Hermiston herald. (Hermiston, Or.) 1994-current, August 23, 2017, Page A6, Image 6

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    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-
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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.
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