olcc staff report on 3390 ne sandy liquor license application 100212

8/14/2019 OLCC Staff Report on 3390 NE Sandy Liquor License Application 100212

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Report Summary fo r February 2010 Commission Meeting

Fat Jack's, LLCSherri Doss, Managing MemberTracy Doss, MemberFAT JACK'S SALOON I MYNT GENTLEMEN'S CLUB3390 NE Sandy BlvdPortland, Or 97232

Full On-Premises SalesNew Outlet

This case came before you in your December 2009 Commission meeting. At that timeyou deferred it to:1. Allow staff additional time to investigate applicant Tracy Doss' possible falsestatements regarding his record while a licensee with the State of Ohio; and2. Allow the applicants and the Laurelhurst Neighborhood Association (LNA) theopportunity to agree on a Good Neighbor Agreement.

Discussion1. Staff found that while Mr. Doss did make false statements to the Commission,the false statements were not material. Therefore, the rule allowing theCommission to deny an application based on material false or misleadinginformation provided to the Commission doesn't apply.2. The applicants and the LNA have not yet reached an agreement on a GoodNeighborhood Agreement. In a letter from the LNA received by the Commissionon February 9, 2010 the LNA requests that the Commission place six restrictionson the license. Because a Good Neighborhood Agreement is not enforceable,

from a regulatory perspective, issuing the license with restrictions (which areenforceable) effectively takes the place of a Good Neighborhood Agreement.Staff agree that issuing the license with restrictions will:1. Enable the applicants to control the premises;

r'" 2. Eliminate or prevent conditions that we reasonably believe will contribute to


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Fat Jack's, LLCReport Summary for February 2010 Commission MeetingPage 2 of2liquor or criminal laws violations by the licensee, patrons of the licensedpremises, or the public; and

3. Make the issues that are important to the LNA enforceable.

Executive Director StatementI advise that the application is consistent with the criteria to grant the license with therestrictions I istef\ the report.

~ \ .Stephen A. PharoExecutive Director


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.EGON LIQUOR CONTROLCOMMISSI\LICENSE INVESTIGATION REPORT

teA li . R . d 07 15 09spp: canon ecerve : - -rns e Applied For: Type ofAction:FULL ON-PREMISES SALES, COMMERCIAL NEW OUTLETESTABLISHMENTApplicant #I : o Masterfile Applicant #2: o MasterfileFAT JACK'S LLCApplicant #3: o Masterfile Applicant #4: o MasterfileNew Trade Name: MiN'" 1 Liquor Liability Insurance: Phone#:FATJACK'S S A L O O N f ' ~ 0 ' J S TBD 503-539-9670

er Trade Name: Former Licensee: Former License Type:

City: County: Zip:390 NE SANDY PORTLAND MULTNOMAH 97232ling Address (if different from above): City: State: . Zip:

r al Government: Public Notice Date: Checklist:o 90 Day Temp. Authority-Exp:of Portland 05-27-09 l8J Verified Legal Entity(ies)o 0 Clerk Brochuresecommendation: Notification ofFacilities within 500 Feet: l8J Law Orientation- Date: 05-14-09Favorable o Catering Pre-Approval (Small)Unfavorable- See Report Yes o Catering Pre-Approval (Large)Neutral o Tasting PrivilegesNone Provided o RVP Information Given to Applicantestrictions: Minor Posting: o Same Day Delivery ApprovalNo.1 o NextDayDelivery Approvalo Verification ofZoningo Other:

olds: License Process Office Use Only:FeesVerification of Funding. LLI. ASE by Sherri Doss

Education Designee: Sherri Doss Investigators Recommendation: Grantw/Letter of Caution toofBirth: 06-21-1971 ~ t e a s ~ O ~ d- A ec:\ o J 1 ~ Date: (I-I () - f) qtme\Charles L Ellis

ay to Issue: Yes INo S u p e r v i s o r R e C ~ R e f u s e lJ i/J .y( I / h J ~ ~ late:Summary S h e e@No ~ e r v i s o r Signature \: . . 'Date:


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09-08-2001 10:09 T DOSS 7028220083

A OREGON LIQUOR CONTROL. COMMISSION~ l ) S I N E S S INFORMATIONPAGE4

,.'-'(

Please PrintO( TypeApplicant Name: fur tll?s Phonel ~ 539- q"-77>T r a d e N a m e ( d b a ) : ~ G ) ~ t U . o ' S O l ~ b _ b _Business location A d d r e s s : ~ 1 ) Oe S A t J ~ B\ \Jd C i t y : - - - . . : B t : ~ ood ZIP Code: ~ " 9.3atDAYS'AND HOURS'OF OPERATION. ". . ' . . .: ... ';', '."' .Business Hours:Sunday j ' t o ~ ~ , D ~ . m .Monday to ~ Q P . . J 1 . 1 ' I I,Tuesday to !J'. .(l1Wednesday m to Q l ; ~ A.m .ThUBday Jik- t o ~ . JHn.Frlday to ~ 1\'cr1Saturday . to 01 ._. _:l.rn

Outdoor Area Hours:Sunday to _Monday to _Tuesday to _WednesdiIY to _ThUl'Sdey 10 _Friday to _Saturday to _

TheoutdoorareaIs usedfor:U Foodservlce Hours: _.__ to _o Alcoholservice HoUlS: to _o Enclosed. how _ThoextolleraTllll Is adoquately vlewod and/orsupetvlaed bySeMes Petrniltees._______ (Investigator's Inillals)

Seasonal Variations: 0 Yes 0 No If yes, explatn: "-- _

I understand ifmy answers are not true and c o m ~ c c may deny my license application.A p P l i c a n t S l g n a t u r e : ~ J . Date: bIro 1,2[i)1

18004520LCC (6522)www.oregon.govlolcc (roY. 12107)

E'NTERTAINMENT I ~ . " ' I t ' ~ to UveMusic'IS RecordedMusic))i( OJMusico Dancing

, Nude Entertainers

Lounge:,Banquet

Check all that apply:o Karaokeo Coln-cperated Games)2l Video Lottery Machineso SocialGamingo Pool Tableso Other: _Outdoor. _Other (explain):Total seatJng:.d!Ji!i...115

DAYS' a.',HOURS OF LIVEOR OJ MUSIC l" . '

Sunday .3 tho to ~ 3 A-mMonday to ~ ~ ' 3 j ) ,qmTUesday . ( h . to:26 Am.Wednesday trl toE,rnhursday to , A rn Friday to . ' A. (f \Saturday to 0 11'\OLCC use ONLY ,..

Invesllgalor Verified Seal ing: - -@


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'" OREGON LIQUOR CONTROLCOMMISSIONLiquor License InvestigationSubject: Full On-Premises Sales/CommercialNew Outlet Date: February 11, 2010

Fat Jack's, LLCSherri Doss, Managing MemberTracyDoss, MemberFat Jack's Saloon/Mynt Gentlemen's Club3390 NE Sandy BlvdPortland, OR 97232

Regulatory IssueThe original report for this case is dated November 7,2009. The case was consideredby the Commissioners in their December 17, 2009 Commission meeting but action wasdeferred for more investigation regarding applicant Tracy Doss' record while a licenseewith the State of Ohio.ApplicantFat Jack's, LLC is an Oregon limited liability company formed April 2009. The limitedliability company lists Tracy Doss and Sherri Doss (husband and wife) as its members.They each own 50% membership interest in the LLC.Information Regarding Tracy DossThe license application lists both Tracy Doss and Sherri Doss as premises managers.Tracy Doss is employed as a manager for Doss Consulting, Inc., dba Fusion Lounge;which later changed its trade name to Spyce Gentlemen's Club. Doss Consulting, Inc iswholly owned by Walter Doss, and currently holds a Full On-Premises Sales license atSpyce Gentlemen's Club. Walter Doss is Tracy Doss' father. Tracy Doss is not alicensee at Fusion Lounge/Spyce Gentlemen's Club.The City of Portland recommendation (see below) incorrectly identifies Tracy Doss as alicensee at Fusion Lounge/Spyce Gentlemen's Club.PremisesThe premises is a 7,900 square feet commercial establishment with dining seating forapproximately 100 plus bar seating for 17.


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Fat Jack's, l lCFat Jack's Saloon/Mynt Gentlemen's ClubFebruary 11. 2010Page 2 of 27The premises has three stages along with a DJ booth. The proposed menu consists ofsoups. salads, burgers, sandwiches and four steak dinner entrees. The premises alsohas a 10,000 square feet parking lot located immediately on the east side of thepremises as well as a parking lot across Sandy Blvd. that is used by the patrons of thepremises.EntertainmentWhen this application was originally submitted the applicant's proposed entertainmentformat was Country &Western music and dancing. The applicant has since changedthe proposed entertainment format to nude dancing.Minor PostingThe premises is posted with a #1 Minor Posting, prohibiting minors from the entirepremises during all hours of operation.OlCC Licensing History at the Above PremisesThe premises was previously licensed to Bobayo-Guerra, Inc., d.b.a. la FortunaMexican Bar & Grill (la Fortuna) from November 2004 through July 2008. During thetime the premises was licensed as la Fortuna, there were numerous residentialcomplaints about patron noise, disorderly activity, and noise from amplified music at thepremises (for details, see criterion below.)Bobayo-Guerra, Inc. had one OlCC violation in April 2007 for permitting a minor in anarea prohibited to minors, OAR 845-006-0335(3)(b). On 05/30/2008,OlCCCompliance Staff issued a Notice ofWarning Ticket (NWT) to Bobayo-Guerra for havinga History of Serious and Persistent Problems. ORS 471.315(c).City of Portland RecommendationThe City of Portland gave an unfavorable recommendation for this application based onOAR 845-005-0326(1)(a). This criterion is addressed later in this report.The City of Portland requests that the OlCC consider imposing a license restrictionshould it grant the license. The recommended restriction is:

1. The licensee is required to follow the business operating plan it submitted tothe OlCC.


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Fat Jack's, LLCFat Jack's Saloon/Mynt Gentlemen's ClubFebruary 11, 2010Page 3 of 27Laurelhurst Neighborhood Association RecommendationFat Jack's Saloon/Mynt Gentlemen's Club is located within the boundary of theLaurelhurst Neighborhood Association (LNA). In its letter to the Commission (undated), the lNA wrote "At its general meeting on September 29, 2009, the LaurelhurstNeighborhood Association voted to support the Portland Police Bureau's September 2,2009 unfavorable recommendation." The LNA gave the same reasons the City ofPortland gave as the basis for its unfavorable recommendation.After receiving notice from the applicant about the proposed change in theirentertainment format, OlCC representatives attended a laurelhurst NeighborhoodAssociation meeting on November 24, 2009. Neighbors at the meeting raised additionalconcerns, including general concerns about a nude dancing establishment in theirneighborhood. During the meeting, one of the neighbors commented that there are twoorganizations near the above premises that could be adversely iaffected if theCommission approved this application. The two organizations mentioned were Full Lifeand Christian Outdoor Leadership Training, a.k.a. COLT.On February 9,2010 the Commission received an undated letter from the lNA. In thatletter the LNA continues to oppose the application; however, it requests that theCommission place six restrictions on the license. Those six restrictions closely matchsix of the eight restrictions supported in this report.Information from Neighbors separate from the Laurelhurst NeighborhoodAssociationThe Commission received 25 letters from neighboring residents objecting to thisapplication. The basis of their objections relate to incidents that occurred when thepremises was previously licensed to Bobayo-Guerra, Inc. and includes late night patronnoise, neighborhood litter, late night operation (past 2:00 a.rn.), disturbing amplifiedmusic from the premises, parking, and a disorderly incident that resulted in an earlymorning homicide in January 2008 in the premises parking lot.The Commission also received a petition with 67 signatures from area residentsopposing this application. The petition did not cite a basis for the opposition.Since the December 17,2009 Commission meeting I have received approximately 200additional letters from individuals. All but two of the letters are in opposition to theissuance of a liquor license at this location. The basis of the objections relate primarilyto the location of the premises and its proximity to the Teen Challenge Rehabilitationfacility across the street.


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Fat Jack's, LLCFat Jack's Saloon/Mynt Gentlemen's ClubFebruary 11, 2010Page'40f27Information from Southeast Uplift Neighborhood Coalition (SE Uplift)The Southeast Uplift Neighborhood Coalition (SE Uplift) provides support to theneighborhoods in southeast Portland, including the laurelhurst NeighborhoodAssociation (lNA).SE Uplift submitted a letter to the Commission dated February 8,2010. In that letter SEUplift communicates its opposition to this license based on the following three reasons:1. OAR 845-005-0326(1): Mr. Doss had alcohol-related problems at other licensedpremises. This criterion is addressed later in this report.2. OAR 845-005-0325(6): Mr. Doss provided material false or misleadinginformation to the Commission on the application. This criterion is addressed

later in this report. (In addition, a timeline of relevant facts regarding this issue isprovided as Attachment A.)3. OAR 845-005-0327. On the advice of counsel the OlCC suspended use of thisrule (the "matrix" rule) in 2004 and reverted to the use of the individual denialcriteria outlined in statute and rule.Information from Eighth Church of Christ. ScientistThe Eighth Church of Christ, Scientist submitted a letter objecting to this application.The church is located at 3505 NE Multnomah and within 500 feet of the Fat Jack'sSaloon/Mynt Gentlemen's Club. The basis of the church's opposition is prior disorderlyconduct that resulted in a homicide in January 2008 at la Fortuna, parking, late nightnoise, litter and prostitution.Information from Full LifeSeveral days after November 24,2009, Investigator Charles Ellis visited theorganization Full Life, located at 3331 NE Sandy Blvd, which is one block west andwithin 500 feet of the above premises. According to Rachael Bloom, President of FullLife, her organization offers a 10-day vocational assessment program for mentallychallenged youth and adult individuals. Full Life also has a day program that operatesfrom 8:00 a.m. to 5:00 p.m., five days a week offering classes in art, science, music, lifeskills, and dance.Information from COLTInvestigator Ellis was unable to find the COLT organization. He found their web pageand contacted Ray Baier at their western Montana headquarters. According to Mr.Baier, there is no COLT organization in the state of Oregon.


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Fat Jack's, LLCFat Jack's Saloon/Mynt Gentlemen's ClubFebruary 11, 2010Page 6 of 27they'd have to walk right past either the overflow parking lot or the actual location itselfto get to my business. I have kids that walk down 33rd, either way to get to me they aregoing to have to walk past this business. I'm really concerned. My workman's compinsurance and also my professional liability insurance shows me as a school, so I amdesignated as a school for insurance purposes.... I am very concerned about thelocation and proximity. It's definitely less than 500 feet. It's right across the street fromus."

CRITERION#1OAR 845-005-0326: ORS471.313(1) allows the Commission to deny a license thatpublic interest or convenience does not demand. The following are some of thepubtlc interest or convenience reasons for which the Commission may deny alicense 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 duringthe two years preceding this application or has had a license canceled or renewalrefused because of problems with disturbances, unlawful activities, or noise.These problems:(A) Must occur on the licensed premises or be caused by patrons in theimmedlate vicinity of the licensed premises;(B) Include, but are not limited to, obtrusive or excessive noise, music or soundvibrations; public drunkenness; fights; altercations; harassment; unlawful drugsales; alcohol-related litter; trespassing on private property; and ;publicurination; and(C)Must be related to the sale or service of alcohol under the exercise of thelicense privileges.(b) Good cause to overcome this criterion is a showing by the applicant that theapplicantwill reasonably control all of the applicant's licensed premises toprevent problems described in paragraphs (1)(a)(A), (B), and (C) of this rule.Factors that affect this good cause determination may include, but are not limitedto:(A) Applicant is currently l icensed at an outlet that has not had the problemsdescribed in paragraphs (1)(a)(A), (B), and (C) of this rule in the past year;(B) Applicant successfully regained control of premises that had problemsdescribed in paragraphs (1)(a)(A), (B), and (C) of this rule;(C) Applicant has a corrective plan that is l ikely to be effective;(D) License conditions or restrictions would enable control of applicanfspremises; and


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Fat Jack's, LLCFat Jack's Saloon/Mynt Gentlemen's ClubFebruary 11,2010Page 7 of 27(E) Applicant did not participate in the daily operation of the problem outlet, andthere has not been a pattern of problems described in paragraphs (1 )(a)(A), (B),and (C) of this rule at other outlets where applicant has been licensed.

FACTSRELATED TOCRITERION #11. DossConsulting, Inc., dba Fusion/Spyce Gentlemen's Club, has helda FullOnPremises Sales license from December2007 to present. DossConsulting, Inc.is wholly owned byWalter Doss, the father of TracyDoss. Tracy Doss has beenthe managerof this premises since December 2007. During this time thefollowing hasoccurred at the premises:

a.b.c.d.

r e.f.

g.h.

i.

j.

k.I.

03/1412008 a patron inside the premises reported being hit in the face. .03/30/2008 at about 3:10a.m. a patron in the premsieswas punched byan unknown subject.04/26/2008 a clubpromoterattempting to break up a fight inside thepremiseswas punched in the head.06/01/2008 at about 3:21 a.m. an intoxicated patron assaulted anemployee. Portland PoliceCase#08-51974.06/08/2008 at about 3:15a.m.an intoxicated and unruly patronwasremoved from the premisesby police. Portland Police Case#08-54660.06/18/2008 at about 2:00 a.m. in the processof removing a patronfromthe premises, security officersandthe patrondamaged a nearbyvehicle.Portland Police Case#08-58292.06/22/2008 at about 1:33 a.m. one patronpunched a secondpatron in thechestand challenged the second patronto a fight. The first patronwasarrested andcited for harassment. Portland PoliceCase #08-59654.07/20/2008 at about 1:41 a.m. an intoxicated patronwas being aggressivewith security. In addition, policefound that the patronwas only 20 yearsold. The Commission gave the licensee a warning regarding failing toverify the age of a minor. Portland PoliceCase#08-70013.07/26/2008 at about 2:03 a.m. an intoxicated patron tried to start a fight.The patronwas taken by policeto Detox. Portland PoliceCase#0872221.03/14/2009 at about 12:55a.m. the licenseepermitted a minor in anareaprohibited to minors. The licensee received a violation from theCommission and paid a fine onApril 20, 2009.05/17/2009 at about 02:30 a.m.a security officer was attacked by patronsfrom the premises. .08/26/2009 at about 12:21 a.m. Portland police responded to the premisesregarding a patronwho was threatening to shoot an employeeat thepremises. The patronwas visibly intoxicated and unableto careforhimself.


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Fat Jack's, LLCFat Jack's Saloon/Mynt Gentlemen's ClubFebruary 11, 2010Page 8 of 27

ANALYSIS OF FACTS AS APPLIED TO CRITERION #1The Commission holds licensees responsible for problems and violations that occur attheir premises. Tracy Doss is the manager at this premises; he is not the licensee.This criterion has never been applied to a person who is not a licensee.

FACTS RELATING TO GOOD CAUSE AND ABSENCE OF GOOD CAUSE FORCRITERION #12. In September 2008 Fusion/Spyce Gentlemen's Club changed from a traditional"nightclub" operation to nude dancing entertainment.3. Tracy and Sherri Doss submitted an operating plan that consists of the following:

a.

b.

c.d.e.f.g.h.i.j.k.I.m.

Will have on-site DPSST certified security staff at all times from 6:00 p.m.to approximately 2:45 a.rn., or until the parking lot is cleared. One DPSSTsecurity staff will monitor the parking lots at all times and will increase to 4to 8 depending on the size of the crowd.Tracy Doss, a certified DPSST executive manager with over 20 yearsexperience in night club, restaurant and bar operations will oversee allsecurity matters.DPSST security staff will conduct random parking lot checks every 10 to20 minutes after 10:00 p.m.Will always have a ratio of 1 DPSST security staff to every 25 patrons.Will maintain a 16 camera DVR monitoring system for all areas of thepremises and premises parking lot.Sherri Doss will be on-site four nights a week from 7:00 p.m. to 3:00 a.m.No loitering, verbal/physical altercation, loud noise or other types ofdisturbances or criminal activity will be tolerated inside or in the premisesparking lot area.Will encourage and cooperate with Portland Police to do a walk through ofthe premises during peak hours of operation.Alcohol Monitors, Bartenders, Management, Servers and Security staff willcheck for intoxicated persons, remove drinks of patrons if necessary.Will maintain an incident log capturing dates, identifying information, staffinvolvement, types of incidents, etc.Will have an electronic 1.0. checker at the entrance to detect false 1.0.No admittance of anyone after 1:30 a.m.Will initiate a "Soft Closure" from 2:00 a.m. to 2:15 a.m. that includes lastcall, and changing the music and lighting to facilitate an orderly exit.


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Fat Jack's, LLCFat Jack's Saloon/Mynt Gentlemen's ClubFebruary 11, 2010Page 9 of 27n. All premises employees will be required to park their personal vehiclesbordering the perimeter fencing to create a sound and barrier to preventlitter and loud noise from interfering with neighborhood livability.o. Tracy Doss will be at the premises three nights a week (most likelyWednesday, Thursday, and Saturday nights).

ANALYSIS OF FACTS RELATING TO GOOD CAUSE AND ABSENCE OF GOODCAUSE FOR CRITERION #1Even if this criterion did apply to Mr. Doss, the following good cause applies.First, the change in operation at Fusion/Spyce Gentlemen's Club in September 2008 tonude dancing entertainment resulted in fewer problems at the premises. In the fourmonth period from March 2008 through July 2008 there were nine problems. In theapproximately 17 month period from September 2008 through January 2010 there wereonly three problems, which is a significant drop in the number of problems. Thissupports that Walter and Tracy Doss successfully regained control of the premises.This provides good cause.Second, Tracy and co-applicant Sherri Doss have submitted a plan to control thepremises and patron behavior in the vicinity of the premises. The plan contains threesignificant control measures: having a minimum number of security persons; requiringthe security to be DPSST certified; and having electronic 10checking equipment at thedoor to prevent minor patrons from entering. This provides good cause.Third, in order to assure that the applicants will implement and follow these controlmeasures, restrictions on the license will be considered later in this report. Placingrestrictions on the license provides good cause.CONCLUSION FOR CRITERION #1If this criterion applies in this case, the applicants have provided good cause. TheCommission should consider placing restrictions on the license in order to assure thatthe applicants will implement and follow certain control measures. By providing thatassurance, the restrictions could provide sufficient good cause to overcome the possibledenial basis.

CRITERION #2ORS 471.313 - The Oregon Liquor Control Commission may refuse to l icense anyapplicant under the provisions of this chapter i f the Commission has reasonableground to believe the following to be true (paraphrased):


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Fat Jack's, LLCFat Jack's Saloon/Mynt Gentlemen's ClubFebruary 11, 2010Page 10 of 27(5) That there is a history of serious and persistent problems involvingdisturbances, lewd or unlawful activities or noise either in the premises proposedto be licensed or involving patrons of the establishment in the immediate vicinityof the premises if the activities in the immediate vicinity of the premises arerelated to the sale or service of alcohol under the exercise of the license privilege.Behavior which is grounds for refusal of a license under this section, where sorelated to the sale or service of alcohol, includes, but is not limited to obtrusive orexcessive noise, music or sound vibrations; public drunkenness; fights;altercations; harassment; unlawful drug sales; alcohol or related litter;trespassing on private property; and public urination. Histories from premisescurrently or previously operated by the applicant may be considered whenreasonable inference may be made that similar activities will occur as to thepremise proposed to be licensed. The applicant may overcome the history byshowing that the problems are not serious or persistent or that the applicantdemonstrates a willingness and ability to control adequately the premisesproposed to be licensed and patrons' behavior in the immediate vicinity of thepremises which is related to the licensee's sales or service of alcohol under thelicensee's sale or service of alcohol under the licensee's exercise of the licenseprivileges.471.329 Serious and persistent problems involving noise as grounds fordiscipline of licensee or applicant(1) For the purpose of determining whether there is a history of serious andpersistent problems involving noise under the provisions ofORS 471.313 (5) and471.315 (1)(c), or whether the licensee maintains a noisy establishment inviolation of the provisions of ORS471.425:(a) Noise from the inside of a licensed premises located within the boundaries ofa city or county that has an ordinance regulating excessive noise may beconsidered obtrusive or excessive only if the noise violates the ordinance.FACTS RELATED TOCRITERION #24. On 2-26-06 at 2:45 a.m., security personnel at La Fortuna became involved in analtercation with several patrons. Security personnel used pepper spray to stopthe disorder. One of the patrons was intoxicated. OlCC compliance staff gavethe premises manager verbal instruction on Visible Intoxication and Disorder.5. On 9-16-06 at 1:55 a.m., a female patron was assaulted by her ex- boyfriendacross the street from the bar. The ex-boyfriend struck the women in the back ofthe head with a beer bottle causing physical injUry. Security personnelimmediately ran to the woman's aid and telephoned the police. OLCCcompliance staff issued verbal instructions to the licensee to ensure all securitypersonnel are DPSST certified, and the regulations regarding disorder.


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9.

Fat Jack's, LLCFat Jack's Saloon/Mynt Gentlemen's ClubFebruary 11,2010Page 11 of 276. On 01-20-07 at 2:15 a.m., a Portland police officer saw a patron exit La Fortuna. Restaurant and walk and stumble east on Sandy Blvd. The patron wentalongside of a building and urinated. The police officer contacted the patron and

noticed he had slurred speech and a strong odor of alcohol on his breath. Thepolice officer took the patron to detox. OLCC compliance staff contacted thelicensee and issued verbal instructions for sale/consumption of a visiblyintoxicated person.7. On 5-06-07 at 2:20 a.m., Portland police responded to the La Fortuna Restaurantregarding an assault call. An employee telephoned the police and said he wasassaulted and sustained injury by an intoxicated patron. The employee decidednot to press criminal charges against the patron. The police took the patron todetox for his own safety.8. On 12-15-07 at 1:12 a.m., a Portland Police Neighborhood Response Team(NRT) officer went to the premises to evaluate noise. The NRT officer noted hecould hear music coming from the bar, especially the bass tone from over 50 feetaway.

On 01-05-08 at about 2:40 a.m. as patrons left the premises at closing, a manwas shot dead in the premises parking lot. Subsequent to the homicide, OLCCcompliance staff met with the licensee and fully evaluated the circumstancesleading up to the shooting and what if any opportunity the club had to intercede inpreventing the incident. OLCC compliance staff concluded the licensee hadfailed repeatedly to ensure its security personnel obtained DPSST certification.10. On 01-11-08 a Portland police officer responded to a noise complaint at LaFortuna. Security staff immediately turned the volume of the music down.11. On 01-19-08 at 2:45 a.m., a Portland police officer received a noise complaint."Due to a heavy caseload, the police responded at 3:30 AM after the bar wasclosed. The police found the business closed and the area quiet."12. On 01-20-08 at 1:16 a.m., Portland police responded to a noise compliant. Thepolice officer looked at a noise meter used by the business and observed .68decibels. Under the City of Portland's noise ordinances, the legal limit after

10:00 PM is .55 decibels. The premises assistant manager turned the musicdown.13. On 02-20-08 at 12:28 a.m., a Portland police officer responded to loud musiccoming from the premises. The officer noted he could plainly hear loud thumpingfrom the bass of the music.


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Fat Jack's, LLCFat Jack's Saloon/Mynt Gentlemen's ClubFebruary 11, 2010Page 12 of 2714. On 02-22-08 at 11:46 p.m., Portland police officers responded to the La Fortunaconcerning a loud noise complaint. The police officer did not determine therewas excessive noise. The officer wrote "noise is kept down for the most part."15. On 03-16-08 at 1:29 a.m., a Portland police officer was dispatched to la FortunaRestaurant concerning a loud noise compliant. At 1:15 AM, the officer parked hisvehicle in the neighborhood approximately 167 feet from the rear of thepremises. The officer noted he could plainly hear the loud thumping of bass fromthe direction of the premises. The office arrived at the premises and confirmedthat this was the same thumping bass he has listened to in the neighborhood.The police referred the incident to the NRT officer for follow-up.16. The City of Portland has adopted noise ordinances under Title 18 of the CityCode. On 01-29-08, the City of Portland's Bureau of Development Service wrote

a letter to EI Poncho's, l lC and Poncho's, Inc., property owner and landlord ofla Fortuna, advising of a noise violation for amplified music, based on the 1-2008 incident listed in fact #9 above. None of the other incidents involving noisewere charged as violations of the City's noise ordinances.17. On 5-30-08, OlCC Compliance Staff wrote a Notice of Warning Ticket (NWT) tothe licensee of la Fortuna for History of Serious and Persistent Problems, ORS471.315(c).

ANALYSIS OF FACTS AS APPLIED TO CRITERION #2We must determine if there is a history of serious and persistent problems at thelicensed premises.Seven of the 12 incidents listed above were complaints from nearby residents about latenight noise from amplified music and did not result in citations for violations of the CityCode regarding excessive noise. While the City of Portland put the licensee on noticeabout a noise violation, the City never issued a citation for violation of the City Code forexcessive noise.Since there were no citations issued by the City of Portland for violating its noiseordinance the noise complaints cannot be considered under History of Serious andPersistent Problems under ORS 471.313(5).The remaining five incidents occurred during the 22 month period from 2/26/2006 and1/5/2008. The five incidents in 22 months, the last of which occurred on 01/05/2008,do not indicate a persistent problem.


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Fat Jack's, LLCFat Jack's Saloon/Mynt Gentlemen's ClubFebruary 11,2010Page 13 of 27CONCLUSIONFOR CRITERION #2The criterion does not apply.

CRITERION #3OAR 845-005-0326: ORS 471.313(1) allows the Commission to deny a license thatpublic interest or convenience does not demand. The following are some of thepublic interest or convenience reasons fo r which the Commission may deny alicense unless the applicant shows good cause to overcome the criteria:(2) Proximity to Facilities:(a) The license premises:(A) Wil l be located within 500 feet in urban or suburban areas or within 1,500 feetin a rural area of the boundary (measured property line to property line) of alicensed child care facility or elementary or secondary school; a church; ahospital, nursing care facility or convalescent care faci li ty ; a park or childrenoriented recreational facility; and alcohol and other drug treatment orrehabilitation facility; and(B) Will adversely impact the facility.(b) Good cause to overcome this criterion includes, but is not limited to, ashowing by the applicant that:(A) The proposed operation is consistent with the zoning where the proposedpremises will be located, is consistent with the general character of the area andthe adverse impactwill not unreasonably affect the facility; or(B) The size of the proposed premises' community is so small that the proposedlocation is a reasonable location for the proposed operation.(c) This criterion does not apply to renewal applications or to changes ofownership with no change in license privileges or operation.RELEVANT FACTS FOR CRITERION #318. The Eighth Church of Christ, Scientist is a church located at 3505 NEMultnomah. Mynt Gentlemen's Club is located within 500 feet, measuredproperty line to property line, of Eighth Church of Christ, Scientist. The churchexpressed concerns regarding a homicide that happened at the premises in

January 2008 under the prior owner, parking, late-night noise, litter, andprostitution.19. Full Life is located at 3331 NE Sandy Blvd. and is a vocational assessmentprogram for mentally challenged youth and adult individuals. It is not a licensedchild care facility or elementary or secondary school and is not a childrenoriented recreational facility. Mynt Gentlemen's Club is located within 500 feet,measured property line to property line, of Full Life.


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20. Teen Challenge has two locations near Mynt Gentlemen's Club:a. One location is at 3121 NE Sandy Blvd. This is a faith-based alcohol anddrug treatment center. Mynt Gentlemen's Club is not located within 500feet, measured property line to property line, of this location. TeenChallenge expressed the following concern: "We are a crisis center formen who are leaving the drug and alcohol scene and other life controllingissues, and to have that across the street from us and the inherentelement that comes along with that would be detrimental to these men'srecovery."b. The other location is at 3327 NE Sandy Blvd. This is the formerHollywood Hotel, which was converted into a dorm for housing forindividuals currently undergoing treatment. Mynt Gentlemen's Club is

located within 500 feet, measured property line to property line, of thislocation.21. Minds in Motion Tutoring Center is located at 3425 NE Sandy. This locationoffers custom tutorial programs for students in kindergarten through the 12thgrade. Mynt Gentlemen's Club is located within 500 feet, measured property lineto property line, of Minds In Motion Tutoring Center. Minds in Motion TutoringCenter expressed concerns, primarily regarding any of their kids walking throughthe Laurelhurst neighborhood and past this business.ANALYSIS OF FACTS AS APPLIED TO CRITERION #3In order for OAR 845-005-0326(2)(a)(A) to apply to a listed facility, the facility mustestablish that the operation of the proposed licensed premises will adversely impact thefacility. The Commission has defined the test for adverse impact as whether theoperation of the proposed licensed premises will interfere or conflict with the specializedactivities of the facility. Objections to licensed businesses in general or alcoholconsumption in general are not sufficient to show adverse impact. Objections based onthe type of entertainment offered by the proposed premises do not establish adverseimpact.Eighth Church of Christ, Scientist is a facility of the type listed in the rule that is locatedwithin 500 feet, measured property line to property line, of the proposed licensedpremises. However, the concerns expressed by Eighth Church of Christ, Scientist donot establish that the operation of Mynt Gentlemen's Club will interfere or conflict withthe specialized activities of Eighth Church of Christ, Scientist. Based on the abovefacts, Mynt Gentlemen's Club will not adversely impact Eighth Church of Christ,Scientist.


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Fat Jack's, l lCFat Jack's Saloon/Mynt Gentlemen's ClubFebruary 11, 2010Page 15 of 27Full Life is not a licensed child care facility or elementary or secondary school and is nota children-oriented recreational facility. Therefore, Full Life is not one of the facilitieslisted in OAR 845-005-0326(2)(a)(A).It is a close call regarding whether or not Teen Challenge is one of the facilities listed inOAR 845-005-0326(2)(a)(A). The location at 3121 NE Sandy Blvd is not located within500 feet, measured property line to property line, of Mynt Gentlemen's Club. It isunclear if the location at 3327 NE Sandy Blvd is actually an alcohol and other drugtreatment or rehabilitation facility. However, even if considered one of the facilitieslisted in OAR 845-005-0326(2)(a)(A), the concerns expressed by Teen Challenge donot establish that the operation of Mynt Gentlemen's Club will interfere or conflict withthe specialized activities of Teen Challenge. Based on the above facts, MyntGentlemen's Club will not adversely impact Teen Challenge.Minds in Motion Tutoring Center is a facility of the type listed in the rule that is locatedwithin 500 feet, measured property line to property line, of the proposed licensepremises. However, the concerns expressed by Minds in Motion Tutoring Center do notestablish that the operation of Mynt Gentlemen's Club will interfere or conflict with thespecialized activities of Minds in Motion Tutoring Center. Based on the above facts,Mynt Gentlemen's Club will not adversely impact Minds in Motion Tutoring Center.

CONCLUSION FORCRITERION#3I conclude this criterion doesn't apply.

CRITERION#4OAR 845-005-0325(6) The Commission will deny a license unless the applicantshows good cause that overcomes the criterion involved: the applicant providesmaterial false or misleading information to the Commission (paraphrased).FACTS RELATED TO CRITERION#422. Tracy Doss submitted a completed OlCC "Individual History" form dated May 21,2009.

a. Question #8 on the form asks, "Do you currently hold, or have you everheld a liquor license in this or any other state? Yes or No. If yes, when,where and name of premises?"


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Fat Jack's, LLCFat Jack's Saloon/Mynt Gentlemen's ClubFebruary 11, 2010Page 17 of 27by Victoria Weber to change the dba of the business from Danny and Dave'sMillennium Fox to Allure Gentleman's Club. On this name change request,Victoria Weber lists herself as the president of Danny's Emerald Fox, Inc.

31. On January 16, 2007, Ohio Department of Commerce Division of Liquor Controlreceived an application for renewal of permits from Danny's Emerald Fox, Inc.signed and dated by Victoria Weber on 12/2812006, listing herself as CEO with anote of "transfer on file" on the form.32. On January 31, 2007, an inspection was done of the premises by an OhioDivision of Liquor Control compliance officer as part of the transfer of stock. ALiquor Permit Premises form (form 6.31) was completed by the officer and signedby Tracy Doss, listing himself as president.33. On February 28,2007, Danny's Emerald Fox, Inc. was charged with "Improper. Conduct Possession of Illegal Firearms" and "Improper Conduct Not Covered byAbove".34. On February 28,2007, the City of Columbus, Ohio filed a complaint and motionfor preliminary and permanent injunctive relief against Danny's Emerald Fox,Inc., Victoria J. Weber, Tracy Doss, Ward Incorporated and the Real Propertylocated at 340 Greenlawn Avenue Columbus; Ohio for nuisance abatement.35. On March 22, 2007, Tracy Doss moved from Columbus, Ohio to Las Vegas,Nevada. Tracy Doss gave this information to me during our interview on

February 2, 2010.36. On April 26, 2007, the stock transfer was approved for issuance for permitnumber 1924998-0005, Danny's Emerald Fox, Inc. DBA Allure Gentlemen's Clubper folder notes from Ohio Department of Commerce Division of Liquor Control.37. On December 10, 2007, the City of Columbus objected to the renewal of theliquor permit for Danny's Emerald Fox, Inc.38. On July 17, 2008 the City of Columbus, per the Legislation Report file number0148X-2008, withdrew its objection to the renewal of the liquor permit for Danny's

Emerald Fox, Inc. because the property owner had assumed control of thelocation.39. On December 17, 2008, Danny's Emerald Fox, Inc. transferred ownership to theproperty owner.


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Fat Jack's, LLCFat Jack's Saloon/Mynt Gentlemen's ClubFebruary 11, 2010Page 18 of 2740. According to the State of Ohio, while licensed as Fat Boy Entertainment Inc. dbaKrome/Enigma, Mr. Doss had a warning, violation, suspension, fine, cancellation,or refusal in 2001, 2002 and 2003. The fines were all paid in 2003.41. According to the State of Ohio, while licensed as Danny's Emerald Fox Inc. dbaAllure Gentleman's Club, Mr. Doss had a warning, violation, suspension, fine,cancellation, or refusal in 2008. The fines were all paid in 2008.42. I interviewed Mr. Doss on 02/02/2010 regarding his answers to questions #8 and#13 on his individual history.

a. Regarding #8, Mr. Doss said that he believed the transfer of ownershipwas never finalized at Danny's Emerald Fox, Inc. (Allure) and therefore hewas never the licensee and that is why he only listed Krome.b. Mr. Doss stated that the stock purchase agreement included acontingency that if either the State of Ohio or the City of Columbusobjected to the transfer then the transfer would not happen. On February28, 2007 when the City of Columbus filed a nuisance abatement complaintagainst Mr. Doss, he believed that the transfer did not go through. As partof a settlement agreement for the nuisance abatement complaint, Mr.Doss, via his attorney, agreed to transfer his ownership in Danny'sEmerald Fox, Inc. to the property owner and that would relieve him of anyfurther obligations pertaining to the complaint.c. Regarding #13, Mr. Doss said he listed only "2003" as his answer to"when" because it was his best guess as to when the violations occurred.

43. Also in my interview with Mr. Doss I asked about why he listed the specificviolations in #13 and why only those two violations for Krome when Ohio recordsindicate he had three. He said that he listed the specific violations because hewas trying to give a complete and accurate answer. He said he listed only theseviolations because he believed they were the only two charges he had received.He said he did not list any violations for Allure because he was never thelicensee.

ANALYSIS OF FACTS AS APPLIED TO CRITERION#4False StatementsMr. Doss' answer to question #8 on his Individual History form omitted the fact that hewas also a licensee at Allure Gentleman's Club in the state of Ohio from April 26, 2007to December 17,2008 (see facts 21 a, 22, and 35). Mr. Doss' omission that he was alsoa licensee at Allure Gentleman's Club is a false statement to the Commission.


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Mr. Doss' answer to question #13 on his Individual History form omitted the fact thatwhile a licensee in the state of Ohio he had a warning, violation, suspension, fine,cancellation, or refusal in 2001, 2002, and 2008 (see facts 21b, 23, 39, and 40). Mr.Doss' omission that he also had a warning, violation, suspension, fine, cancellation, orrefusal in 2001, 2002, and 2008 is a false statement to the Commission.Materiality of False StatementsA false statement or omission must be material in order for the Commission to be ableto consider it as a basis for license refusal. A false statement or omission is material if itmeets one or more of the following three tests: it is related to a license refusal criterion;it inhibited the investigation; or it is intentional.

RELATED TO A LICENSE REFUSAL BASISThere is no criterion that allows the Commission to refuse a license based on thenumber of locations or places that a person was previously licensed at or thenumber of years in which the person had a warning, violation, suspension, fine,cancellation, or refusal. Therefore, because the omissions are not related to alicense refusal basis, they are not material under this test.INHIBITED THE INVESTIGATIONMr. Doss disclosed that he had been licensed in Ohio. This allowed me tocontact Ohio and obtain the information regarding the other location that he hadbeen licensed at and the number of years in which he had a warning, violation,suspension, fine, cancellation, or refusal. Therefore, because the omissions didnot inhibit my investigation, they are not material under this test.

INTENTIONALRegarding Mr. Doss' omission that he was also a licensee at Allure Gentleman'sClubOn July 31, 2006 Mr. Doss executed a purchase agreement for the shares ofstock of Danny's Emerald Fox, Inc. (at the time the DBA of the business wasDanny and Dave's Millennium Fox; however, on December 18, 2006 the DBAwas changed to Allure Gentleman's Club). Upon executing the purchaseagreement Mr. Doss began operating the business under a managementagreement because approval of the purchase agreement was essentiallycontingent upon approval of the Ohio Division of Liquor Control and the City ofColumbus.


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Fat Jack's, LLCFat Jack's Saloon/Mynt Gentlemen's ClubFebruary 11, 2010Page 20 of 27On February 28, 2007 the City of Columbus filed a complaint and motion forpreliminary and permanent injunctive relief against Danny's Emerald Fox, Inc.and Tracy Doss for nuisance abatement.. In March 2007 Mr. Doss moved out of Ohio and dealt with the pending legalissues through his attorney via the telephone.On April 26, 2007 the Ohio Department of Commerce Division of liquor Controlapproved the stock transfer.In approximately May 2007 Mr. Doss, through his attorney, began a settlementagreement with the City of Columbus where Mr. Doss would transfer hisownership in Danny's Emerald Fox, Inc. to the property owner in exchange forthe City removing Mr. Doss as a named party in the complaint filed on February28,2007.On December 10, 2007 the City of Columbus objected to the renewal of theliquor permit for Danny's Emerald Fox, Inc.On July 17, 2008 the City of Columbus withdrew its objection to the renewal ofthe liquor permit for Danny's Emerald Fox, Inc. because the property owner hadassumed control of the location.In summary, on July 31,2006 Mr. Doss executed a purchase agreement for thestock of Danny's Emerald Fox, Inc. DBA Allure Gentleman's Club. The approvalof the purchase agreement was contingent on both the Ohio Division of LiquorControl and the City of Columbus. While waiting for this approval, Mr. Dossoperated the business under a management agreement. In February 2007 theCity of Columbus filed a complaint against the business. In March 2007 Mr.Doss moved out of Ohio and had nothing more to do with the operation of thebusiness. On April 26, 2007 the Ohio Division of Liquor Control gave itsapproval.Because during the time that Mr. Doss operated Allure Gentleman's Club heoperated it under a management agreement and not as the owner and becauseOhio Division of Liquor Control gave its approval for the transfer of the stock afterMr. Doss was no longer running or involved with the business, it is plausible thatMr. Doss believed he was never the licensee at Allure Gentleman's Club. This issupportive that his omission was not intentional; and therefore, is not materialunder this test.


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Fat Jack's, LLCFat Jack's Saloon/Mynt Gentlemen's ClubFebruary 11,2010Page 21 of 27Regarding Mr. Doss' omission that he also had a warning, violation, suspension,fine, cancellation. or refusal in 2001, 2002. and 2008Mr. Doss stated that he recalled only two of the violations and that the date listed(2003) was his best guess as to when the violations occurred. Because he paidthe fines in 2003, it is plausible that the date 2003 would be the date heremembered; and therefore, supports that his omission was not intentional andnot material under this test.In addition, because it is plausible that Mr. Doss didn't believe he was thelicensee at Allure Gentleman's Club, it is also plausible that he believed that hewas not required to list the violation in 2008; and therefore, supports that hisomission was not intentional and not material under this test.

CONCLUSION FORCRITERION#4None of the three tests to show that a false statement is material has been met;therefore, this criterion does not apply.

CRITERION#5ORS 471.313(4)(f)The Commission may deny a license when it has reasonableground to believe that the applicant is not of good repute and moral character(paraphrased).FACTS RELATED TO CRITERION #544. See fact 26 (regarding Mr. Doss' ownership of Fat Boy Entertainment, Inc.).45. See facts 27 - 39 (regarding Mr. Doss' management/ownership of Danny'sEmerald Fox, Inc.).46. On 11/10/2001, Fat Boy Entertainment, Inc. was charged with two counts of saleand/or furnishing intoxicating liquor to a person under 21 years of age and paid afine on 08/19/2003. However, Mr. Doss was not personally involved in the

incident.47. On 01/25/2002, Fat Boy Entertainment, Inc. was charged with sale and/orfurnishing beer to a person under 21 years of age and paid a fine on OS/27/2003.However, Mr. Doss was not personally involved in the incident.48. On 10/16/2002, the Depa rtment of Taxation issued a "Do not proceed" letterpertaining to Fat Boy Entertainment Inc. Fat Boy Entertainment Inc. had an


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Fat Jack's, LLCFat Jack's Saloon/Mynt Gentlemen's ClubFebruary 11, 2010Page 22 of 27unpaid tax bill. On 11/25/2003. taxes were paid in full and the case wasterminated.

49. On 01/31/2003. Fat Boy Entertainment, Inc. was charged with sale and/orfurnishing beer to a person under 21 years of age and on 11/04/2003 was foundin violation of the charge but no penalty was imposed. However, Mr. Doss wasnot personally involved in the incident.

ANALYSIS OF FACTS AS APPLIED TO CRITERION #5The test that may pertain in this case to determine if this criterion applies is determiningif Mr. Tracy Doss has a sufficient number of violations to show that he has a disregardfor the law.From November 2001 to February 2007. Mr. Doss personally or the entities hecontrolled, were found responsible for five violations of Ohio law. Although Mr. Doss isresponsible for any violation occurring at his licensed premises, he personallycommitted only one of the five violations (regarding the unpaid tax bill). This distinctionis important because the disregard for the law test is about laws that Mr. Dosspersonally violated; therefore, he has only one violation for which he is personallyresponsible.Mr. Doss has only one violation of the type that we consider under this criterion. This isnot sufficient to show that this criterion applies.

CONCLUSION FORCRITERION#5This criterion does not apply.

CRITERION #6OAR 845-Q05-0355(1)(c)(2)(b) The Commission may restrict a license when: TheCommission determines that a restr iction is in the public interest or convenienceand there is a need to eliminate or prevent conditions that have contributed to orthat the Commission reasonably believes will contribute to l iquor or criminal lawviolations by the licensee, patrons of the licensed premises or the public(paraphrased).


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Fat Jack's, LLCFat Jack's Saloon/Mynt Gentlemen's ClubFebruary 11, 2010Page 23 of 27FACTS RELATED TO CRITERION #650. Mr. Tracy Doss was the manager for Night Club Columbus, Inc. dba BK Flyers

Nite Club, from September 1993 to October 1996. During the time he was thegeneral manager the following incidents occurred:a.b.c.d.e.f.g.h.

11/05/1993 - Sale and/or furnishing alcohol to a person under 21 years ofage12/05/1993 - Sale and/or furnishing alcohol to a person under 21 years ofage02/05/1994 - Sale and/or furnishing alcohol to a person under 21 years ofage01/20/1995 - Sale and/or furnishing alcohol to a person under 21 years ofage03/10/1995 - Sale and/or furnishing alcohol to a person under 21 years ofage08/04/1995 - Sale and/or furnishing alcohol to a person under 21 years ofage09/28/1995 - Two counts of improper conduct illegal sale and/orpossession of dangerous drugs10/21/1995 - Sale and/or furnishing alcohol to a person under 21 years ofage

51. Mr. Tracy Doss was the permit holder of Fat Boy Entertainment, Inc., dbaKrome/Enigma from September 2001 to November 2003. During the time hewas the permit holder the following incidents occurred:a. 11/10/2001 - Two counts of sale and/or furnishing alcohol to a personunder 21 years of ageb. 01/25/2002 - Sale and/or furnishing alcohol to a person under 21 years ofagec. 01/31/2003 - Sale and/or furnishing alcohol to a person under 21 years ofage

52. Mr. Tracy Doss was manager and/or permit holder of Danny's Emerald Fox, Inc.,dba Millennium Fmc/Allure Gentleman's Club from July 2006 to December 2008.During the time he was the manager and/or permit holder the following occurred:a. 11/02/2006 - Improper conduct - prostitutionb. 11/16/2006 - Improper conduct - prostitutionc. 02/02/2007 - Improper conduct - prostitutiond. 02/14/2007 - Improper conduct - drug traffickinge. 02/15/2007 - Improper conduct - drug traffickingf. 02/22/2007 - Improper conduct - drug trafficking


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FatJack's, LLCFat Jack's Saloon/Mynt Gentlemen's ClubFebruary 11,2010Page 24 of 27g. 02/27/2007 - Two counts illegal possession of firearm in liquorpermitpremises

53. Mr.TracyDoss is the Directorof Operations for DossConsulting, Inc., dbaFusion/Spyce Gentlemen's Clubfrom December 2007 to present. During thistimewhile Directorof Operations thefollowing hasoccurred:a. 03/14/2008 a patron insidethe premises reported being hit in the face.b. 03/30/2008 at about 3:10 a.m.a patron in the premiseswas punched byan unknown subject.c. 04/26/2008 a clubpromoterattempting to break up a fight insidethepremises was punched in the head.d. 06/01/2008 at about 3:21 a.m.an intoxicated patron assaulted anemployee. Portland PoliceCase#08-51974.e. 06/08/2008 at about 3:15 a.m. an intoxicated and unrulypatron wasremoved from the premises bypolice. Portland Police Case#08-54660.f. 06/18/2008 at about 2:00 a.m. in the process of removing a patron fromthepremises, securityofficersand thepatrondamaged a nearby vehicle.Portland PoliceCase#08-58292.g. 06/22/2008 at about 1:33 a.m. onepatron punched a second patron in thechestandchallenged the second patron to a fight. The first patron wasarrested andcited for harassment. Portland PoliceCase#08-59654.h. 07/20/2008 at about 1:41 a.m. an intoxicated patronwas being aggressivewith security. In addition, police found that the patronwas only20 yearsold. TheCommission gave the licensee a warning regarding failing to

verifythe age of a minor. Portland Police Case#08-70013.i. 07/26/2008 at about 2:03 a.m.an intoxicated patrontried to start a fight.The patron was taken by policeto Detox. Portland PoliceCase#0872221.j. 01/12/2009: an anonymous complainant saidthe licensee wasallowingminors inareaprohibited tominors andallowing minors to be servedalcohol. On 01/12/2009 the Commission gave the licensee awarningregarding this issue.k. 03/14/2009 at about 12:55 a.m. the licensee permitted a minor in anareaprohibited to minors. The licensee received a violation from theCommission andpaida fine onApril 20, 2009.I. 05/07/2009 at about 5:45 a.m.anemployee of the premises was in amotorvehicle accident. The employee reported to policethat he had justcomefrom this premises. OnOS/21/2009 the licensee received a warningregarding after-hours drinking andover-service of alcohol.m. 05/17/2009 at about 2:30 a.m. a security officerwas attacked by patronsfrom the premises.n. 08/26/2009 at about 12:21 a.m. Portland police responded to the premisesregarding a patronwhowas threatening to shoot an employee at the


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Fat Jack's, LLCFat Jack's Saloon/Mynt Gentlemen's ClubFebruary 11, 2010C Page 25 of 27premises. The patron was visibly intoxicated and unable to care forhimself.o. 10/08/2009 at about 11:45 p.m. Portland police found a highly intoxicatedpatron outside the premises. The patron was taken by police to Detox.The licensee received a warning from the Commission on 11/03/2009regarding over-service of alcohol to patrons.

ANALYSIS OF FACTS AS APPLIED TO CRITERION #6Over the past 17 years, Mr. Tracy Doss has been involved with several liquor-licensedpremises as either the manager and/or the permit holder. The locations listed abovecover a span of 9.5 years during the past 17 years. During these 9.5 years there havebeen many incidents; such as: sale or providing alcohol to minors; minors being in anarea prohibited to minors; over-service of alcohol to patrons; and unlawful activitiessuch as prostitution, disorderly patron activity, after-hours service of alcohol, and thesale and/or possession of drugs by employees and patrons.Restrictions on the license are needed to: Eliminate or prevent conditions that lead to over-service of alcohol to patrons.Typical restrictions to address this issue are.restrictions that limit the number ofcontainers of alcohol that a patron can possess at one time, limit the amount ofalcohol allowed per container, and reduce the time of late-night alcohol sales andservice. Eliminate or prevent conditions that lead to unlawful activity. Typical restrictionsto address this issue are restrictions that prohibit "after-hours" operations, requirea minimum number of security people during peak times, set minimumobservation requirements for areas adjacent to the premises, and ensure thelocal government's noise ordinances are not violated. Eliminate or prevent conditions that lead to minors obtaining alcohol or being inan area prohibited to minors. Typical restrictions to address this issue arerestrictions that require age verification equipment and prohibit minorentertainers.

CONCLUSION FOR CRITERION #6The following restrictions will help to eliminate or prevent conditions that havecontributed to or that the Commission reasonably believes will contribute to liquor orcriminal law violations by the licensee, patrons of the licensed premises or the public:


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Fat Jack's, LLCFat Jack's Saloon/Mynt Gentlemen's ClubFebruary 11, 2010Page 26 of 271. Licensee shall limit each patron to possessing no more than one container ofalcohol at a time and shall limit the amount of alcohol in a container to no morethan 16 ounces of malt beverage, 6 ounces of wine, or 2 ounces of distilled

spirits:2. . Licensee shall stop the sale and service of alcohol at 1:30 am daily.3. The premises will be closed to the public between the hours of 2:30 am and 3:00pm daily.4. Licensee shall have at least four DPSST certified security people on thepremises and on-duty Thursday through Saturday from 9:00 pm to the close ofbusiness.5. Licensee will ensure that the parking areas under the licensee's control and theoutside areas adjacent to the premises are patrolled at least every 15 minutesstarting at 9:00 pm until the close of business to discourage loitering and illegalactivity.6. Licensee will ensure that the noise level from inside the premises does notviolate the City of Portland's noise ordinance.7. Licensee will have Age Verification Equipment, as defined in OAR 845-0090140(1)(b), at every point of entry to the premises and will utilize the equipmentto verify the age of every patron or potential patron who reasonably appears to

be under 26 years of age.8. Licensee is prohibited from employing, using, or allowing entertainers under theage of 21.

OVERALL CONCLUSION If the problems that occurred at Fusion/Spyce Gentlemen's Club while TracyDoss was a manager there provide a denial basis, restrictions on the licenseprovide sufficient good cause to overcome the denial basis. There is not a history of serious and persistent problems at this premises. No facility of the type listed in OAR 845-005-0326(2)(a)(A) has established thatthe operation of Mynt Gentlemen's Club will interfere or conflict with thespecialized activities of that facility.


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Fat Jack's. LLCFat Jack's Saloon/Mynt Gentlemen's ClubFebruary 11, 2010( ' Page 27 of 27

Mr. Doss did make false statements to the Commission; however, they were notmaterial false statements. Mr. Doss does not have a disregard for the law sufficient to show poor moralcharacter. Restrictions are needed on the license for two reasons. First, to providesufficient good cause to prevent the problems that have occurred atFusion/Spyce Gentlemen's Club from occurring at this premises. Second, toeliminate or prevent conditions that have occurred at Fusion/Spyce Gentlemen'sClub and other premises that Mr. Doss has controlled that the Commissionreasonably believes will contribute to liquor or criminal law violations by thelicensee, patrons of the licensed premises or the public.

Sarah Morgan


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yourllw olan mud bt lubm'lt8d OD this fOrm. Uae a S8panlte Floor Plan Form for each level orIIoor ofthe buildIng. AppllC$llIll must provide a sketch that shows the speclllc area of \he premIA'(e,g. dInIng 8198, bar, loungs, l


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.'.

Bureau of Police .Dan Saltzman, PoliceCommissionerRosanne M.SIzer, Chief of Police1111 S.W. 2nd Avenue. Portland, OR97204. Phone: 503-823-0000. Fax: 503-823-0342Integri ty Compassion Accountability Respect Excellence Service

September2, 2009

Steve Pharo, DirectorOregonLiquorControl Commission9079SEMcLoughlin BoulevardPortland, Oregon 97222-7355

RE: Liquor License Application,NewOutlet,Full On-Premises SalesUNFAVORABLE RECOl\1MENDATlONFat Jack's .3390 NESandyBoulevard 'Portland, Oregon ~ 7 2 3 2 .Licensee: TracyDoss

DearMr.Pharo:

The-PortlandPoliceBureau has completedits investigation on the above referenced liquor.license renewal. Based on PortlandCityCode 14.B.1.00'.030, (F) (1) an unfavorablerecommendation is submitted-forthe following reasons:Pursuant-to theCity'ofPortland CodeandCharter, Chapter 14B.100.030 (F) (1) Application.Procedure, regarding liquor license recommendations, "i f theChiefof.Police.findthat therearevalid grounds tomakean unfavorable recommendation to the Oregon Liquor Control .Commissionas provided by Oregon liquor laws, the Q h i 6 f Q f ~ Q l i c e shall forward anunfavorablerecommendation directlyto the OregonLiquorControl Commission."The basis for. this unfavorabie recommendation can b found'underOAR 845-005-0326 (1) (a).OAR 845-005-0326 states ORS 471.313 (1) allows theCommissionto denya license' that publicinterestsor convenience does not demand. The following are some of the reasons for'which theCommissionmay deny a license unlessthe applicant shows good cause to overcomethecriteria:1. Alcohol-RelatedProblems atOtherLicensed Premises; " . ' .a. The applicanthas hadrepeated problemsatanother licensedlocation.during the two yearspreceding this application or has-hada licensecancelled or renewalrefused becauseofproblems with disturbances,unlawful activitiesor noise.

Community Polldng: Making the Difference T o g e t h ~ r. . An Equal Opportunity Employer .P ' h ~ 'o '"m."en UM' S03"' 4636, rrr (rerh"riog''''''-@J 503'' ' ' :4736 W".", h ' . " " _ w . , , , " " " ' ' ' ' ' ' ' ' ' ' ~ ' " ' ' ' ' ' ' '


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.....

Mr.StevePharoATIACHMENT2September 2, 2009. Page2

TracyDossis oneof the licensees on this application. Mr.Dosswas a prior licensee atFusion, anightclubpreviously located in the OldTownNeighborhood ofPortland.WhileMr. Dosswasthe licensee at Fusionthe business committed a Cityof PortlandTime, Place,andMannerviolationdue to thehigh incidence of assaults and othernuisancerelated activities. Mr. Doss waseventually able to reduce the problemsby changingthename to Spyce Gentlemen's Club, andchangingtheformat from a night club to an adult entertainment establishment.On June 1,2008, at approximately 3:21 AM,PortlandPoliceOfficers responded to areport of an,assault, Officers determined that an intoxicated pap-on grabbedan employee around the neckwith two hands causing the employeeto be choked. Thepatron's actions werea violation of .ORS 166.025. PortlandPolice Case #08-51974.On June 8,2008, at approximately 3:15 AM,PortlandPoliceOfficers were flagged downbylocation security in regards to an out of controlpatronwhowas being removedfromthe bar.Officers tookthe unruly patron into custodyforadetoxholddue to his intoxication andcombative behavior. Portland Police Case#08-54660.On June 18, 2008, at approximately 2 AM,a passerbywaswalking to his vehicle, whichwasparked in front ofthe location. The passerby saw an altercation inside of the location andwatched as two security officers kicked a patronout of the bar and.onto the sidewalk. Thepasserbysaidthepatron got up and the securityofficersran at the patron and impactedthepasserby's vehicle, causing damage. The passerbyattempted to deal directlywith the location toget the damage tohis vehicle fixed, but the locationwasnot cooperative. PortlandPoliceCase#08-58292. .On June22,2008, at approximately 1:33 AM,PortlandPolice Officers were flagged down by. an.employee'Ofthe location in regards to an assault. Officers determined that a patronpunchedanother patronin the chest and said, "let's go!" as i fchallenginghim to a fight. 'When securityapproached the altercation the aggressorran from theclub. The-subject was arrested andcitedfor harassment, Portland Police Case #08-59654.On July 20, 20(:)8, at approximately 1:41 AM,Portland P o l i c e ' O f f i c e ~ s were flaggeddownbysecurity at the location about an intoxicatedsubject. The intoxicated subjeethad beenkicked' out. -, of the location andwas now being aggressive with security. The subject was unableto followbasic commands based on his high level of intoxication andwas subsequently takeninto custody. for a detox bold. During an inventory searchof his personand backpack officersfoundagallonbottle ofSmimoffvodka. The subject was identified by officers with his Oregon Identificationcard and was only 20'years old. Portland PoliceCase#08-70013. .On July26, 2008, at 2:03 AM, Portland PoliceOfficerswere flagged down by securityat thelocation in regardsto an intoxicated male subjecttryingto start a fight. The intoxicatedsubjectwas taken intocustody for a detox hold, as hewas unableto care for himselfandwas a dangertoothers due tohis behavior. 'PortlandPolice Case#08-72221. . ' .


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....

.Mr, StevePharo

..' . .....ATTACHMENT 2September 2, 2009Page 3

. Fat Jack's has beenproposed to become an establishment operating in anight club format.Therefore, theCityof Portland believes that thehigh incidence of assaults andothernuisanceactivities thatoccurred at the previous licensed location operated byMr. Dosswhenit wasoperatedunder thesamenightclub format will occur at this licensed premise.For the reasons stated above, the Cityof Portland andthePortland PoliceBureau makean

,.. unfavorable r e c o m m ~ n d a t i o n for this liquorlicense application,Should theOLCC renewthe liquorlicense forCabaret, theCityof Portland andthePortlandPolice Bureau request that the following restrictions be considered:1. . Requirement that the establishment follows thebusiness operation planthelicensee submitted to theOLCC.If you have anyquestions or would like furtherinformation, pleasecontact Officer JacobClarkin theDrugsandViceDivisionat (503) 823-0429.

Sincerely, .~ ~ ~ .ROSANNEM. SIZERChief of Police

RMS/JRC

cc: Assistant ChiefBret SmithCommanderMikeReeseShannon Hoffeditz OLCCEnforcementTheresaMarchetti, aNI


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Eric Fruits, Ph.D.PresidentLaurelhurst Neighborhood Association

4318 NE RoyalCourtPortland, OR [email protected]

Sarah Morgan, License InvestigatorOregon Liquor Control Commission9079 SE McLoughlin BoulevardPortland, Oregon 97222-7355RE:

RECEIVEDFEB 09 20tO

f' a861MC18 O ' V l a l ~. . LIlIJCItOOMlRClLOOYW88lGMLiquor License Application, New Outlet, Full On-Premises SalesFat Jack's alk/a Fat Jack's Saloon alk/a Fat Jacks LLC3390 NE Sandy BoulevardPortland, Oregon 97232Licensee: Tracy and Sherri Doss

Dear Ms. Morgan:Last year Fat Jack's LLC submitted a liquor license application for an establishment at3390 NE Sandy Blvd. The last business operating at that location was La Fortuna, a countrywestern themed nightclub serving the Mexican community. The owners o f La Fortuna enteredinto a Good Neighbor Agreement with neighbors. Even so, the nightclub had numerousproblems-fights, noise, litter, drunk driving. The nightclub eventually closed after one of itscustomers was murdered outside the establishment.Based on the past experience with a nightclub at that location, many members o f theneighborhood expressed their opposition to the Fat Jack's application. After meeting with theLaurelhurst Neighborhood Association (LNA) board in July 2009, the applicant agreed tonegotiate a Good Neighbor Agreement.In September 2009, the Portland Police Bureau issued an "unfavorable" recommendationregarding the application. The unfavorable recommendation was based on Tracy Doss' pastexperience with a nightclub in downtown Portland.At the September 2009 LNA general meeting, the membership voted unanimously (with oneabstention), to support the Police Bureau's unfavorable recommendation. The LNA continues tosupport an unfavorable recommendation.Soon thereafter, the applicants indicated that they no longer wanted to negotiate a GoodNeighbor Agreement. Soon after that, they amended the application to show that theestablishment would be a strip club with nude entertainers. The application also amended days

Laurelhurst Neighborhood Association Board MembersEric Fruits (president); Beth Zauner (Vice President): M.J. Coe (past President and SEUL Representative);Jeanne Ferguson(Secretary): Kristi Kasparek (Treasurer); Goudara Eghtedari (Newsletter Editor); Gary Naylor (At-Large Rep.): Elena McPhee (N EQuad Rep.);Lyle Howard (NW Quad Rep.): Kelly Rocian (SE Quad Rep.);Jim Edelson (SW Quad Rep.)


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Sarah MorganPage 2 of4

RECEIVEDFEB 0' 20tO

U l BC'fMfii ftIVII>Nand hours of operation, i n d i c a t i n ~ I ~ ~ e n from 3:00 p.m, to 2:30 a.m., sevendays a week.The Oregon Liquor Control Commission (OLCC) met in December, 2009 to consider the licenseapplication. Based on information presented at the meeting, the Commission delayed theirdecision until their February, 20I 0 meeting. At the meeting, Commission Chairman Phillip Langinformed the applicant: "You need to work out a Good Neighbor Agreement. This licensee isdoomed to failure if there's no agreement with the neighborhood."At the December, 2009 LNA board meeting the applicant and the neighborhood agreed that:

1. Theresa Marchetti , from the City ofPortland Office ofNeighborhood Involvementwouldcontact the parties to set up a working group to discuss the details of the Good NeighborAgreement.

2. The discussions would be mediated by Resolutions Northwest. Anne Dufay fromSoutheast Uplift would identify a mediator and provide the information to Ms. Marchetti.

3. Gary Naylor would represent LNA's interests in the discussions.4. A near-final agreement would be presented to the LNA general meeting on January 26,

2010.On January 21, 2010, a working group consisting of neighbors, the applicants, andrepresentatives from LNA met to negotiate the Good Neighbor Agreement. The discussion wasproductive to the point that the parties agreed on all aspects of the Good Neighbor Agreement(attached), with two exceptions:

1. The applicants refused to consider any reduction in their operating hours from the hoursstated in the amended application. Representatives of the neighborhood implored theapplicants to consider closing earlier than 2:30 a.m, to reduce the negative impacts onneighborhood livability. Weeknight operating hours are a key concern to familiesdesiring to have sufficient sleep to succeed at work and school. Applicants emphaticallyrefused to even consider closing one hour earlier on weeknights.

2. Representatives from the neighborhood requested that the applicants agree to allowcertain terms of the Good Neighbor Agreement be added as restrictions on their liquorlicense. Initially, applicants roundly rejected the neighborhood's request. Later in themeeting, applicants indicated that they would consider some restrictions only ifLNAagreed not to oppose the liquor license application.

While the neighborhood continues to oppose the application and Good Neighbor Agreementnegotiations appear to be at an impasse, LNA is eager to have a Good Neighbor Agreement in


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Sarah MorganPage 4 of4

REceiVEDFEB &92010

uarl8lemwtCE8DIVISIONa-.UQUOAClOIft'RtlQl6iMlSSiOO

Enclosure: Draft Good Neighbor Agreement, January 26, 20I0


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A~ S UnliftNEIGHBORHOOD ~ O A L I T I O N

February 8, 2010

Chairman Phillip D. LangCommissioner Robert RiceCommissioner Ron RoomeCommissioner Alex DuarteCommissioner Cassandra SkinnerLopataOregon Liquor Control Commission9079 SE McLoughlin BoulevardPortland, Oregon 97222-7355

Southeast Uplift3534 SE Main S

Portland, OR 97214p: 503 232-0010f: 503 232-5265

www.southeastupli ft.org

RE: Mynt Gentlemen's Club (previously Fat Jack's) Liquor License Application, 3390 NE SandyBoulevardDear Chairman Lang, Commissioner Rice, Commissioner Roome, Commissioner Duarte, andCommissioner SkinnerLopataThe Southeast Uplift board of directors unanimously supports the Laurelhurst NeighborhoodAssociation in their opposition to the Mynt Gentlemen's Club liquor license application. Westrongly urge the OLCC to deny the application.Tracy Doss, one of the principles in the proposed establishment, has a long history of serious andpersistent alcohol-related problems at businesses in both Portland and Ohio. On September 2,2009, Portland Police Bureau submitted an Unfavorable Recommendation for the liquor licenseapplication at 3390 NE Sandy (then proposing to operate under the name "Fat Jack's"). Theunfavorable recommendation was based on.a series of assaults and nuisance activities at a nightclub in Old Town Portland (operating at times as either Fusion or Spyce Gentlemen's Club)owned and operated by the applicant. DRS 471.313 allows the Commission to deny a license thatpublic interest or convenience does not demand. OAR 845-005-0326 defines public interest andconvenience reasons as alcohol-related problems at other licensed premises. The compliancehistory of Fusion/Spyce Gentleman's Club provides denial criteria for this application.Further denial criteria involves the applicant providing material false or misleading information tothe Commission on the application. There is evidence that the liquor license applicant providedincomplete and misleading information on the application. Lapses on the application includefailure to disclose Mr. Doss's financial interest in the business, as well as the history of liquor

f'Uplifting community advocacy since 7968.Ardenweld-Johnson Creek' Brenlwood-Darlington Brooklyn' Buckman' Creston-Kenilworth Eostmoreland FosterPowellHosford-Abernethy Kerns' Lourelhurst Montovillo Mt. Scott-Arleta Mt. Tobor North Tobor Reed, Richmond

Sellwood-Morelond S o Sunnyside Wood"o,k


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SE UoliftNEIGHBORHOOD ~ O A L I T I O N

Southeast Uplift3534 SE Main StPortland, OR 97214p: 503 232-0010f: 503 232-5265

www.southeastuplift.org

license violations in Ohio.Mr. Dossalso has a longhistory of violations in the State ofOhio.Reported issuesinclude the presenceof drugs, weaponsand prostitution. These problemsultimately led theOhio Divisionof Liquor Control to revokethe establishment's liquor license.OAR 845-005-0327 allows the Commissionto use a matrixas the decision-making tool in lieuofusing individual license refusal bases. According to this OAR ifan applicantreceivesa total of10or more points they are deemeda future liquor law compliancerisk and the Commission shalldeny the licenseapplication. The Commission hasdenial criteria because the applicantomittedthe Ohio liquor licenserevocationwhich isworth 10points. We urge the Commission to use thiscriteria to deny the application.For these substantivereasons,SoutheastUplift supportsboth the LaurelhurstNeighborhoodAssociationand thePortlandPoliceBureau in recommending that this applicationbe denied.Yours truly,

MarianneColgroveSEUplift BoardChair

cc: SarahMorgan,OLCCLaurelhurstNeighborhoodAssociationPortlandCommissionerAmandaFritzAnneDufay, SoutheastUplift

Uplifting community advocacy since 1968.Ardenwald-Johnson Creek Brentwood-Darlington Brooklyn Buckman Creston-Kenilworth Eostmorelond Foster-PowellHosford-Abernethy Kerns Lourelhurst Montovillo Mt. Scott-Arleto Mt. Tabor North Tabor Reed Richmond

Sellwood-Moreland South Tabor unnyside Woodstock


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TEEN CHALLENGEINTERNATIONALl1l..e Falth8BseduSclll!I.o.n-'.or t ~ e . . ! l . " . I g ~ p l d e m ! cPACIFIC NORTHWESTCENTERS

Oregon Liquor Control Commission9079 S.E. Mcloughlin Blvd.Portland Oregon 97222-7355

2/4/10

Corpofale Executive OfficeRev. Chris HodgesAdmlnl.trltlon Office75TangentP.O. Box609Lebanon,OR97355Ph. (541) 259-3380FAX (541) 259-6709VlSil ourwebsite at:www.leenchallengepnw

Re; Permit application ofFat Jack's Saloon/Mynt Gentleman's Club,NE SandyBlvd.Portland OR

TriClllo.Men's OutreachP.O. Box 5246Pasco,WA. 99302Ph. (509)547.2389FAX (509) 5421187WIIlamelte VaDeyTnlnlnP.O. Box lOBShedd, OR. 973nPh. (541)491.1002FAX(541)4911005

Adolescent OutreachP.O. Box 70172Eugene.OR9740tPh.(541) 726-5454FAX (541) 726-5474CentralOregonOutreachP.O. Box 5223Bend, OR.mOB1541} 678-5272I'ax (541) 678-5300GnhamWoman'.CenteBernIce AahertyHomeP.O. Box 344Graham.WA.98338Ph.12531846-0888FAX (253)847-4140Montana OutreachP.O. Box 573Lolo, MT. 59847Ph. (4061543-1912FAX (406)3277441PortlandMetro Men's CeP.O. Box 14885Portland.OR97293Ph. (503)230-1910FAX (503) 239-0340SeattleMetroMen'.Cente14201 SE PelJOvilskyRd.SteA3-400Renton. WA.98058Ph. (425j 226-2008FAX (425) 226-2504Suttle MetroWomen's CP.O. Box 17710Seattle, WA. 98127Ph.(2C6) 7217555FAX (206) 7215t1tSpolllneMen's Centet2400N.Craill Rd.Spokane, WA. 99224Ph.(509) 244-5610FAX (509) 244-0171TCIMinIstry lnatltuteP.O. Box 2146LebanCin. OR97355Ph.(541) 259-3401FAX (541) 4513606Trl-Cl1lesWomen'sJail OutreachP.O. Box 1218Richland, WA. 99352Ph.(509)946-5395FAX (5G9)946-3553

FEB 011 2010RECEaVED

/ CJf I--Serving Oregon, Washington, Northern Idaho and Montana --------,

Teen Challenge International PacificNorthwest is a 501 3c non-profit religiousorganization, and is classified as a church providing recovery services to individuals seekingfreedom from the addictions ofdrugs and alcohol. Our facility located at 3327NE SandyBlvd. is within 500 feet of the proposed applicant business. We are a crisis center workingwith individuals who in many cases are only days into the recovery process. Just because wehave two facilities in the area, 3121 NE SandyBlvd,where our office and thrift store islocated, and 3327NE Sandy Blvdwhere we house our clients, does not mean that therecovery process takes place at the one location and not the other. In fact, there is much thathappens at both locations that is interconnected.

My past experience with regard to the proposed location and its sale of alcohol isextensive. Having been a resident at 3327 for the past 4 years, I have witnessed first hand (1)late night use ofalcohol outside the facility, (2) flagrant excessive use ofalcohol and drugshundreds of feet from the facility, (3) many public disturbances including a murderdue toexcessive alcohol consumption.

It is the opinion ofTeen Challenge and their staff that granting a license to theproposed applicant will result in significant cases of client relapse back into drugs andalcohol use due to the visible and flagrant use of alcohol during the vulnerable "crisis phase"of in patient recovery.

Therefore, under OAR-055-0336 this recovery facility is classified by the state as a"protected facility." Under the ''protected facility" classification the state recognizes that"alcohol and other treatment or rehabilitation facility(ies)" must be protected fromdetrimental outside influences including dispensers of alcohol. Under this definition "TeenChallenge" is classified as a "protected facility." The applicant has proposed to openoperations within 500 feet of the Teen Challenge facility which puts it well within the sphereof influence. As such, Mynt Gentleman's club posesa severe risk to Teen Challenge and, assuch, denial of the application for a liquor license is imperative.

Yours truly,~ ? Robert CinnamonInterim DirectorTeen Challenge InternationalPortlandMen's Center3121NESandy Blvd. OR 97232


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Re; Permitapplication of Fat Jack's SaloonlMynt Gentleman's Club,NE SandyBlvd. inPortland.

CorporaleExetutlveOffice!ChrIsHodgesAdministration Office1STangenlP.o.Box609lebanol\OR 91355!l.(541) 259-3380FAX(541)259-6109WWJeenchallengepnw.cem

Central Oregon OutreacllP.O.Box 5223Bend,OR.moaP!l.(541)678-5212FAX (541) 618-S300eugeneWomen's OutraechHannah's Heuse859&9 SaileyHiD Ad.E u g m e . O R 9 7 ~ 1PI\. (541)344--1328FAX (541) 344--1351GrahamWClmen's CenlerBernIce Flaherty HClmeP.O.Box344Gtaham,WA 98338Ph.(253)846-0888FAXl2531841-414OMClnlana 0utIeach3815 SCluth 7th51.W.MlslCUIa. MT59804Ph. (406) 543-1912FAX (406) 3211441PoItJand MetroMen's CenterP.O.Box 14886Portland. OR 91293-0886Ph.(S03) 230-1910FAX lS03) 2 3 ~ 3 4 0seattleMewMen's Center14201 5E Pelrcvitsky Rd.SteAl-400enIcI\WA. 9Sll58Pll.142S1 226-2608FAX (425-226-2504seattleMe1roWomen'sCntrP.O.8axlmoseattle.WA 98121P!l.(206Jm155SFAX (206)1215111SpolcaneMan's Center2400NCraig RoadSpokane,WA 99224-9568Ph.(S09) 244-5610FAX (509) 244-0111TCIMinistry InstituteP.O.8ax2146lebancn.OR 91355Ph. (541)259-3401FAX (541) 45136(16Tn.clllesWclmen'sJaQ 0utIeachP.QBox 1218Ridlland.WA 99352P!l.(509)946-5395FAX (509) 946-3553Tn.clllesMen's OutreachP.o. 8clC 5246PalCO, WA.99302Ph.(S091547-2389FAX (509)542-1187WlllametteValleyTrelnlng Cnlr.P.O.8clC loaShedd.OR913nP!l.(541)49HOO2FAX (541)4911005

!:.:. . ., ~ - - - ..

FEB 04 2010R E C E ~ V E D

f1EGULATORY FIELD SERV1GE8O r e , : o ~ 1 t ' ~ t : o r C : r ' l ' : ~ : ; i I : - > j l ~ ~ , " , : : : ~ : ~ , ~ r ;

- - Serving Oregon. Washington, N o r t@ o andMontana

OregonLiquorControlCommission9079 S.E.McLoughlin Blvd.PortlandOregon 97222-7355

Wearea crisiscenterworkingwith individuals whoinmany cases are onlydaysoldin the processof recovery. Somecome from lifestyles thathavean appearance of normalcybutare crippledin thesecrecyofalcoholism. Otherscomedirectly from livingon the street.Mostofthem can testify to the truth that not everything thathappens in establishments suchas theoneproposed here by theapplicant stays inthe establishment. As reported to theOLCCby thePortlandPoliceDrugs andViceUnit's LiquorInvestigator, there is a longhistory of seriousandpersistent problemsof the previous licensee at theproposedlocationwith, amongother things, incidents in the parking lot.While anOLCCstaffmember, aMr.Croy,commentedat thefirst hearingon this application that thehistory of problems at theproposed locationis too remoteto be considered, TeenChallenge urgesyou to consider it,because to our staff itwas likeyesterdayand likely to berepeated if theOLCC licenses theapplicant.

TeenChallenge International PacificNorthwest isa 501 3c non-profit religiousorganization. Weare classified as a churchproviding recovery services toindividuals/students seeking freedom from the addictions of drugs andalcohol. Our facilitylocated at 3327NESandyBlvd. iswithin500 feetof theproposed applicantbusiness. Onanaverage, 30 to40 students resideat this location at any giventime,and lastyear weservedatotalof 171 menall of whowere residents at this location duringtheir time in theprogram.TheresuItof having this businessin suchclose proxim ity toour students is that itwillcreatea steadyflowofopportunities that canderailthe effortsofmentryingto establisha newbeginning for themselves.

As explained below,the grantingof a license in the location set out intheapplication referenced aboveis not demanded bypublic interest. Indeed, it is contrary to thepublic interest. Inaddition, thereare sufficient licensed premises in thevicinity. For thesesreasons, theOLCCshouldrefuseto licenseFat Jack's Saloon/Mynt Gentleman'sClub.

Intoxication will not stay indoors. Andcontainers, paraphernalia, and pornographywill find theirwayto thestreetsandconsequently confront thosewho pass by.Ourstudentsare alreadyconfronted by andstrugglewith th

olcc staff report on 3390 ne sandy liquor license application 100212

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