Santorini West 2nd Amended

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February 6, 2009Touch of Athens, Inc.Anthony Gianopoulos, President/StockholderDionysious Tzakis, Vice President/Director/Stockholderdba SANTORINI WEST (F-COM)11525 SW Barnes RoadPortland, OR 97225 CERTIFIED MAIL

SECOND AMENDED NOTICE OF PROPOSED LICENSE CANCELLATIONAND PROPOSED REFUSAL TO RENEW LICENSE

This notice amends and supersedes the Amended Notice of Proposed LicenseCancellation and Proposed Refusal to Renew License dated June 26, 2008. Substantivechanges from that letter appear underlined after the (*).I. LICENSE CANCELLATIONPursuant to ORS 471.315, the Commission may cancel or suspend your license or assessa civil penalty for any violation. The Public Safety Program proposes that the Commissioncancel your license for the following violations:

Violation Number OneThere is a history of serious and persistent problems involving disturbances, lewd orunlawful activities or noise either in the premises or involving patrons of the establishmentin the immediate vicinity of the premises, including but not limited to excessive noise, publicdrunkenness, fights, altercations, harassment and public urination. This a violation of ORS471.315(1 )(c). The problems include the following:On June 18, 2006 at about 3:00 AM, there was a verbal altercation between two femalepatrons, followed by a physical altercation. One female patron grabbed another femalepatron's hair, and then a physical altercation took place on the dance floor. At least one ofthe patrons was visibly intoxicated. One of the females was bitten on her hand and kickedin the head, and sustained bruises on her hands, arms and thighs.On November 18, 2006 at about 2:38 AM, BPD officers responded to a complaint of afemale patron assaulting another female patron in the premises bathroom. The patron hada swollen eye and scratches on her face and stated that employees were not beingcooperative with her.


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SANTORINI WEST (F-COM)February 6, 2009Page 2

On December 24,2006 at about 2:23 AM, a male patron called police after he had beenevicted from the premises. He reported that underage females were at the licensedpremises. The dispatcher who took the call noted that the male sounded intoxicated.On February 11, 2007 at about 2:17 AM, a female patron called police to report thatsecurity was attempting to evict approximately eight to ten male patrons who had beendrinking. The confrontation became physical while the caller was on the phone with police.On March 4,2007 at about 1:23 AM, a male patron approached a female patron inside thepremises and yelled at her. Another male patron, the female patron's fiance, engaged in aphysical altercation with him. One of the male patrons received a bleed ing 1-inch cut nearhis right eyebrow and a quarter-sized bump near his left temple while defending the femalepatron, who was slapped in the face. The male patron who initiated the confrontation wasarrested for Assault IV and Harassment.On March 31,2007 at about 2:12 AM, a patron called police to report that another patron,who was visibly intoxicated, was punched in the face inside the premises. BPD officerslocated the patron on the floor of the licensed premises bleeding from his face and head.The patron had sustained a cut to his face and the back of his head. Premises staff toldpolice that two groups of males, many of whom were visibly intoxicated, were fighting witheach other and that staff were unsuccessful in separating them.

On May 12, 2007 at about 2:00 AM, a physical altercation occurred between three differentgroups of patrons, totaling about 15 people. One female patron was bleeding from herhead after being punched and hit in the head with a beer bottle by a male patron followinga verbal altercation with another female patron. BPD officers arrived to find chaos in theparking lot and no premises staff outside trying to control the situation. Premises staffwere uncooperative with BPD officers. Multiple patrons were visibly intoxicated. Somepatrons told police that premises staff were allowing patrons to bring guns onto thepremises.On June 24,2007 at about 2:40 AM, a patron called police and reported that security staffwere detaining a patron who had a gun. The patron stated that he had been threatenedwith the gun in the bathroom of the premises. He also reported that the same person hadthreatened to shoot others.On July 8, 2007 at about 1:52 AM, an irate patron who stated he was intoxicated calledpolice claiming he was overserved and/or overcharged and that premises staff refused toget him a cab. The caller refused an offer from police to call a cab.


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SANTORINI WEST (F-COM)February 6, 2009Page 3On July 8,2007 at about 3:12 AM, a verbal argument occurred between patrons inside thelicensed premises. One of the patrons, who was visibly intoxicated, called police andreported that her car was broken into.On July 21, 2007 at about 5:54 AM, a BPD dispatcher received a call from a hospitalreporting that a patron was stabbed at the licensed premises and required emergencysurgery for a punctured intestine. The injured patron told BPD officers that a physicalaltercation occurred inside the licensed premises between his cousin and another malepatron around closing time. A large physical fight erupted and security staff forced all ofthe patrons into the parking lot. While driving away from the premises, the injured patronrealized he had been stabbed during the altercation.On July 31,2007 at about 12:13 AM, a visibly intoxicated minor patron entered the licensedpremises and admitted to drinking alcohol inside. After being told to leave, he instigated aphysical altercation in the parking lot and then was punched in the face by another malepatron. BPD officers arrested the second patron for a probation violation for being on thepremises and consuming alcohol.On August 12, 2007 at about 12:02 AM, a person called police to report that a male wasurinating in the parking lot of the licensed premises.On September 8,2007 at about 12:53 AM, a patron called police to report a physical fightat the premises. Approximately ten male patrons were involved in a physical altercationinside the premises and one male patron was bleeding from a cut above his eye. Thecaller also reported that a security staff member kicked a patron in the head whileattempting to evict the patrons.On September 22,2007 at about 2:42 AM, BPD received a call to respond to the licensedpremises on a report of gang activity and physical altercations involving approximately 150people occurring both inside and outside the licensed premises, including patrons standingon the tops of cars. When police responded, witnesses were not cooperative.On October 6, 2007 at about 3:06 AM, a female patron called police and reported thatanother female patron punched her in the face and a male patron reached under her skirt.On October 20,2007 at about 2:53 AM, the premises manager called police to report thatnumerous patrons were hanging out in the parking lot and asked police to respond to thepremises in order to make the patrons leave.


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SANTORINI WEST (F-COM)February 6, 2009Page 4On October 20, 2007 at about 2:56 AM, a person called BPD dispatch to report thatapproximately ten males who had been drinking were physically fighting in the parking lot.On October 30, 2007 at about 1:23 AM, a female patron called police to report that shewas attacked by five other female patrons inside the premises. She also reported that herpurse was stolen. The physical altercation started when she engaged in a pushing matchwith another female patron.On November 1,2007 at about 2:08 AM, Hillsboro Police Officers arrested a minorfemalefor driving under the influence of intoxicants. The female told officers she had lastconsumed alcohol at Santorini West. Her blood alcohol content was .16%On November 3,2007 at about 2:53 AM, premises staff called police to report a "big brawl"in the parking lot of the licensed premises and to request an ambulance. When BPDofficers responded, they encountered a physical fight between a large group of patrons,some of whom were self-described gang members. The fight ended when gunshots werefired. One visibly intoxicated male patron was beaten and kicked until he wasunconscious. Patrons continued to kick and stomp on the male patron despite security'sefforts to stop them. Another male patron was stabbed with a knife in the left hip andpoked in the eye, causing swelling of the eye, and a third male patron was hit in the headand received a small cut across the bridge of his nose, and his left cheekbone was bloodyand scratched. One of the male combatants, who was visibly intoxicated, was 17 yearsold. BPD officers located multiple bottles of liquor in the premises parking lot. Fourpatrons were arrested for several counts of Riot, Disorderly Conduct III, Providing FalseInformation to Police, and Assault III.On November 17, 2007 at about 1:34 AM, BPD officers responded to a call about aphysical altercation between several female patrons inside the premises. As officersarrived, they observed several female patrons yelling at security staff as the females werewalking away. One female patron was waving her shoe in the air and another femalepatron had her purse ripped off of her shoulder and stolen. Another female patron's handwas bleeding after she had fallen onto a piece of glass.On November 25, 2007 at about 1:29 AM, BPD officers found several open containers ofalcohol in the parking lot of the licensed premises, and observed a group of approximatelyten males passing a half-gallon bottle of vodka to each other. A visibly intoxicated maletried to hand it off to another male, and then dropped the bottle. As he was being placedinto custody he escaped and ran off. A BPD officer sustained a dislocated finger in thealtercation. The male patron was apprehended by BPD officers and charged with


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SANTORINI WEST (F-COM)February 6, 2009Page 5Resisting Arrest, Escape II I and Drinking in Public. There were numerous containers ofalcohol in the parking lot, along with vomit and broken glass.On December 16, 2007 at about 1:29 AM, a BPD officer found two males urinating in theparking lot of the premises. The male patrons were arrested for Indecent Exposure andone male was charged with Possession of Marijuana.Willingness and AbilityLicensee has not demonstrated willingness or ability to maintain adequate control of thepremises. There have been at least 23 documented incidents at the licensed premises in18 months. Incidents have included physical altercations involving fighting, kicking,punching, stabbing, shots fired and threats of guns, and verbal assaults. These incidentshave occurred inside the licensed premises, in areas that licensee controls outside thepremises, and in the immediate vicinity of the licensed premises.Patrons and police officers have sustained injuries ranging from bruises and cuts toconcussions, stab wounds and a punctured intestine as a result of these incidents, some ofwhich required hospitalization. Some incidents have resulted in damage to property. Inaddition, there have been instances of public drunkenness, open containers of alcoholicbeverages, broken glass, and public urination in the immediate vicinity of the licensedpremises.The licensee has been warned about the disturbances on several occasions. Verbalinstructions were issued by Public Safety Program staff on January 19, 2006, March 2,2006, February 9, 2007, March 20, 2007, May 18, 2007 and August 1, 2007 regardingvisibly intoxicated patrons, minors, disorder and permitting security staff to provide privatesecurity services without the required certification. The majority of incidents occurringbetween June 2006 and November 2007 have involved visibly intoxicated patrons. Despitethe high occurrence of overservice at the licensed premises, the licensee has not madeany efforts to reduce the amount of alcohol provided to patrons.Licensee relies on police to control crowds and deal with issues that arise in the parking lotof the premises. Security staff are unable to control the crowds that accumulate in theparking lot of the premises and, on occasion, security staff have responded with more forcethan is necessary to control the situation. On at least one occasion security staff havebeen uncooperative with police officers.On November 14, 2007, BPD officers met with the licensee to discuss the problems at thepremises. On November 21 and November 28,2007, OlCC Public Safety Program staff


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SANTORINI WEST (F-COM)February 6, 2009Page 6and BPD officers held intervention meetings with the licensee to discuss ways to controldisorderly and unlawful activity at the premises. Despite these meetings, incidentscontinued to occur. The premises manager provided staff with a compliance plan but hasnot made efforts to update it based on suggestions made by OlCC staff and BPD officers.Licensee provided OlCC staff with only a portion of the incident log entries requested, andthe incident log entries that were provided did not reflect the problems that occurred at thepremises.Violation Number TwoOn or about January 31, 2008, February 8, 2008, April 10, 2008, and April 11, 2008,checks were issued by Touch of Athens, Inc. to a wholesale licensee to pay for alcoholicbeverage products. The checks were returned for non-sufficient funds. This is a violationof OAR 845-006-0365(1).(*) Violation Number ThreeFrom July 24,2007 until March 27, 2008 and from December 29,2008 until January 12,2009, you failed to maintain liquor liability insurance or a bond with a corporate surety inthe amount of not less than $300,000.00 for Santorini West. This is a violation of OAR845-005-0400(1 ).(*) Violation Number FourOn January 9, 2009, your employee Helen Tzakis made a false representation orstatement to the Oregon Liquor Control Commission in order to prevent action by theCommission when she misrepresented that the licensee had valid liquor liability insurance.This is a violation of ORS 471.425(1 ).DETERMINING THE PENAL TVOAR 845-006-0500 defines Violation Number One as a Category I violation andrecommends cancellation for the first violation of this type within two years. This is yourfirst.OAR 845-006-0500 defines Violation Number Two as a Category V violation andrecommends a three-day suspension or $495.00 civil penalty for the first violation of thistype within two years. This is your first.


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SANTORINI WEST (F-COM)February 6, 2009Page 8violations which demonstrate that the applicant does not have a good record ofcompliance:Adjudicated ViolationsViolation Number OneOn the dates indicated below, Licensee permitted the indicated employees to sell, mix, orserve alcoholic beverages, or manage those who do, without valid service permits issuedby the Commission. This is a violation of ORS 471.360(1 )(b). (Fine paid March 26, 2007)

Larbi BenmoussaDionysious "Denny" Tzakis

From December 1,2003 to March 2, 2006From September 9,2003 to March 2, 2006

Violation Number TwoFrom about January 19, 2007 to about April 21,2007, Licensee permitted Dezra Reszel tosell, mix, or serve alcoholic beverages, or supervise those who do, without a valid servicepermit issued by the Commission. This is a violation of ORS 471.360(1 )(b). (Fine paidAugust 30, 2007 and two-day suspension served from September 1,2007 to September 3,2007)Pending ViolationsViolation Number OneThere is a history of serious and persistent problems involving disturbances, lewd orunlawful activities or noise either in the premises or involving patrons of the establishmentin the immediate vicinity of the premises. This a violation of ORS 471.315(1 )(c). Theproblems listed on pages 1-5 are incorporated into this section by reference.Violation Number Two

On or about January 31, 2008, February 8, 2008, April 10, 2008, and April 11, 2008,checks were issued by Touch of Athens, Inc. to a wholesale licensee to pay for alcoholicbeverage products. The checks were returned for non-sufficient funds. This is a violationof OAR 845-006-0365(1).


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SANTORINI WEST (F-COM)February 6, 2009Page 9(*) Violation Number ThreeFrom July 24,2007 until March 27, 2008 and from December 29,2008 until January 12,2009, you failed to maintain liquor liability insurance or a bond with a corporate surety inthe amount of not less than $300,000.00 for Santorini West. This is a violation of OAR845-005-0400(1 ).(*) Violation Number FourOn January 9, 2009, your employee Helen Tzakis made a false representation orstatement to the Oregon Liquor Control Commission in order to prevent action by theCommission when she misrepresented that the licensee had valid liquor liability insurance.This is a violation of ORS 471.425(1 ).B. History of Serious and Persistent ProblemsPursuant to ORS 471.313(5), the Commission may refuse to license any applicant if it hasreason to believe that there is a history of serious and persistent problems involvingdisturbances, lewd or unlawful activities or noise either in the premises or involving patronsof the establishment in the immediate vicinity of the premises. The Public Safety Programproposes that the Commission refuse to renew your license for the problems described inViolation Number One of this Notice, which constitute a history of serious and persistentproblems. The problems listed on pages 1-5 are incorporated into the section byreference.RESPONSIBILITY FOR VIOLATIONS"Licensee" is defined as including the principal officers of a corporation and stockholderswho own or control 10% or more of any class of stock (OAR 845-006-0301 and OAR 845-006-0475(1 )(d)). At the time of the incidents, the licensee included Anthony Gianopoulos,President/Stockholder and Dionysious Tzakis, Vice President/Director/Stockholder ofTouch of Athens, Inc. As of March 6, 2008, the licensee includes Anthony Gianopoulos,President/Secretary/Director/Stockholder and Dionysious Tzakis, Director of Touch ofAthens, Inc. Additionally, Touch of Athens, Inc. is responsible for the acts and omissionsof its employees and representatives in violation of any law affecting license privileges(OAR 845-006-0362).HEARINGS RIGHTSYou have already requested a hearing on these violations as previously charged. We willconsider your earlier request for a hearing on these violations as valid and continue the


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SANTORINI WEST (F-COM)February 6, 2009Page 10hearings process unless you withdraw from the hearing or this matter is otherwiseresolved. Per OAR 137-003-0550, corporations must be represented by an attorney.Hearings are conducted by the Office of Administrative Hearings under the jurisdiction ofthe Oregon Liquor Control Commission, according to the Administrative Procedures Act(ORS Chapter 183), Attorney General's Rules for the Office of Administrative Hearings(OAR Chapter 137) and Commission Administrative Rules (OAR Chapter 845 Division 03).If you withdraw a request for a hearing, this notice will be presented to the Commissionersfor ratification and adoption as a final order by default at the next scheduled CommissionMeeting. If you fail to appear at a scheduled hearing, a Proposed Order by Default will beissued by the Administrative Law Judge, to be followed by a Final Order by Default issuedby the Commissioners.In each of these instances (a hearing request was made but either withdrawn or thescheduled hearing was not attended), the Commission will designate its file or files in thismatter as part or all of the record supporting its final order by default.OREGON LIQUOR CONTROL COMMISSION

Stephen A. PharoExecutive DirectorSAP:KKR

If you have any questions, please call 503-872-5007.

Santorini West 2nd Amended

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