New Star Restaurant & Nightclub faces license cancellation

New owners afflicted by the past, looking to the future, deal with present OLCC action

Lee Perlman

THE MID-COUNTY MEMO

Phuong and Khanh Truong had hoped this year to eliminate restrictions on the liquor license of their New Star restaurant which were inherited from the previous owner.

Instead, like their predecessor at 11340 N.E. Halsey St., they are facing the loss of their license.  Staff at the Oregon Liquor Control Commission (OLCC) are recommending that the license not be renewed. A hearing on the issue before a hearings examiner has been set for February 20 through 22.

The major reason for the cancellation recommendation is an incident that allegedly occurred on April 14. An altercation with racial overtones occurred inside the premises during which Corey Henden and Joe Jean were assaulted with pool cues, and Henden was kicked after being knocked to the floor. Those involved were ejected to the parking lot, where the fight continued. According to witnesses’ accounts, the staff refused to call the police even though it was clear Jean needed medical attention.

In subsequent interviews with inspectors Peggy Mullen and Charles Ellis, Phuong Truong insisted that what had occurred was  “only a minor incident,” and that there had been no fight inside or outside the establishment.

Staff did not believe her. In their October 9 recommendations, they wrote, “These false statements were deliberate. They were made intentionally to prevent the commission from denying her  (Truong) a permanent license.” By failing to call the police  during the incident, “She denied the victim of the assault  timely access to medical attention.

“Licensee’s selfish disregard of patron safety and lack of  adequate intervention in this incident show the licensee to be a  poor risk for future compliance of the liquor laws of this  state.”

The Truong’s attorney Mike Reed makes much of the fact that OLCC did not formally issue a violation for the April 14  incident, “which means they don’t have the goods to prove it.”  Truong, he says, was “just stating her opinion” when she said there had been no fight. “Since when do we charge people for stating their opinion?”

OLCC representatives concede that a consideration in their recommendation was a record of problems and complaints at the location under its previous incarnation, Scott Detweiler’s Eight Balls of Fire. These included many incidents, or alleged incidents, in the restaurant’s parking lot.

OLCC had placed a series of restrictions and requirements on Eight Balls of Fire. These include the stipulation that Karaoke be the only form of entertainment, that there be no disc jockey or dancing, that management maintain an incident log and “86”  list of people not welcome due to prior misbehavior, and that  “all incidents and disturbances involving physical contact or  the threat of violence” be reported immediately to the police.  These conditions were continued when New Star began operation, and the Truongs had been seeking to modify or eliminate them when they received the notice of cancellation.