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HomeMy WebLinkAbout2014-1118 Documents Submitted at the Mtg 5~^~~ ..-r}c~ VV 1,F • 1L\ I'm representing Pam and Don Hammond, co-owners of Paddington Station and the Paddington Jewelbox, both on Main Street in Downtown Ashland. We are now into the second week of the new bag ordinance. First of all we are happy to see plastic bags banned. Thank you. We stopped using those years ago, in addition to switching to recycled paper bags. We made a phone call to one of the largest gift stores in Eugene, and they reported that were being hit hard by shoplifters, who are taking advantage of their bag ordinance to steal merchandise. They have had issues with customers shopping into their own bags brought from home and leaving without paying. In addition, customers are walking out the door with unbagged goods in hand which have not been paid for. Theft is always a concern and this ordinance makes it easier than ever to shoplift. We started this past weekend giving a dime to each of our customers who needed a bag and were uncomfortable with the ordinance. Explaining the ordinance has added time to each transaction. Many of our customers are fine with the fee, but many have argued that it is for grocery stores only, or for stores with 50 or more employees, or are just plain angry about it. On Sunday at the Jewel Box, we lost a large sale because the customer was upset about the bag charge and left in a huff before we could offer to pay the dime. There was another incident at Paddington Station on Saturday when a man had several new books and calendars in his hand, and when questioned about paying for them said they had been purchased at a neighboring shop. We carry the same merchandise, so it made for an uncomfortable moment. We have also heard, "I just bought something at some other store, and they didn't charge a dime." If you have no intention of enforcing the ordinance, or if it is inherently unenforceable, then it needs to be reexamined. Going into our busiest time of the year, we are considering just paying the dime charge for each of our guest's bags, to keep peace and to streamline sales, but most importantly to keep the shopping experience positive. Please consider dropping the dime charge for bags and allow retailers to give bags judiciously to customers that need them. It will allow us to better control what leaves our building, improve customer relations and streamline our checkout procedures. Sincerely, Pam Hammond Co-owner Paddington Station and The Paddington Jewel Box ~l l.~q t j C- U~G~. Wn j~1t1 11• l~• ly PADDINGTON STATIO ML La ASHLAND'S ECLECTIC EMPORIUM We would like to express our concern about the continued problems experienced on weekends in the 100 block of Will Dodge Way. This past week there was a fire in our trash dumpster area. It would seem to have been either deliberately set or the result of a carelessly tossed cigarette butt. Several good Samaritans were observed pulling a burning box from the enclosure and dousing it. The incident was relayed to us by two local residents via email, which you will find attached. Police were called but were unable to respond as they were otherwise occupied. The fire did capture the interest of the officer who visited the following Monday, upon our request, as well as a representative of the Fire Department who came by later to view the site. Please assure that there are sufficient police personnel available to cover this area, especially on weekends. It is well known that there is trouble of some sort virtually every weekend. Police representatives have stopped in on numerous occasions to view footage from our outdoor camera to help shed light on some weekend "incident". Our primary concern is for the safety of anyone, visitor or resident, who uses the alley, regardless of the time of day. Sincerely, A Pam and DotHamond Co-owners, Paddington Station and the Paddington Jewel Box 125 East Main Street • Ashland, OR • (541) 482-1343 • Toll Free (866) 377-2777 • Fax (541) 488-2842 • info(a)paddingtoiistationashland.com ~ f • 2010 fners Guide Peace c 7ac+ 4 7z ~ 17UIC)P-~ Promoting the public interest through the responsible sale and service of alcoholic beverages C) Q'S ~ubl~ tcan5 ~Za~v , ?eaces , - "ccrs _ 2010 Peace Officers Guide WRITING YOUR REPORTS The information you obtain for us is very important. We use your reports to help us make administrative decisions regarding liquor- related activities. Included are some suggestions to help you gather the most useful information, followed by explanations of the statutes and administrative rules. In your report, please: • Identify and interview all available witnesses, if possible. • Record their statement or direct quotes. • Evaluate credibility when there are conflicting statements from witnesses. • Evaluate facts that prove or disprove each of the elements of the violation you are investigating. Specific statements, such as "I observed two patrons, who were stumbling as they walked and slurring their speech, being served fresh beers by Jane Doe," greatly enhance OLCC's ability to process additional administrative violations. 6 VISIBLY INTOXICATED PERSONS (VIPS) Visibly Intoxicated Persons Class A Misdemeanor ORS 471.410(1) No one may sell, give or make available any alcoholic liquor to anyone who is visibly intoxicated. Elements • A patron displays visible intoxication by speech, behaviors or other indicators. • The server or seller observes, or can be presumed to have observed, the patron's signs of intoxication before or at the time of service. • A server or seller gives, sells or otherwise makes alcoholic liquor available to the patron. Signs of Visible Intoxication For the purpose of the Liquor Control Act, the Oregon Court of Appeals stated that visible intoxication is not a technical term requiring expert testimony to explain or define. A general guideline is when any prudent, rational person would believe that a person is visibly intoxicated. However, in court, you need to substantiate the case on many points from several sources to prove visible intoxication. 33 As a general guideline, a person is visibly intoxicated whose physical or mental control is diminished by alcohol or a drug to the point where such diminished control can be seen or observed. Signs of Visible Intoxication Speech - slurred Eyes - watery, bloodshot, out of focus Walk - unstable Hangs on to other people or objects Staggering, swaying or stumbling Conduct - loud, boisterous or very quiet Tries to pick fights Swears Is belligerent Falls asleep Coordination - poor Spills drinks Unable to strike a match or light a cigarette Cannot keep track of money Bumping into things Obvious odor of alcohol on the person 34 50 SIGNS OF VISIBLE INTOXICATION Serving alcohol to a visibly intoxicated person (VIP) is against the law. If you can « tell on sight that a person has been drinking or using other drugs, the person is visibly intoxicated. Servers are not expected to know a customer's blood alcohol content (BAC) as determined by a blood, breath, or urine test, but they are required to recognize visible intoxication. Here are some common signs of visible intoxication. These are not all of the possible signs. If a person shows just one or two of these signs that does not necessarily mean the person is intoxicated. But if a person shows a combination of several signs, or has a sudden change in behavior, that could be a strong indication that the person is intoxicated. Remember that intoxication can result from the use of drugs other than alcohol. If you're not sure, don't serve. Appearance Behavior (cont.) 1. Bloodshot, glassy, or watery eyes 25. Careless with money 2. Flushed face 26. Difficulty making change 3. Droopy eyelids 27. Restless 4. Blank stare or dazed look 28. Depressed or sullen 5. Twitching or body tremors 29. Crying or moody 6. Disheveled clothing 30. Extreme or sudden change in behavior Speech 31. Overly animated or entertaining 7. Thick, slurred speech 32. Crude, inappropriate speech or 8. Loud, noisy speech gestures 9. Speaking loudly, then quietly 33. Drowsiness or falling asleep 10. Rambling train of thought 34. Lack of focus and eye contact 11. Unusually fast or slow talking 35. Difficulty standing up 12. Slow response to questions or 36. Unusual walk comments 37. Can't find mouth with glass 13. Repetitive statements 38. Falling down or falling off of chair 14. Bravado, boasting 39. Difficulty lighting cigarettes 15. Making irrational statements 40. Lighting more than one cigarette 41. Clumsy Attitude 42. Difficulty remembering 16. Annoying other guests and 43. Spilling drinks employees 44. Disoriented 17. Argumentative 45. Agitated, anxious 18. Aggressive or belligerent 46. Grinding teeth 19. Obnoxious or mean 47. Vomiting 20. Inappropriate sexual advances 21. Overly friendly to other guests or Other employees 48. Odor of alcohol, marijuana or 22. Boisterous chemicals 49. Excessive perspiration Behavior 50. Repeated trips to rest room or 23. Swaying, staggering, or stumbling outside area 24. Unable to sit straight Rev. 06-12 Oregon Liquor Control Commission 9079 SE McLoughlin Blvd . Portland, OR 97222-7355 Phone (503) 872-5070 . Fax (503) 872-5266 . Toll free (800) 452-6522 www.oregon.gov/olcc Promoting Responsible Alcohol Sales and Service Allowing Visibly Intoxicated Person to Consume Alcohol Misdemeanor ORS 471.412(1) No licensee or permittee shall knowingly allow a person to consume or continue to consume alcoholic beverages on the premises after observing the person is visibly intoxicated. Elements • A person displays visible intoxication by speech, behaviors or other indicators that would be evident to a reasonable person. • A server observes that the person is visibly intoxicated. • Server makes no physical attempt or verbal request to remove the drink. • The visibly intoxicated person consumes an alcoholic drink. Per ORS 471.412 (2), a server or seller is not in violation of this statute if they make a good faith effort to remove alcohol from an intoxicated person's possession, even if they are unsuccessful in removing the alcohol. Good Faith Effort defined OAR 845-006-0345 (9)(a)(A) "Good faith effort" means placing a hand on the drink and trying to remove it; or (B) Making a verbal request for the drink, if the server has reason to believe that touching the patron's drink could cause a disturbance. 35 Liquor on a Licensed Premises Administrative Violation OAR 845-006-0345 (6) No licensee will have or permit any alcoholic liquor on the licensed premises that the license does not allow him/ her to sell or serve. NOTE: The most common violation under this rule is distilled spirits, such as whiskey, in a tavern licensed only to sell beer and wine. Licensee's Responsibility for Conduct of Others Administrative Violation OAR 845-006-0362 Each licensee may be held responsible for violation of any liquor law affecting the license privileges and for any act of any employee or representative in violation of any law affecting the license privileges. NOTE: Because of this administrative rule, it is important that you send reports of violations involving employees of licensees to the OLM Noisy or Disorderly Activities Administrative Violation OAR 845-006-0347 (2)(a) No licensee or permittee will permit noisy or disorderly activities on the licensed premises or in areas the licensee controls that are adjacent to or outside the premises. 43 Definitions Disorderly activities: Activities that harass, threaten or physically harm another person. Noisy activities: Activities that a reasonable person would conclude interfere with normal living or business activities. Elements • Activity that threatens, causes physical harm to another, or is noisy occurs. • The activity occurs on the licensed premises or in an area under the licensee's control. • A licensee/employee knows about the activity. • Licensee/employee fails to take reasonable corrective action to stop the activity, or prevent its occurrence or recurrence. Address these questions: • What kind of activity was involved? • When and where did the activity occur? • Who and how many people were involved? • Who was in charge of the premises? 44 • What opportunity did an employee have to observe or know of the activity or behaviors leading to the activity? • Where were each of the employees when the activity occurred? • How long did the activity go on? • What action did the licensee or employee take, or fail to take, to correct the problem? • Who witnessed the activity? • List all witnesses, addresses and what they witnessed. • Analyze the problem as it occurred over time (e.g., same person causing disorder repeatedly, etc.) • Get licensee to hear the noise, if possible. • Make your own determination of the noise level whenever possible. How does it interfere with the person being affected (can't sleep, hear TV, etc.) • Note what reasonable steps (if any) that employees on the premises took to prevent or correct the activity. • Does the local government have a noise ordinance? If so, was a citation issued for violating this ordinance? 45 History of Serious and Persistent Problems Administrative Violation ORS 471.315 (1)(c) The OLCC may cancel or suspend a license or impose a civil penalty in lieu of or in addition to suspension if it finds or has reasonable ground to believe there is a history of serious and persistent problems involving disturbances, unlawful activities or noise either in the premises or involving patrons of the establishment in the immediate vicinity of the premises if the activities in the immediate vicinity of the premises are related to the sale or service of alcohol under the exercise of the license privilege. Behavior which is grounds for cancellation or suspension includes, but is not limited to, obtrusive or excessive noise, music or sound vibrations, public drunkenness, fights, altercations, harassment or unlawful drug sales, alcohol or related litter, trespassing on private property, and public urination. Elements • There is a history of problems (multiple incidents occurring over time). • The problems are serious (interfere with normal living or business activities, harm or threaten harm to people living and working in the vicinity of the premises). • Problems are inside the premises or involve patrons in the immediate vicinity of the premises if the activities are related to the sale or service of alcohol under the exercise of the license privilege. 49 2010 Peace Officers Guide For licensed premises, address these questions: • What specific behavior is present (unlawful activities, fighting, etc.)? • What is the effect of this behavior on persons around the premises? • What injuries were sustained? • When did the behavior occur? (Specific times, dates and places are preferable.) • For outside problems, who is creating the problem behavior? Are there facts or inferences available to identify them as patrons? • How is the behavior connected to the sale and service of alcohol? • If the business is not operating as a bar or tavern when the behavior occurs, are the patrons there for the purpose of obtaining alcohol? • What steps has the licensee taken, or does the licensee plan to take, to correct the problem? • What are other possible sources of the problem? • Have other licensees in the area been successful at controlling problems? 50 2010 Peace Officers Guide • Have there been successful or failed attempts at neighborhood mediation? • How many contacts by police or neighborhood groups have been made? Check law enforcement records to see if other problems have been documented. Document all calls for service to premises (even if only an information report). Include employees' and patrons' names, addresses, etc., and any other relevant information. The better the detail, the better the report. If you have any questions about the facts that the Commission can consider, call OLCC. Forward all reports to OLCC. 51 WILL DODGE WAY http://www. characterofthearea.com WILL DODGE WAY NEIGHBORHOOD #1 RESIDENTS @153 & 157 WDW, LITHIA BUILDING LIVING ACROSS FROM NOISY VINYL CLUB AND_O'RYAN'S CLUB CLUBS ON THE LEFT. #2 LOOKING EAST TOWARD 1 ST STREET WITH LITHIA BUILDING ON LEFT & PROPOSED RESIDENTIAL DEVELOPMENT IN HARRISON BLDG ON THE RIGHT. #3 LITHIA BLDG, IRVINE PROPOSED MIXED USE DEVELOPMENT JASMINE BUILDING AND NEWLY BUILT PLAZA WEST ACROSS THE STREET. m ,.',n ■ k : t14 r .g wow A { 1 :+f 1 ,F. „'bye s ~'±r 40- v. & "y w r M11 919 film X I it u. Sn A 3 ' a,'g Vie. Es t ti- a pre. t,- WILL DODGE WAY ORYAN'S IRISH PUB (TOP LEFT) VINYL CLUB (BELOW DECK) WILL DODGE WAY 3:00 AM VINYL CLUB & O'RYANS PUB CLOSED, BUT CROWDS REMAIN Irv- Now `r TYPICAL RECENT WEEKEND CROWD a, Xz, 7-5 RESIDENTIAL FRONT PORCH 10 FEET ACROSS FROM VINYL CLUB ENTRANCE PRIVATE PROPERTY WHERE OVER FLOW CLUB PATRONS GATHER TO TALK & SMOKE WITH A RECENT CONFRONTATION AND ARREST OF INTOXICATED PERSON BY ASHLAND POLICE 4 ~ I I 1 t I~ fr t 1 1 ~I • ! 1"~ j M ~ Jum WILL DODGE WAY CROWDS GATHERING TO OBSERVE OVER SERVED YOUNG WOMAN JUST CARRIED OUT OF THE VINYL CLUB AT 12:41 AM 12:43 AM INTOXICATED CLUB PATRON LEFT ALONE ON THE ASPHALT s" ,01 f a Ell! sue. , I ~ 05/10/2014 00:43:59 d f - ter,... r j l 'TIP i J4 r .7 s • ~ 11\ t~ ,~y ~s~ - df YY II'' } yi 5x b^ „ x 1I F¢ aya.,' " rya„ t'. THE "RIDE HOME" DOES THIS SHOCK YOU? AN INTOXICATED VINYL CLUB PATRON, CARRIED OUT, LEFT ON THE ASPHALT AND THEN CARRIED AWAY. YES, THIS IS THE CHARACTER OF THE AREA, SO CALLED "COMMON" DANCE CLUB ACTIVITY. a s.~ t r i Yw, THE MORNING AFTER JUST LAST WEEK. UNSANITARY AND UGLY, VOMIT AND CIGARETTE BUTTS, LEFT FOR PITA PIT OWNERS TO CLEAN. AT LEAST, NO BROKEN WINDOWS LAST NIGHT.