Liquor Control Commission9079 SE Mcloughlin BlvdPortland, OR 97222-7355

(503) 872-50001 (800) 452-6522

JUly 19, 2011

Fat Jack's, LLCSherri Doss, Managing MemberTracy Doss, Memberdba MYNT GENTLEMEN'S CLUB (F-COM)3390 NE SandyPortland, 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 suspendyour license or assess a civil penalty for any violation. The Public Safety Programproposes 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 thelicense restriction which states, "Licensee is prohibited from employing, using, orallowing entertainers under the age of 21" when 20-year old Kelsey Stringer worked atMynt 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 MeghanHelem to miX, sell, or serve alcoholic beverages, or supervise those who do, without avalid service permit issued by the Commission. This is a violation of DRS471.360(1)(b).

Alternate Violation Number Two

From about May 4, 2011 to about June 4, 2011, Licensee failed to verify that employeeMeghan Helem had a valid service permit or pending application, and/or Licensee failedto personally deliver a completed service permit application and continue to verify thatMeghan Helem had taken and passed a Server Education course and been issued aservice 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 andrecommends cancellation for the first violation of this type within two years. OAR 845­006-0500(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, 2011Page 2

OAR 845-006-0500 defines Violation Number Two as a Category III viol~tion an~ s~ts a10-day suspension or a $1,650.00 civil penalty for the firs~ ~iolabon of this type withintwo years. OAR 845-006-00500(7)(a)(0), (7)(b), and Exhibit 1 to OAR 845-006­0500(7). This is your first.

If the license is cancelled pursuant to Violation Number One, no separate penalty willbe imposed for Violation Number Two.

If the Commission finds aggravating or mitigating cir~~mst~nces,.it ~ay assess agreater or lesser sanction than that listed in the administrative gUIdelines.

Aggravating Circumstances

Violation Number One was repeated, was intentional, and efforts were made to concealthe 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 isissued, 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 ofReprimand. This reprimand will become a permanent part of Licensee's Commissionfile and may be considered in any future application for a liquor license by Licensee.

RESPONSIBILITY FOR VIOLATIONS

:'Licensee" i~ define~ as inclUding any person or entity whose membership orInvestment ,nterest IS ten percent or more of the total membership or investment~nterest of a Ji":lited liability company (OAR 845-006-0301). Therefore, the licenseeIncl~~es Shem Doss, Managing Member and Tracy Doss, Member of Fat Jack's, LLC.Add'bonally, Fa~ Jac~'s, .LLC. is responsible for the acts and omissions of its employees·and representatIves In Violation of any law affecting license privileges (OAR 845-0060362). _-

HEARINGS RIGHTS

You have the ri~ht to a heari~g to dispute the charges or the proposed cancellation IfI~otudwanttha 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 resour~es. l~div~~~~~~~~~~~'::e~t~ ~~~~e

---~-------MYNT GENTLEMEN'S CLUB If·

COM)

July 19,201 1Page 3

. . an\es must be represented137_003-0550, Umited 1\ablhty comp

attorney. Per OARby at:' attorney.. . . . . .

f Administrative Hearings under the JUrisdictionHearings are co~ducted by t~~ Offic~ ~on according to the Administrative Procedures

~c~h~~~~O;a~~~~~~~)~~~orn~~~~~~ral:s.Rules fo.r ~he ~ffice of AdministrativeHea~ingS (OAR Chapter 137) and Commission AdminIstratIve Rules (OAR Chapter 845Division 03).

If you do not request a hearing within the time specified above,. you ~i11 have waived theright to a contested case hearing. If you do not request a heanng or If you request ahearing and then withdraw your request, a final order by default will be issued by theCommission Administrator. If you fail to appear at a scheduled hearing, a final order bydefault will be issued by either the Administrative Law Judge or the CommissionAdministrator; 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 finalorder by default.

Once a final order by default is issued, your license will be cancelled.

OREGON ~~OR CONTROL COMMISSION

Step~ Pharo 'Executive Director

SAP:BV

If youuhave any questions, please call 503-872-5128 or 800-452-6522, extension 5128