Portland Police Bureau Unfavorable Recommendation For Fat Jack's Liquor License

Bureau of Police Dan Saltzman, Police Commissioner Rosanne M. Sizer, Chief of Police 1111 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, Director 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 3390 NE Sandy Boulevard Portland, Oregon 97232 Licensee: Tracy Doss

Dear Mr. Pharo:

The Portland Police Bureau has completed its investigation on the above referenced liquor license renewal. Based on Portland City Code 14.B.100~030, (F) (1) an unfavorable recommendation is submittedforthe following reasons: Pursuant-to the City ofPortland Code and Charter, Chapter 14B.I00.030 (F) (1) Application . Procedure, regarding liquor license recommendations, "if the Chief of Police find that there are valid grounds to make an unfavorable recommendation to the Oregon Liquor Control Commission as provided by Oregon liquor laws, the Chiefof Police shall forward an unfavorable recommendation 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 public interests or convenience does not demand. The following are some of the reasons for which the Commission may deny a license unless the applicant shows good cause to overcome the criteria: 1. Alcohol-Related Problems at Other Licensed Premises; The applicant has had repeated problems at another licensed location a. during the two years preceding this application or has had a license cancelled or renewal refused because of problems with disturbances, unlawful activities or noise.

Community Policing: Making the Difference Together An Equal Opportunity Employer , Police Information line: 503-823-4636, TIY (for hearing and speech impaired): 503-823-4736 Website: http://www.portlandpolicebureau.com

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, a night club previously located in the Old Town Neighborhood of Portland. While Mr. Doss was the licensee at Fusion the business committed a City of Portland Time, Place, and Manner violation due to the high incidence of assaults and other nuisance related activities. Mr. Doss was eventually able to reduce the problems by changing the name to Spyce Gentlemen's Club, and changing 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 Ofan assault. Officers determined that an intoxicated patron grabbed an employee around the neck with two hands causing the employee to be choked. The patron's actions were a violation of ORS 166.025. Portland Police Case #08-51974. On June 8,2008, at approximately 3:15 AM, Portland Police Officers were flagged down by location 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 and combative behavior. Portland Police Case #08-54660. On June 18, 2008, at approximately 2 AM, a passerby was walking to his vehicle, which was parked in front of the location. The passerby saw an altercation inside of the location and watched as two security officers kicked a patron out of the bar and onto the sidewalk. The passerby said the patron got up and the security officers ran at the patron and impacted the passerby's vehicle, causing damage. The passerby attempted to deal directly with the location to get 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 punched another patron in the chest and said, "let's go!" as if challenging him to a fight. When security approached the altercation the aggressor ran from the club. Thesubject was arrested and cited for harassment. Portland Police Case #08-59654. On July 20, 2008, at approximately 1:41 AM, Portland Police Officers were flagged down by security at the location about an intoxicated subject. The intoxicated subject had been kicked out of the location and was now being aggressive with security. The subject was unable to follow basic commands based on his high level of intoxication and was subsequently taken into custody for a detox hold. During an inventory search of his person and backpack officers found a gallon bottle of Smimoff vodka. The subject was identified by officers with his Oregon Identification card 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 the location in regards to an intoxicated male subject trying to start a fight. The intoxicated subject was taken into custody for a detox hold, as he was unable to care for himself and was a danger to others due to his behavior. Portland Police Case #08-72221.

Mr. Steve Pharo

September 2, 2009 Page 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 nuisance activities that occurred at the previous licensed location operated by Mr. Doss when it was operated under the same night club format will occur at this licensed premise. For the reasons stated above, the City of Portland and the Portland Police Bureau make an unfavorable recommendation for this liquor license application. Should the OLCC renew the liquor license for Cabaret, the City of Portland and the Portland Police Bureau request that the following restrictions be considered: 1. Requirement that the establishment follows the business operation plan the licensee submitted to the OLCC. If you have any questions or would like further information, please contact Officer Jacob Clark in the Drugs and Vice Division at (503) 823-0429.

Sincerely,

R~~.~. ROSANNE M. SIZER Chief of Police

RMS/JRC

cc:

Assistant ChiefBret Smith Commander Mike Reese Shannon Hoffeditz OLCC Enforcement Theresa Marchetti, aNI