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John A. Kitzhaber, MO, Governor
Liquor Control Commission
9079 SE McLoughlin Blvd Portland, OR 97222-7355 (503) 872-5000 1 (800) 452-6522
May 16, 2012
Mr. Tracy Doss Mynt Erotic Nightlife 3390 NE Sandy Boulevard Portland, OR 97232 RE: ORS 471.407 Dear Mr. Doss: I understand that Mynt resumed operating last week and that staff has served patrons alcoholic beverages at the premises free of charge. Please be aware that ORS 471.407 prohibits an unlicensed person or entity from offering alcoholic beverages as an inducement to make purchases and reads in part: ...A person who owns, operates or controls a business establishment that sells food or beverages for consumption at the establishment or that offers entertainment to the public for consideration may not provide alcoholic beverages to members of the public, without regard to whether the beverages are offered on a purely gratuitous basis ... As you know, Mynt no longer holds a liquor license. Because the premises as it is currently operating sells food and entertainment, OlCC staff consider the offer of alcoholic beverages to be an inducement to purchase those items and a violation of ORS 471.407. Please be aware that you may be held criminally liable for violation of the statue if you continue to operate in this manner.
Carl lewis Portland Metro Regional Manager
Cc: Duke Tufty, Davis Wright Tremaine