Issue
The City of Portland gave the applicant an unfavorable recommendation based on what
it believes is the applicant’s problems at another licensed location.
Other neighbors are opposed to the application based on problems that occurred under
the prior owner.
Discussion
The City of Portland and the Laurelhurst Neighborhood Association mistakenly believe
that applicant Tracy Doss was previously licensed at another premises called Fusion.
Mr. Doss was a manager of Fusion; however, he was not a licensee of the Commission
at that premises so this reason does not provide a basis to deny this license.
Regarding the incidents involving noise complaints, since there were no citations issued
by the City of Portland for violating its noise ordinance, the incidents involving noise
complaints can’t be considered under ORS 471.313(5).
Regarding the incidents other than those involving noise, the last incident occurred in
January 2008. The passage of time since this incident is approximately two years; this
by itself is sufficient to show that the history of serious and persistent problems is no
longer current at this premises. In addition, the applicant submitted an operating
Fat Jack’s, LLC
Report Summary for December 2009 Commission Meeting
Page 2 of 2
proposal that, if followed, should go towards preventing the problems that the prior
licensee was unable to prevent.
I advise that the application is consistent with the criteria to grant the license.
___________________________________
Stephen A. Pharo
Executive Director
OREGON LIQUOR CONTROL COMMISSION
Liquor License Investigation
Regulatory Issue
Applicant
Fat Jack’s LLC is an Oregon limited liability company formed April 2009. The
limited liability company lists Tracy Doss and Sherri Doss (husband and wife) as
its members. They each own 50% membership interest in the LLC.
The license application lists both Tracy Doss and Sherri Doss as premises
managers.
Tracy Doss was employed as a manager for Doss Consulting, Inc, dba Fusion
Lounge; which later changed its trade name to Spyce Gentleman’s Club. Doss
Consulting, Inc is wholly owned by Walter Doss, and currently holds a Full On-
Premises Sales license at Spyce Gentleman’s Club. Walter Doss is Tracy Doss’
father. Tracy Doss was not a licensee at Fusion Lounge/Spice Gentleman’s
Club.
Premises
Entertainment
Minor posting
The premises is posted with a #1 Minor Posting, prohibiting minors from the
entire premises during all hours of operation.
Bobayo-Guerra, Inc. had one OLCC violation in April 2007 for permitting a minor
in an area prohibited to minors, OAR 845-006-0335(3)(b). On 5-30-08, OLCC
Compliance Staff issued a Notice of Warning Ticket (NWT) to Bobayo-Guerra for
having a History of Serious and Persistent Problems, ORS 471.315(c).
The Commission also received a petition with 67 signatures from area residents
opposing this application. The petition did not cite a basis for the opposition.
Fat Jack’s, LLC
Fat Jack’s Saloon/Mynt Gentlemen’s Club
November 7, 2009
Page 3 of 9
The City of Portland cites six incidents that occurred between June 1, 2008 and
July 26, 2008 at the Fusion location as evidence of problems that happened
while Tracy Doss was allegedly the licensee. The city states that since Fat
Jack’s Saloon/Mynt Gentlemen’s Club’s proposes a night club format, it believes
the high incidence of assaults and other nuisance activities that occurred while
Mr. Doss was allegedly licensed at Fusion will occur at this premises.
The City of Portland requests that the OLCC consider imposing a license
restriction should it grant the license. The recommended restriction is:
As noted above, Tracy Doss was not a licensee at the Fusion Lounge/Spyce
Gentleman’s Club. There is no basis to deny or restrict the license based the
City’s concerns about problems at Fusion Lounge/Spyce Gentleman’s Club.
Fat Jack’s, LLC
Fat Jack’s Saloon/Mynt Gentlemen’s Club
November 7, 2009
Page 4 of 9
Fat Jack’s Saloon/Mynt Gentlemen’s Club is located within the boundary of the
Laurelhurst Neighborhood Association (LNA). In its letter to the Commission
(un-dated), the LNA wrote “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.” The LNA gave the
same reasons the City of Portland gave as the basis for its unfavorable
recommendation.
After receiving notice from the applicant about the proposed change in their
entertainment format, OLCC representatives attended a Laurelhurst
Neighborhood Association meeting on November 24, 2009. Neighbors at the
meeting raised additional concerns, including general concerns about a nude
dancing establishment in their neighborhood. During the meeting, one of the
neighbors commented that there are two organizations near the above premises
that could be adversely affected if the Commission approved this application.
The two organizations mentioned were Full Life and Christian Outdoor
Leadership Training, a.k.a. COLT.
Several days following the meeting, I surveyed the immediate area of the above
premises. I visited the organization Full Life, located at 3331 NE Sandy Blvd,
which is one block west and within 500 feet of the above premises. According to
Rachael Bloom, President of Full Life, her organization offers a 10-day vocational
assessment program for mentally challenged youth and adult individuals. Full
Life also has a day program that operates from 8:00 a.m. to 5:00 p.m., five days
a week offering classes in art, science, music, life skills, and dance.
I was unable to find the COLT organization. I found their web page and
contacted Ray Baier at their western Montana headquarters. According to Mr.
Baier, there is no COLT organization in the state of Oregon.
After informing the applicants of the past problems at La Fortuna, they provided
me with a 15 point operating plan designed to prevent the problems that occurred
at La Fortuna from re-occurring. The operating plan consists of the following:
Fat Jack’s, LLC
Fat Jack’s Saloon/Mynt Gentlemen’s Club
November 7, 2009
Page 5 of 9
1. Will have on-site DPSST certified security staff at all times from 6:00 p.m.
to approximately 2:45 a.m., or until the parking lot is cleared. One DPSST
security staff will monitor the parking lots at all time and will increase to 4
to 8 depending on the size of the crowd.
2. Tracy Doss, a certified DPSST executive manager with over 20 years
experience in night club, restaurant and bar operations will oversee all
security matters.
3. DPSST security staff will conduct random parking lot checks every 10 to
20 minutes after 10:00 p.m.
4. Will always have a ratio of 1 DPSST security staff to every 25 patrons.
5. Will maintain a 16 camera DVR monitoring system for all areas of the
premises and premises parking lot.
6. Sherri Doss will be on-site four nights a week from 7:00 p.m. to 3:00 a.m.
7. No loitering, verbal/physical altercation, loud noise or other types of
disturbances or criminal activity will be tolerated inside or in the premises
parking lot area.
8. Will encourage and cooperate with Portland Police to do a walk through of
the premises during peak hours of operation.
9. Alcohol Monitors, Bartenders, Management, Servers and Security staff will
check for intoxicated persons, remove drinks of patrons if necessary.
10. Will maintain an incident log capturing dates, identifying information, staff
involvement, types of incidents, etc.
11. Will have an electronic I.D. checker at the entrance to detect false I.D.
12. No admittance of anyone after 1:30 a.m.
13. Will initiate a “Soft Closure” from 2:00 a.m. to 2:15 a.m. that includes last
call, and changing the music and lighting to facilitate an orderly exit.
14. All premises employees will be required to park their personal vehicles
bordering the perimeter fencing to create a sound and barrier to prevent
litter and loud noise from interfering with neighborhood livability.
15. Tracy Doss will be at the premises three nights a week (most likely
Wednesday & Thursday, & Saturday nights).
The applicant’s operating plan provides for the use of security that are DPSST
certified. Problems with disorderly activity at the premises when it was licensed
as La Fortuna occurred when the licensee did not have DPSST certified security.
Properly trained and certified security can help prevent those problems.
The applicant’s plan includes security staff to monitor the parking lot, security
cameras to monitor activity outside the premises, and frequent checks of the
parking lot after 10:00 pm. These measures should help the licensee respond to
and prevent noisy, unlawful, or disorderly patron activities in the parking lot.
CRITERION
13. The City of Portland has adopted noise ordinances under Title 18 of the
City Code. On 01-29-08, the City of Portland’s Bureau of Development
Service wrote a letter to El Poncho’s LLC and Poncho’s, Inc., property
owner and landlord of La Fortuna, advising of a noise violation for
amplified music, based on the 1-20-08 incident listed in fact #9 above.
None of the other incidents involving noise were charged as violations of
the City’s noise ordinances.
Seven of the 12 incidents (facts 5, 7, 8, 9, 10, 11, 12) listed above were
complaints from nearby residents about late night noise from amplified music.
The incidents listed in facts 5, 7, 8, 11, and 12 did not result in citations for
violations of the City Code regarding excessive noise. While the City of Portland
put the licensee on notice about a noise violation related to fact #9 above, the
City never issued a citation for violation of the City Code for excessive noise.
Since there were no citations issued by the City of Portland for violating its noise
ordinance, the noise complaints cannot be considered under History of Serious
and Persistent Problems under ORS 471.313 (5).
The remaining five incidents occurred during the 22 month period from 2/26/2006
and 1/5/2008. One incident involved a shooting and homicide in the premises
parking lot. This is a serious incident. Two incidents involved assaults that
resulted in injuries. These are serious incidents. One incident involved staff
security using pepper spray to stop disorderly activity. This is a serious incident.
Once incident involved public intoxication and an act of public urination. This is a
less serious incident. In all, there were four serious incidents at the premises
during a 24 month period.
The Commission has previously found that seventeen incidents in 24 months (10
involving illegal drugs) was a history of serious and persistent problems. The
Commission has also found that eight incidents in one year (five were serious),
and seven incidents in one year (three were assaults) was a history of serious
and persistent problems.
Although the five incidents in 22 months, with four serious incidents including a
homicide, are a cause for concern, the problems do not appear to rise to the level
of problems that the Commission has determined are serious and persistent in
other cases. The criterion does not apply.
CONCLUSION
____________
Charles L Ellis
.EGON LIQUOR CONT RO L CO M M ISSh
LI CE NSE INV ESTI GATION REPORT
Date App lica, tion Recei ved' 07-15-09
License Applied For : Type of Action:
Server 's Educa tion Desig nee : Sherri Doss Investigat ors Recommendati on : Grant w/Letter of Caution to
06-21-1971
oPj /:te as ~OStd
Date of Birth:
Date of Class: - /1 ",~ -f (2L,
~I ~ NP;l1e\ Charles L Ellis Da te: if - 10 °f) q
Supervisor Rec ~ Refuse
~lf\i' A fIIIJ~~
Okay to Issue: Yes / No
Date:
Initial:
"--.A A l
Summary Shce@NO Superv iso r Sfgnature I
bate:
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09-08-2001 10:09 T DOSS 7028220083 PAGE4
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OREGON LIQUOR CONTROL COMMISSION
Bl)SINESS INFORMATION
PlfJBSe Printor 'TYpe
Monday Jf ' to
to ~~..J!.II\ Monday to _ o Alcohol service Hours: to _
.Tuesday
Wednesday
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Tuesday
Wednesday
to
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_
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Thursday ijkO).'to~' D A tn. Thursday to _ The oxtoriar area Is adequately viewed and/or
Friday m to Q1' *,'ll'1 Friday to _ supervised by Service Permittees.
Saturday to ,..... }l,m Saturday to _ _ (Investigator's Initials)
ENTERTAINMENT Check all that apply: DAYS & HOURS OF LIVE OR OJ MUSIC
Restaurant: :Go:
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Outdoor: _ eiee use ONLY
Investigator Verified 8eatlng:~(N)
Lounge:.
Banquet:
~_ Other (explain):
Total seating:.d!lifi-L/5
In"~UlnR~~:C-~
Date: - ( ~ .,.,
9
I undarsland If my answers are not true and com~. the OLCC may deny my license application.
Applicant Signature: ~ =d. bd~ Date:--iJ.....(.z.O.....I;,:;o,J..=(jJ---..1~ _
1·800-452·0LCC (6522)
www.oregon.govlolcc (ff1V. 12/07)
®
PAGE2
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