OLCC Staff Report On 3390 NE Sandy Liquor License Application 100212

Report Summary for February 2010 Commission Meeting
Fat Jack's, LLC

Sherri Doss, Managing Member
Tracy Doss, Member
FAT JACK'S SALOON I MYNT GENTLEMEN'S CLUB
3390 NE Sandy Blvd
Portland, Or 97232
Full On-Premises Sales

New Outlet
This case came before you in your December 2009 Commission meeting. At that time
you deferred it to:
1. Allow staff additional time to investigate applicant Tracy Doss' possible false
statements regarding his record while a licensee with the State of Ohio; and
~ 2. Allow the applicants and the Laurelhurst Neighborhood Association (LNA) the
opportunity to agree on a Good Neighbor Agreement.
Discussion
1. Staff found that while Mr. Doss did make false statements to the Commission,
the false statements were not material. Therefore, the rule allowing the
Commission to deny an application based on material false or misleading
information provided to the Commission doesn't apply.
2. The applicants and the LNA have not yet reached an agreement on a Good
Neighborhood Agreement. In a letter from the LNA received by the Commission
on February 9, 2010 the LNA requests that the Commission place six restrictions
on the license. Because a Good Neighborhood Agreement is not enforceable,
from a regulatory perspective, issuing the license with restrictions (which are
enforceable) 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

Fat Jack's, LLC
Report Summary for February 2010 Commission Meeting
Page 2 of2
liquor or criminal laws violations by the licensee, patrons of the licensed

premises, or the public; and
3. Make the issues that are important to the LNA enforceable.
Executive Director Statement
I advise that the application is consistent with the criteria to grant the license with the
restrictions Iistef\the report.
~\~ .
Stephen A. Pharo
Executive Director
.EGON LIQUOR CONTROL COMMISSI\
LICENSE INVESTIGATION REPORT
,
D ateAspp:licanon
Irns e Applied For:
. d: 07
. Recerve -15-09 Type of Action:
FULL ON-PREMISES SALES, COMMERCIAL NEW OUTLET

ESTABLISHMENT
Applicant # I : o Masterfile Applicant #2: o Masterfile
FAT JACK'S LLC
Applicant #3: o Masterfile Applicant #4: o Masterfile
New Trade Name: MiN'" 1 Liquor Liability Insurance: Phone#:
FATJACK'S SALOONf'~0'JS TBD 503-539-9670

Former Trade Name: Former Licensee: Former License Type:
Address: City: County: Zip:
3390 NE SANDY PORTLAND MULTNOMAH 97232

Mailing Address (if different from above): City: State: . Zip:
(
r
Local Government: Public Notice Date: Checklist:
o 90 Day Temp. Authority-Exp:
City of Portland 05-27-09 l8J Verified Legal Entity(ies)
Recommendation: Notification of Facilities within 500 Feet:
o 0 Clerk Brochures
o l8J Law Orientation- Date: 05-14-09
Favorable
o Catering Pre-Approval (Small)
I:8J Unfavorable- See Report
o Yes o Catering Pre-Approval (Large)
o
Neutral
o Tasting Privileges
None Provided
o RVP Information Given to Applicant
Restrictions: Minor Posting: o Same Day Delivery Approval
None No.1 o Next Day Delivery Approval
o Verification of Zoning
o Other:
Holds: License Process Office Use Only:
1. Fees
2 Verification of Funding
3. LLI
4. ASE by Sherri Doss
Server's Education Designee: Sherri Doss Investigators Recommendation: Grant w/Letter of Caution to
Date of Birth: 06-21-1971
~teas~O~d
~ofC1ass: - A~
\oJ1~ Ntme\ Charles L Ellis
• ec: Date: (I-I () -f) q
Okay to Issue: Yes INo
Date:
SupervisorReC~Refuse lJ i/J ~ .y( I/hJ~~ l
Initial: Summary Shee@No ~ervisorSignature \: . . 'Date:
lL,)
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09-08-2001 10:09 T DOSS 7028220083 PAGE4
A OREGON LIQUOR CONTROL. COMMISSION

~ ~l)SINESS INFORMATION
Please Print O( Type
Applicant Name: fur ~ tl£l?s ~ Phonel ~) 539-· q"-77>

TradeName(dba):~ G)~tU.o'S Ol~b_b _
Business location Address:~1) Oe SAtJ~ B\ \Jd •
City:---..:Bt:~ ood ZIP Code: ~") 9.3 at
j'
DAYS'AND
... ".. '.. HOURS'OF
.: .OPERATION
.. '." . ';', ,'
Business Hours: Outdoor Area Hours: The outdoorareaIs usedfor:
Sunday to~~,D~.m. Sunday to _ U Food servlce Hours: _•._ _to _

Monday to ~QP..J1.1'II Monday to _ o Alcoholservice HoUlS: to _
Jik-
to !J'.
Ql;~ A. m .
,Tuesday • .(l1 Tuesday to _ o Enclosed. how _
Wednesday m to WednesdiIY to _
ThUBday to~.
, JHn. ThUl'Sdey 10 _ Tho extoller aTllll Is adoquately vlewod and/or
Frlday to ~. 1\' cr1 Friday to _ supetvlaed by SeMes Petrniltees.
Saturday . to 01 ._. _):l.rn Saturday to _ _ _ _ _ _ _ _ (Investigator's Inillals)
Seasonal Variations: 0 Yes 0 No If yes, explatn: "-- _
E'NTERTAINMENT
• I t
~."' • •
t ' •• • I • ~. Check all that apply: DAYS' a.',HOURS OF LIVE OR OJ MUSIC
••• l" •• •••• ~ . '
o Uve Music o Karaoke

'IS o Sunday .3 tho to ~3D A-·m
toE,rn
Recorded Music Coln-cperated Games Monday • to ~~'3j) ,q·m
))i( OJ Music )2l Video Lottery Machines TUesday
Wednesday ~ trl
.(h. to:26 Am.
o Dancing o Social Gaming Thursday • to , A· rn •
A. (f\
, Nude Entertainers o Pool Tables
Friday
Saturday
to
to
.'
~ 0 ~ 11'\
o Other: _
Outdoor. _ OLCC use ONLY ,..

Invesllgalor Verified Sealing:--@<N)
Lounge:,
Banquet
Other (explain):
Total seatJng:.d!Ji!i...115
InVeG~lnll18IS:c..~
Oa18: - ( ~ .....
1 . I
I understand if my answers are not true and com~cc may deny my license application.
ApPlicantSlgnature:~ J.~
1·800·452·0LCC (6522)
www.oregon.govlolcc
Date: bIro 1,2[i)1
(roY. 12107)
l
OREGON LIQUOR CONTROL COMMISSION
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Liquor License Investigation
Subject: Full On-Premises Sales/Commercial Date: February 11, 2010

New Outlet
Fat Jack's, LLC

Sherri Doss, Managing Member
Tracy Doss, Member
Fat Jack's Saloon/Mynt Gentlemen's Club
3390 NE Sandy Blvd
Portland, OR 97232
Regulatory Issue
The original report for this case is dated November 7,2009. The case was considered
by the Commissioners in their December 17, 2009 Commission meeting but action was
deferred for more investigation regarding applicant Tracy Doss' record while a licensee
with the State of Ohio.
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.
Information Regarding Tracy Doss
The 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 is
wholly owned by Walter Doss, and currently holds a Full On-Premises Sales license at
Spyce Gentlemen's Club. Walter Doss is Tracy Doss' father. Tracy Doss is not a
licensee at Fusion Lounge/Spyce Gentlemen's Club.
The City of Portland recommendation (see below) incorrectly identifies Tracy Doss as a
licensee at Fusion Lounge/Spyce Gentlemen's Club.
Premises
The premises is a 7,900 square feet commercial establishment with dining seating for
approximately 100 plus bar seating for 17.
Fat Jack's, llC
February 11. 2010
Page 2 of 27
The premises has three stages along with a DJ booth. The proposed menu consists of
soups. salads, burgers, sandwiches and four steak dinner entrees. The premises also
has a 10,000 square feet parking lot located immediately on the east side of the
premises as well as a parking lot across Sandy Blvd. that is used by the patrons of the
premises.
Entertainment
When this application was originally submitted the applicant's proposed entertainment
format was Country & Western music and dancing. The applicant has since changed
the proposed entertainment format to nude dancing.
Minor Posting
The premises is posted with a #1 Minor Posting, prohibiting minors from the entire
premises during all hours of operation.
OlCC Licensing History at the Above Premises
The premises was previously licensed to Bobayo-Guerra, Inc., d.b.a. la Fortuna

Mexican Bar & Grill (la Fortuna) from November 2004 through July 2008. During the
time the premises was licensed as la Fortuna, there were numerous residential
complaints about patron noise, disorderly activity, and noise from amplified music at the
premises (for details, see criterion below.)
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 05/30/2008, 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).
City of Portland Recommendation
The City of Portland gave an unfavorable recommendation for this application based on
OAR 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 restriction
should it grant the license. The recommended restriction is:
1. The licensee is required to follow the business operating plan it submitted to

the OlCC.
Fat Jack's, LLC
February 11, 2010
~ Page 3 of 27
Laurelhurst Neighborhood Association Recommendation
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 iaffected if the
Commission approved this application. The two organizations mentioned were Full Life
and Christian Outdoor Leadership Training, a.k.a. COLT.
On February 9,2010 the Commission received an undated letter from the lNA. In that
letter the LNA continues to oppose the application; however, it requests that the
Commission place six restrictions on the license. Those six restrictions closely match
six of the eight restrictions supported in this report.
Information from Neighbors separate from the Laurelhurst Neighborhood

Association
The Commission received 25 letters from neighboring residents objecting to this

application. The basis of their objections relate to incidents that occurred when the
premises was previously licensed to Bobayo-Guerra, Inc. and includes late night patron
noise, neighborhood litter, late night operation (past 2:00 a.rn.), disturbing amplified
music from the premises, parking, and a disorderly incident that resulted in an early
morning homicide in January 2008 in the premises parking lot.
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.
Since the December 17,2009 Commission meeting I have received approximately 200
additional letters from individuals. All but two of the letters are in opposition to the
issuance of a liquor license at this location. The basis of the objections relate primarily
to the location of the premises and its proximity to the Teen Challenge Rehabilitation
facility across the street.
Fat Jack's, LLC
February 11, 2010
Page'40f27 l'
Information from Southeast Uplift Neighborhood Coalition (SE Uplift)
The Southeast Uplift Neighborhood Coalition (SE Uplift) provides support to the
neighborhoods in southeast Portland, including the laurelhurst Neighborhood
Association (lNA).
SE Uplift submitted a letter to the Commission dated February 8,2010. In that letter SE
Uplift 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 licensed

premises. This criterion is addressed later in this report.
2. OAR 845-005-0325(6): Mr. Doss provided material false or misleading

information to the Commission on the application. This criterion is addressed
later in this report. (In addition, a timeline of relevant facts regarding this issue is
provided as Attachment A.)
3. OAR 845-005-0327. On the advice of counsel the OlCC suspended use of this
rule (the "matrix" rule) in 2004 and reverted to the use of the individual denial
criteria outlined in statute and rule.
Information from Eighth Church of Christ. Scientist
The 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's
Saloon/Mynt Gentlemen's Club. The basis of the church's opposition is prior disorderly
conduct that resulted in a homicide in January 2008 at la Fortuna, parking, late night
noise, litter and prostitution.
Information from Full Life
Several days after November 24,2009, Investigator Charles Ellis 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.
Information from COLT
Investigator Ellis was unable to find the COLT organization. He 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.
Fat Jack's, LLC
February 11, 2010
Page 5 of 27
Information from Teen Challenge
Teen Challenge is a faith-based alcohol and drug treatment center located at 3121 NE
Sandy Blvd., Portland, Oregon 97232. At this location there is a thrift store on the first
floor with offices on the second floor. Additionally, Teen Challenge owns the property at
3327 NE Sandy Blvd. Portland, Oregon 97232, the former Hollywood Hotel, which was
converted into a dorm for housing individuals currently undergoing treatment.
Robert Cinnamon of Teen Challenge spoke at the December 17, 2009 Commission
meeting. Mr. Cinnamon stated "we are a crisis center for men who are leaving the drug
and alcohol scene and other life controlling issues, and to have that across the street
from us and the inherent element that comes along with that would be detrimental to
these men's recovery." In addition, Mr. Cinnamon submitted a letter to the Commission
dated February 4, 2010. We also received an undated letter from Mr. David Oliver of
Teen Challenge on February 4, 2010.
Teen Challenge has owned the residential facility located at 3327 NE Sandy, across the
street from 3390 NE Sandy Blvd. (the address of Mynt Gentlemen's Club), since 1999
according to City of Portland's tax records. During this time the previous licensed
establishment at 3390 NE Sandy Blvd., la Fortuna, was in operation from November
2004 to July 2008. Except for the type of entertainment (which cannot be considered)
the applicant's proposed business operation is essentially the same as the business
operation under La Fortuna. The OlCC is not aware of any information regarding the
impact of La Fortuna's operation on the specialized activities of Teen Challenge. The
letters received on February 4th from Teen Challenge do not provide specific details as
to how the operation of Mynt Gentlemen's Club will interfere or conflict with the
specialized activities of Teen Challenge. Because no evidence was provided regarding
negative impacts from other licensed establishments as to the specialized activities of
Teen Challenge, and the previous operation at La Fortuna is viewed as similar to the
operation proposed by the applicant, there are no facts to support that the operation of
Mynt Gentlemen's Club will interfere or conflict with the specialized activities of Teen
Challenge's operation.
Information from Minds in Motion Tutoring Center
Minds in Motion Tutoring Center is located at 3425 NE Sandy Blvd. Portland, Oregon
97232. This location offers custom tutorial programs for students in kindergarten
through the 12th grade. Megan Aichler, business owner, spoke at the December 17,
2009 commission meeting. Ms. Aichler stated, "I have over 100 families that come in to
see us each week. Between Monday and Friday in the after school hours between'
about 2:00 pm and 7 or 8 in the evening I have great concerns about the proximity of
this business to my business. We service only children between the ages of 5 and 17.
Many of our kids walk through the Laurelhurst neighborhood. If you look at the map,
Fat Jack's, LLC
February 11, 2010
Page 6 of 27
they'd have to walk right past either the overflow parking lot or the actual location itself
to get to my business. I have kids that walk down 33rd, either way to get to me they are
going to have to walk past this business. I'm really concerned. My workman's comp
insurance and also my professional liability insurance shows me as a school, so I am
designated as a school for insurance purposes.... I am very concerned about the
location and proximity. It's definitely less than 500 feet. It's right across the street from
us."
CRITERION #1
OAR 845-005-0326: ORS 471.313(1) allows the Commission to deny a license that
public interest or convenience does not demand. The following are some of the
pubtlc interest or convenience 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:
(a) 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.
These problems:
(A) Must occur on the licensed premises or be caused by patrons in the
immedlate vicinity of the licensed premises;
(B) Include, but are not limited to, obtrusive or excessive noise, music or sound
vibrations; public drunkenness; fights; altercations; harassment; unlawful drug
sales; alcohol-related litter; trespassing on private property; and ;public
urination; and
(C) Must be related to the sale or service of alcohol under the exercise of the
license privileges.
(b) Good cause to overcome this criterion is a showing by the applicant that the
applicant will reasonably control all of the applicant's licensed premises to
prevent 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 limited
to:
(A) Applicant is currently licensed at an outlet that has not had the problems
described in paragraphs (1)(a)(A), (B), and (C) of this rule in the past year;
(B) Applicant successfully regained control of premises that had problems
described in paragraphs (1)(a)(A), (B), and (C) of this rule;
(C) Applicant has a corrective plan that is likely to be effective;
(D) License conditions or restrictions would enable control of applicanfs
premises; and
Fat Jack's, LLC
February 11, 2010
Page 7 of 27
(E) Applicant did not participate in the daily operation of the problem outlet, and
there 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.
FACTS RELATED TO CRITERION #1
1. Doss Consulting, Inc., dba Fusion/Spyce Gentlemen's Club, has held a Full On-
Premises Sales license from December2007 to present. Doss Consulting, Inc.
is wholly owned by Walter Doss, the father of Tracy Doss. Tracy Doss has been
the manager of this premises since December 2007. During this time the
following has occurred at the premises:
a. 03/1412008 a patron inside the premises reported being hit in the face..
b. 03/30/2008 at about 3:10 a.m. a patron in the premsies was punched by
an unknown subject.
c. 04/26/2008 a club promoter attempting to break up a fight inside the
premises was punched in the head.
d. 06/01/2008 at about 3:21 a.m. an intoxicated patron assaulted an
employee. Portland Police Case #08-51974.
r e. 06/08/2008 at about 3:15 a.m. an intoxicated and unruly patron was

removed from the premises by police. Portland Police Case #08-54660.
f. 06/18/2008 at about 2:00 a.m. in the process of removing a patron from
the premises, security officers and the patron damaged a nearby vehicle.
Portland Police Case #08-58292.
g. 06/22/2008 at about 1:33 a.m. one patron punched a second patron in the
chest and challenged the second patron to a fight. The first patron was
arrested and cited for harassment. Portland Police Case #08-59654.
h. 07/20/2008 at about 1:41 a.m. an intoxicated patron was being aggressive
with security. In addition, police found that the patron was only 20 years
old. The Commission gave the licensee a warning regarding failing to
verify the age of a minor. Portland Police Case #08-70013.
i. 07/26/2008 at about 2:03 a.m. an intoxicated patron tried to start a fight.
The patron was taken by police to Detox. Portland Police Case #08-
72221.
j. 03/14/2009 at about 12:55 a.m. the licensee permitted a minor in an area
prohibited to minors. The licensee received a violation from the
Commission and paid a fine on April 20, 2009.
k. 05/17/2009 at about 02:30 a.m. a security officer was attacked by patrons
from the premises. .
I. 08/26/2009 at about 12:21 a.m. Portland police responded to the premises
regarding a patron who was threatening to shoot an employee at the
premises. The patron was visibly intoxicated and unable to care for
himself.
Fat Jack's, LLC
February 11, 2010
Page 8 of 27
ANALYSIS OF FACTS AS APPLIED TO CRITERION #1
The Commission holds licensees responsible for problems and violations that occur at
their 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 FOR

CRITERION #1
2. 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. 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 DPSST
security staff will monitor the parking lots at all times and will increase to 4 I
b.
to 8 depending on the size of the crowd.
Tracy Doss, a certified DPSST executive manager with over 20 years
experience in night club, restaurant and bar operations will oversee all
1[
security matters.
c. DPSST security staff will conduct random parking lot checks every 10 to
20 minutes after 10:00 p.m.
d. Will always have a ratio of 1 DPSST security staff to every 25 patrons.
e. Will maintain a 16 camera DVR monitoring system for all areas of the
premises and premises parking lot.
f. Sherri Doss will be on-site four nights a week from 7:00 p.m. to 3:00 a.m.
g. 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.
h. Will encourage and cooperate with Portland Police to do a walk through of
the premises during peak hours of operation.
i. Alcohol Monitors, Bartenders, Management, Servers and Security staff will
check for intoxicated persons, remove drinks of patrons if necessary.
j. Will maintain an incident log capturing dates, identifying information, staff
involvement, types of incidents, etc.
k. Will have an electronic 1.0. checker at the entrance to detect false 1.0.
I. No admittance of anyone after 1:30 a.m.
m. 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.
Fat Jack's, LLC
February 11, 2010
~ Page 9 of 27
n. 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.
o. Tracy Doss will be at the premises three nights a week (most likely
Wednesday, Thursday, and Saturday nights).
ANALYSIS OF FACTS RELATING TO GOOD CAUSE AND ABSENCE OF GOOD

CAUSE FOR CRITERION #1
Even 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 to

nude dancing entertainment resulted in fewer problems at the premises. In the four
month period from March 2008 through July 2008 there were nine problems. In the
approximately 17 month period from September 2008 through January 2010 there were
only three problems, which is a significant drop in the number of problems. This
supports 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 the
premises and patron behavior in the vicinity of the premises. The plan contains three
significant control measures: having a minimum number of security persons; requiring
the security to be DPSST certified; and having electronic 10 checking equipment at the
door to prevent minor patrons from entering. This provides good cause.
Third, in order to assure that the applicants will implement and follow these control
measures, restrictions on the license will be considered later in this report. Placing
restrictions on the license provides good cause.
CONCLUSION FOR CRITERION #1
If this criterion applies in this case, the applicants have provided good cause. The
Commission should consider placing restrictions on the license in order to assure that
the applicants will implement and follow certain control measures. By providing that
assurance, the restrictions could provide sufficient good cause to overcome the possible
denial basis.
CRITERION #2
ORS 471.313 - The Oregon Liquor Control Commission may refuse to license any
applicant under the provisions of this chapter if the Commission has reasonable
ground to believe the following to be true (paraphrased):
Fat Jack's, LLC
February 11, 2010
Page 10 of 27
(5) That there is a history of serious and persistent problems involving

disturbances, lewd or unlawful activities or noise either in the premises proposed
to be licensed or involving patrons of the establishment in the immediate vicinity
of the premises if the activities in the immediate vicinity of the premises are
related to the sale or service of alcohol under the exercise of the license privilege.
Behavior which is grounds for refusal of a license under this section, where so
related to the sale or service of alcohol, includes, but is not limited to obtrusive or
excessive 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 premises
currently or previously operated by the applicant may be considered when
reasonable inference may be made that similar activities will occur as to the
premise proposed to be licensed. The applicant may overcome the history by
showing that the problems are not serious or persistent or that the applicant
demonstrates a willingness and ability to control adequately the premises
proposed to be licensed and patrons' behavior in the immediate vicinity of the
premises which is related to the licensee's sales or service of alcohol under the
licensee's sale or service of alcohol under the licensee's exercise of the license
privileges.
471.329 Serious and persistent problems involving noise as grounds for

discipline of licensee or applicant
(1) For the purpose of determining whether there is a history of serious and
persistent problems involving noise under the provisions of ORS 471.313 (5) and
471.315 (1)(c), or whether the licensee maintains a noisy establishment in
violation of the provisions of ORS 471.425:
(a) Noise from the inside of a licensed premises located within the boundaries of
a city or county that has an ordinance regulating excessive noise may be
considered obtrusive or excessive only if the noise violates the ordinance.
4. On 2-26-06 at 2:45 a.m., security personnel at La Fortuna became involved in an

altercation with several patrons. Security personnel used pepper spray to stop
the disorder. One of the patrons was intoxicated. OlCC compliance staff gave
the 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- boyfriend
across the street from the bar. The ex-boyfriend struck the women in the back of
the head with a beer bottle causing physical injUry. Security personnel
immediately ran to the woman's aid and telephoned the police. OLCC
compliance staff issued verbal instructions to the licensee to ensure all security
personnel are DPSST certified, and the regulations regarding disorder.
Fat Jack's, LLC
February 11,2010
~ Page 11 of 27
6. 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 went
alongside 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. The
police officer took the patron to detox. OLCC compliance staff contacted the
licensee and issued verbal instructions for sale/consumption of a visibly
intoxicated person.
7. On 5-06-07 at 2:20 a.m., Portland police responded to the La Fortuna Restaurant

regarding an assault call. An employee telephoned the police and said he was
assaulted and sustained injury by an intoxicated patron. The employee decided
not to press criminal charges against the patron. The police took the patron to
detox 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 he
could hear music coming from the bar, especially the bass tone from over 50 feet
away.
9. On 01-05-08 at about 2:40 a.m. as patrons left the premises at closing, a man
was shot dead in the premises parking lot. Subsequent to the homicide, OLCC
compliance staff met with the licensee and fully evaluated the circumstances
leading up to the shooting and what if any opportunity the club had to intercede in
preventing the incident. OLCC compliance staff concluded the licensee had
failed repeatedly to ensure its security personnel obtained DPSST certification.
10. On 01-11-08 a Portland police officer responded to a noise complaint at La

Fortuna. 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 was
closed. 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. The
police officer looked at a noise meter used by the business and observed .68
decibels. Under the City of Portland's noise ordinances, the legal limit after
10:00 PM is .55 decibels. The premises assistant manager turned the music
down.
13. On 02-20-08 at 12:28 a.m., a Portland police officer responded to loud music
coming from the premises. The officer noted he could plainly hear loud thumping
from the bass of the music.
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February 11, 2010
Page 12 of 27
14. On 02-22-08 at 11:46 p.m., Portland police officers responded to the La Fortuna
concerning a loud noise complaint. The police officer did not determine there
was 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 Fortuna
Restaurant concerning a loud noise compliant. At 1:15 AM, the officer parked his
vehicle in the neighborhood approximately 167 feet from the rear of the
premises. The officer noted he could plainly hear the loud thumping of bass from
the direction of the premises. The office arrived at the premises and confirmed
that 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 City
Code. On 01-29-08, the City of Portland's Bureau of Development Service wrote
a letter to EI 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.
17. On 5-30-08, OlCC Compliance Staff wrote a Notice of Warning Ticket (NWT) to
the licensee of la Fortuna for History of Serious and Persistent Problems, ORS
471.315(c).
We must determine if there is a history of serious and persistent problems at the

licensed premises.
Seven of the 12 incidents listed above were complaints from nearby residents about late
night noise from amplified music and 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, 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. The five incidents in 22 months, the last of which occurred on 01/05/2008,
do not indicate a persistent problem.
Fat Jack's, LLC
February 11,2010
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The criterion does not apply.
CRITERION #3
OAR 845-005-0326: ORS 471.313(1) allows the Commission to deny a license that
public interest or convenience does not demand. The following are some of the
public interest or convenience reasons for which the Commission may deny a
license unless the applicant shows good cause to overcome the criteria:
(2) Proximity to Facilities:
(a) The license premises:
(A) Will be located within 500 feet in urban or suburban areas or within 1,500 feet
in a rural area of the boundary (measured property line to property line) of a
licensed child care facility or elementary or secondary school; a church; a
hospital, nursing care facility or convalescent care facility; a park or children-
oriented recreational facility; and alcohol and other drug treatment or
rehabilitation facility; and
(B) Will adversely impact the facility.
(b) Good cause to overcome this criterion includes, but is not limited to, a
showing by the applicant that:
(A) The proposed operation is consistent with the zoning where the proposed
premises will be located, is consistent with the general character of the area and
the adverse impact will not unreasonably affect the facility; or
(B) The size of the proposed premises' community is so small that the proposed
location is a reasonable location for the proposed operation.
(c) This criterion does not apply to renewal applications or to changes of
ownership with no change in license privileges or operation.
RELEVANT FACTS FOR CRITERION #3
18. The Eighth Church of Christ, Scientist is a church located at 3505 NE

Multnomah. Mynt Gentlemen's Club is located within 500 feet, measured
property line to property line, of Eighth Church of Christ, Scientist. The church
expressed concerns regarding a homicide that happened at the premises in
January 2008 under the prior owner, parking, late-night noise, litter, and
prostitution.
19. Full Life is located at 3331 NE Sandy Blvd. and is a vocational assessment
program for mentally challenged youth and adult individuals. It is not a licensed
child care facility or elementary or secondary school and is not a children-
oriented recreational facility. Mynt Gentlemen's Club is located within 500 feet,
measured property line to property line, of Full Life.
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February 11, 2010
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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 and

drug treatment center. Mynt Gentlemen's Club is not located within 500
feet, measured property line to property line, of this location. Teen
Challenge expressed the following concern: "We are a crisis center for
men who are leaving the drug and alcohol scene and other life controlling
issues, and to have that across the street from us and the inherent
element that comes along with that would be detrimental to these men's
recovery."
b. The other location is at 3327 NE Sandy Blvd. This is the former
Hollywood Hotel, which was converted into a dorm for housing for
individuals currently undergoing treatment. Mynt Gentlemen's Club is
located within 500 feet, measured property line to property line, of this
location.
21. Minds in Motion Tutoring Center is located at 3425 NE Sandy. This location
offers custom tutorial programs for students in kindergarten through the 12th
grade. Mynt Gentlemen's Club is located within 500 feet, measured property line
to property line, of Minds In Motion Tutoring Center. Minds in Motion Tutoring
Center expressed concerns, primarily regarding any of their kids walking through
the Laurelhurst neighborhood and past this business.
In order for OAR 845-005-0326(2)(a)(A) to apply to a listed facility, the facility must
establish that the operation of the proposed licensed premises will adversely impact the
facility. The Commission has defined the test for adverse impact as whether the
operation of the proposed licensed premises will interfere or conflict with the specialized
activities of the facility. Objections to licensed businesses in general or alcohol
consumption in general are not sufficient to show adverse impact. Objections based on
the type of entertainment offered by the proposed premises do not establish adverse
impact.
Eighth Church of Christ, Scientist is a facility of the type listed in the rule that is located
within 500 feet, measured property line to property line, of the proposed licensed
premises. However, the concerns expressed by Eighth Church of Christ, Scientist do
not establish that the operation of Mynt Gentlemen's Club will interfere or conflict with
the specialized activities of Eighth Church of Christ, Scientist. Based on the above
facts, Mynt Gentlemen's Club will not adversely impact Eighth Church of Christ,
Scientist.
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February 11, 2010
Page 15 of 27
Full Life is not a licensed child care facility or elementary or secondary school and is not
a children-oriented recreational facility. Therefore, Full Life is not one of the facilities
listed 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 in
OAR 845-005-0326(2)(a)(A). The location at 3121 NE Sandy Blvd is not located within
500 feet, measured property line to property line, of Mynt Gentlemen's Club. It is
unclear if the location at 3327 NE Sandy Blvd is actually an alcohol and other drug
treatment or rehabilitation facility. However, even if considered one of the facilities
listed in OAR 845-005-0326(2)(a)(A), the concerns expressed by Teen Challenge do
not establish that the operation of Mynt Gentlemen's Club will interfere or conflict with
the specialized activities of Teen Challenge. Based on the above facts, Mynt
Gentlemen'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 located
within 500 feet, measured property line to property line, of the proposed license
premises. However, the concerns expressed by Minds in Motion Tutoring Center do not
establish that the operation of Mynt Gentlemen's Club will interfere or conflict with the
specialized 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.
I conclude this criterion doesn't apply.
CRITERION #4
OAR 845-005-0325(6) The Commission will deny a license unless the applicant
shows good cause that overcomes the criterion involved: the applicant provides
material false or misleading information to the Commission (paraphrased).
22. 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 ever
held a liquor license in this or any other state? Yes or No. If yes, when,
where and name of premises?"
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February 11, 2010
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b. Question #13 on the form asks, "Have you ever had a warning, violation,
suspension, fine, cancellation, or refusal as a licensee or service permittee
in Oregon or any other state? Yes or No. If yes: when and where."
23. Mr. Doss answered question #8 by checking the "yes" and writing: "2000,
Columbus, Ohio, Krome."
24. Mr. Doss answered question #13 by checking the "yes" and writing: "2003,
Columbus, Ohio." Additionally, applicant added "improper advertising, underage
service."
25. According to the State of Ohio, a person or entity that has a liquor license is
referred to as a permit holder.
26. According to Mr. Doss and the State of Ohio, Mr. Doss was the sole stockholder
and president of Fat Boy Entertainment, Inc., which held a permit at a business
with the trade name of Krome/Enigma from September 27,2001 to November
28,2003.
27. On July 31,2006, Victoria J. Weber (seller) and Tracy R. Doss (buyer) signed a
stock purchase agreement for 850 shares of stock (representing 100% interest)
in Danny's Emerald Fox, Inc. The buyer paid the sum of $50,000 upon execution
of the purchase agreement and the balance of $25,000 was due and owing no
later than October 2,2006 into an escrow account of an attorney. The $25,000
was to be released to the seller upon the approval of the stock transfer by the
Ohio Division of Liquor Control. In the agreement there is a contingency that in
the event that the Division of Liquor Control or the City of Columbus deny the
stock transfer through no fault of the buyer, then said contract shall become null
and void and all funds would be returned to the buyer. At that point in time Mr.
Doss was operating the business under a management agreement.
28. On August 11, 2006, Ohio Department of Commerce Division of Liquor Control
received an application for change of corporate stock ownership form for Danny's
Emerald Fox, Inc.
29. On October 27,2006 a letter from the Ohio Department of Commerce Division of
Liquor Control was sent to Tracy Doss requesting necessary documentation in
order to continue processing the stock transfer request. The documents
requested were 1) a certificate from the Ohio Secretary of State, stating entity is
in good standing; and 2) a financial verification worksheet as to the source of
any, and all funds used to purchase the business.
30. On December 18, 2006, Ohio Department of Commerce Division of Liquor

Control received proof from the Secretary of State's office and a request signed
Fat Jack's, LLC
February 11, 2010
Page 17 of 27
by Victoria Weber to change the dba of the business from Danny and Dave's
Millennium 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 Control
received 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 a
note of "transfer on file" on the form.
32. On January 31, 2007, an inspection was done of the premises by an Ohio
Division of Liquor Control compliance officer as part of the transfer of stock. A
Liquor Permit Premises form (form 6.31) was completed by the officer and signed
by 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 by
Above".
34. On February 28,2007, the City of Columbus, Ohio filed a complaint and motion
for preliminary and permanent injunctive relief against Danny's Emerald Fox,
Inc., Victoria J. Weber, Tracy Doss, Ward Incorporated and the Real Property
located 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 permit
number 1924998-0005, Danny's Emerald Fox, Inc. DBA Allure Gentlemen's Club
per 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 the
liquor permit for Danny's Emerald Fox, Inc.
38. On July 17, 2008 the City of Columbus, per the Legislation Report file number
0148X-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 the
location.
39. On December 17, 2008, Danny's Emerald Fox, Inc. transferred ownership to the
property owner.
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February 11, 2010
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40. According to the State of Ohio, while licensed as Fat Boy Entertainment Inc. dba
Krome/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. dba
Allure 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 ownership
was never finalized at Danny's Emerald Fox, Inc. (Allure) and therefore he
was never the licensee and that is why he only listed Krome.
b. Mr. Doss stated that the stock purchase agreement included a
contingency that if either the State of Ohio or the City of Columbus
objected to the transfer then the transfer would not happen. On February
28, 2007 when the City of Columbus filed a nuisance abatement complaint
against Mr. Doss, he believed that the transfer did not go through. As part
of a settlement agreement for the nuisance abatement complaint, Mr.
Doss, via his attorney, agreed to transfer his ownership in Danny's
Emerald Fox, Inc. to the property owner and that would relieve him of any
further 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 specific
violations in #13 and why only those two violations for Krome when Ohio records
indicate he had three. He said that he listed the specific violations because he
was trying to give a complete and accurate answer. He said he listed only these
violations 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 the
licensee.
False Statements
Mr. Doss' answer to question #8 on his Individual History form omitted the fact that he
was also a licensee at Allure Gentleman's Club in the state of Ohio from April 26, 2007
to December 17,2008 (see facts 21 a, 22, and 35). Mr. Doss' omission that he was also
a licensee at Allure Gentleman's Club is a false statement to the Commission.
@
Fat Jack's, LLC
February 11, 2010
Page 19 of 27
Mr. Doss' answer to question #13 on his Individual History form omitted the fact that
while 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, or
refusal in 2001, 2002, and 2008 is a false statement to the Commission.
Materiality of False Statements
A false statement or omission must be material in order for the Commission to be able
to consider it as a basis for license refusal. A false statement or omission is material if it
meets 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 BASIS
There is no criterion that allows the Commission to refuse a license based on the
number of locations or places that a person was previously licensed at or the
number of years in which the person had a warning, violation, suspension, fine,
cancellation, or refusal. Therefore, because the omissions are not related to a
license refusal basis, they are not material under this test.
• INHIBITED THE INVESTIGATION
Mr. Doss disclosed that he had been licensed in Ohio. This allowed me to
contact Ohio and obtain the information regarding the other location that he had
been licensed at and the number of years in which he had a warning, violation,
suspension, fine, cancellation, or refusal. Therefore, because the omissions did
not inhibit my investigation, they are not material under this test.
• INTENTIONAL
Regarding Mr. Doss' omission that he was also a licensee at Allure Gentleman's
Club
On July 31, 2006 Mr. Doss executed a purchase agreement for the shares of
stock of Danny's Emerald Fox, Inc. (at the time the DBA of the business was
Danny and Dave's Millennium Fox; however, on December 18, 2006 the DBA
was changed to Allure Gentleman's Club). Upon executing the purchase
agreement Mr. Doss began operating the business under a management
agreement because approval of the purchase agreement was essentially
contingent upon approval of the Ohio Division of Liquor Control and the City of
Columbus.
Fat Jack's, LLC
February 11, 2010
Page 20 of 27
On February 28, 2007 the City of Columbus filed a complaint and motion for
preliminary 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 legal
issues through his attorney via the telephone.
On April 26, 2007 the Ohio Department of Commerce Division of liquor Control
approved the stock transfer.
In approximately May 2007 Mr. Doss, through his attorney, began a settlement
agreement with the City of Columbus where Mr. Doss would transfer his
ownership in Danny's Emerald Fox, Inc. to the property owner in exchange for
the City removing Mr. Doss as a named party in the complaint filed on February
28,2007.
On December 10, 2007 the City of Columbus objected to the renewal of the
liquor permit for Danny's Emerald Fox, Inc.
On July 17, 2008 the City of Columbus withdrew its objection to the renewal of
the liquor permit for Danny's Emerald Fox, Inc. because the property owner had
assumed control of the location.
In summary, on July 31,2006 Mr. Doss executed a purchase agreement for the
stock of Danny's Emerald Fox, Inc. DBA Allure Gentleman's Club. The approval
of the purchase agreement was contingent on both the Ohio Division of Liquor
Control and the City of Columbus. While waiting for this approval, Mr. Doss
operated the business under a management agreement. In February 2007 the
City 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 the
business. On April 26, 2007 the Ohio Division of Liquor Control gave its
approval.
Because during the time that Mr. Doss operated Allure Gentleman's Club he
operated it under a management agreement and not as the owner and because
Ohio Division of Liquor Control gave its approval for the transfer of the stock after
Mr. Doss was no longer running or involved with the business, it is plausible that
Mr. Doss believed he was never the licensee at Allure Gentleman's Club. This is
supportive that his omission was not intentional; and therefore, is not material
under this test.
Fat Jack's, LLC
February 11,2010
Page 21 of 27
Regarding Mr. Doss' omission that he also had a warning, violation, suspension,
fine, cancellation. or refusal in 2001, 2002. and 2008
Mr. 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 paid
the fines in 2003, it is plausible that the date 2003 would be the date he
remembered; and therefore, supports that his omission was not intentional and
not material under this test.
In addition, because it is plausible that Mr. Doss didn't believe he was the
licensee at Allure Gentleman's Club, it is also plausible that he believed that he
was not required to list the violation in 2008; and therefore, supports that his
omission was not intentional and not material under this test.
None of the three tests to show that a false statement is material has been met;
therefore, this criterion does not apply.
CRITERION #5
ORS 471.313(4)(f) The Commission may deny a license when it has reasonable
ground to believe that the applicant is not of good repute and moral character
(paraphrased).
44. See fact 26 (regarding Mr. Doss' ownership of Fat Boy Entertainment, Inc.).
45. See facts 27 - 39 (regarding Mr. Doss' management/ownership of Danny's

Emerald Fox, Inc.).
46. On 11/10/2001, Fat Boy Entertainment, Inc. was charged with two counts of sale
and/or furnishing intoxicating liquor to a person under 21 years of age and paid a
fine 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/or
furnishing 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" letter
pertaining to Fat Boy Entertainment Inc. Fat Boy Entertainment Inc. had an
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February 11, 2010
~I
Page 22 of 27
unpaid tax bill. On 11/25/2003. taxes were paid in full and the case was
terminated.
49. On 01/31/2003. Fat Boy Entertainment, Inc. was charged with sale and/or
furnishing beer to a person under 21 years of age and on 11/04/2003 was found
in violation of the charge but no penalty was imposed. However, Mr. Doss was
not personally involved in the incident.
The test that may pertain in this case to determine if this criterion applies is determining
if Mr. Tracy Doss has a sufficient number of violations to show that he has a disregard
for the law.
From November 2001 to February 2007. Mr. Doss personally or the entities he
controlled, were found responsible for five violations of Ohio law. Although Mr. Doss is
responsible for any violation occurring at his licensed premises, he personally
committed only one of the five violations (regarding the unpaid tax bill). This distinction
is important because the disregard for the law test is about laws that Mr. Doss
personally violated; therefore, he has only one violation for which he is personally
responsible.
Mr. Doss has only one violation of the type that we consider under this criterion. This is
not sufficient to show that this criterion applies.
This criterion does not apply.
CRITERION #6
OAR 845-Q05-0355(1)(c)(2)(b) The Commission may restrict a license when: The

Commission determines that a restriction is in the public interest or convenience
and there is a need to eliminate or prevent conditions that have contributed to or
that the Commission reasonably believes will contribute to liquor or criminal law
violations by the licensee, patrons of the licensed premises or the public
(paraphrased).
Fat Jack's, LLC
February 11, 2010
Page 23 of 27
50. 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 the
general manager the following incidents occurred:
a. 11/05/1993 - Sale and/or furnishing alcohol to a person under 21 years of

age
b. 12/05/1993 - Sale and/or furnishing alcohol to a person under 21 years of
age
c. 02/05/1994 - Sale and/or furnishing alcohol to a person under 21 years of
age
d. 01/20/1995 - Sale and/or furnishing alcohol to a person under 21 years of
age
e. 03/10/1995 - Sale and/or furnishing alcohol to a person under 21 years of
age
f. 08/04/1995 - Sale and/or furnishing alcohol to a person under 21 years of
age
g. 09/28/1995 - Two counts of improper conduct illegal sale and/or
possession of dangerous drugs
h. 10/21/1995 - Sale and/or furnishing alcohol to a person under 21 years of
age
51. Mr. Tracy Doss was the permit holder of Fat Boy Entertainment, Inc., dba
Krome/Enigma from September 2001 to November 2003. During the time he
was the permit holder the following incidents occurred:
a. 11/10/2001 - Two counts of sale and/or furnishing alcohol to a person

under 21 years of age
b. 01/25/2002 - Sale and/or furnishing alcohol to a person under 21 years of
age
c. 01/31/2003 - Sale and/or furnishing alcohol to a person under 21 years of
age
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 - prostitution

b. 11/16/2006 - Improper conduct - prostitution
c. 02/02/2007 - Improper conduct - prostitution
d. 02/14/2007 - Improper conduct - drug trafficking
e. 02/15/2007 - Improper conduct - drug trafficking
f. 02/22/2007 - Improper conduct - drug trafficking
Fat Jack's, LLC
February 11,2010 i
Page 24 of 27 ~'
g. 02/27/2007 - Two counts illegal possession of firearm in liquor permit

premises
53. Mr. Tracy Doss is the Director of Operations for Doss Consulting, Inc., dba
Fusion/Spyce Gentlemen's Club from December 2007 to present. During this
time while Directorof Operations the following has occurred:
a. 03/14/2008 a patron inside the premises reported being hit in the face.
b. 03/30/2008 at about 3:10 a.m. a patron in the premises was punched by
an unknown subject.
c. 04/26/2008 a club promoter attempting to break up a fight insidethe
premises was punched in the head.
d. 06/01/2008 at about 3:21 a.m. an intoxicated patron assaulted an
employee. Portland Police Case #08-51974.
e. 06/08/2008 at about 3:15 a.m. an intoxicated and unruly patron was
removed from the premises by police. Portland Police Case #08-54660.
f. 06/18/2008 at about 2:00 a.m. in the process of removing a patron from
the premises, security officers and the patron damaged a nearby vehicle.
Portland Police Case #08-58292.
g. 06/22/2008 at about 1:33 a.m. one patron punched a second patron in the
chest and challenged the second patron to a fight. The first patron was
arrested and cited for harassment. Portland Police Case #08-59654.
h. 07/20/2008 at about 1:41 a.m. an intoxicated patron was being aggressive
with security. In addition, police found that the patron was only 20 years
old. The Commission gave the licensee a warning regarding failing to
verify the age of a minor. Portland Police Case #08-70013.
i. 07/26/2008 at about 2:03 a.m. an intoxicated patron tried to start a fight.
The patron was taken by police to Detox. Portland Police Case #08-
72221.
j. 01/12/2009: an anonymous complainant said the licensee was allowing
minors in area prohibited to minors and allowing minors to be served
alcohol. On 01/12/2009 the Commission gave the licensee a warning
regarding this issue.
k. 03/14/2009 at about 12:55 a.m. the licensee permitted a minor in an area
prohibited to minors. The licensee received a violation from the
Commission and paid a fine on April 20, 2009.
I. 05/07/2009 at about 5:45 a.m. an employee of the premises was in a
motor vehicle accident. The employee reported to police that he had just
comefrom this premises. On OS/21/2009 the licensee received a warning
regarding after-hours drinking and over-service of alcohol.
m. 05/17/2009 at about 2:30 a.m. a security officer was attacked by patrons
from the premises.
n. 08/26/2009 at about 12:21 a.m. Portland police responded to the premises
regarding a patron who was threatening to shoot an employee at the
Fat Jack's, LLC
February 11, 2010
C Page 25 of 27
premises. The patron was visibly intoxicated and unable to care for
himself.
o. 10/08/2009 at about 11:45 p.m. Portland police found a highly intoxicated
patron outside the premises. The patron was taken by police to Detox.
The licensee received a warning from the Commission on 11/03/2009
regarding over-service of alcohol to patrons.
Over the past 17 years, Mr. Tracy Doss has been involved with several liquor-licensed
premises as either the manager and/or the permit holder. The locations listed above
cover a span of 9.5 years during the past 17 years. During these 9.5 years there have
been many incidents; such as: sale or providing alcohol to minors; minors being in an
area prohibited to minors; over-service of alcohol to patrons; and unlawful activities
such as prostitution, disorderly patron activity, after-hours service of alcohol, and the
sale 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 of
containers of alcohol that a patron can possess at one time, limit the amount of
alcohol allowed per container, and reduce the time of late-night alcohol sales and
service.
• Eliminate or prevent conditions that lead to unlawful activity. Typical restrictions

to address this issue are restrictions that prohibit "after-hours" operations, require
a minimum number of security people during peak times, set minimum
observation requirements for areas adjacent to the premises, and ensure the
local government's noise ordinances are not violated.
• Eliminate or prevent conditions that lead to minors obtaining alcohol or being in

an area prohibited to minors. Typical restrictions to address this issue are
restrictions that require age verification equipment and prohibit minor
entertainers.
The following restrictions will help to eliminate or prevent conditions that have
contributed to or that the Commission reasonably believes will contribute to liquor or
criminal law violations by the licensee, patrons of the licensed premises or the public:
Fat Jack's, LLC
February 11, 2010
Page 26 of 27
1. Licensee shall limit each patron to possessing no more than one container of
alcohol at a time and shall limit the amount of alcohol in a container to no more
than 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 3:00
pm daily.
4. Licensee shall have at least four DPSST certified security people on the
premises and on-duty Thursday through Saturday from 9:00 pm to the close of
business.
5. Licensee will ensure that the parking areas under the licensee's control and the
outside areas adjacent to the premises are patrolled at least every 15 minutes
starting at 9:00 pm until the close of business to discourage loitering and illegal
activity.
6. Licensee will ensure that the noise level from inside the premises does not
violate the City of Portland's noise ordinance.
7. Licensee will have Age Verification Equipment, as defined in OAR 845-009-

0140(1)(b), at every point of entry to the premises and will utilize the equipment
to 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 the

age of 21.
OVERALL CONCLUSION
• If the problems that occurred at Fusion/Spyce Gentlemen's Club while Tracy

Doss was a manager there provide a denial basis, restrictions on the license
provide 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 that

the operation of Mynt Gentlemen's Club will interfere or conflict with the
specialized activities of that facility.
Fat Jack's. LLC
February 11, 2010
(' Page 27 of 27
• Mr. Doss did make false statements to the Commission; however, they were not
material false statements.
• Mr. Doss does not have a disregard for the law sufficient to show poor moral
character.
• Restrictions are needed on the license for two reasons. First, to provide
sufficient good cause to prevent the problems that have occurred at
Fusion/Spyce Gentlemen's Club from occurring at this premises. Second, to
eliminate or prevent conditions that have occurred at Fusion/Spyce Gentlemen's
Club and other premises that Mr. Doss has controlled that the Commission
reasonably believes will contribute to liquor or criminal law violations by the
licensee, patrons of the licensed premises or the public.
Sarah Morgan
Attachment A
Timeline of Relevant Facts: Tracy Doss I Danny's Emerald Fox ~.
July 31, 2006 I--Fact 26 (7/31106) - V. Weber (Seller) and T. Doss (Buyer) Sign Purchase Agreement for
Aug 11, 2006 Danny's Emerald Fox. T. Doss operating business under management agreement. T.
Doss Is not the liquor permit holder ("licensee") at this point.
Fact 27 (8/11/06) - Ohio Dept of Commerce, Div of Liquor Control receives application for
Oct 27, 2006
change of corporate stock ownership.
Fact 28 (10/27/06) - Letter sent to T. Doss by Ohio Dept of Commerce, Div of Liquor Control
Dec 18, 2006 requesting additional documents in order to continue processing stock transfer.
Jan 16,2007 Fact 29 (12/18/06) - Ohio Dept of Commerce, Div of Liquor Control receives application for
Jan 31, 2007
Feb 28,2007 renewal for Danny's Emerald Fox from V. Weber. The request is dated 12128/06, and lists V.
Mar 22,2007 Weber as CEO.
April 26, 2007 Fact 30 (1/16/07) - Ohio Dept of Commerce, Div of Liquor Control receives renewal
application for Danny's Emerald Fox. V. Webber lists herself as CEO, but notes transfer on file.
Fact 31 (1131107) - Ohio Dept of Commerce, Div of Liquor Control inspection and premises
description completed by compliance officer. T. Doss signs inspection forms as President.
Fact 32 (2/28107) - Danny's Emerald Fox charged with "Improper Conduct: Possession of
Illegal Firearm" and other Improper Conduct charges.
Fact 33 (2/28/07) - City of Columbus files complaint against Danny's Emerald Fox (V. Weber,
Dec 10, 2007 T. Doss, Ward Inc., and Real Property Owner)
Fact 34 (3/22/07) - Tracy Doss moves from Columbus, Ohio to Las Vegas, Nevada
Fact 35 (4/26/07) - Ohio Dept of Commerce, Div of Liquor Control approves stock
transfer/ permit (license) issuance. T. Doss now the permit holder ("licensee").
Fact 36 (12/10/07) - City of Columbus objects to renewal of Liquor permit for Danny's
Emerald Fox.
July 17, 2008 1 - - - Fact 37 (7/17/08) - City of Columbus withdraws objection to the renewal of liquor permit for
Danny's Emerald Fox because property owner had assumed control of the operation.
Dec 17, 2008 Fact 38 (12/17/08) - Ownership of Danny's Emerald Fox Is formally transferred to
property owner. T. Doss no longer the permit holder ("licensee").
\
PRGE2
\,
09-00-2001 HI:00 T DOSS 1028220083
- .- -- - -- .- r
_ _ a _ _
-.--------"--
\
A \
'=' FLOOR PLANOREGON LIQUOR CONTROL COMMISSION I

I
\
• \
• 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<Itchen and i
I'68troems). Fuh On-PRIm'",100mmemel eatabllahtnenla) applicants must aIao show dining tables. 5a1I uampla on back.
\ I
I I
!
__OLec USE ONLY._._

MINOR POSTING ASSIGHMENT(S)
Apptlcant Nama t£( ~;4/ic't~ !/eA<r:e-5 \
71z.3Z-
Date: 1ft (? a ? Inltlals:,_ _- - I
1..S00-452-0LCC (6522) (rov. 12107)

www.oT8f/On.govlolcc
@
.'.
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
September2, 2009
Steve Pharo, Director

Oregon LiquorControl Commission
9079 SE McLoughlin Boulevard
Portland, Oregon 97222-7355
RE: Liquor License Application, New Outlet, Full On-Premises Sales

UNFAVORABLE RECOl\1MENDATlON
Fat Jack's .
3390 NE Sandy Boulevard '
Portland, Oregon ~7232 .
Licensee: Tracy Doss
Dear Mr. Pharo:
The-Portland Police Bureau has completedits investigation on the above referenced liquor.
license renewal. Based on Portland City Code 14.B.1.00'.030, (F) (1) an unfavorable
recommendation is submitted-forthe following reasons:
Pursuant-to the City'ofPortland Code and Charter, Chapter 14B.100.030 (F) (1) Application
. Procedure, regarding liquor license recommendations, "if the Chief of.Police.findthat there are
valid grounds to make an unfavorable recommendation to the Oregon Liquor Control .
Commissionas provided by Oregon liquor laws, the Qhi6fQf~Qlice shall forward an unfavorable
recommendation directly to the Oregon LiquorControl Commission."
The basis for. this unfavorabie recommendation can b~ found'under OAR 845-005-0326 (1) (a).
OAR 845-005-0326 states ORS 471.313 (1) 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
Commissionmay deny a license unless the applicant shows good cause to overcomethe criteria:
1. Alcohol-RelatedProblems at OtherLicensed Premises; " . ' .
a. The applicant has had repeated problems atanother licensedlocation
. during the two yearspreceding this
application or has-hada license
cancelled or renewalrefused becauseofproblems with disturbances,
unlawful activities or noise.
Community Polldng: Making the Difference Togeth~r

. . An Equal Opportunity Employer .
P'h~ 'o'"m."en UM' S03·"'·4636, rrr (rer h"riog''''''-@J 503'''':4736 W".", h'.""_w.,,,"""''''''''''~'"'''''''
.....
ATIACHMENT2
Mr. StevePharo 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 TownNeighborhood ofPortland. While Mr. Doss was
the licensee at Fusion the business committed a City of Portland Time, Place, andManner
violationdue to the high incidence of assaults and other nuisancerelated activities. Mr. Doss was
eventually able to reduce the problems by changingthe 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, PortlandPolice Officers responded to areport of an,
assault, Officers determined that an intoxicated pap-on 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, PortlandPolice Officers were flagged down by
location security in regards to an out of controlpatron who was being removed fromthe bar.
a
Officers tookthe unruly patron into custody for detox hold due to his intoxication and
combative behavior. Portland Police Case #08-54660.
On June 18, 2008, at approximately 2 AM, a passerbywaswalking to his vehicle, whichwas

parked in front ofthe 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 securityofficersran at the patron and impactedthe
passerby's vehicle, causing damage. The passerbyattempted to deal directly with the location to
get the damage to his vehicle fixed, but the location was not cooperative. PortlandPolice 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 patronpunched
another patron in the chest and said, "let's go!" as ifchallenging him to a fight. 'When security
approached the altercation the aggressor ran from the club. The-subject was arrested and cited
for harassment, Portland Police Case #08-59654.
On July 20, 20(:)8, at approximately 1:41 AM, Portland Police'Office~s were flaggeddown by
security at the location about an intoxicated subject. The intoxicated subjeet 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
a
. for a detox bold. During an inventory search of his person and backpack officers found gallon
bottle ofSmimoffvodka. The subject was identified by officers with his Oregon Identification
card and was only 20'years old. Portland Police Case #08-70013. .
On July 26, 2008, at 2:03 AM, Portland Police Officerswere flagged down by security at the
location in regardsto an intoxicated male subjecttrying to start a fight. The intoxicatedsubject
was taken into custody for a detox hold, as he was unable to care for himself and was a dangerto
others due to his behavior. 'Portland Police Case #08-72221. . '.
·.... .. .
' .....
ATTACHMENT 2
.Mr, StevePharo September 2, 2009
Page 3
. Fat Jack's has beenproposed to become an establishment operating in a night club format.
Therefore, the Cityof Portland believes that the high incidence of assaults andothernuisance
activities thatoccurred at the previous licensed location operated by Mr. Dosswhenit was
operatedunder the samenight club format will occur at this licensed premise.
For the reasons stated above, the Cityof Portland and the Portland PoliceBureau makean
,.. unfavorable recomm~ndation for this liquorlicense application,
Should the OLCC renewthe liquorlicense 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 furtherinformation, please contact Officer Jacob Clark
in the Drugs andViceDivision at (503) 823-0429.
Sincerely, .
~~~.
ROSANNE M. SIZER
Chief of Police
RMS/JRC
cc: Assistant ChiefBret Smith

Commander MikeReese
Shannon Hoffeditz OLCC Enforcement
Theresa Marchetti, aNI
Eric Fruits, Ph.D. 4318 NE Royal Court
President Portland, OR 97213-1670
Laurelhurst Neighborhood Association eric.fruits+lna@gmail.com
RECEIVED
Sarah Morgan, License Investigator
Oregon Liquor Control Commission FEB 09 20tO
Portland, Oregon 97222-7355 f' a861MC18 O'Vlal~
. .LIlIJCItOOMlRClLOOYW88lGM
RE:· Liquor License Application, New Outlet, Full On-Premises Sales
Fat Jack's alk/a Fat Jack's Saloon alk/a Fat Jacks LLC
3390 NE Sandy Boulevard
Portland, Oregon 97232
Licensee: Tracy and Sherri Doss
Dear Ms. Morgan:
Last year Fat Jack's LLC submitted a liquor license application for an establishment at
3390 NE Sandy Blvd. The last business operating at that location was La Fortuna, a country-
western themed nightclub serving the Mexican community. The owners of La Fortuna entered
into a Good Neighbor Agreement with neighbors. Even so, the nightclub had numerous
problems-fights, noise, litter, drunk driving. The nightclub eventually closed after one of its
customers was murdered outside the establishment.
Based on the past experience with a nightclub at that location, many members of the
neighborhood expressed their opposition to the Fat Jack's application. After meeting with the
Laurelhurst Neighborhood Association (LNA) board in July 2009, the applicant agreed to
negotiate a Good Neighbor Agreement.
In September 2009, the Portland Police Bureau issued an "unfavorable" recommendation

regarding the application. The unfavorable recommendation was based on Tracy Doss' past
experience with a nightclub in downtown Portland.
At the September 2009 LNA general meeting, the membership voted unanimously (with one
abstention), to support the Police Bureau's unfavorable recommendation. The LNA continues to
support an unfavorable recommendation.
Soon thereafter, the applicants indicated that they no longer wanted to negotiate a Good
Neighbor Agreement. Soon after that, they amended the application to show that the
establishment would be a strip club with nude entertainers. The application also amended days
Laurelhurst Neighborhood Association Board Members

Eric 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 (NE
Quad Rep.); Lyle Howard (NW Quad Rep.): Kelly Rocian (SE Quad Rep.);Jim Edelson (SW Quad Rep.)
Sarah Morgan
RECEIVED
Page 2 of4 FEB 0' 20tO
Ul • BC'fMfii ftIVI§I€>N
and hours of operation, indicatin~¥I~~en from 3:00 p.m, to 2:30 a.m., seven
days a week.
The Oregon Liquor Control Commission (OLCC) met in December, 2009 to consider the license
application. Based on information presented at the meeting, the Commission delayed their
decision until their February, 20 I0 meeting. At the meeting, Commission Chairman Phillip Lang
informed the applicant: "You need to work out a Good Neighbor Agreement. This licensee is
doomed 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 of Portland Office of Neighborhood Involvement would
contact the parties to set up a working group to discuss the details of the Good Neighbor
Agreement.
2. The discussions would be mediated by Resolutions Northwest. Anne Dufay from

Southeast 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, and
representatives from LNA met to negotiate the Good Neighbor Agreement. The discussion was
productive 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 hours
stated in the amended application. Representatives of the neighborhood implored the
applicants to consider closing earlier than 2:30 a.m, to reduce the negative impacts on
neighborhood livability. Weeknight operating hours are a key concern to families
desiring to have sufficient sleep to succeed at work and school. Applicants emphatically
refused to even consider closing one hour earlier on weeknights.
2. Representatives from the neighborhood requested that the applicants agree to allow
certain terms of the Good Neighbor Agreement be added as restrictions on their liquor
license. Initially, applicants roundly rejected the neighborhood's request. Later in the
meeting, applicants indicated that they would consider some restrictions only if LNA
agreed not to oppose the liquor license application.
While the neighborhood continues to oppose the application and Good Neighbor Agreement
negotiations appear to be at an impasse, LNA is eager to have a Good Neighbor Agreement in
RECEIVED
Sarah Morgan
Page 3 of4
FEB 092010
u raE 8EAVIOI8 DIVISioN
«IBlI1JQUOR~COt.lMl_
place should a license be granted. At the January 26, 20 I0, LNA general meeting, the
membership voted to continue with Good Neighbor Agreement negotiations.
It is well known that a Good Neighbor Agreement is virtually unenforceable. The Laurelhurst
neighborhood's past experience with a Good Neighbor Agreement at this location is a
demonstration of the weakness of such agreements. Thus, in the absence of a Good Neighbor
Agreement-and to provide some "teeth" to any agreement that us ultimately adopted-the
Laurelhurst Neighborhood Association respectfully requests that the Commission place the
following restrictions on the license:
I. Licensee shall have at least one DPSST certified security person per 25 patrons and no
fewer than two DPSST certified security persons on the premises and on duty at all times.
2. Licensee shall ensure that the parking lot and the outside areas of the premises are
patrolled by DPSST certified security at least every half hour from 10:00 p.m. to closing
to discourage loitering and illegal activity.
3. Licensee shall limitthe amount of alcohol in a container to no more than one 16 oz. malt
beverage, 6 oz. wine, or 2 oz. distilled spirits.
4. Licensee shall limit each patron to possessing no more than one container of alcohol at a
time.
5. Sunday through Thursday, licensee's operating hours shall be no earlier than 3:00 p.m.
and no later than midnight. Friday and Saturday, licensee's operating hours shall be no
earlier than 3:00 p.m. and no later than I:30 a.m.
6. Licensee shall not sell or serve alcohol from 1:00 a.m, until 7:30 a.m,
The first three requested restrictions (1 through 4) are identical or similar to restrictions the
Commission has placed on the licenses for numerous establishments including Stars Cabaret
Bridgeport, Mystic Theater, and Club Rouge. Mynt has agreed to the first three items as terms of
a Good Neighbor Agreement (attached).
The remaining two restrictions (5 and 6) are reasonable in light of (1) the applicant's
troublesome history of ownership and/or management of liquor serving establishments and (2)
the incompatibility of a liquor serving establishment adjacent to single family residences and in
close proximity to an alcohol and other drug treatment or rehabilitation facility, a church, and a
school.
REceiVED
Sarah Morgan FEB &92010
Page 4 of4 I
uarl8lemwtCE8 DIVISION
a-.UQUOAClOIft'RtlQl6iMlSSiOO
~
Enclosure: Draft Good Neighbor Agreement, January 26, 20 I0
®
A Southeast Uplift
3534 SE Main St
Portland, OR 97214
~SE
NEIGHBORHOOD
Unlift ~OALITION
p: 503 232-0010
f: 503 232-5265
www.southeastuplift.org
February 8, 2010
Chairman Phillip D. Lang

Commissioner Robert Rice
Commissioner Ron Roome
Commissioner Alex Duarte
Commissioner Cassandra SkinnerLopata
Oregon Liquor Control Commission
Portland, Oregon 97222-7355
RE: Mynt Gentlemen's Club (previously Fat Jack's) Liquor License Application, 3390 NE Sandy
Boulevard
Dear Chairman Lang, Commissioner Rice, Commissioner Roome, Commissioner Duarte, and
Commissioner SkinnerLopata
The Southeast Uplift board of directors unanimously supports the Laurelhurst Neighborhood
Association in their opposition to the Mynt Gentlemen's Club liquor license application. We
strongly urge the OLCC to deny the application.
Tracy Doss, one of the principles in the proposed establishment, has a long history of serious and
persistent alcohol-related problems at businesses in both Portland and Ohio. On September 2,
2009, Portland Police Bureau submitted an Unfavorable Recommendation for the liquor license
application at 3390 NE Sandy (then proposing to operate under the name "Fat Jack's"). The
unfavorable recommendation was based on.a series of assaults and nuisance activities at a night
club 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 that
public interest or convenience does not demand. OAR 845-005-0326 defines public interest and
convenience reasons as alcohol-related problems at other licensed premises. The compliance
history of Fusion/Spyce Gentleman's Club provides denial criteria for this application.
Further denial criteria involves the applicant providing material false or misleading information to
the Commission on the application. There is evidence that the liquor license applicant provided
incomplete and misleading information on the application. Lapses on the application include
failure 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 • Foster·Powell
Hosford-Abernethy • Kerns' Lourelhurst • Montovillo • Mt. Scott-Arleta • Mt. Tobor • North Tobor • Reed, Richmond
Sellwood-Morelond • So~ Sunnyside • Wood"o,k
Southeast Uplift
~ 3534 SE Main St
Portland, OR 97214
SE Uolift
NEIGHBORHOOD ~OALITION
p: 503 232-0010
f: 503 232-5265
www.southeastuplift.org
license violations in Ohio. Mr. Doss also has a long history of violations in the State of Ohio.
Reported issues include the presence of drugs, weapons and prostitution. These problems
ultimately led the Ohio Division of Liquor Control to revoke the establishment's liquor license.
OAR 845-005-0327 allows the Commission to use a matrix as the decision-making tool in lieu of
using individual license refusal bases. According to this OAR if an applicant receives a total of
10 or more points they are deemed a future liquor law compliancerisk and the Commission shall
deny the license application. The Commission has denial criteria because the applicant omitted
the Ohio liquor license revocation which is worth 10 points. We urge the Commission to use this
criteria to deny the application.
For these substantive reasons, Southeast Uplift supports both the LaurelhurstNeighborhood
Association and the Portland Police Bureau in recommending that this applicationbe denied.
Yours truly,
Marianne Colgrove
SE Uplift Board Chair
cc: Sarah Morgan, OLCC

Laurelhurst Neighborhood Association
Portland CommissionerAmanda Fritz
Anne Dufay, Southeast Uplift
Uplifting community advocacy since 1968. ''"'l

Ardenwald-Johnson Creek· Brentwood-Darlington· Brooklyn· Buckman· Creston-Kenilworth· Eostmorelond • Foster-Powell
Hosford-Abernethy • Kerns· Lourelhurst • Montovillo • Mt. Scott-Arleto • Mt. Tabor· North Tabor· Reed· Richmond
Sellwood-Moreland· South Tabor unnyside • Woodstock
TEEN CHALLENGE
INTERNATIONAL
l1l..e Falth·8BseduSclll!I.o.n-'.or t~e..!l.".Ig~pldem!c Corpofale Executive Officer
Rev. Chris Hodges
PACIFIC NORTHWEST CENTERS
Admlnl.trltlon Office
75Tangent
P.O. Box 609
Lebanon, OR97355
Ph. (541) 259-3380
Oregon Liquor Control Commission 2/4/10 FAX (541) 259-6709
9079 S.E. Mcloughlin Blvd. VlSil ourwebsite at:
Portland Oregon 97222-7355 www.leenchallengepnw.com
Adolescent Outreach
Re; Permit application ofFat Jack's Saloon/Mynt Gentleman's Club, NE Sandy Blvd. P.O. Box 70172
Portland OR Eugene. OR 9740t
Ph.(541) 726-5454
FAX (541) 726-5474
CentralOregonOutreach
P.O. Box 5223
Teen Challenge International Pacific Northwest is a 501 3c non-profit religious Bend, OR. mOB
1541} 678-5272
organization, and is classified as a church providing recovery services to individuals seeking I'ax (541) 678-5300
freedom from the addictions of drugs and alcohol. Our facility located at 3327 NE Sandy Gnham Woman'.Center
Blvd. is within 500 feet ofthe proposed applicant business. We are a crisis center working BernIce AahertyHome
P.O. Box 344
with individuals who in many cases are only days into the recovery process. Just because we Graham. WA. 98338
Ph. 12531846-0888
have two facilities in the area, 3121 NE Sandy Blvd, where our office and thrift store is FAX (253) 847-4140
located, and 3327 NE Sandy Blvd where we house our clients, does not mean that the Montana Outreach
P.O. Box 573
recovery process takes place at the one location and not the other. In fact, there is much that Lolo, MT. 59847
happens at both locations that is interconnected. Ph. (4061543-1912
FAX (406)327·7441
PortlandMetro Men's Center
Therefore, under OAR-055-0336 this recovery facility is classified by the state as a P.O. Box 14885
Portland. OR97293
"protected facility." Under the ''protected facility" classification the state recognizes that Ph. (503)230-1910
FAX (503) 239-0340
"alcohol and other treatment or rehabilitation facility(ies)" must be protected from
SeattleMetro Men'.Center
detrimental outside influences including dispensers of alcohol. Under this definition "Teen 14201 SE PelJOvilsky Rd.
Challenge" is classified as a "protected facility." The applicant has proposed to open SteA3-400
Renton. WA. 98058
operations within 500 feet ofthe Teen Challenge facility which puts it well within the sphere Ph. (425j 226-2008
FAX (425) 226-2504
of influence. As such, Mynt Gentleman's club poses a severe risk to Teen Challenge and, as
Suttle Metro Women's Cntr
such, denial ofthe application for a liquor license is imperative. P.O. Box 17710
Seattle, WA. 98127
Ph.(2C6) 721·7555
FAX (206) 721·5t1t
My past experience with regard to the proposed location and its sale of alcohol is
extensive. Having been a resident at 3327 for the past 4 years, I have witnessed first hand (1) SpolllneMen's Centet
2400 N.Craill Rd.
late night use ofalcohol outside the facility, (2) flagrant excessive use ofalcohol and drugs Spokane, WA. 99224
Ph.(509) 244-5610
hundreds of feet from the facility, (3) many public disturbances including a murder due to FAX (509) 244-0171
excessive alcohol consumption. TCI MinIstry lnatltute
P.O. Box 2146
LebanCin. OR 97355
It is the opinion of Teen Challenge and their staff that granting a license to the Ph.(541) 259-3401
FAX (541) 451·3606
proposed applicant will result in significant cases of client relapse back into drugs and Trl-Cl1les Women's
alcohol use due to the visible and flagrant use of alcohol during the vulnerable "crisis phase" Jail Outreach
P.O. Box 1218
of in patient recovery. Richland, WA. 99352
Ph.(509)946-5395
FAX (5G9)946-3553
Yours truly, Tri·Clllo. Men's Outreach
P.O. Box 5246
~?~ RECEaVED Pasco, WA. 99302

Ph. (509)547.2389
FAX (509) 542·1187
Robert Cinnamon
WIIlamelte VaDey TnlnlngCntr.
Interim Director FEB 011 2010 P.O. Box lOB
Shedd, OR. 973n
Teen Challenge International Ph. (541)491.1002
FAX (541) 491·1005
Portland Men's Center
3121 NE Sandy Blvd
. • OR 97232
~ / CJf I
--Serving Oregon, Washington, Northern Idaho and Montana - - - - - - - - ,
@)
Corporale Exetutlve Office!
ChrIs Hodges
Administration Office
RECE~VED 1STangenl
P.o.Box609
~I
lebanol\ OR 91355
P!l.(541) 259-3380
FAX (541) 259-6109
FEB 04 2010
f1EGULATORY FIELD SERV1GE8
WWWJeenchallengepnw.cem
I
Oregon Liquor ControlCommission Ore,:o~1 t'~t:or C:r'l':~:;i I:->j·l~·~,",:::~:~,~r; Central Oregon Outreacll
9079 S.E. McLoughlin Blvd. P.O.Box 5223
Bend, OR.moa
PortlandOregon 97222-7355 P!l.(541) 678-5212
FAX (541) 618-S300
Re; Permit application of Fat Jack's SaloonlMynt Gentleman's Club, NE SandyBlvd. in eugeneWomen's Outraech
Hannah's Heuse
Portland. 859&9 Sailey HiD Ad.
Eugme.OR97~1
PI\. (541)344--1328
As explained below, the grantingof a license in the location set out in the FAX (541) 344--1351
application referenced above is not demanded by public interest. Indeed, it is contrary to the Graham WClmen's Cenler
BernIce Flaherty HClme
public interest. In addition, there are sufficient licensed premises in the vicinity. For theses P.O.Box344
reasons, the OLCC should refuseto licenseFat Jack's Saloon/Mynt Gentleman's Club. Gtaham,WA 98338
Ph. (253)846-0888
FAXl2531841-414O
Teen Challenge International Pacific Northwest is a 501 3c non-profit religious MClnlana 0utIeach
3815 SCluth 7th 51.W.
organization. We are classified as a church providing recovery services to MlslCUIa. MT 59804
individuals/students seekingfreedom from the addictions of drugs and alcohol. Our facility Ph. (406) 543-1912
FAX (406) 321·1441
located at 3327 NE Sandy Blvd. is within 500 feetof the proposed applicantbusiness. On an
PoItJand Metro Men's Center
average, 30 to 40 students resideat this location at any giventime,and last year we serveda P.O. Box 14886
total of 171 menall of who were residents at this location duringtheir time in the program. Portland. OR 91293-0886
Ph. (S03) 230-191 0
The resuIt of having this business in such close proximity to our students is that it will create FAX lS03) 23~340
a steady flow of opportunities that can derail the efforts of men tryingto establisha new seattle Mew Men's Center
beginning for themselves. 14201 5E Pelrcvitsky Rd.
SteAl-400
We are a crisis center working with individuals who in many cases are only days old
RenIcI\ WA.9Sll58
Pll.142S1 226-2608 1
FAX (425-226-2504
in the process of recovery. Somecome from lifestyles that havean appearance of normalcy seattle Me1ro Women's Cntr
but are crippled in the secrecy of alcoholism. Otherscomedirectly from livingon the street. P.O.8axlmo
seattle. WA 98121
Most ofthem can testify to the truth that not everything that happens in establishments such P!l.(206J m·155S
as the one proposed here by the applicant stays in the establishment. As reported to the FAX (206) 121·5111
OLCC by the PortlandPoliceDrugs and Vice Unit's Liquor Investigator, there is a long Spolcane Man's Center
2400 NCraig Road
history of serious and persistent problemsof the previous licensee at the proposed location Spokane,WA 99224-9568
Ph.(S09) 244-5610
with, among other things, incidents in the parking lot. While an OLCC staff member, a Mr. FAX (509) 244-0111
Croy, commentedat the first hearingon this application that the history of problems at the
TCI Ministry Institute
proposed location is too remoteto be considered, Teen Challenge urges you to consider it, P.O.8ax2146
lebancn. OR 91355
because to our staff it was likeyesterdayand likely to be repeated if the OLCC licenses the Ph.(541)259-3401
applicant. FAX (541) 451·36(16
Tn.clllesWclmen's
JaQ 0utIeach
Intoxication will not stay indoors. Andcontainers, paraphernalia, and pornography P.QBox 1218
will find their way to the streets and consequently confront those who pass by. Our students Ridlland.WA 99352
P!l.(509) 946-5395
are already confronted by and struggle with the presence of drug paraphernalia left by others FAX (509) 946-3553
on the sidewalk near their dormitory. Our recovery alcoholics do not need the temptation of Tn.cllles Men's Outreach
having a licensed facility right across the street. In short, licensing the applicant(whose P.o. 8clC 5246
PalCO, WA.99302
proposed facility is very large and not consistentwith the charter of either the Hollywood or Ph.(S091547-2389
FAX (509) 542-1187
Laurelhust neighborhoods around it) would adversely impact our facility and unreasonably
affect the work we do - work which is, we submit, more in the public interestthan the Wlllamette Valley Trelnlng Cnlr.
P.O. 8clC loa
business which the applicant intends to run. Consequently, pursuant to ORS 471.313(1) and Shedd.OR913n
P!l.(541)49HOO2
........
OAR 845-005-0326 (2) (a) (A) and (B). FAX (541)491·1005
.'
~
0209/6000
- - Serving Oregon. Washington, Nort@o and Montana
• ~
!:.:.•..
, ~--- ..
Itec.. F-dJ "It ,/-fJ(()
p. ~ ~f ~
The OLCC should also be aware that many of the people we work with are seeking
freedom from more than one form of addiction. Pornography is an addiction that often follows
drug addiction. Whether it is in the form of fantasy or actual physical contact, sexual addictions
go to the core of every individual. Having an establishment that feeds this kind of hunger right
across the street is like putting a cold beer in front of an alcoholic on a hot day and telling him not
to drink it. Knowing individuals are exposing themselves within 500 feet from their front door is
a daily invitation to struggling individuals.
We ask you to recognize and respond to the realities and power of these types of
addiction. Each student, in the best-case scenario, must make a daily recommitment to their
resolve if they are to break free from addictive behavior. The approval of this license in such
close proximity to where they live only serves to add to the challenges of their resolve and our
efforts to help.
In addition, studies have proven that the increase of crime can be directly attributed with
businesses such as this. It is certain that law enforcement agencies will face increased problems as
will area residents.
We recognize you are also to consider the matter of convenience in this. I submit to you
that from our present location, an individual can walk approximately 1000 feet in either direction
to a business that presently sells alcohol. In fact, there are several fully licensed bars/nightclubs
close by but not across the street. In addition, there is a state agent liquor store close by as well.
And beer and wine are available from the QFC store only a few blocks away. The close proximity
of these businesses makes it convenient for the individuals in our area who are seeking to
purchase alcoholic beverages.
If, for some reason, the OLCC is not inclined to deny the application at its February
meeting, the decision on the application should be postponed for at least one month in light of the
OLCC's failure to comply with OAR 845-005-0306. As a place of worship and an alcohol and
drug recovery facility we should have been provided notice of the application and initial hearing
on it in a timely manner. Instead, we learned of the application from the Laurelhurst
Neighborhood Association. I understand from their testimony at the initial hearing on this matter
that the OLCC also failed to notify Minds In Motion Tutoring and the 8th Church of Christ
Scientist as well. Because of the lack of timely notice, Teen Challenge has not been afforded the
time to present as thorough a response to the proposal as it would like to present. So, if you do not
see fit to deny the request at this time we ask that you postpone your decision so that we might
respond to the fullest extent of our rightful ability.
Yours truly,
aJC/L
David Oliver
Corporate Operations Officer
Teen Challenge International
Pacific Northwest Centers
PO Box 609
Lebanon Oregon 97355
I!J!'!!"
t

OLCC Staff Report On 3390 NE Sandy Liquor License Application 100212

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OLCC Staff Report On 3390 NE Sandy Liquor License Application 100212

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Report Summary for February 2010 Commission Meeting

Fat Jack's, LLC

Full On-Premises Sales

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

liquor or criminal laws violations by the licensee, patrons of the licensed

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

Executive Director Statement

FULL ON-PREMISES SALES, COMMERCIAL NEW OUTLET

New Trade Name: MiN'" 1 Liquor Liability Insurance: Phone#:

FATJACK'S SALOONf'~0'JS TBD 503-539-9670

Address: City: County: Zip:

3390 NE SANDY PORTLAND MULTNOMAH 97232

09-08-2001 10:09 T DOSS 7028220083 PAGE4

A OREGON LIQUOR CONTROL. COMMISSION

Applicant Name: fur ~ tl£l?s ~ Phonel ~) 539-· q"-77>

Business Hours: Outdoor Area Hours: The outdoorareaIs usedfor:

Sunday to~~,D~.m. Sunday to _ U Food servlce Hours: _•._ _to _

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

o Uve Music o Karaoke

Outdoor. _ OLCC use ONLY ,..

Subject: Full On-Premises Sales/Commercial Date: February 11, 2010

Fat Jack's, LLC

Information Regarding Tracy Doss

OlCC Licensing History at the Above Premises

The premises was previously licensed to Bobayo-Guerra, Inc., d.b.a. la Fortuna

City of Portland Recommendation

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

Laurelhurst Neighborhood Association Recommendation

Information from Neighbors separate from the Laurelhurst Neighborhood

The Commission received 25 letters from neighboring residents objecting to this

1. OAR 845-005-0326(1): Mr. Doss had alcohol-related problems at other licensed

2. OAR 845-005-0325(6): Mr. Doss provided material false or misleading

Information from Eighth Church of Christ. Scientist

Information from Full Life

Information from COLT

Information from Teen Challenge

Information from Minds in Motion Tutoring Center

(1) Alcohol-Related Problems at Other Licensed Premises:

FACTS RELATED TO CRITERION #1

r e. 06/08/2008 at about 3:15 a.m. an intoxicated and unruly patron was

ANALYSIS OF FACTS AS APPLIED TO CRITERION #1

FACTS RELATING TO GOOD CAUSE AND ABSENCE OF GOOD CAUSE FOR

2. In September 2008 Fusion/Spyce Gentlemen's Club changed from a traditional

n. All premises employees will be required to park their personal vehicles

ANALYSIS OF FACTS RELATING TO GOOD CAUSE AND ABSENCE OF GOOD

First, the change in operation at Fusion/Spyce Gentlemen's Club in September 2008 to

CONCLUSION FOR CRITERION #1

(5) That there is a history of serious and persistent problems involving

471.329 Serious and persistent problems involving noise as grounds for

FACTS RELATED TO CRITERION #2

4. On 2-26-06 at 2:45 a.m., security personnel at La Fortuna became involved in an

7. On 5-06-07 at 2:20 a.m., Portland police responded to the La Fortuna Restaurant

8. On 12-15-07 at 1:12 a.m., a Portland Police Neighborhood Response Team

10. On 01-11-08 a Portland police officer responded to a noise complaint at La

ANALYSIS OF FACTS AS APPLIED TO CRITERION #2

We must determine if there is a history of serious and persistent problems at the

CONCLUSION FOR CRITERION #2

The criterion does not apply.

RELEVANT FACTS FOR CRITERION #3

18. The Eighth Church of Christ, Scientist is a church located at 3505 NE

a. One location is at 3121 NE Sandy Blvd. This is a faith-based alcohol and