Mr. Lester C. Dalrymple
Washington State Liquor Control Board
Licensing Services, 1025 E. Union Avenue
Olympia, WA 98504-3075
Re: City of Seattle’s Objection to New Application for Liquor
License to Oscar’s II
Dear Mr. Dalrymple:
The City of Seattle objects to the McCoys’ application for
a liquor license for Oscar’s II (“Oscar’s”)
unless the license includes appropriate conditions to help prevent
a recurrence of drug trafficking. As the Board is aware, there
was a long history of drug trafficking at Oscar’s that continued
despite repeated efforts by the Police Department and the community
to bring it under control. In affirming the Board’s findings
in this regard, the superior court found:
Given the high drug activity in the neighborhood and the drug
habits of the licensee’s clientele, which the police department
had brought to Mr. McCoy’s attention on many occasions, the
licensee knew or should have known that more vigorous monitoring
and preventive measures were necessary. The licensee knew
or should have known that unless additional steps were taken,
drug activity would continue on the premises. By failing to
take these steps, the licensee knowingly permitted unlawful drug
activity. (Emphasis supplied).
The clear relationship between Oscar’s liquor license and
drug trafficking is further reflected in the fact that since the
cancellation of the liquor license in January, 1998 drug trafficking
in and adjacent to the premises has ceased, despite Oscar’s
remaining open for business during this period. The City believes
that unless “vigorous monitoring and preventive measures”
are required as conditions of any new liquor license, there
is a significant risk that resumption of liquor service will lead
to a resumption of drug trafficking at Oscar’s. The City’s
view in this regard is strengthened by two facts; the failure
of the McCoys to voluntarily implement many of the suggestions
made over the years by the police to control drug trafficking
on their premises, and the failure of two previous 30 day license
suspensions to prevent the resumption of drug trafficking once
liquor service was restored.
Based on experience in controlling drug trafficking at similar
establishments, the Police Department’s Narcotics Unit requests
that any liquor license issued to Oscar’s include the following
conditions:
1. All employees must have valid state or military identification
and the licensee must obtain a Police Department criminal records
check of all employees. It is the McCoys’ responsibility
to obtain employee authorization and to contact the Seattle Police
Department Records Division on the 4th
Floor of the Public Safety Building to obtain this information.
All employees must have no drug or violent crimes convictions.
2. Bathrooms must be kept locked with the bartender or on-site
manager in control of the keys. Only one person should be allowed
in the bathroom at one time.
3. The McCoys must hire properly bonded and licensed security
personnel for every night that Oscar’s is in operation. The
security personnel should include at least one female, and they
must wear clothing that clearly identifies them as security. The
security should be responsible for watching for criminal and drug
activity inside of the business and providing a security presence
in the areas directly outside the business, including any private
parking areas. The security personnel should check all customers
for weapons and should be responsible for calling 911 to report
criminal and drug activity inside or directly outside of Oscar’s,
including the parking lot.
4. The McCoys should maintain a criminal trespass list of persons
who have been trespassed and are not authorized to be in or around
Oscar’s. This list should be posted for review by police
officers and liquor enforcement personnel.
5. The lighting in and around Oscar’s should be sufficient
to allow the bartender and security personnel to clearly observe
the customers, and the McCoys should install adequate lighting
in the parking lot to deter criminal and drug activity.
6. The McCoys should install a prominent video camera that can
be easily observed by customers. If an operational camera is cost-prohibitive,
then a “dummy” camera (without film) may be used so
long as reasonable measures are taken to avoid making it apparent
that the camera is not operational.
7. Signs should be posted on the front door stating: “No
loitering. No drug activity allowed – 911 will be called.”
8. Any inside pay phones should be removed. The business should
not accept any incoming phone calls for customers and the use
of the business phone should be restricted to employee use only.
9. All customers must have and show valid state or military identification
upon entering Oscar’s.
10. A criminal trespass agreement with the Police Department’s
Community Police Team should be updated yearly to stop persons
who are not legitimate customers from loitering on the property.
The McCoys should meet with a CPT officer(s) on a monthly basis
to exchange information concerning any issues that may be affecting
their business, the community and/or the police department.
11. If the McCoys charge a fee to enter Oscar’s, then customers
who leave and attempt to re-enter the business should be charged
another entry fee.
12. The security personnel should call 911 and follow up by contacting
the Community Police Team (“CPT”) of the Seattle Police
Department any time that someone is suspected of selling narcotics
in or around the business.
13. The back door of the business should be used only for an exit
and should have professionally installed alarmed emergency exit
bar across the door.
14. The McCoys should implement a dress code that prohibits gang
attire and deters drug activity inside Oscar’s. Such dress
code should be clearly posted for customers and should include
no jeans, no tank tops, no tee-shirts and no baseball caps.
These conditions should only apply in the context of serving liquor
and should not be applicable to customers who patronize Oscar’s
solely for breakfast, lunch or dinner service. To the extent
that meal service can be completely separated from liquor service
and entertainment, these conditions would only apply to liquor
service and entertainment.
Sincerely,
Norm Stamper Judy DeMello, Director
Chief of Police Records, Evidence & Identification Section