Attached are three documents: the first includes scans of all three pages of the liquor license application notice that I received as a resident within 300 feet of the building. The third page of this document has the comment form for community use to voice opposition to the license. Please feel free to print it out and air your concerns. This form should be filled out and sent to:
Liquor Licensing Specialist, ONI
1221 SW 4th Ave, Suite 110,
Portland, OR 97204
or via fax (503) 823-3050
But before filling it out, please read below: There is definitely a right/efffective way and a wrong/ineffective to oppose liquor licenses!
The second document attached is the City of Portland's Liquor License Recommendation Process, a Community Guide. This document outlines the process which leads up to the liquor license being approved or denied. All opposed to this license must take into consideration the valid grounds for denial (opposition to nude dancing is not grounds for denial btw).
The third document is the Oregon law 471.313 Grounds for refusing to issue license. This can also be found at http://www.oregonlaws.org/ors/471.313
BACKGROUND ON APPLICANTS
The application states Emily Zukle (the wife of Johnny Zukle) as the applicant, however Figmint LLC is registered as a 50/50 partnership.
Johnny Zukle currently operates at least 2 strip clubs Casa Diablo and Black Cauldron.
As for stated intentions for the former Hutch on Holgate: a wweek article states:
"Zukle doesn’t want to leave out the kids, however. At the old location of the Hutch on Holgate at 4513 SE 41st Ave., he plans to open an “all-ages, family-friendly vegan restaurant, lounge and production facility featuring delicious vegan dining, drinks & desserts.” At the recent Woodstock meeting, Zukle stated he intends to apply to sell medical marijuana from the basement of this location, as well.
LIQUOR LICENSE PROCESS
There are several offices that are involved in this license approval process. The important ones are:
ONI Office of Neighborhood involvement
These people receive and review the letters of community opposition or support. This is where our letters will go.
DVD Bureau of Police, Drugs & Vice Division
The police give a recommendation to the OLCC based on an investigation into the application and applicant. Ideally this application would receive a "Unfavorable – The Chief of Police finds that there are valid grounds to make an unfavorable recommendation to OLCC as provided by Oregon liquor laws (ORS 471.313). If there is public opposition the recommendation shall also include a request that the OLCC hear testimony from the neighborhood."
OLCC Oregon Liquor Control Commission
Is in the business of approving liquor licenses based on the recommendations of ONI, DVD and other organizations (see attached doc for full info). Their mission statement is "To promote the public interest through the responsible sale and service of alcoholic beverages." They are not in the business of protecting neighborhoods. See this Portland Tribune article about the McLaughlin Blvd hearing to see this committee in action.
GROUNDS FOR DENIAL
-Does the applicant have a criminal record or history of liquor law violations?
-Has the applicant had repeated problems (alcohol related) at another licensed
-Are there already sufficient licensed premises in the area or is the license not demanded by public interest or convenience?
-Is the business likely to have an adverse impact on the neighborhood or nearby facilities such as an elementary/secondary school, church, hospital, park/child oriented recreational facility or alcohol and other drug treatment or rehabilitation facility?
NOTE: A restaurant alone may not have an adverse impact, but the community may have concerns about the sale of liquor "full on-premises sales license" in a quiet, residential neighborhood. Fact: This location is directly adjacent to a church -Proposed business operating hours btw include 11am-9pm Sundays, and all buildings in the adjacent area are exclusively residential.
NOTE: Nude dancing is highly protected "free speech in Oregon" and is not ground for denial by the OLCC. I believe our our community is concerned that the concept of the business will change without notice to the city of Portland or the community (which is legal to do). Limiting the sale of beverages to beer/wine only would hamper the transition to strip-club in the future. The way to address that is concern about liquor sales specifically, and pushing for a Limited On-Site Sales license (beer, wine, cider only) which promotes a family-friendly atmosphere more desired by the community.
-Is the licensee aware of the activity, willing to take corrective measures, and willing to mediate?
-Will a new, additional license unreasonably disturb the neighborhood?
"Liquor laws do not allow the OLCC to deny a license because there is a possibility that granting the license will result in criminal activity. Rather, there must be a reasonable probability that granting the license will give rise to criminal activity. A poor record of obeying liquor laws if the applicant formerly held a liquor license can support the likelihood of criminal activity."
NOT GROUNDS FOR DENIAL
Do not include these concerns as the OLCC has no authority to on these issues.
-Signs or advertising not related to alcohol
-Devaluation of property
-Other zoning-related issues.