Tawney; OLCC Inspector Matthew Cobos; OLCC Inspector Jason Tallmadge; OLCC RegionalManager Janice Kindrick; and Portland Police Officer Craig Anderson. The following witnessestestified on behalf of Licensee: Managing Member Ghassan “Gus” Samander; Manager MartelK. Wilson; Manager Donna Thames, William Olson of NW Beverage Control, employeeMichelle Werner, employee Jocelyn Mugot; employee Joel Ayers; employee Dean Jepson;patron Michael Butchee and employee Frank Murchie.The record remained open for written closing arguments, and closed on October 28,2009, upon receipt of OLCC Staff’s Rebuttal Closing Argument.The Administrative Law Judge considered the record of the hearing and the applicablelaw and issued a Proposed Order mailed November 16, 2009
Licensee filed Exceptions to the Proposed Order on December 1, 2009. Staff filedComments on the Proposed Order on December 1, 2009. The Administrative Law Judgeresponded to Licensee’s Exceptions and Staff’s Comments on December 21, 2009.On April 15, 2010, the Commission considered the record of the hearing, the applicablelaw, the Proposed Order of the Administrative Law Judge, Licensee’s Exceptions to theProposed Order, Staff’s Comments on the Proposed Order and the Administrative Law Judge’sResponse to Licensee’s Exceptions and Staff’s Comments. Based on this review and thepreponderance of the evidence, the Commission enters the following:
OLCC Exhibits A1 through A13 were admitted into the record. Licensee’s Exhibits P1through P3, P5 and P6 (pages 1 through 7, 10 and 12), and P8 through P12 were admitted.Licensee withdrew Exhibits P4 and P7, and pages 8 and 11 of Exhibit 6.
1. Whether, on July 5, 2008, Licensee’s employees failed to use a wand on all patronsentering the premises between 9:00 p.m. and closing, in violation of a restriction on the license.OAR 845-005-0355(5).2. Whether, on the night of July 11 and/or the early morning hours of July 12, 2008,Licensee’s employees allowed patrons to have more than one drink for personal consumption ata time, in violation of a restriction on the license. OAR 835-005-0355(5).3. Whether, on the night of July 11 and/or the early morning hours of July 12, 2008,Licensee’s employee Alisha Pearson was under the influence of intoxicants while on duty, inviolation of OAR 845-006-0345(1).4. Whether, on July 12, 2008, Licensee’s employees promoted drink specials after 12:00a.m., in violation of
OAR 845-006-0345, the prohibited conduct rule, was amended and paragraphs were renumbered
Page 2 of 19 – Final Order