March 17, 2009 McMenamin’s, Inc. Michael McMenamin, President/Director/Stockholder Brian McMenamin, Vice President/Secretary/Director/Stockholder 430 N Killingsworth Portland, OR 97217 dba’ CRYSTAL BALLROOM & BREWERY (F-COMIBP) 1332 W Burnside Portland, OR 97205 CERTIFIED MAIL AMENDED NOTICE OF PROPOSED LICENSE CANCELLATION, REMOVAL FROM THE RESPONSIBLE VENDOR PROGRAM AND PROPOSED REFUSAL TO RENEW LICENSE This notice amends and supersedes the Notice of Proposed License Cancellation dated December 15, 2008. Substantive changes from that letter appear underlined after the (). (*)L_ LICENSE CANCELLATION Pursuant to ORS 471.315, the Commission may cancel or suspend your license or assess a civil penalty for any violation. The Public Safety Program proposes that the Commission (*)remove you from the Responsible Vendor Pragram and cancel your license for the following (*)violations (*)Violation Number One There is a history of serious and persistent problems involving disturbances, lewd or unlawful activities or noise either in the premises or involving patrons of the establishment in the immediate vicinity of the premises, including but not limited to excessive noise, public drunkenness, fights, altercations, harassment and public urination. This is a violation of ORS 471.315(1)(c). The problems include the following: On August 17, 2007 at about 12:06 AM, Portland Police Bureau (PPB) officers were dispatched to the licensed premises regarding a verbal and physical altercation inside the premises. One male patron head-butted another patron and they wrestled with each other. Security staff evicted the patrons. Outside, one of the patrons pushed the other to the ground. The patron got up and again head-butted the ather patron. One ofCRYSTAL BALLROOM & BREWERY (F-COMIBP) March 17, 2009 Page 2 the patrons suffered a one inch laceration to his right cheek, which required six to seven stitches. The other patron, who was a minor, had bruising above his right eye and had blood in his left ear canal. He was taken into custody and charged with Assault IV and using another person's license On August 25, 2007 at about 12:00 AM, a complaint was made by a patron who stated that there was a patron inside the premises trying to help an intoxicated female patron who was vorniting, but was pushed and evicted from the premises by security staff. The security staff member told a PPB officer that he tried to escort the intoxicated female patron out of the bar and was pushed by the male patron, whom the security staff member then evicted On September 15, 2007 at about 1:20 AM, premises security staff called PPB regarding a fight taking place at the premises. PPB officers learned that three patrons tied to fight with another patron on the dance floor inside the premises. One patron received a cut on his lip and a blaody nose, then fled the premises but was apprehended by a PPB officer On September 28, 2007 at about 1:24 AM, a PPB officer responded to the premises for a reported assault, Three security staff members had escorted a patron out of the premises. While outside, the patron resisted and slapped at a security staff member's hand then pushed the staff member in the chest with both hands. The patron was pinned in a corner until PPB officers arrived On October 7, 2007 at about 12:57 AM, PPB officers responded to a reported assault at the licensed premises. A patron standing in front of the licensed premises was injured after being hit in the middle of the back with a basketball that was thrown from a moving vehicle. The patron reparted that the ball had been thrown with a lat of force and left a large red mark on her back On October 19, 2007 at about 11:25 PM, staff at the licensed premises asked PPB officers to conduct a walk-through of the premises due to a large crowd that caused the manager to be concemed. While conducting the walk-through, PPB officers saw smoke and smelled marijuana. It was clear to the officers that many patrons in the crowd were smoking marijuana. Two PPB officers were hit in the head with an object while inside the premises. Officers also noted that a large crowd was milling around the premises when the premises was closing, causing a traffic hazard On January 27, 2008 at about 11:20 PM, a PPB officer was flagged down by security to report that an intoxicated patron was yelling at the band that was playing. The patron was evicted from the premises but had reentered, The patron was being verballyCRYSTAL BALLROOM & BREWERY (F-COMIBP) March 17, 2009 Page 3 abusive to staff and made threats of assault. The patron was evicted again and restrained by officers because he was being combative. PPB officers transported the patron to a detoxification facility (detox) On February 16, 2008 at about 1:11 AM, PPB officers responded to the premises regarding a fight. An extremely intoxicated patron was belligerent towards patrons and security staff while inside the premises. As he was being escorted out of the premises by security staff, the patron broke away and pushed two security staff members, then last his footing and fell to the ground. When police arrived the patron was bleeding from the head, had several teeth knocked out and had sustained a broken jaw and a possible skull fracture On February 23, 2008 at about 10:54 PM, PPB officers responded to the premises regarding a fight. An intoxicated patron was evicted for causing a disturbance inside the premises. Outside the premises, the patron pushed a member of the security staff Another patron, who was also visibly intoxicated, punched a security staff member, causing pain to his face. The patrons ran down the street but were apprehended by PPB officers and security staff. One of the patrons was taken to detox and the other was arrested for Attempted Assault IV. On April 8, 2008 at about 9:30 PM, a verbal altercation that escalated into 2 physical altercation occurred during a concert inside the premises. A male patron threatened to Kill another male patron if he bumped into the patron’s daughter again. The male patron then grabbed a female patron by the neck and knocked her to the ground. The male patron punched the female patron three times in the face, causing scratches and red marks an her neck and a golf ball-sized red mark on her forehead that was starting to swell, The male patron was cited for Assault IV On April 26, 2008 at about 2:15 AM, PPB officers responded to the premises regarding a fight. An intoxicated female patron engaged in an altercation with another female patron inside the licensed premises. After exiting the premises, she was pushed to the ground and received a cut an her bottom lip. PPB officers noted that the female patron’s friends were also visibly intoxicated On May 12, 2008 at about 11:20 PM, a visibly intoxicated patron engaged in an altercation with security after being told he could not reenter the premises after stepping outside during a concert. The patron tried to circumvent security in order to reenter the premises and then refused to leave. The patron was grabbed by security but shoved the arms of one of the security staff members. The security staff member told PPB that the patron threw a closed-fist punch at him and struck him in the right shoulder. The patron was charged with Harassment