LV's Sports Bar

8/7/2019 LV's Sports Bar

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January 7, 2009LaVon Vandba LV'S SPORTS BAR RESTAURANT & LOUNGE (F-COM)3530 N VancouverPortland, OR 97212 CERTIFIED MAIL

NOTICE OF PROPOSED LICENSE CANCELLATIONPursuant to ORS 471.315, the Commission may cancel or suspend your license orassess a civil penalty for any violation. The Public Safety Program proposes that theCommission cancel your license for the following violation:There is a history of serious and persistent problems involving disturbances, lewd orunlawful activities or noise either in the premises or involving patrons of theestablishment in the immediate vicinity of the premises, including but not limited toexcessive noise, public drunkenness, fights, altercations, harassment and publicurination. This is a violation of ORS 471.315(1 )(c). The problems include the following:On February 4, 2007 between about 1:35 AM and 1:45 AM, a Portland Police Bureau(PPB) officer responded to the premises to investigate an assault. A male patron triedto reach into a female patron's pants pocket while inside the licensed premises. Thefemale patron pulled away and pushed him back. The male patron grabbed her ponytailand pulled her head down. Security staff evicted the female patron and told officers,who had earlier been dispatched to the premises regarding a fight and a womanscreaming in the area, that there were no problems at the premises.On February 25, 2007 at about 2:18 AM, a PPB officer in the parking lot across thestreet from the licensed premises saw and heard a male and female shouting at eachother. The patrons had been inside the licensed premises. The patrons engaged in averbal altercation, and as they were leaving, the male slapped the female's face twice,causing scratching and bleeding to her nose and pain to her face and head. The malepatron was kicked in the stomach by the female. The female was placed in policecustody due to an outstanding warrant.On March 12, 2007 at about 2:56 PM, PPB received information that a patron was inpossession of stolen items and was trying to sell them at the licensed premises. WhenPPB officers arrived to the premises, they observed a patron leaving the premises whowas under the influence of a controlled substance and became aggressive towards


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LV'S SPORTS BAR RESTAURANT & LOUNGE (F-COM)January 7, 2009Page 2police. Police observed tissue in the patron's hand fall the ground as they took thepatron into custody. The tissue contained crack cocaine. The patron was trespassedfrom the business and charged with Unlawful Possession of Cocaine and Tamperingwith Evidence.On April 20, 2007 at about 1:53 AM, a PPB officer responded to the premises on areport of vandalism. An intoxicated patron became angry after security staff personnelevicted him from the licensed premises and refused him reentry. The patron threw asoftball-sized piece of concrete through the front window of the licensed premises,causing the glass to break.On April 22, 2007 at about 1:55 PM, PPB officers responded to a report of vandalism atthe licensed premises. An employee of the licensed premises told officers that betweenabout 12:35 PM to about 12:45 PM, a window of her car had been broken in the parkinglot of the licensed premises.On May 24,2007 at about 2:10 AM, PPB officers responded to the premises regardinga fight. Security staff personnel reported that a physical fight occurred inside thelicensed premises. Some employees were not cooperative or willing to answerquestions. Two sisters engaged in a physical fight with two other female patrons andthrew a glass at them. The fight then moved outside to the parking lot for a short time,more patrons got involved and the fight moved back inside the licensed premises.Inside the premises, patrons knocked over furniture and broke glasses. All patronsinvolved in the fight were evicted. One patron received a deep cut to his hand. One ofthe female patrons had small cuts on her hand and blood on her clothes.On June 8, 2007 at about 1:21 AM, PPB officers observed multiple patrons running fromthe licensed premises. Three to four females were yelling, screaming and causing adisturbance in the middle of the parking lot. One of the females was yelling becauseshe had been pepper-sprayed inside the licensed premises by another patron. Securitystaff personnel refused her reentry, which angered her further. A few minutes later,PPB officers heard the OJ announce that the club was closing and "to leave guns andpepper spray at home next time." A PPB officer noted that earlier in the evening duringa bar check he observed that the metal detector went off and a patron was not checkedfor weapons. The officer noted that this has occurred multiple times during walk-throughs of the premises.On July 8, 2007 at about 2:00 AM, a PPB officer responded to a report of a fight in theparking lot of the licensed premises. An intoxicated female patron who had been


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LV'S SPORTS BAR RESTAURANT & LOUNGE (F-COM)January 7, 2009Page 3drinking at the premises was yelling and screaming while walking in the middle of theroad. The patron was taken to a detoxification facility (detox).On July 12, 2007 between about 9:00 PM and 12:00 AM, a female patron reported to aPPB officer that her purse was stolen from inside the licensed premises. She said thepurse was stolen from the top of the bar when a physical fight broke out inside thelicensed premises.On October 6, 2007 at about 2:03 AM, a PPB officer responded to the premisesregarding a report of vandalism. An employee reported that a male jumped on the roofof his car and severely dented the roof. Damage was estimated at approximately$2,000.00.On October 8, 2007 at about 2:25 AM, a PPB officer responded to a report of a fight atthe licensed premises between a male and female patron. Security staff personnelevicted the female patron. Once outside, the male patron entered the female patron'scar, which was parked in the premises parking lot, and took her purse. The femalepatron was pushed and hit on the right side of her jaw and shoved on the right side ofher shoulder, causing her pain.On November 17, 2007 at about 2:14 AM, PPB officers responded to a report of arobbery that occurred in the parking lot of the licensed premises. Two patrons, one ofwhom was intoxicated, left the premises. Once outside, the patrons were hassled by agroup of patrons. The patrons got into a verbal altercation and a gun was pulled. Onepatron ran back into the club, leaving the intoxicated patron in the car with the carrunning and the door open. Security kept the other patron inside the premises. Theperson in the car was kidnapped, assaulted and then dumped. When he wasrecovered, he had missing and damaged teeth and multiple lacerations as a result ofthe assault. The patron was transported to the hospital for treatment. When PPBofficers tried to contact employees at the premises in order to review video footage, thedoors to the premises were locked and officers received no response after knocking onthe door.On March 23, 2008 at about 1:44 AM, PPB officers responded to the premises on acomplaint of shots fired. Security staff personnel informed the officers that there was afight inside the licensed premises. One patron threw a chair and another patron waspunched. A patron went outside and then came back with a gun through a doorintended for exit only. The patron chased four people out of the premises and shot sixrounds at them.


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LV'S SPORTS BAR RESTAURANT & LOUNGE (F-COM)January 7, 2009Page 4On April 2, 2008 at about 10:08 PM, PPB officers in the immediate vicinity of thelicensed premises contacted a patron regarding reported drug activity. The patron, whohad been drinking at the licensed premises, was found in possession of a crack pipeand a stolen vehicle.On April 12, 2008 at about 4:00 PM, a known drug dealer told a PPB officer that drugsare readily available at the licensed premises.On April 17, 2008 at about 6 :32 PM, PPB officers arrested a male patron who wasleaving the licensed premises for possession of cocaine.On May 5, 2008 at about 7:58 PM, PPB officers responded to the licensed premisesregarding a report of suspected drug activity in the parking lot. Officers smelledmarijuana coming from a vehicle in the parking lot.On May 25, 2008 at about 1:27 AM, PPB officers responded to the licensed premisesregarding a fight between two female patrons. One of the patrons was pushed and thenpunched in the face inside the licensed premises. She fell to the floor and was kicked.She received a cut by her right ear, two abrasions on the right side of the forehead andbruising and red marks around her right eye.On June 4, 2008 at about 1:20 AM, PPB officers responded to the licensed premisesregarding a report of vandalism to a vehicle in the premises parking lot. PPBdetermined that the car was vandalized when someone kicked it. The car had threedents on the driver side front quarter panel which had partial shoe prints in the dent.On June 6,2008 at about 6:42 PM, PPB officers observed a passenger exit a vehicle inthe parking lot of the licensed premises and then enter the licensed premises for a fewminutes. Police searched the vehicle and found a crack pipe and cocaine. Thepassenger told a PPB officer that he went in to the licensed premises to get his cellphone.On June 7, 2008 at about 2:00 AM, a PPB officer responded to a complaint of a theftand assault that occurred at the licensed premises. A male patron took a $100.00 billfrom a female patron inside the premises and then went outside. The female followedhim outside to retrieve the money. The male grabbed the female patron by the throatand strangled her, at which point she fell on the ground and he kicked her on the rightside approximately three times and then left. She had pain and light bruising on herright side.


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LV'S SPORTS BAR RESTAURANT & LOUNGE (F-COM)January 7, 2009Page 5On June 12, 2008 at about 9:57 PM, an employee called police to report that patrons,who were possible gang members, were loitering in the parking lot. A PPB officerreported that upon arrival to the licensed premises, he did not note any gang activity butdid observe several known crack cocaine users who frequented the licensed premisesstanding in the parking lot.On June 13, 2008 at about 9:30 PM, PPB officers responded to a report of an assaultinside the licensed premises. A female patron started making threats to another femalepatron and then threw a glass, which broke and the glass shards hit another patron.The victim, who was spit on and hit on the back of the head, tried to call 911 in theparking lot but the other patron kept attacking her.On June 27, 2008 at about 1:45 AM, PPB officers responded to the licensed premisesbecause of a reported assault. A female patron told police that she was assaulted inthe licensed premises by her ex-boyfriend, who was very intoxicated. Security staffpersonnel attempted to remove the intoxicated patron from the licensed premises afterhe threw a lit cigar at the female patron but the intoxicated patron slipped out of thesecurity staff member's grasp and pushed the female patron.On July 7, 2008 at about 7:50 PM, PPB officers responded to a report of a fight in theparking lot of the licensed premises. The caller said that four patrons were involved andthat he could see and hear a female patron getting hit. The caller reported that the fightbroke up when he started hearing sirens. A PPB officer noted that upon arrival to thelicensed premises, several known drug users were standing in the parking lot. Anemployee told a PPB officer that "nothing was going on."On July 30, 2008 at about 9:30 PM, PPB officers responded to a report of maliciousmischief at the licensed premises. A female patron's car was damaged during analtercation that occurred in the parking lot of the licensed premises.On July 31, 2008 at about 1:54 AM, a female patron reported to a PPB officer that agroup of several females attempted to assault another female patron inside the licensedpremises. The victim left the location and went to another bar in the area, where a fighttook place.On August 12, 2008 at about 1:10AM, a female patron told a PPB officer that she wasattacked inside the licensed premises by three to four females. The patron was hit frombehind and had minor swelling on the right side of her face and swelling on the upperleft corner of her lip.


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LV'S SPORTS BAR RESTAURANT & LOUNGE (F-COM)January 7, 2009Page 6On October 4, 2008 at about 1:41 AM, PPB officers responded to a large crowd outsidethe premises. Calls to police stated that 75 people were involved with throwing beerbottles and possible gun involvement. Police described the scene as "nothing short ofchaotic" and 20 police units responded. PPB tried to break up two patrons who werephysically fighting but an officer was struck in the face. Patrons had to be tased intocustody. One officer sustained a sprained thumb and a skinned knee. Police learnedthat the fight started as a verbal argument inside the licensed premises and the licenseeevicted the involved parties.Willingness and AbilityThere have been at least 29 documented incidents at the licensed premises in 20months. Incidents have included physical altercations involving fighting, kicking,punching, slapping, guns and shots fired, pepper spray, throwing objects and verbalassaults. These incidents have occurred inside the licensed premises, in areas thatlicensee controls outside the premises, and in the immediate vicinity of the licensedpremises. Patrons, premises staff, and police officers have sustained injuries as aresult of these incidents, and some incidents have resulted in damage to property,including damage to doors, chairs, and windows, as well as numerous incidents ofvandalism to vehicles parked in the parking lot of the licensed premises. In addition,there have been instances of public drunkenness and drug possession in the immediatevicinity of the licensed premises.The licensee has been warned about the disturbances on several occasions. OnAugust 3, 2005, licensee submitted a control plan to the Commission during anintervention meeting regarding a history of serious and persistent problems at thepremises. Licensee agreed as part of the control plan to install lighting on the sides ofthe building, obtain DPSST certification for security staff, install video surveillance andpost video surveillance signs, and post house rules.Problems resumed in February 2007 and have persisted to the present. Verbalinstructions were issued by Public Safety Program staff on April 3, 2007; May 22,2007;June 6, 2007; July 6, 2007; July 20, 2007; and February 27, 2008 for unlawful drugactivity, knowingly making alcohol available to visibly intoxicated persons, permittingdisorderly activity and permitting unlawful activity by allowing private security personnelto provide private security services without being certified to do so. On October 15,2008, Licensee was issued a Notice of Proposed License Suspension/Civil Penalty forpermitting unlawful activity by allowing private security personnel to provide privatesecurity services without being certified to do so.


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LV'S SPORTS BAR RESTAURANT & LOUNGE (F-COM)January 7, 2009Page 7Numerous incidents occurring between February 2007 and October 2008 have involvedvisibly intoxicated patrons and have occurred after 12:00 AM. Security staff memberswait too long after an incident occurs to call police, if at all, despite directions from policeto call sooner. Staff do not convey the severity of the incidents, including gun threats,asserting that they can handle the incidents themselves. PPB officers have reportedthat security staff are not cooperative during the investigations of incidents occurring atthe licensed premises.Security staff were to be DPSST certified as part of the 2005 control plan and tobecome compliant with the law, but a Notice of Violation issued on October 15, 2008regarding uncertified staff shows that this portion of the plan has not been followed.This leads to escalated situations which put patrons, premises staff and police at anincreased risk of harm. On August 15, 2008, Licensee told OlCC staff that he haspositioned a temporary fence around the parking lot in order to control the entry and exitof patrons in the parking lot, but problems have continued.Despite Public Safety Program staff's and local law enforcement's efforts to intervene,problems continue to occur. As a result, Licensee has not demonstrated willingness orability to maintain adequate control of the premises.DETERMINING THE PENALTYOAR 845-006-0500 defines the violation as a Category I violation and recommendslicense cancellation for the first violation of this type within two years. This is your first.PROPOSED PENALTYThe Public Safety Program recommends that the Commission cancel Licensee's FullOn-Premises Sales license for the violation listed above.If a licensee's interest in the license should expire or be transferred before theCommission issues a final order, the Public Safety Program recommends that under theauthority of ORS 471.030, 471.040, 471.313, and 471.730, the Commission issue thelicensee a letter of Reprimand. This reprimand will become a permanent part of thelicensee's Commission file and would be considered in any future application for a liquorlicense by the licensee.RESPONSIBILITY FOR VIOLATIONSLicensees are responsible for the acts and omissions of their employees andrepresentatives in violation of any law affecting its license privileges (OAR 845-006-


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LV'S SPORTS BAR RESTAURANT & LOUNGE (F-COM)January 7, 2009Page 80362).HEARINGS RIGHTSYou have the right to a hearing to dispute the charge or the proposed cancellation. Ifyou want a hearing, please sign and date the enclosed form and return it to the addresslisted on the form by January 27.2009. Individuals have a right to be represented by anattorney.Hearings are conducted by the Office of Administrative Hearings under the jurisdictionof the Oregon Liquor Control Commission, according to the Administrative ProceduresAct (ORS Chapter 183), Attorney General's Rules for the Office of AdministrativeHearings (OAR Chapter 137) and Commission Administrative Rules (OAR Chapter 845Division 03).If you do not request a hearing, or if you request a hearing and then withdraw yourrequest, a final order by default will be issued by the Commission Administrator. If youfail to appear at a scheduled hearing, a final order by default will be issued by either theAdministrative Law Judge or the Commission Administrator, as authorized by OAR 845-003-0670.In each of these instances, the Commission designates 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 LIQUOR CONTROL COMMISSION

Stephen A. PharoExecutive DirectorSAP:KKREnc.If you have any questions, call 503-872-5128 or 800-452-6522, x5128.

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