The Creston-Kenilworth Neighborhood Association will be submitting the following letter to the OLCC regarding the liquor license application at 4513 SE 41st Ave. Feel free to use language from our letter if you are writing one as well. Comments are due Friday, April 3rd, to michael.boyer@portlandoregon.gov.


The Creston-Kenilworth Neighborhood Association is writing with regards to a liquor license application for FigMint LLC at 4513 SE 41st Ave.  At several recent community meetings, neighbors and community leaders have expressed significant concerns over this particular application. As a result, the Woodstock Neighborhood Association hosted a meeting between concerned individuals and the applicants, Johnny and Emily Zukle. At this meeting, the Zukles stated that they intend to open a “high-end family-friendly vegan restaurant” named FigMint.  A thriving family-friendly restaurant would be welcomed by the surrounding neighborhoods. However, many residents remained concerned because the Zukles own and operate several well-known strip clubs in Portland. The Creston-Kenilworth Neighborhood Association would like to request restrictions on the liquor license for 4513 SE 41st Ave that would be supportive of his stated business interests while protecting the interests of the residents living nearby. 

The main cause for concern centers on the possibility that, once they receive a liquor license, the Zukles could change their business model from a family-friendly restaurant to a night club with nude dancers, similar to their other businesses. In this circumstance, the surrounding residences would receive no notification of the changes in the Zukle’s business model, but would likely experience significant detrimental impacts. The proposed location is adjacent to single-family homes, across SE 41st Ave from the Calvary Bible Church, and across SE Holgate from apartment buildings. We feel that a business in the adult entertainment industry would negatively impact the surrounding neighborhood in several ways, including noise from amplified music after 10pm, and the potential for over-served individuals and disorderly conduct. In a meeting hosted by the Woodstock Neighborhood Association on March 25, 2015, Mr. Zukle admitted that he has previously altered a business in this way: a restaurant Mr. Zukle owned was failing and he consequently converted it to a strip club.

In addition, Mr. Zukle stated at the March 25, 2015, meeting that he intends to use a second retail unit in the same building to sell vegan marijuana products. It was unclear from his comments on March 25th, 2015, whether Mr. Zukle intends to sell medical or recreational marijuana, as he referenced both. We are concerned with the possibility for the co-location of a business serving on-site liquor with a business selling recreational marijuana products. Furthermore, the Calvary Bible Church across SE 41st Ave hosts frequent addiction recovery groups at its location, and the availability of recreational marijuana could be troubling for individuals seeking support at the church.

In light of these concerns we request the OLCC require the liquor license include the following enforceable restrictions:

1.       Hours of operation will be restricted to the hours of 11:00 am- 9:00 pm Sunday through Thursday and 11:00 am - 10:00 pm on Friday and Saturday (as listed on the current application);

2.       No live entertainment, including amplified music and dancing (nude or otherwise) in order to prevent noise disturbances to the surrounding residences. Noise from the establishment will be at appropriate levels for a residential neighborhood;

3.       Minors be permitted in all portions of the restaurant;

4.       Seating for no more than 36 customers (as listed on the current application), including any outdoor seating, within the 1,000 square-feet area listed on the application;

5.       Recreational marijuana sales shall not be permitted on this tax lot.

We request that the OLCC require ownership to re-apply for a liquor license if any changes to these requirements are requested, allowing the neighborhood to comment on any new business model that involves alcohol. 

The neighborhood is excited to see the revitalization of this property and hopes to see a successful family-friendly restaurant thrive at this location.  At the same time, we do not want to see this applicant change course and use this liquor license to open up any sort of adult entertainment establishment.  The requested restrictions not only provide for ownership to open and operate a successful restaurant, but also ensure that the property will not become an adult-oriented business in this mostly residential part of our neighborhood. 

Sincerely yours,

Creston-Kenilworth Neighborhood Association

If you are interested in writing a letter to the OLCC regarding the liquor license application for the property located at: 4513 SE Holgate, below is an information packed guide on how to effectively write to the OLCC. We will post the official statement from our neighborhood association soon.

Thanks!


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
location? 

-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.
-Nude dancing
-Litter
-Signs or advertising not related to alcohol
-Inadequate parking
-Traffic congestion
-Devaluation of property
-Other zoning-related issues.

Recently, T-Mobile sent out notices of a public meeting to discuss an intended cell tower in our neighborhood. One of our board members attended this meeting and was able to voice our collective concerns. Through rigorous research, the board member found that T-Mobile violated 5 administrative rules subsequently our neighborhood association agreed to send out this letter to the city. 

Feel free to comment below with any further questions!

In some twist of fate, CKNA has made it to the championships this Saturday (August 2nd, 2014). We play against the Fo-Po Pirates at Mt. Scott Park 2-4. Ice-cream social (Salt&Straw, yum) afterward! All ages, family friendly. We ask that each participant or family contribute $5 to play.

In other news, Block Party on August 5th 6-8. National Night Out is a great time to meet your neighbors and in our neighborhood we meet over delicious BBQ provided by the neighborhood association and Kenilworth Presbyterian Church. Bring a side or dessert to share. We will have live music, face painting, sidewalk chalk, a fire truck and more!

Location: 34th between Gladstone and Francis

When:Tuesday, August 5th 6-8

Come on out for one or both events!

Hello Neighbors!

You may have caught wind of the SE Neighborhood kickball showdown. 

Well, here are the deets:

CKNA V Woodstock (or as we like to call them, the Woodstock Whiners!) this Saturday at Woodstock Park from 2-4. 

If we win (which we will!!!), the championship game/ice cream social is August 2nd (sat) 2-4. 

The winning team takes home the proceeds (each NA has contributed $50 to the game with a matching grant from SEUplift) to their neighborhood association, which pays for the events we enjoy in our neighborhood (ie: Movies in the Park, National Night Out etc).

Who's in? This is all ages, family friendly ($5 suggested donation for each family or single participant), the more kickballer's the merrier and/or come cheer us on!!!

See you all at Woodstock Park on Saturday. Spread the word and/or send us an email for more info or to let us know you will be there to play! 

One can't help but notice the lush backyard of Birds & Bees Nursery on 37th and Gladstone. 

Bursting with native plants and veggie starts, it is a welcome change to the storage lot it was before Caitlin and Amanda transformed it.

Amanda and Caitlin met in high school and their friendship has lasted 17 years. They have already tested blurring the lines between their friendship and professional relationship by working together at Finnegan's Toy Store. 

Amanda said they always knew they wanted to open a business together and took a small business course through Mercy Corps. From there, they were able to write a business plan, find a loan and open their vibrant shop in April 2012.

Anything that Amanda and Caitlin do not carry in their shop, they can order from one of their vendors. In February, they built a coop and included chicks in their offerings. 

They host multiple workshops throughout the year from terrarium building to holiday wreath making. The ladies also offer cards and some locally crafted jewelry. A definite one-stop-shop for the green thumb in your life!

 As Portland natives (yes, we exist!), they are committed to the "NACK" (Neighborhood Association of Creston Kenilworth). Not only do a majority of their regular customers live in the neighborhood but Amanda and Caitlin both live nearby. 

Recently they were one of the sponsors for Movies in the Park at Kenilworth Park. They also donated gift cards to Kenilworth Preschool's and Tucker Maxon's auctions. As if on cue, a woman stopped in with a cucumber from her garden as a gift. I asked if this happens often and they told me one time, they received blackberry infused vodka.

Now that's what I call community! 

Birds & Bees is located at 3709 SE Gladstone. Hours M-Sat 10-6 Sun 11-5

503.788.6088 and you can Like them on Facebook!

-Jeanne deParrie-Turner

Ok, this photo is a couple of months old but we keep forgetting to take photos at our meetings. Probably because we are having too much fun.

I know neighborhood association and fun do not seem synonymous but I must admit, the Outreach Committee happens to have some of the most funny and interesting people attend.

We are considering bringing back the Welcome Wagon. You remember the good ol' days when you moved to a new town and a group of neighbors would stop by with a pie? 

No? I don't remember that either. I guess that is why I think it is such a great idea. Why not try some forms of engagement from the past? Stay tuned for more on that!

Rachel did an amazing job gathering vendors and activities for Movies in the Park. For those of you who don't know her, she is pictured above on the far right. Anyway, she has a sparkling personality which served us well when asking our local businesses for donations. Our event is fully funded which is super awesome!!! Yay, Rachel!