Laurelhurst Neighborhood Association Letter To Olcc Regarding Fat Jack's Liquor Application

Eric Fruits, Ph.D. President Laurelhurst Neighborhood Association

Charles L. Ellis, License Investigator Oregon Liquor Control Commission 9079 SE McLoughlin Boulevard Portland, Oregon 97222-7355 RE:

Liquor License Application, New Outlet, Full On-Premises Sales UNFAVORABLE RECOMMENDATION Fat Jack’s a/k/a Fat Jack’s Saloon a/k/a Fat Jacks LLC 3390 NE Sandy Boulevard Portland, Oregon 97232 Licensee: Tracy Doss

Dear Mr. Ellis: Sherri and Tracy Doss propose opening an establishment (“Fat Jack’s”) at the above referenced address within the Laurelhurst Neighborhood in the City of Portland. The establishment would be a country-themed night club with live and recorded music at least three nights a week. The Laurelhurst Neighborhood is a residential neighborhood, with only two restaurants operating in the entire neighborhood. As such, it is a neighborhood that is not suitable for a night club. At its general meeting on September 29, 2009, the Laurelhurst Neighborhood Association voted to support the Portland Police Bureau’s September 2, 2009 unfavorable recommendation regarding the above referenced liquor license application. As noted in the Portland Police Bureau’s letter (attached), Oregon statutes and administrative rules allow the Oregon Liquor Control Commission to deny a license that public interests or convenience do not demand. In particular OAR 845-005-0326 specifies that a license may be denied if the applicant has had repeated problems at another licensed location during the two years preceding this application or has had a license canceled or renewal refused because of problems with disturbances, unlawful activities, or noise. Tracy Doss is one of the licensees on the application. As noted in the Portland Police Bureau’s letter, Mr. Doss was a prior licensee at Fusion, a night club previously located in the Old Town Neighborhood of Portland. The letter identifies six occasions in the preceding two years that satisfy the criteria for denial specified by OAR 845-005-0326. In addition, the Portland Police Bureau’s letter states that while Mr. Doss was the licensee at Fusion, the business committed a

Laurelhurst Neighborhood Association Board Members Eric Fruits (President); Beth Zauner (Vice President); M. J. Coe (Past President and SEUL Representative); Jeanne Ferguson (Secretary); Goudarz Eghtedari (Newsletter Editor); Gary Naylor (At-Large Rep.); Elena McPhee (NE Quad Rep.); Lyle Howard (NW Quad Rep.); Kelly Bocian (SE Quad Rep.); Jim Edelson (SW Quad Rep.). Vacant: Treasurer.

Charles L. Ellis Page 2 of 2 City of Portland Time, Place, and Manner (TPM) violation due to the high incidence of assaults and other nuisance related activities. It is for these reasons that the Laurelhurst Neighborhood Association supports the Portland Police Bureau’s unfavorable recommendation regarding the above referenced liquor license application. After the TPM violation, Mr. Doss changed the name of Fusion to Spyce Gentlemen's Club, and changed the format from a night club to an adult entertainment establishment with topless and/or nude entertainers. In meetings with representatives of Laurelhurst Neighborhood Association, Mr. Doss has indicated that he would seriously consider converting Fat Jack’s to an adult entertainment venue if the country-themed night club is not profitable within 90 days of opening. Any such conversion would be in conflict with the business information submitted by the applicant (attached), stating that the establishment would not have nude entertainers. Moreover, such a conversion would have substantial negative impacts on the Laurelhurst neighborhood and its homeowners’ property values. It is for these reasons that the Laurelhurst Neighborhood Association supports the Portland Police Bureau’s recommendation that if a liquor license is issued to the applicant that the establishment follow the business operation plan the licensee submitted to the Oregon Liquor Control Commission. Respectfully submitted

Eric Fruits, Ph.D. President Laurelhurst Neighborhood Association