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About Hermiston herald. (Hermiston, Or.) 1994-current | View Entire Issue (Aug. 23, 2017)
A6 • HERMISTONHERALD.COM WEDNESDAY, AUGUST 23, 2017 LOCAL NEWS Umatilla County moves to shut down strip club By PHIL WRIGHT STAFF WRITER Zen-Den, on the outskirts of Umatilla, is fi ghting for its right to party, But the strip club and fi tness studio is bucking county offi cials. Umatilla County counsel Doug Olsen said Friday the business lacks a permit to operate, a violation of land use regulations. “We have issued a stop use order,” Olsen said last week. “And that should be served on the occupants [Friday, Aug. 18].” Sheriff Terry Rowan said a deputy found no one at the business and posted the no- tice on the front door. But Zen-Den spokesper- son Justin Evans contends the business does not need the permit. He said this is a case of bossy local govern- ments trying to close down a new establishment they don’t like. Zen-Den has been oper- ating since December 2016 at 82084 N. Highway 395 in Power City, Evans said. The site is outside Umatil- la’s city limits but inside its urban growth boundary. Ol- sen said the location means Zen-Den still needs a city business license, and the county’s code enforcement division handles that for the city. Umatilla City Manager Russell Pelleberg said Uma- STAFF PHOTO BY E.J. HARRIS The Zen-Den has been operating an adult entertainment based business without a business license since last December in Power City. tilla has not issued any sort of permit or permission for Zen-Den. Olsen added the building needs improve- ments to meet code before it can host customers. Evans countered that the location means the city does not have the authority to is- sue a license, and there is no reason to pay for a land use assessment or make up- grades to the building be- cause use is not changing. “Essentially, we’re still a retail business,” he said. Evans said he does not own Zen-Den, but his book- ing agency provides the ex- otic dancers. He is in contact with the business owner and the attorney representing Zen-Den, he said, but would not reveal who they were. The Oregon Secretary of State’s online business da- tabase shows no registration for Zen-Den. Evans, who is also a boxer and mixed-mar- tial artist, said the site has multiple uses. “The Zen-Den is dedi- cated to the pursuit of Zen,” Evans said. “Who’s to say what that is, right? But to date, we have exotic danc- ing, pole dance fi tness, mar- tial arts and yoga.” Zen-Den does not serve alcohol, and the few drinks available are pre-packaged bottled water and energy drinks. There is a cover and one-drink minimum to get in. The stage with a dance pole juts from one wall, chairs near the railings ready for customers. The DJ booth sits at the opposite end. Some tables and chairs make up the rest of the spar- tan accommodations. Evans was at the club Thursday night and in principal broker of Preferred Property and is chair of the Umatilla County Planning Commission. He said he has yet to see evidence Zen-Den has been a problem or is vio- lating any rules or laws. “Without a citation, I can’t take action,” he said. The people working in the two secondhand and gift shops next to Zen-Den said they have seen no problems with their newest neighbor and didn’t even know who worked there. Evans said the business is open to the pub- lic 9 p.m. to 3 a.m. Thurs- days through Sundays. “By the time we open there’s not a single other business in Power City that is open,” he said. “We are completely out of sight, out of mind as far as the main- stream community is con- cerned. ... I don’t know why anybody would have a prob- lem or a complaint with the facility or the location of it.” The sheriff’s offi ce last Saturday responded to the club after an anonymous caller report of a fi ght. But there was no fi ght. “What we believe is go- ing on is the competitor in Umatilla is falsely report- ing,” Rowan said. Rowan didn’t specify which competitor that might be. Evans said he had no doubt that was the case and illustrates the unfair treat- ment Zen-Den is receiving. charge of most operations. Another man worked as security while the “house mom” took the cash to get in and helped Evans with the four dancers. He said since the “grand opening” around a couple of weeks ago, Zen-Den had maybe 20 customers. The pace picks up around 1 a.m., he said, when folks leave the Riverside Sports Bar and Lounge, one of the other adult entertainment venues in Umatilla. The city’s mayor, Daren Dufl oth, owns the River- side. And Steve Bunn owns Honeybunnz Hideout, the other strip club in the city. Like Zen-Den, Honeybunnz serves no alcohol. Bunn and Evans have a history of confl ict that in early 2015 resulted in a fel- ony assault conviction for Evans. That history led Mil- ton-Freewater months later to reject Evans’ application to open a strip club there. Zi Chen of Hermiston is buying the property where Zen-Den is located. He owns the Fortune Garden restaurant on Hermiston’s north end. He said he heard a couple weeks ago about the adult entertainment club but was not aware it lacked a business license. He said he pays Preferred Property Management Inc., Hermis- ton, to oversee the site. Randy Randall is the PUBLIC SAFETY LOG Umatilla County moves toward tobacco licensing By PHIL WRIGHT STAFF WRITER Umatilla County health offi cials want cities to re- quire retailers to have a license to sell tobacco and nicotine. Mariah Hinds, the coun- ty health department’s tobacco prevention coor- dinator, said the licensing program is about prevent- ing sales to youth. Hinds spoke to the coun- ty board of commission- ers about the plan Aug. 16 in Pendleton. The county program would include a retail license for the sale of tobacco, Hinds explained, and a prohibition on the sale of tobacco to minors. The County Environmental Health Department would inspect each retailer at least once per year. She said oth- er areas of the country have established similar local laws and experienced major declines in youth obtaining tobacco. Hinds said a licensing program allows the coun- ty to oversee tobacco and nicotine sales in their juris- dictions. The county board voted 3-0 to allow health department staff to ask cit- ies and other jurisdictions for that approval. The move comes almost two years after the U.S. Food & Drug Adminis- tration ran 60 stings at 51 stores in the county and found 14 did not verify the buyer’s age and sold ciga- rettes to a minor. Under the draft of the proposal, the retailer would face fi nes and license sus- pensions. County counsel Doug Olsen explained that per state law, a violation of a county ordinance starts at $500. “There could be addi- tional penalties assessed in addition to the fi ne,” he stated. The regulations also would prohibit tobacco re- tailers from operating with- in 1,000 feet of each other or a school, with exceptions for those already in busi- ness. The proposal calls for the board to set the price of the license each year. That fee would have to be enough to cover the cost of administration and enforce- ment. Hinds said a survey of local retailers showed they make $200-$5,000 per week on tobacco, so even a $200 license would be af- fordable. She also said Morrow County is interested in the program, and that would work well because Uma- tilla County handles much of its western neighbor’s environmental health regu- lation. Stanfi eld updating nuisance ordinance to address odor By JADE MCDOWELL STAFF WRITER A month after voting to try and shut down 3D Ida- pro Solutions’ dehydration plant in Stanfi eld, the city council acknowledged the unpleasant smell coming from the plant has less- ened. “The council has been active on this issue in meeting with the company and have seen improve- ments,” said Councilor Su- san Whelan. The council still voted during its meeting Aug. 15 to direct staff to update the city’s nuisance ordinance, using Hermiston’s as a tem- plate. City Manager Blair Larsen said Stanfi eld’s cur- rent ordinance does not do a good job of specifying how to measure whether a property is emitting an odor offensive enough to merit a fi ne. Mayor Thom- as McCann agreed, noting if the city does pursue le- gal action it has to have an ordinance in place that will stand up in court. “You can’t just do things willy-nilly when you get before a judge,” he said. Councilors noted that representatives of 3D Ida- pro Solutions, including the company CEO, have met with councilors and given them tours, and Councilor Jason Sperr said he felt more comfortable that the company was mak- ing good faith efforts that were starting to work. Leland Winebarger, who works near the plant, was less pleased. “Why doesn’t someone from this city do some- thing?” he asked during the public comment sec- tion, referencing a recent explosion at the plant and calling its potato-dehydrat- ing operations “basically a hydrogen bomb.” Voices were raised during an exchange be- tween Winebarger and the city manager when Wine- barger demanded answers from Larsen and said he expected Larsen to have re- ports for him from the De- partment of Environmental Quality and Occupational Health and Safety Admin- istration. “You make it sound like these people work for me. They don’t,” Larsen said, adding that he didn’t know why Winebarger hated him. Winebarger continued to press Larsen and said he was not doing his job. McCann banged his gavel and told Winebarger to be quiet. “I take umbrage with what you say,” McCann said. “If I was a judge I would hold you in con- tempt of court.” Kevin Andreson of 3D Idapro Solutions apol- ogized on behalf of the company for the unpleas- ant odor that the plant has caused to waft over Stan- fi eld and outlined a number of steps the company has taken or will soon imple- ROCK ‘N ROLL TOOL SALE EVENT MONDAY, AUGUST 28, 2017 EVENT HOURS: 10AM-4PM HERMISTON AUTO PARTS 200 S. 1ST PL, HERMISTON, OR 97838 • 541-567-5569 PRICING ALSO GOOD AT: 901 6TH ST, UMATILLA, OR 97882 210 S. MAIN ST., BOARDMAN, OR 97818 VIP INVITATION ment, including shipping in fresher potato products, shortening storage times, sending trucks in through a back route, using a deodor- izer and building a new scrubber that is expected to be done in November. “We’re trying to be good neighbors,” he said. He said the company would try to be proactive in keeping the community updated on improvements, would close down during community events like football games and would be happy to give a tour to anyone in the community who wanted to know more. reported at South Highway 395, Hermiston. 2:06 p.m. — A suicidal subject was reported at South First Street, Hermiston. TUESDAY, AUG. 15 1:40 a.m. — A woman reported someone was inside her house at Southeast Sixth Street, Hermiston. 4:59 p.m. — A suspicious male was reported at North First Street, Hermiston. WEDNESDAY, AUG. 16 4:15 a.m. — A man was reported stealing from 7-Eleven at South Highway 395, Hermiston. 11:33 a.m. A caller said she’d like HPD to come pick up a dog she found at Riverfront Park last night. She said the dog was small, dark brown and black, and was missing her right ear and left hind foot. 6:06 p.m. — An assault was reported at East Newport Avenue, Hermiston. 9:30 p.m. Suicidal subject reported at East Newport Avenue, Hermiston. THURSDAY, AUG. 17 12:12 p.m. — A woman on Northeast 11th Street reported that her ex keeps coming to her residence and harassing her, and that she is being followed around town by his relatives. 2:28 p.m. — A caller reported a pit bull in a car with the windows cracked about an inch, at East Hurlburt Avenue, Hermiston. FRIDAY, AUG. 18 3:32 a.m. — A 1-year old baby with a red mark on its head was reported at East Reeder Drive, Hermiston. 12:28 p.m. — An assault was SATURDAY, AUG. 19 9:08 p.m. — A caller reported that he found a hidden camera set up in his house, at East Newport Avenue, Hermiston. 10:07 p.m. — A runaway was re- ported at East Main Street, Hermiston. 10:23 p.m. A man with a knife was reported at West Joseph Avenue, Hermiston. 10:33 p.m. — A runaway was reported at Southwest 11th Street, Hermiston. SUNDAY, AUG. 20 7:13 a.m. — A woman reported her son missing. 9:38 p.m. — A runaway was reported at Southwest Desert Oak Drive, Hermiston. 10:07 a.m. — A fi ght was reported at East Elm Avenue and Northeast Fourth Street, Hermiston. 10:16 p.m. — A caller reported he was being chased, and was in a fi eld off East Sunset Drive. Offi cers were unable to locate the incident. MONDAY, AUG. 21 12:11 p.m. — A man was yelling and cussing at a woman in the Afl ac building on East Hurlburt Avenue. 10:49 p.m. — A fi ght was reported at the Walmart parking lot, at North First Street, Hermiston. Come in and check out our Moon Phase necklaces by Moonglow! Put a smile on the heart with the power of flowers. HWY 395, HERMISTON 541-567-4305 Mon-Sat 8am-6pm • Sun 12pm-5am www.cottageflowersonline.com Introducing Silk hearing aids from Signia Nearly N earl invisible! Easy on the ears, easy on the eyes • The world’s most powerful small hearing aid • Same-day fi tting and delivery for the ultamate convinience • Gel sleeves ensure snug and comfortable fi t • Clinnically proven* Better than normal hearing in noisy situations 2237 Southwest Court Place Pendleton, OR 97801 541-276-5053 *An independent clinical study in the US has shown that primax provided a signifi cant improvement in ease of listening in demanding listening environments. 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