOTEORIGINAL I SSUE DATESOURCE OF ORI GINAL I SSUECURRENT ISSUE DATEMAILING DATETYPE OF I SSUESTATUS OF FEE AMOUNTREFUND AMOUNTPENALTY RECEIPT NUMBERBUYERSELLERPROCESS FEE STATUSTYPE OF NO I SSUEI SSUED STATUSCANCELLATION DATEQUOTA EXEMPT STATUSDISPLAY ANOTHER PERMIT HOLDER // ENTER PERMIT NBR /TO RETURN ro MENU HIT THE ENTER

mxxxx

O'l-~ l ZO/ SI O"d 8&9-1 om m 119 "JOdOS/ IOJI"OJ JOObl l "ldOOo I 40-WOJ~ wd81: &O 600Z-&O-Z I

ATTACHMENT 4

ATTACHMENT 4

CORPORAT ION INQUIRY PCSl~

PERMIT NUMBER (CORPORATION) 2 655470FAT BOY ENTERTAINMJm'l I NC281-83 E SPRING STCOLUMBUS OHIO 43215

T UJj j!,

TIMEDATE

\"v",g

09 .35.2512/03/09

F .T. I . NUMBER 00-0000000STATUS (ACTIVE OR INACT IVE) nm.cTIVESHARES OUTSTANDING 425.00ACTI VE DATE 09/27/01INACTIVE DATE 11/28/03EXCEPTION CODE TEXT~FER CODE TEXT AND DATE__ TRACY DOSS 425.00 11/ 2 8 / 0: ; INACTIVE PRESIDEN'I

011-, lZO/910 'd SE9-1 om 119 119 ' ,odnS/ lo' IUOJ ,onbl, ' ldOO01 40-wo " wd SI:EO 600Z-EO-ZI

ATTACHMENT 4

ATTACHMENT 4

C011];TY 25 = :fRANKLINTA: :I NG DISTRICT = 044

· , ... ..... ... " ... ,. "...... , ... .. ... , .. . . ............ " ,.... ",... , ,

USER=PIDC003 VIOLAT ION C_~E INQUIRYDATE 12- 03- 09TIME 09 : 34: 21

FAT BOY ENTERTAINMENT INC26554 70 281- 83 E SPRING ST

COLUMBUS OHIO 43215

PVI 09 PAGE 00:

CLASSES- - - - - > Dl DEFUNCTD3 DEFUNCTD3A DEFUNCTD3X DEFUNCTD6 DEFUNCT

TRFOTRFOTRFOTRFOTRFO

CASE REPQRrDATE

LOGDATE

-------V I 0 L A T I ONDATE CODE

DES C ~ I P T I 0 N---- -

*05 01- 31-03 03- 27-0 3 01-31-03 00T2 SALE AND/ OR FURNISHIN(TO A PERSON UNDER 21

07- 08- 03 07-15-03 0418 DOCKET 5714 CASE 12( '/0310- 08-03 11- 04-03 0418 DOCKET 5727 CASE 12('70311-25-0 3 11- 04-03 0311 I N VIOLATI ON NO PENAL ~': IMPOSED11- 25-0 3 11- 04- 03 0227 CASE TERMINATED TJH

"' 04 10-28- 02 10- 28-02 10-28- 02 OOCL TAX PROBLEM SUB H B 2~ 1

01- 06-03 01-0 6-03 OODC FULL RENEWAL CASE DISU ~SED

"'03 10- 16-02 10-16-02 10-1 6- 02 OOCK DEPT OF TAXATI ON DO NCT PROCEED LETTER11- 25- 03 11- 25-03 0227 CASE TERMI NATED DDK

-' 02 01-25-02 04- 25-02 01-25-02 00T2 SAJ"E AND/OR FURNTSHINCTO A PERSON UNDER 21

08- 27- 02 09- 12- 02 0418 DOCKET 5677 CASE 1857 )203-2 1-03 04- 15-0 3 0418 DOCKET 5703 CASE 1 8 ~ 7 )2

05-0 9-03 04- 15-03 0301 COMM ORDERS SUSP 005 DAYS FROM 060303TO 060803 MAILED 0506 ( 3CAN APPEAL TO 052703

05-0 9-03 04- 15-03 0352 COMM ORDERS FINE 0005 (0PAID BY 052703

05-2 9- 03 05-29- 03 0353 FINE PAID 05270305- 29- 03 05-2 9-03 0227 CASE TERMI NATED TJH

( * ~ INACTIVE CASE ) CONTI NUED ON NEXT PAGE I'=N FOR NEXT PAGE

O'l-~ l ZO/ l IO"d 8&9-1 om m 119 "JOdOS/ IOJI"OJ JOObl l "ldOOo I 40-WOJ~ wd81:&O 600Z-&O-Z I

ATTACHMENT 4

ATTACHMENT 4

· , .......... . , ... " "... ... , ..... ... , .. . -.. ... '" ... , " ... ",... , ,

COJr:TY 25 ~ FRANKLINTA- ~ l NG DISTRI CT ~ 044

USER=PIDC003 VIOLATI ON CASE INQUIRYDATE 12- 03- 09TIME 09 :34 : 21

FAT BOY ENTERTAINMENT I NC2655470 281-8 3 E SPRING ST

COLUMBUS OHIO 43215

CLASSES- - - - -> Dl DEFUNCTD3 DEFUNCTD3A DEFUNCTD3x DEFUNCTD6 DEFUNCT

TRFOTRFOTRFOTRFOTRFO

PVI09 PAGE 00:

02-0 1- 02 11- 10- 01 00T2

05-03-02 05- 15-02 041807- 29- 02 08- 14- 02 041811-1 8-02 ] 2-03 - 02 041803-21-03 04-1 5-03 041807-0 8-03 07- 15- 03 041808-05-03 07-15-03 0301

08- 05- 03 07- 15-03 0352

08- 26- 03 08- 26-03 035 3

CASE REPORT LOG ---- ---V I 0 L A T ION D E S C F I P T I 0 N- - - - -DATE DATE DATE CODE

'-01 11-1 0- 01 02- 01- 02 11- 10-01 00T2 SALE AND/OR FURN ISHINc. ;TO A PERSON UNDER 21SALE AND/ OR FURNISHINCTO A PERSON UNDER 21DOCKET 562 CASE 981J2DOCKET 5674 CASE 98t J2DOCKET 568 7 CASE 98102DOCKET 57 03 CASE 98( - 02DOCKET 5714 CASE 98,- 02COMM ORDERS SUSP 005 DAYS FROM 082703TO 090103 MAI LED 0730(3CAN APPEAL TO 082003COMH ORDERS FINE 0010e I)PAID BY 082 003FI NE PAID 08190 3

08-2 6-0 3 08- 26-03 0227 CASE TERMINATED TJH

«««« THIS IS THE fINAL PAGE »»» > VI NQ T:J END TRANSACTION

OV1-, 1ZO/ 810 'd 8£9-1 om m vI9 ' JOdnS/ loJIUOJ Jonb ' l ' ldOOo'40-WO J, wd6 1:£0 600Z-£0-Z I

ATTACHMENT 4

ATTACHMENT 4

. , , " , " " .

NAME AND ADDRESS PGEBDNIGHT CLUB COLUMBUS II~C

-w 1564-6B N HIGB ST Dl':CJ~ & PATIOCOLUMBUS OHIO 4320 J

PERMIT NUMBER - 6411959COUNTY - 25 FRANKLIN CORPORATIONTAXING DI STRICT - 044 COLUMBUSACTIVE VIOLATIONS - F6 TO DISPLAYSUN SALE INFO - FlO TO DISPLAYPROBLEM CODEPROBLEM DATELAST INSPECTION 09/17/93HOLDER BAR CODE

OUTLET NUMBER AC E ~,CY NUMBER

43774B

•-

RESTRICTION

REN REN REN REN RENDISTRIB DISTRIB DISTRIB DISTRIE REFUND

REV REV REV REV REVNO NO NO NO NO10/18/96 10/18/96 10/18/96 10/18/9 i 10/21/96

Cl02 TODAY 12/02/09 T!ME 08:40 :52D1 D2 D3 D3A D6REN REN REN REN REN01/17/96 01/17/96 01/17/96 01/17/96 01/17/96TIMELY TIMELY TIMELY TIMELY TIMELY0036362 U036362 U036362 0036362 U036362$ IB8.00 $ 2B2.00 $ 600 .00 $ 750. 00 $ 250.00

39517D

NONO

39517D

NO

39517D

NO

39517D39517D

CLASSTYPE OF APPLICATIONAPPLICAT ION DATEFIL ING STATUSRECEIPT NUMBERFEE AMOUNTAPPLICATION PENDING DATERENEWAL PENDI NG STATUS NOSITE LOCATION VOTEORIG1NAL ISSUE DATE 09/17/93 09/17/93 09/17/93 09/17/5<3 09/17/93SOURCE OF ORIGINAL I SSUE TRF-QTA TRF-QTA TRF-QTA TRF-QT~ , TRF-QTACURRENT I SSUE DATE 02/01/95 02/01/95 02/01/95 02/01/5 :; 02/01/95MAILING DATETYPE OF ISSUESTATUS OF FEE AMOUNTREFUND AMOUNTPENAL TY RECEI PT NUMBERBUYERSELLERPROCESS FEE S T~TUS

TYPE OF NO ISSUEIS SUED STATUSCANCELLATI ON DATEQUOTA EXEMPT STATUSDISPLAY ANOTHER PERMIT HOLDER // ENTER PERMIT NBR / TRACK-Ill / HIT ENTER KEYTO RETURN TO MENU HIT TBE ENTER

xxxxxxx

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ATTACHMENT 4

ATTACHMENT 4

· "' "' , .... ... . .

CORPORATION INQU IRY PCS15

PERMIT NUMBER (CORPORATION) 6411959NIGHT CLUB eOLtlMBUS me1564-68 N HIGH ST DECK & PATIOCOLUMBUS OHIO 43201

TUBE ellSTIME 16.14.34DATE 12/01/09

F.T .I. NUMBER 00-0000000STATUS (ACTIVE OR INACTIVE) IN1I.CTIVESHARES OUTSTANDING 200.00ACTIVE DATE 09/17/93I NACTIVE DATE 10/18/96EXCEPTION CODE TEXTSTOCK TRANSFER CODE TEXT AND DATE

KEVIN RETTIGROBERT PACUY

100.00 10/18/96 INACTIVE100.00 10/18/96 INACTIVE

OyL-, LIO/OIO 'd 8E9-1 om m Yl9 'JOdnS/ loJ IUOJ Jonb l1 ' ldOO0140-WOJ, wd61:EO 6001-EO-II

ATTACHMENT 4

ATTACHMENT 4

... ... . ...... .... ... . . ... ...... . . , , " , " ", .

CO n TY 25 = FRANKLINTA :I NG DIS TRI CT = 044

USER=PIDC003 VIOLATION CASE I NQUI RYDATE 12-02- 09TIME 08: 58 :01

NIGHT CLUB COLUMBUS I NC6411959 1564 -68 N HIGH ST DECK & PATI O

COLUMBUS OHIO 432 01

CLASSES- - - - -> Dl DEFUNCTD2 DEFUNCtD3 DEFUNCTD3A DEFUNCTD6 DEFUNCT

REVREVREVREVREV

PVI 09 PAGE 00:

CAS E; REPORTDATE

LOGDATE

---- - - - V I 0 L A T I O NDATE CODE

D ES C F I P T I 0 N- - - - -

*15 04- 18-9 6 04- 18-96 04-18- 96 0813 WATCH CARD04-1 8-96 04-1 8- 96 0811 REJECTED REN APPLI(ATION 04189 6

CAN APPEAL TO 05189605-1 4-96 05- 09- 96 0320 APPEAL TO COMM05- 14- 96 05- 09-9 6 0418 DOCKET CASE 891' 9G05-20-96 05-17 - 96 0312 COMM I SSUES STAY ORDEr ~S OF 05179 608-11 - 97 08-08-97 0326 COMM AFF I RMS DEPARTMEt T~ DECISI ON10- 28- 97 10- 07-97 0325 NO APPEAL FILED10-27-97 10- 07- 97 0227 CASE TERMINATED CH10-29- 97 10-28-97 0227 CASE TERMINATED JY

14 03- 01-96 03- 05-96 03-01-96 00V9 IMPROPER CONDUCT NOT CO.'EREDBY ABOVE

03-05-96 03- 01-96 00X1 INSANITARY CONDITIONS tn T COVERED ABOVE03-05-96 03-01- 96 OOTO I NSAN I TARY CONDIT IONS to HOT AND /OR

COLD RUNNING WATER03- 05-96 03-01-96 OOS2 I NSANI TARY CONDI TIONS 3,)LI D DEBRI S AND

I NSECTS IN BOTTLE10- 01-96 09-10-96 0418 DOCKET 5418 CASE 1473','609-30-96 09-10-96 0363 NUMEROUS TI CKETS ON O~~ CASE09-30 -96 09-10-96 0305 COMM ORDERS REVOCAT I ON ; \.5 OF 10179 6

MAILED 092696CAN APPEAL TO 101796

13 03-01-96 03-05-96 03-01-96 00X1 INSAN ITARY CONDI TI ONS ,:reT COVERED ABOVE

(* ~ INACTIVE CASE ) CONTI NUED ON NEXT PAGE f>:N FOR NEXT PAGE

OVl-, l ZO/I ZO'd 8E9-1 om m v19 · J B d n S/ I O J 1 U O ~ JOnb l1 ·ldBO0140-WOJ, wd61 :EO 600Z-EO-Z l

ATTACHMENT 4

ATTACHMENT 4

· , , ,.

C(IHTY 25 = FRANKL I NT~ X [NG DIS TRICT ~ 044

USER=PIDC003 VIOLATION CASE INQUIRYDATE 12-02~09

TIME 08 : 58 : 01NIGHT CLUB COLUMBUS I NC

6411959 1564- 68 N HIGH ST DECK & PATIOCOLUMBUS OHIO 43201

CLASSES- - - - -> D1 DEFUNCTD2 DEFUNCTD3 DEFUNCTD3A DEFUNCTD6 DEFUNCT

REVREVREVREVREV

PVI09 PAGE OC

LOGDATE

09-30-9609-30- 9609- 30- 96

REPORTDATE

----- - - V I 0 L A T I ON D E S C Il I P T I 0 N- --- -DATE CODE

09-10-96 0418 DOCKET 5418 CASE 14 7J 9609- 10- 96 0363 NUMEROUS TI CKETS ON O-IT: CASE09- 10- 96 0305 COMM ORDERS REVOCATIO ·) AS OF 101796

MAILED 092696CAN .A.PPEAL TO 10179 6

12 12-29-95 01-02- 96 12-29-95 00C5 RENEWAL OBJECTION SCB ;I'ULE HEARING01-2 9- 96 01-25-96 0259 DEFT HEARI NG SCHEDULE ~ 022396

TO BE HELD AT 25044 \1 J PB02-08 -9 6 02-06- 96 0259 DEPT HEARING SCHEDULE ' 030896

TO BE HELD AT 25044 J 'f JPB

C.A.SE

11 10- 21- 95 10- 24-95 10-21- 95 00T2 SALE AND/OR FURNI SHU1'l ;TO A PERSON UNDER 21

11- 21-95 12-05-95 0418 DOCKET 5391 CASE 1 9 -:S· :~ 5

02-07 -96 02-27 - 96 0418 DOCKET 5396 CASE 1 9 : ~ 9 5

03- 05- 96 02-27-96 0305 eOMM ORDERS REVOCATIOI ' i\S OF 050396MAILED 030196CAN APPEAL TO 032296

03- 26- 96 03- 14-96 0400 APPEAL REQUESTED TO eC M PLEASCOUNTY NUMBER IS 25

07- 18- 96 07- 17- 96 0409 COM PLEAS IS SUE S STAY O,<DER AS OF 0502 96

10 10- 21- 95 10-24 -95 09- 28-95 0001 IMPROPER CONDUCT ILLEC h ~ SALE AND/ORPOS SESSION OF DANGERO~ S DRUGS

10-24- 95 09- 28-95 0001 IMPROPER CONDUCT ILLECI'. :, SALE AND/OR

(* INACTIVE CASE ) CONTINUED ON NEXT PAGE P=N FOR NEXT PAGE

OvL-, LZO/ ZZO' d 8E9-1 om VV9 ns 'JOdnS/ loJIUOJ Jonbl l ' ldOO oI40-WOJ, wd61 :EO 600 Z-EO-Z I

ATTACHMENT 4

ATTACHMENT 4

· ~ ~ .

CO )l lTY 25 ; FRANKLINTAC:NG DISTRrCT = 044

REVREVREVREVREV

USER=PI DC00 3 VIOLAT ION CASE I NQUIRYDATE 12-02-09TIME 08 ; 58 ;01

NIGHT CLUB COLUMBUS I NC6411959 1564- 68 N HIGH ST DECK & PATIO

COLUMBUS OHI O 432 01

CLASSES- - - - -> D1 DEFUNCTD2 DEFUNCTD3 DEFUNCTD3A DEFUNCTD6 DEFUNCT

PVI09 PAGE 00

CASE REPORTDATE

LOG - - - - - - -V I 0 L A T I O NDATE DATE CODE

D ES C r I P T I 0 N- - - - -

POSSESSION OF DANGER~ r~ DRUGS11-2 1-95 12-05-95 0418 DOCKET 5391 CASE 19>';3502-07-96 02- 27- 96 0418 DOCKET 5396 CASE 19 :,('9511-25-96 12-03-96 0418 DOCKET 5433 CASE 1 9 ~ , (;95

05-21-97 12-03-96 0305 COMM ORDERS REVOCATIOl xs OF 060697MAILED 051 697CAN APPtAL TO 060697

09 09- 16- 95 09- 20- 95 08-2 2-95 OOBG SALE AT REDUCED PRICE~ Pl.FTER 9 P.M.11-21- 95 12-05-95 0418 DOCKET 539 1 CASE 1 9 ~ 7 9 5

02- 07- 96 02-27 -96 041 8 DOCKET 539 6 CASE 19: 79511-25-96 12-03-96 0418 DOCKET 5433 CASE 19:79605-22- 97 12- 03-96 0305 COHM ORDERS REVOCATIOt AS OF 060697

MAILED 051697CAN APPEAL TO 060697

08 08-04-95 08-08-95 08-04 -95 00T2 SALE AND/ OR FURNISHINCTO A PERSON UNDER 21

11-21-95 12-05-95 0418 DOCKET 5391 CASE 19: ;:,:1502- 07- 96 02- 27- 96 0418 DOCKET 5396 CASE 19:,'': ~1 5

03-05-96 02-27-96 030 5 COMM ORDERS REVOCATIOJ.\ .:,s OF 050396MAILED 030196CAN APPEAL TO 0322 96

03-26-96 03- 14-96 0400 APPEAL REQUESTED TO C( '1 PLEASCOUNTY NUMBER I S 25

07- 18- 96 07-16-96 0409 COM PLEAS I SSUES STAY )iiDER AS OF 050296

(* INACTIVE CASE) CONTI NUED ON NEXT PAGE P=N FOR NEXT PAGE

O ~L - , LZO/£ZO'd 8£9-1 om m ~ 19 ' J. dnS/ IOJ\UOJ Jonb'l ' \d.Oo'40-WOJ, WdOZ: £O 600Z-£O-ZI

ATTACHMENT 4

ATTACHMENT 4

· , " .. , ." , , ", ", , ,

CCJHTY 25 ~ FRANKLI NTA ~: .:NG DIS TRICT = 044

USER=PIDC003 VIOLATION CASE INQUIRYDATE 12-02-09TIME 08 :58 :01

NIGHT CLUB COLUMBUS I NC6411959 1564- 68 N HIGH ST DECK & PATIO


CLASSES - - - - - > D1 DEFUNCTD2 DEFUNCTD3 DEFUNCTD3A DEFUNCTD6 DEFUNCT

REVREVREVREVREV

PVI09 PAGE 00

CASE REPORT LOG - -- - ---VDATE DATE DATE

10- 21- 96 09- 04- 9610- 18- 96 09-04-96

07 03-11- 95 03- 14- 95 03-1 0- 95

03- 14-95 03-10-95

08-24-95 09- 12- 9511- 21-95 12-05-9502- 07- 96 02-2 7-9603- 05-9 6 02-2 7-96

03-2 6-9 6 03- 14-9 6

07- 18-96 07- 17-9610-21 -96 09-04-9610-18-96 09-04 -9 6

06 02-0 4- 95 02- 15- 95 02-04 -95

02- 15-9 5 07-0 4-95

06- 13-95 07-11 -9509-05-95 09-26-9511- 21-95 12- 05-95

I 0 L A T I O N D E S C J: I P T I 0 N-----CODE0413 COM PLEAS DISMISSES A'F'EAL0421 STAY ORDER I S DISSOLV;;I'

00T2 SALE JI.ND!OR FURNlSHIN iTO A PERSON UNDER 21

00J5 PERMIT NOT POSTEDIN CONSP ICUOUS PLACE

0418 DOCKET 537 7 CASE 12 :: 950418 DOCKET 5391 CASE 12 :~950418 DOCKET 5396 CASE 1 2 : ~ ~5

0305 COMM ORDERS REVOCATIOll AS OF 05039 6MAI LED 030196CAN APPEAL TO 032296

0400 APPEAL REQUESTED TO c«: PLEASCOUNTY NUMBER I S 25

040 9 COM PLEAS IS SUES STAY ORDER AS OF 0502 960413 COM PLEAS DISMISSES AJ~~AL

0421 STAY ORDER I S DI SSOLVI:

OOAK IMPROPER ADVERTIS INGENCOURAG ING EXCESSIVE DUNKING

OOK9 GIVING AWAY BEER OR n nx LIQUOR INCONNECTION WI TH OPERATDN OF BUSI NESS

0418 DOCKET 5371 CASE 921950418 DOCKET 5380 CASE 921950418 DOCKET 5391 CASE 921(;:;

(* INACTIVE CASE) CONTINUED ON NEXT PAGE P=N FOR NEXT PAGE

O~L- ~ LZO/~ZO ·d 8£9-1 om m ~19·JOdnS/ loJjUoJ Jonbl l ·jdOOOI 40-WOJ~ WdOZ: £O 600Z-£O-Z I

ATTACHMENT 4

ATTACHMENT 4

· , " .. , ." , , ", ", , ,

ccrrrrr 25 = FRANKLI NTll';: ENG DI STRI CT = 044

USER=PIDC003 VIOLATION CASE I NQUI RYDATE 12-02-09TIME 08 :58 :01

NIGHT CLUB COLUMBUS INC6411959 1564-68 N HIGH ST DECK & PATIO


CLASSES- - - - -> D1 DEFUNCTD2 DEFUNCTD3 DEFUNCTD3A DEFUNCTD6 DE FUNCT

REVREVREVREVREV

PVI09 PAGE 00

CASE REPORT LOG - ------ VDATE DATE DATE

02- 07- 96 02- 27- 9603-05- 96 02-21- 96

03- 26-96 03- 14- 96

07-2 6- 96 07-2 5-9 6

I 0 L A T I O N DE S C I: I P T I 0 N--- - -CODE -0418 DOCKET 53 96 CASE 92 . ~ 15

0301 COMM ORDERS SUSP 005 DAYS FROM 04289 6TO 050396 MAI LED 0301" [CAN APPEAL TO 032296

0400 APPEAL REQUESTED TO O )!, - PLEASCOUNTY NUMBER IS 25

0409 COM PLEAS IS SUES STAY CRDER AS OF 031496

05 01- 21- 95 01- 24-95 01- 20- 95 00T2 SALE lIND/ OR FURNI SHI NI :TO A PERSON UNDER 21

06-1 3-95 07-11 -95 0418 DOCKET 5371 CASE 91' ,:;509-05-95 09-2 6- 95 0418 DOCKET 5380 CASE 91' ,S511- 21- 95 12- 05- 95 0418 DOCKET 53 91 CASE 91' S502-07 -96 02- 27-96 0418 DOCKET 5396 CASE 911, ?503-0 5-96 02-2 7-9 6 0301 COMM ORDERS SUSP 030 DAYS FRC~ 032996

TO 04289 6 MAILED 0301~ 5

CAN APPEAL To 03229603-26-9 6 03-14-96 0400 APPEAL REQUESTED TO cee·] PLEAS

COUNTY NUMBER IS 2504- 08- 96 04-0 3- 96 0409 COM PLEAS ISSUES STAY 01DER AS Of 0328 9610-1 8- 96 09-0 4- 96 0413 COM PLEAS DISMISSES AI P.::AL

10-18-96 09- 04-96 0421 STAY ORDER IS DISSOLVE )

*04 02-0 6-94 02-08-94 02-05-94 00T2 SALE AND/OR FURNISHINGTO A PERSON UNDER 21

(* = I NACTIVE CASE) CONTI NUED ON NEXT PAGE P=N FOR NEXT PAGE

O ~L-~ LZ O/SZO-d 8£9-1 om m ~ 19-JOdnS/ loJIUOJ Jonb ll ' ldOOoI 40-WOJ~ WdOZ: £O 600Z-£O-Z I

ATTACHMENT 4

ATTACHMENT 4

· " , , ", " "... ... . .

CeU'ITY 25 = FRANKLINTl XING DISTRICT = 044

USER=PIDC003 VIOLAT ION CASE I NQUIRYDATE 12- 02- 09TIME 08 :58 :01

NIGHT CLUB COLUMBUS INC6411959 156 4-68 N HIGH ST DECK & PATIO


CLASSES- - - - - > D1 DEFUNCTD2 DEFUNCTD3 DEFUNCTD3A DEFUNCTD6 DEFUNCt

REVREVREVREVREV

PVI09 PAGE DC

CASE REPORTDATE

LOGDATE

02-22-9 502- 22- 95

-------V I 0 L A T IO N D E S C 1: I P T I 0 N- --- -DATE CODE

11-23-94 0210 DISMISSED- CITATI ON EUU:AU02- 21-95 0227 CA$E TERMI NATED TJS

*03 02-06- 94 02-08 -94 02- 05-94 00T2 SALE AND/ OR FURNISHIN ;TO A PERSON UNDER 21

10- 26- 94 11- 01- 94 0418 DOCKET 5344 CASE 15 '« 9412-01-94 12-13 -9 4 0418 DOCKET 5349 CASE 15 ':;: 9401-2 5-95 01-31- 95 0418 DOCKET 5353 CASE 15,,:;: 9403- 27-95 04-0 4- 95 0418 DOCKET 5362 CASE 15,':<3405-1 5- 95 06- 06-9 5 0418 DOCKET 5368 CASE 1 5_ ';~94

09-1 5- 95 06-06- 95 0301 COMM ORDERS SUSP 020 DAYS FROM 100995TO 102995 MAILED 09 1 1 ~ S

CAN APPEAL TO 10029509- 15-95 06- 06-95 0352 COMM ORDERS FI NE 4000 ( 0

PAID BY 10029510-16-95 06- 06- 95 0341 AMENDED COMM ORDER

10-16-95 06- 06- 95 0301 COMM ORDERS SUSP 020 DAYS FROM 110995TO 112995 MAILED 1012~r j

CAN APPEAL TO 110 29510-16-95 06-06-95 0352 COMM ORDERS FINE 4000('G

PAID BY 11 029510-18- 95 06-0 6-95 034 1 AMENDED COMM ORDER10- 18- 95 06-06-9 5 0301 COMM ORDERS SUSP 020 DAYS FROM 11 0995

TO 112995 MAILED 101295CAN APPEAl TO 110295

(* = INACTIVE CASE) CONTINUED ON NEXT PAGE P:=N FOR NEXT PAGE

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3 Arrested During Grand Opening Of Adult ClubMarch 01, 2007

Drugs, weapons and suspected prostitutes were found at a bar on the city's south side, police said.Now, three people are under arrest. The grand opening of adult club Allure was scheduled for 8 p.m.with a VIP party, NBC 4's Tacoma Newsome reported. B... »

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KROME NIGHTLIFE(614) 224-9972283 E Spring StColumbus, OH 43215Neighborhood: Downtown ColumbusLast updated 9.23.08

Category: Bars & Pubs, Bars & Clubs

Category:Bars & Pubs, Bars & Clubs

Bar & Club Type of Music:Funk, Soul & R&B, Hip-Hop &Rap

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Krome Nightlife - Columbus, OH, 43215 - Citysearch http://columbus.citysearch.com/profile/35712844/columbus_oh/...

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ATTACHMENT 9

Columbus Dispatch (Ohio)

December 19, 1999, Sunday POLICING THE POLICE DIVISION RESPONDS INCONSISTENTLY TO MULTIPLE COMPLAINTS AGAINST OFFICERS BYLINE: Mark Ferenchik and Jodi Nirode, Dispatch Staff Reporters SECTION: NEWS, Pg. 8A LENGTH: 1588 words

If federal prosecutors went looking for problem officers in the Columbus Di-vision of Police, they spotted some names time and again in complaints from citizens.

Eleven officers were the subject of five or more citizen complaints between 1992 and 1996. But the Department of Justice's case alleging a pattern of abuses likely will be built on more than just that group.

In fact, 318 officers had at least one citizen complaint during that period, and 107 officers had two or more complaints, according to a Dispatch analysis of cases known to have been reviewed by the Justice Department.

The federal government's suit is based on "a pattern and practice of subject-ing individuals to excessive force, false arrests and charges, and improper searches and seizures."

The suit also charges that the city of Columbus has tolerated the misconduct of individual officers.

Justice Department officials won't comment on what exactly led them to those conclusions.

Citing the lawsuit, Capital City Lodge No. 9 of the Fraternal Order of Police told officers not to comment.

But Bill Capretta, president of the union representing more than 1,700 Colum-bus officers, said a high number of complaints doesn't necessarily indicate a bad apple. In fact, officers who fail to receive a complaint once in a while probably aren't going all-out to fight crime.

"Some officers are more aggressive, out doing what we all hope they're doing: trying to be crime-prevention agents," Capretta said.

One of the officers with a high number of complaints, Richard A. Hilsheimer II, last week received an officer of the year award from a South Side community group.

Police divisions are no different from other agencies and businesses, Ca-pretta said. "Every profession has bad apples -- guys who don't care."

A 1998 national study found that problem officers "tend to be a small minor-ity who taint entire police departments but are protected, routinely, by the si-lence of their fellow officers and by flawed systems of reporting."

Human Rights Watch, a worldwide nonprofit organization investigating human- rights abuses, published a report last year on police brutality and accountabil-ity in the United States after studying 14 cities. Columbus was not examined.

ATTACHMENT 10

POLICING THE POLICE DIVISION RESPONDS INCONSISTENTLY TO MULTIPLE COMPLAINTS

AGAINST OFFICERS Columbus Dispatch (Ohio) December 19, 1999, Sunday

"Those who claim that each high-profile case of abuse by a 'rogue' officer is an aberration are missing the point: Problem officers frequently persist because the accountability systems are so seriously flawed," the report said.

Officer in trouble

Police knew they had a problem officer in Michael S. Armentrout, who resigned in March 1996 after less than three years on the job. In that time, nine citi-zens filed complaints about his conduct in the incidents reviewed by The Dis-patch.

Armentrout now works as an embalmer in northwestern Ohio.

After reviewing an internal investigation report on Armentrout, acting Deputy Chief Larry Rod wrote in June 1996 that the officer exhibited a "distinct pat-tern of rudeness and poor decision-making" and consistently displayed a poor at-titude while being counseled.

Yet police sustained only one complaint against Armentrout -- for rudeness. Police also found that he violated policies and procedures in two other inci-dents -- one for transporting a felon alone, the other for filing a disorderly-conduct charge against a woman when obstruction was more appropriate.

He was never suspended.

Among the accusations leveled at Armentrout:

* After responding to a call at Motel One on E. Main Street in April 1994, Armentrout made inappropriate remarks about homosexuals, witnesses said. When ordering one man off the property, Armentrout also asked three men, "Who's doing what to who?" Police supervisors did not sustain the complaint.

* In a well-publicized case, the city paid North Side residents Carl and Edna Gray $ 33,750 to settle a lawsuit over a December 1995 incident involving Armen-trout. The officer stopped the couple's van while responding to a call about loitering youths. Mrs. Gray became involved in an argument with Armentrout, who arrested her and charged her with disorderly conduct and resisting arrest -- charges that later were dropped.

Armentrout did not return several phone calls to his home seeking comment about his history with the Police Division.

Highest complaint tally

The officer with the most citizen complaints in the cases analyzed by The Dispatch was Donald Hoar, a 10-year veteran of the division.

Ten formal complaints were filed against Hoar, according to the Dispatch analysis. The division upheld two of them.

Laniqua Felder vividly remembers one of those incidents.

In July 1996, Hoar and Officer Carl Booth forced their way into Felder's apartment on Mount Vernon Avenue looking for her brother, who police said had threatened someone. She had denied them entry after they tried to talk their way in for 30 to 45 minutes, she said. They had no warrant.

Hoar and Booth held her for about 15 minutes, threatening to take her to jail, according to the complaint Felder filed with police. Booth said, "No one leaves or enters your home."

They then apologized and left.

After she filed her complaint, the officers received written reprimands for entering her home even though she repeatedly denied permission.

ATTACHMENT 10



They also received written reprimands for violating division rules on ar-rests, searches and seizures, with the report indicating a concern that the of-ficers may have violated Felder's constitutional rights against unreasonable search and seizure.

As it turned out, her brother, Derron Felder, was hiding in a closet, Felder said. He was later arrested and convicted of aggravated robbery; he was charged with being a lookout during a robbery involving marijuana and money, in which 34-year-old Randy Amos of the East Side was killed.

But Felder said her rights, not her brother's actions, were the point.

"They should have had the proper search-and-seizure warrants."

Complexities of race

Sgt. Kevin Bayless illustrates the paradox of officers with complaints as well as compliments.

Bayless had five complaints from 1992 to 1996. None was sustained.

In his 20 years on the force, Bayless has trained officers at the police academy. His personnel file contains numerous compliments from citizens.

Two of the complaints filed against him came from the owner and an employee of the former B.K. Flyers bar at 1564 N. High St., near Ohio State University.

No one address generated more complaints against police -- six arising from five incidents between 1992 through 1996 -- than the nightspot, which attracted a largely black clientele.

Owner Tracy Doss complained that Bayless was rude and intimidating while closing down the bar for the night in August 1995 after several fights. Doss complained that Bayless yelled at employees and ordered the club closed -- un-justly, Doss said, because the fights were merely "minor disturbances."

During an internal affairs interview, Bayless, who is black, estimated that while 90 percent of the patrons of most campus-area bars are white, about 80 percent of those who frequented B.K. Flyers were black.

Asked by an internal affairs officer whether the enforcement at B.K. Flyers could be construed as racially motivated, Bayless said, "No."

"Some people might want to draw that conclusion because it is the only pre-dominantly black bar in the strip, but unfortunately that's where we have our most violent type of problems."

Bayless told the internal-review officer that the bar drew gang members on Tuesday nights. It later lost its liquor permit and had to close permanently.

Early-warning system

The Police Division has an early-warning system that raises a red flag when an officer receives three complaints within 12 months. Supervisors automatically review such officers.

"It doesn't mean they're bad," Capretta said. "It's strictly a warning sys-tem."

The flag went up in April 1992 on Officer Thomas Joyner, the subject of six complaints in the Dispatch analysis. Joyner's supervisor reviewed the three com-plaints filed within 12 months and determined that no pattern was developing nor was any problem with Joyner and his "work ethics."

However, Joyner was involved in two of five citizen complaints in the OSU area in 1992 referred by patrol supervisors to the internal affairs bureau. The

ATTACHMENT 10



supervisors were concerned about a possible "pattern of misconduct" involving officers mistreating citizens or prisoners.

After conducting five surveillances on officers, internal affairs reported that it saw no misconduct by campus-area police.

Police flagged Armentrout, too. In fact, after he was exonerated for using a woman's cellular phone during a traffic stop, police noted that Armentrout had received an "inordinate" number of citizen complaints.

A sergeant recommended that Armentrout view the training films High Stress Speaking and Courtesy and attend mandatory psychological evaluation sessions.

Even if poor policing becomes an issue, it should remain a local problem in-stead of a federal one, said James E. Phillips, the attorney representing the Columbus police union.

That philosophy drew a rebuke from John Crew, director of the Police Prac-tices Project of the American Civil Liberties Union of Northern California. He said the FOP's stance brings to mind the arguments made by Southern law-enforcement agencies 40 years ago in response to concerns about treatment of blacks.

"It's chilling to hear such rhetoric," he said. LOAD-DATE: December 20, 1999 LANGUAGE: ENGLISH GRAPHIC: Phot, Tim Revell / Dispatch Laniqua Felder shows how Columbus police allegedly forced their way into her apartment without permission or a search warrant. They were looking for her brother, who was later found and convicted on a charge of aggravated robbery

Copyright 1999 The Columbus Dispatch

ATTACHMENT 10

CITING FIGHTS, OTHER VIOLATIONS, CITY WILL TRY TO CLOSE THREE BARS Columbus

Dispatch (Ohio) December 11, 1995, Monday


December 11, 1995, Monday CITING FIGHTS, OTHER VIOLATIONS, CITY WILL TRY TO CLOSE THREE BARS BYLINE: Barbara Carmen<Dispatch Staff Reporter SECTION: NEWS LOCAL & NATIONAL, Pg. 6D LENGTH: 690 words

The way Marty Yetzer tells it, he runs a clean bar on the strip of N. High Street where Columbus police have declared a war zone.

But police, who he says drop by 20 to 30 times a night, see it differently. Tonight, Columbus City Council, armed with hundreds of legal citations, will vote to block the renewal of three liquor licenses.

Two of the bars - Yetzer's Coed's Dance Hall, 1570 N. High St., and B.K. Fly-ers, 1564 N. High St. - are near the Ohio State University campus. The third, the Silver Fox Lounge, is at 2986 Sullivant Ave. on the West Side.

The Ohio Department of Liquor Control gets the final say when it votes on re-newals in February. But Columbus City Attorney Ron O'Brien has appointed a spe-cialist to argue city liquor cases and predicts the bars will be closed.

Two years ago, neighborhood groups began lobbying for the council to object to problem liquor licenses in areas saturated with bars. Since then, City Coun-cilman Matt Habash has instructed Columbus police to keep scrupulous records.

''We have to take aggressive action,'' said Habash, who oversees the council safety committee.

That's what worries Yetzer, president of Coed's. He said the city never told him it was considering objecting to his license renewal. In fact, he said, he asked police last week if his bar was considered a nuisance and was told it was-n't.

''This really takes me by surprise,'' he said.

Police, however, say Coed's is a problem. Charges over the past two months include two liquor sales to minors, and a couple of fights and disorderly con-duct charges.

B.K. Flyers, which became notorious for protests by Mayor Greg Lashutka and animal rights groups over matches between a wrestling bear and drinking college students, has had more serious charges, including five sales to minors and 11 disorderly conduct citations since October.

''You've got to put this in perspective,'' Yetzer said. ''We get an average of 500 people through the door each night.''

Nightly, Yetzer said, he sends employees out to sweep trash from the entire block. A citywide employment shortage has hurt his ability to find good help, he says. As a result, some underage kids have managed to get in.

He said he definitely feels hounded by police, who consider drinking a top problem in the area.

''They're sacrificing safety for enforcement, Yetzer said. ''For the amount of volume, we hardly have any fights.''

ATTACHMENT 10

CITING FIGHTS, OTHER VIOLATIONS, CITY WILL TRY TO CLOSE THREE BARS Columbus

Dispatch (Ohio) December 11, 1995, Monday

The Silver Fox bar has been cited for soliciting patrons and soliciting for prostitution, according to a police memo.

In other business tonight, the council will:

Pay $ 625,000 to settle a 1992 lawsuit by the family of Richard Williams, who lost consciousness and died after he was hogtied in the Franklin County Jail. Franklin County will pay the rest of the $ 2.5 million settlement.

Hire engineers to design a street lighting system for German Village. Ralph and Curl Engineers was the low bidder. City Utilities Director James Joyce said most residents want the lights, which currently are on only High Street and Livingston Avenue.

Joyce said residents will likely have to pay if they want special decorative lighting.

Extend a contract through March with the Riverfront Commons Corp., a non-profit group charged with shepharding development of parks, businesses and hous-ing along the Downtown waterway. The group, which has yet to spend its full 1995 budget, would get no additional money with the extension.

Consider a controversial zoning that would permit one- and two-bedroom apart-ments on 10 acres at 6099 Godown Rd. The area is close to Don Scott Field, prompting objections by both the city Development Commission and city officials.

Applicant Triangle Real Estate Services will argue its case for seven build-ings with no more than 16 units each on a landscaped site.

Vote to renew six leases with farmers and tenants who rent city property bought for use as water treatment plant sites or well fields. Much of the land was bought years ago, city water administrator John Doutt said. Rather than let the property sit unused, the city receives thousands of dollars in rent each year. LOAD-DATE: December 12, 1995 LANGUAGE: ENGLISH


ATTACHMENT 10


January 12, 1995, Thursday CITY AGAIN TACKLES LAW TO END WRESTLING BEAR ACT BYLINE: Barbara Carmen, Dispatch City Hall Reporter SECTION: NEWS LOCAL & NATIONAL, Pg. 8C LENGTH: 564 words

Columbus city leaders again are trying to ban such animal acts as diving mules, boxing kangaroos and wrestling bears.

A public hearing on an ordinance that would amend the city's animal cruelty law to spell out forbidden animal acts is slated for 5 p.m. next Thursday.

A council vote on the matter is scheduled for Jan. 23.

On one side are animal-rights activists. On the other are some animal owners who brand the government involvement as unnecessary, politically motivated and destined to be struck down in court.

''I've watched these acts. It's exploitation. It's insane,'' said Bill Long, deputy director of government affairs for the Humane Society of the United States. ''It's degrading and disgusting.''

But Polly Ward, an officer with the Ohio Association of Animal Owners, said numerous opponents plan to pack the hearing.

''Two groups will be economically hurt if this goes through,'' Ward said. ''One is the animal act, which would be shut down. The other is Columbus City Council, which will have to pay an attorney. This law will be challenged in court, and it will be struck down.''

The stronger law has been in the works since November 1993, when Long asked Columbus Mayor Greg Lashutka to stop the performances of Ceasar the Wrestling Bear at an Ohio State University-area bar.

Each night, hundreds paid a $ 3 cover charge to watch the bear wrestle chal-lengers who paid $ 10 for the chance to win $ 1,000 from Ceasar's owners - World Animal Studios of Columbia Station, Ohio - if they were strong enough to pin the bear.

Lashutka asked the city health commissioner to find a law to end the bear act, but it was legal.

Since then, the 12-year-old bear, which stands 7 feet, 6 inches and weighs about 900 pounds, has returned to town periodically.

Banning such acts is a health, safety and welfare issue, Lashutka said.

''I think we have an abundance of entertainment in our city, and I don't think demeaning wildlife for someone's amusement, particularly in a bar, makes a lot of sense,'' he said. ''It's a matter of respect for the animal and a recog-nition that'' someone could be injured.

An amendment to tighten the city's cruelty-to-animals law was to come to the council a year ago, but it was reworked.

ATTACHMENT 10

CITY AGAIN TACKLES LAW TO END WRESTLING BEAR ACT Columbus Dispatch (Ohio)

January 12, 1995, Thursday

''It's just taken time,'' Long said. ''That's not unusual with this type of legislation. Officials have other things to work on.''

According to a council background sheet, the amendment ''prevents the display of animals such as diving equine, wrestling bears, boxing kangaroos or any other animal act where wild, exotic or nondomestic animals would come into contact with any person other than the animal trainer or handler.''

Zoos, horse shows, circuses and the like are exempt.

But Ward said the proposed law still exceeds the city's powers.

''City council already has statutes to guard against public endangerment. This is nothing more than an animal-rights issue. It is just totally unneces-sary,'' Ward said.

Ritchie Laymon, spokeswoman for Protect Our Earth's Treasures, said the law would protect the public.

''These (promoters) target the campus bars where young people hang out. They're looking for men who wear their testosterone on their sleeves,'' Laymon said. ''One student told me the bear rolled over on him and he couldn't breathe. He had a serious moment of panic, and people were laughing.'' LOAD-DATE: January 13, 1995 LANGUAGE: ENGLISH


ATTACHMENT 10


January 22, 1994, Saturday BEAR WRESTLING WILL BE THING OF PAST IF CITY CODE IS REVISED BYLINE: Brent LaLonde; Dispatch Staff Reporter SECTION: NEWS LOCAL & NATIONAL; Pg. 4B LENGTH: 458 words

Over the years, novelty animal acts such as Ceasar the Wrestling Bear have come to Columbus over the objections of city officials and animal-rights activ-ists.

With no laws on the books to prevent such exhibitions, about the only thing officials could do was grin and bear it.

That could change if a new animal-cruelty law is enacted by Columbus City Council. The change is in a proposed revision of the city code's animal section.

The revised section - written by Dr. William Gesel, city veterinarian, and OK'd by Health Commissioner William C. Myers - would prohibit ''diving equine, wrestling bears, boxing kangaroos or other similar novelty acts'' from perform-ing in Columbus.

It also calls for stiffer penalties for those who abuse animals and would create an Animal Review Board to hear cases of animal attacks and rule on vi-cious or dangerous animals.

The revision in the code was given to City Council this month, and it may be introduced as an ordinance in February, said council spokesman Clyde Huffman. The council may have a public hearing on the proposal.

''We are very much in favor of it,'' said Gerri Bain, executive director of the Capital Area Humane Society.

''A lot of the exotic animals who have come, like Ceasar the Wrestling Bear, have been concerns for the Humane Society for many years. This ordinance will tighten all of that up.''

Ceasar, an 11-year-old bear standing 7 feet 6 inches tall and weighing 700 pounds, was featured at a bar near Ohio State University last fall. Hundreds paid a $3 cover charge to watch the bear wrestle several patrons at $10 a match. Owner Sam Mazzola of Columbia Station, Ohio, offered $1,000 to anyone who could pin Ceasar.

Owners of B.K. Flyers Nite Club, 1594 N. High St., canceled the shows one week after Mayor Greg Lashutka asked Myers to find a way to stop the act.

Gesel said he has been working on a revised animal-cruelty law for about a year. It is the first major renovation of the animal code in at least 30 years.

''Ceasar was one of the reasons that prompted this,'' Gesel said.

But the proposal goes deeper than that. ''Some of the things that were proper in the 1960s aren't proper anymore,'' he said. ''The entire code was due for an overhaul.''

ATTACHMENT 10

BEAR WRESTLING WILL BE THING OF PAST IF CITY CODE IS REVISED Columbus Dispatch

(Ohio) January 22, 1994, Saturday

The code revision, which classifies cruelty to animals as a first-degree mis-demeanor, would help the Health Department, Gesel said.

''It will help us get results. We don't want to prosecute anybody, but we do want results. This will act as a deterrent.''

The Ohio Association of Animal Owners, based in Delphos, Ohio, thinks the re-vision in the code is too strict, said spokeswoman Polly Ward.

''It bothers me when they try to shut down a business because they don't like it,'' she said. LOAD-DATE: June 30, 1994 LANGUAGE: ENGLISH


ATTACHMENT 10


November 23, 1993, Tuesday U.S. PUBLIC EDUCATION; IS A FAILED MONOPOLY SECTION: EDITORIAL & COMMENT; Pg. 8A; LETTERS TO THE EDITOR LENGTH: 436 words

I'm frustrated and depressed. That's why I'm writing. Today, at the market, I requested cheese to be sliced a quarter-inch thick. The young man asked me to show him, because he didn't know what a quarter of an inch represented.

Yesterday, at the lumberyard, I requested a 2-by-6-inch board 72 inches long. The young man had to ask me how many feet that was, because he didn't have the slightest idea.

Some of us are sick and tired of reading in the newspaper about another study on why our educational system doesn't educate. Why isn't something done about it?

Current school policies remove all incentives for achievement, and to suggest giving diplomas to those who flunk is a good example of the direction our schools are taking us. Let's get rid of the people responsible for this. Let's take our schools back. Problems are best solved at the local level, with indi-vidual initiative.

It's time to give parents some real choice. What we have in the case of Amer-ica's public school system is a failed monopoly. We need to break it up and fos-ter competition.

The voucher system is an idea whose time has come. We've had 30 years of de-cline. Enough is enough.

Dale S. Poundstone

Worthington

Mayor's ruling on bear

humane, compassionate

I read with interest and great pride the comments of Columbus Mayor Greg Lashutka regarding the recent wrestling-bear controversy near Ohio State Univer-sity (Dispatch, Nov. 13).

It isn't often a politician will insert himself into the middle of a seem-ingly insignificant and (in the minds of some people) no-win political issue. Perhaps the kind of selfless act Lashutka demonstrated is so often avoided by modern politicians, because they have lost sight of a vision for compassionate leadership, a vision that is so needed in today's fractured society.

There are those people, such as campus bar owner Tracy Doss, who will ask whether the mayor doesn't have more important matters to attend. Most assuredly, there are more prominent issues crossing the desks of leaders such as Lashutka every minute of each day. But when political leaders choose to ignore questions of humane needs and, instead, seek out avenues of political expediency, then, I fear we have all begun to lose our way.

ATTACHMENT 10

U.S. PUBLIC EDUCATION;IS A FAILED MONOPOLY Columbus Dispatch (Ohio) November 23,

1993, Tuesday

In my years lobbying in Ohio and in Washington, I can honestly say I have never been more proud of an Ohio elected official (not to mention a friend) than I was of Lashutka's recent commitment to remove from our city the kind of de-grading display that many of us have recently been forced to witness near a great university.

William E. Long

Columbus LOAD-DATE: July 5, 1994 LANGUAGE: ENGLISH


ATTACHMENT 10


November 16, 1993, Tuesday BAR STOPS SHOW AFTER COMPLAINTS; WRESTLING BEAR SECTION: NEWS LOCAL & NATIONAL; Pg. 2C LENGTH: 317 words

Ceasar the Wrestling Bear apparently is down for the count.

Following complaints, the owner of the bar where the bear was appearing has closed the act.

''I didn't know I was offending so many people, including the mayor,'' Robert Packey, co-owner of B.K. Flyers Nite Club, 1594 N. High St., said last night. ''If I would have personally gotten a call from the mayor's office several weeks ago, I would have stopped it then.''

An attorney for the bar, James J. Andrioff, notified Lashutka yesterday in a letter that the bar will ''cease and desist the promotion effective immedi-ately.''

Lashutka isn't celebrating a win yet. He said he's heard conflicting reports and is unsure whether the bear will stop wrestling or whether the owners are simply moving him to another bar.

''I'll reserve judgment until I get clarification,'' Lashutka said. ''If they are doing this willingly, it will certainly meet the applause of some people in Columbus.''

Last night Packey said Ceasar would no longer be performing in his Columbus bars. He said Ceasar's scheduled performance tonight at another bar he co-owns, Armadillo's at 3990 Sullivant Ave., has been canceled.

''I had three more weeks on the contract (with bear owner Sam Mazzola) and I know he's upset,'' Packey said.

Last week, Lashutka asked City Health Commissioner William C. Myers to find a way to stop the campus bar act after citizens complained of cruelty.

to Environmental Court to declare the act a nuisance.

The 11-year-old bear stands 7 feet, 6 inches and weighs 900 pounds. He per-formed every Thursday on the bar's patio.

Each night, hundreds paid the $3 cover charge to watch the bear. Ceasar, who has his teeth and claws and was not muzzled, took on all challengers for $10 each.

His owners, World Animal Studios in Columbia Station, Ohio, paid anyone strong enough to pin the bear $1,000. Three people won. LOAD-DATE: July 5, 1994 LANGUAGE: ENGLISH


ATTACHMENT 10

ATTACHMENT 10


November 13, 1993, Saturday MAYOR WANTS TO NOOSE WRESTLING BEAR BYLINE: Barbara Carmen; Dispatch City Hall Reporter SECTION: NEWS LOCAL & NATIONAL; Pg. 4C LENGTH: 368 words

Mayor Greg Lashutka wants Ceasar the Wrestling Bear down for the count.

Lashutka asked Health Commissioner William C. Myers to find a way to halt the campus bar act after citizens phoned complaining of cruelty.

''We've received telephone calls from people concerned over the treatment of the animal and the safety of individuals wrestling the animal,'' the mayor's spokeswoman, Terri Farel, said yesterday.

''The mayor doesn't feel it's an appropriate sport for bars. He's asked the commissioner to look into the situation and find out if they have the appropri-ate permits and to see what might be done to put an end to it.''

The city is even considering asking the environmental court to declare the act a nuisance.

Myers could not be reached for comment, but the manager of the bar where Ceasar performs said he's ''disappointed'' in the city's action.

''It's a sad day when kettr, saying they owed money that they do not owe.

''We have paid faithfully, and we have all our receipts,'' she said.

Burba says that is not the only mistake the agency has made. A man in his 60s showed her a letter saying he owed $36,000 - and his children are in their 30s and 40s.

''I have talked with hundreds of people who have gotten similar letters say-ing they owe money that they do not owe,'' she said.

''You don't get any notice until there is a court hearing or you get a threatening letter from the IRS, and this is a difficult problem to clear up,'' she said. In 1988, another Ohio county enforcement agency made a similar mis-take, and it took Burba two years to get the lien removed and receive a refund.

Orlando said child support agencies are required by federal and state laws to notify the IRS if an account is past due by $500. He said that when the IRS re-cently sent out 4,000 letters to Fairfield County residents, the agency expected a 5 percent to 10 percent error.

Changes in custody, direct payments between parents and inaccurate account balances are some of the reasons for mistakes, he said.

Orlando said his administration is implementing a new system to monitor ac-counts that would help eliminate mistakes.

For more information, contact Burba at 614-687-1006. LOAD-DATE: July 5, 1994

ATTACHMENT 10

MAYOR WANTS TO NOOSE WRESTLING BEAR Columbus Dispatch (Ohio) November 13, 1993,

Saturday

LANGUAGE: ENGLISH GRAPHIC: Photo


ATTACHMENT 10

letter to olcc re mynt gentlemens club

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