People Against a Casino Town
News from PACT
PACT Letter to Oregon Liquor Control Commission
 
After PACT submitted this letter to the OLCC, a special  Fact-finding Meeting was set to discuss the casino liquor license application:

 News Release from Oregon Liquor Control Commission dated 5/19/04:
The Oregon Liquor Control Commission is holding a special telephone meeting Friday, May 21, 2004, 1:00 p.m., in Portland, to hear public comments on the full on-premises liquor license application for Three Rivers Casino, 05637 Hwy. 126, Florence. The applicant is the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw. The license application was received by OLCC on April 21. The fact finding meeting will be held in Room 103A of Commission Headquarters at 9079 SE McLoughlin Blvd., Portland. Written comments may be submitted by noon May 26 to: Executive Director, Oregon Liquor Control Commission, P.O. Box 22297, Milwaukie, OR 97269-2297. For more information, telephone 1-800-452-6522, or in Portland, 503-872-5006. A decision on the license will be made by the executive director at a later date.
April 29, 2004

Philip D. Lang, Chairman
Oregon Liquor Control Commission
5769 S.W. Huddleson Street
Portland, Oregon  97219
Fax: 503-245-2452

Commissioner Lang:

One of the primary objections PACT has to allowing a casino in Florence is the problem with drunk drivers on Hwy. 126.  The casino developers have stated unequivocally that their primary target is Eugene-Springfield residents. The prospect of free or cheap alcohol would undoubtedly be a major component in Eugene-Springfield residents' decisions to come to a casino - as it is in every other casino.  Other communities near casinos have reported steadily, and rapidly, increasing incidents of drunk driving and other criminal acts (loitering, brawling, disturbing the peace, vandalism, public indecency, etc.) associated with over-consumption of alcohol in neighborhoods near casinos.  In this community, the casino developers have chosen to place a casino within 150 feet of a large neighborhood, the Coastal Highlands Subdivision.

The compact between the State of Oregon and the casino does contain some restrictions about giving free alcohol "as an inducement to gamble."  But the compact is so full of loopholes, as one attorney put it, "a first year law student" could easily find ways to bypass any restrictions that may be implied about providing free alcohol for any other "reason".

The compact also provides that the casino "shall enter into a Memorandum of Understanding that will establish which state laws and Oregon Liquor Control Commission licensing regulations shall apply to the sale or service of alcoholic beverages ..."

Over the past year, PACT has regularly been contacting the Oregon Liquor Control Commission (OLCC) to determine when the public will be allowed to comment on whether or not an OLCC liquor license should be given to the casino.  According to the OLCC, the casino property has already been 'posted' with a notice stating that an application for a liquor license had been filed and the public had 15 days to respond.

On April 27, it was pointed out to the OLCC that (1) NO application had been filed yet; (2) the 'posting' was on property that was out of sight on property which prohibited public access; (3) how could the public comment on an application that did not yet exist, with a notice no one from the public could possibly see, unless the applicant gave permission for people to go past their posted "No Trespassing" signs?

The OLCC staff person responded that when the application really was received, the OLCC would again post the property and give the public 15 more days to comment; and that posting of the property in that manner was all that was required by law. PACT does not agree that posting a notice on private land, behind no trespassing signs is "public notice" and objects to any notice not readable from public right of ways.

The OLCC staff person also stated that every other casino in Oregon had applied for, and received, an OLCC liquor license.

Two other disturbing bits of information were gleaned from the conversation with the OLCC staff person: (1) Neither Lane County nor the City of Florence will be asked to comment on the liquor license - as would be the case with any other applicant.  (2) The application, when received, will not be posted on the OLCC web site as are all other OLCC applications.

Again PACT objects to these "exceptions" to the OLCC procedure.

On April 27, OLCC representative Peter O'Rourke, stated that a Memorandum of Understanding (MOU) had been drafted and sent to the casino, but refused to allow the public to see that draft.  A petition for access to public records has been filed with the Lane County District Attorney's office in order to force the OLCC to allow the public to see the document which was prepared by the OLCC.

It is not possible for the public to know when the casino will be filing their application for a liquor license because it will not be posted on the OLCC web page as are all other applications.  It is not possible for the public to know when the second 'public notice' will be posted on the casino property because the public has been denied access to the property.  Other than by calling the OLCC every day, the public will not know when the 15 day public comment period will begin or end.

The staff at OLCC said that the public could begin commenting on the (non-existent) application right away by sending comments to: Peter O'Rourke, OLCC, Suite 200, 927 Country Club Road, Eugene, Oregon 97401.

It is possible under OLCC regulations, and staff interpretation of those regulations, that the public may never be allowed any public hearing on this issue.  PACT is extremely concerned.

The state mandated, and customary, application and public review process is being circumvented.

The public is not allowed to review the agreement which the OLCC staff is proposing, an agreement which will be binding on State of Oregon law enforcement agencies.  PACT  objects to any proceeding being conducted, or any decisions being made until this obviously public record has been made available to the public and a reasonable time for the public to respond has been allowed.

There is a very real possibility that our laws and regulations may be effectively 'waived' by OLCC staff through this agreement -- without ever even being reviewed by the full Commission, much less the State, county, city or public.

Susie Dewberry
PACT President

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