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OLCC Mynt Investigation Report and Charge Letter

OLCC Mynt Investigation Report and Charge Letter

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Published by EricFruits
Mynt Gentlemen's Club a/k/a Fat Jack's at 3390 NE Sandy Blvd., Portland, Oregon. Oregon Liquor Control Commission report on alleged violations of license restrictions and alcoholic beverage service rules. OLCC staff recommendation that license be cancelled.
Mynt Gentlemen's Club a/k/a Fat Jack's at 3390 NE Sandy Blvd., Portland, Oregon. Oregon Liquor Control Commission report on alleged violations of license restrictions and alcoholic beverage service rules. OLCC staff recommendation that license be cancelled.

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Published by: EricFruits on Jul 24, 2011
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Liquor Control Commission

9079 SE Mcloughlin Blvd
Portland, OR97222-7355
(503) 872-5000
1 (800) 452-6522
JUly 19, 2011
Fat Jack's, LLC
Sherri Doss, Managing Member
Tracy Doss, Member
dba MYNT GENTLEMEN'S CLUB (F-COM)
3390 NE Sandy
Portland, OR 97232
CERTIFIED and REGULAR MAIL
NOTICE OF PROPOSED LICENSE CANCELLATION
Pursuant to DRS 471.315(1)(a}(A) and (1)(c), the Commission may cancel or suspend
your license or assess a civil penalty for any violation. The Public Safety Program
proposes that the Commission cancel your license for the following violations:
Violation Number One
From about March 1, 2011 to about June 4, 2011, Licensee failed to comply with the
license restriction which states, "Licensee is prohibited from employing, using, or
allowing entertainers under the age of 21" when 20-year old Kelsey Stringer worked at
Mynt Gentlemen's Club as an entertainer. This is a violation of OAR 845-005-0355(5).
Violation Number Two
From about May 4, 2011 to about June 4, 2011, Licensee permitted employee Meghan
Helem to miX, sell, or serve alcoholic beverages, or supervise those who do, without a
valid service permit issued by the Commission. This is a violation of DRS
471.360(1)(b).
Alternate Violation Number Two
From about May 4, 2011 to about June 4, 2011, Licensee failed to verify that employee
Meghan Helem had a valid service permit or pending application, and/or Licensee failed
to personally deliver a completed service permit application and continue to verify that
Meghan Helem had taken and passed a Server Education course and been issued a
service permit. This is a violation of OAR 845-009-0015(1)(2)(3)(4).
DETERMINING THE PENALTV
OAR 845-006-0500 defines Violation Number One as a Category I violation and
recommends cancellation for the first violation of this type within two years. OAR 845-
006-0500(7)(a)(A), (7)(b), and Exhibit 1 to OAR 845-006-0500(7). This is your first.
MYNT GENTLEMEN'S CLUB {F-COM)
July 19, 2011
Page 2
OAR 845-006-0500 defines Violation Number Two as a Category III a
10-day suspension or a $1,650.00 civil penalty for the of this type within
two years. OAR 845-006-00500(7)(a)(0), (7)(b), and Exhibit 1 to OAR 845-006-
0500(7). This is your first.
If the license is cancelled pursuant to Violation Number One, no separate penalty will
be imposed for Violation Number Two.
If the Commission finds aggravating or mitigating assess a
greater or lesser sanction than that listed in the administrative gUIdelines.
Aggravating Circumstances
Violation Number One was repeated, was intentional, and efforts were made to conceal
the violation.
PROPOSED PENALTY
The, Public Safety Program proposes that the Commission cancel your license.
If Licensee's interest in the license expires or is transferred before a Final Order is
issued, the Public Safety Program recommends that under the authority of ORS
471.030,471.040,471.313 and 471.730, the Commission issue Licensee a Letter of
Reprimand. This reprimand will become a permanent part of Licensee's Commission
file and may be considered in any future application for a liquor license by Licensee.
RESPONSIBILITY FOR VIOLATIONS
:'Licensee" as inclUding any person or entity whose membership or
Investment ,nterest IS ten percent or more of the total membership or investment
of a Ji":lited liability company (OAR 845-006-0301). Therefore, the licensee
Shem Doss, Managing Member and Tracy Doss, Member of Fat Jack's, LLC.
Add'bonally, .LLC. is responsible for the acts and omissions of its employees
·and representatIves In Violation of any law affecting license privileges (OAR 845-006
0362). _-
HEARINGS RIGHTS
You have the to a to dispute the charges or the proposed cancellation If
heanng. please sign and date the enclosed form and retum it to the add'
IS e on, e form by 5:00 PM on August 18 2011 l . '. ress
to assist a party wrrh limited financial

-
------
MYNT GENTLEMEN'S CLUB If·
COM
)
July 19,201
1
Page 3
. . an\es must be represented
13
7_003-0550, Umited 1\ablhty comp
attorney. Per OAR
by at:' attorney.. . . . . .
f Administrative Hearings under the JUrisdiction
Hearings are by according to the Administrative Procedures
.Rules fo.r of Administrative
(OAR Chapter 137) and Commission AdminIstratIve Rules (OAR Chapter 845
Division 03).
If you do not request a hearing within the time specified above,. you have waived the
right to a contested case hearing. If you do not request a heanng or If you request a
hearing and then withdraw your request, a final order by default will be issued by the
Commission Administrator. If you fail to appear at a scheduled hearing, a final order by
default will be issued by either the Administrative Law Judge or the Commission
Administrator; as authorized by OAR 845-003-0670.
In each of these instances, the Commission will designate its file or files in this matter,
including all materials you have submitted, as part or all of the record supporting its final
order by default.
Once a final order by default is issued, your license will be cancelled.
OREGON CONTROL COMMISSION
Pharo '
Executive Director
SAP:BV
If youuhave any questions, please call 503-872-5128 or 800-452-6522, extension 5128

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