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CALL TO ORDER

 

The Chair called the meeting to order at

5:10 P.M.

 

ROLL CALL

 

Executive Director Robert Davis called the Roll. 

 

Present at the meeting were Commissioners John Newlin, Audrey Joseph, Jim Meko, Justin Roja, Terrance Alan. 

 

Staff present was, Robert Davis, Jocelyn Kane, Vajra Granelli and Crystal Stewart.

 

Chair Joseph was sad to announce she received the resignation of Commissioner Calma.   She added there were two vacant seats one for Public Health and Neighborhood representative.  

 

Chair Joseph moved item No. 3 to item No. 9 on the agenda.

 

1. Public Comment

 

Members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission.  With respect to agenda items, members of the public may address the Commission for up to three minutes at the time such item is called.

 

No public comment.

 

2. Review and Approve the minutes of May, 19, 2009, June 2, 2009, June 16, 2009 & July 7, 2009 [Action Item]

 

Chair Joseph requested to continue the minutes of June 16, 2009 and July 7, 2009 to the next Commission meeting.

 

Public Comment

None

 

Commissioner Alan moved to continue the minutes of June 16, 2009 and July 7, 2009 to the next commission meeting.  Commissioner Newlin second the motion.

VOTE:

AYES - Commissioner Newlin, Commissioner Joseph, Commissioner Meko, Commissioner Roja and Commissioner Alan

NOES – None

Absent – None

 

Public Comment

None

 

Commissioner Alan moved to approve the minutes of May 19, 2009 and June 2, 2009 Commissioner Newlin second the motion.

 

VOTE:

AYES - Commissioner Joseph, Commissioner Meko, Commissioner Roja Commissioner Alan and Commissioner Newlin

NOES – None

Absent – None

 

4.)   Report from the Executive Director. Neighborhood issues in Mission, North Beach and SOMA and club activity Entertainment Commission Intern projects. Vajra Granelli report on recent venue sound inspections and report of activities by staff. [Discussion]

 

Executive Director Robert Davis stated they were still getting fewer complaints about Circolo but about for El Rincon he spoke to the manager on Saturday and Vajra would be going by next week to additional sound test and would be monitoring the venue more carefully since there were new condos across the street from the venue.    He added they were getting reports about 26 Mix along the lines of patrons being robbed and were working with Mission police station and there has been no sound complaints from the venue.    He added he would hold off on the SOMA and the Central Police station pending police reports.

 

Inspector Vajra Granelli stated he had a few items to hit tonight.

 

The Bar on Church - He is working with the venue on sound complaints from neighbors in the area for awhile.  Good news, the situation has improved and they have added a considerable amount of sound proofing to the building and they were getting better levels than they have had in the past but there was still some low frequency base and some bleed.  He added they were making process there was still a lot of room to move there.  He added they were in contact with the manager and hoped to get some traction on that issue.

 

Trigger - There is still a problem with continued outreach from the Entertainment Commission to the owners and management of Trigger to resolve their operational and sound issues those issues have not been resolved.  He added it was recommendation the owners of Trigger appear before the Commission for possible reconditioning their permit as a first step to bring them into compliance.

 

Cigar Bar - There has been and issue on and off for a good amount of time it get’s worse it get’s better lately it has gotten worse.  He added he was working with Officer Gains from Central Police station and they have both been talking to both the owners and mangers of Cigar Bar and the residents in the area that are complaining.  He added at this point and time Cigar Bar has been singing the same song for sometime but no real progress being done.  He recommended that Cigar Bar be brought in for to have their permit reconditioned. He added the neighbors have been more than patience.

 

Holy Cow - There have been issues of violence and was one of the few venues on 11^th street one of the few businesses that still accept party buses and tend to do a pretty brisk business   in party buses.  He added the venue had a trend of violence and it was a noticeable pattern to be just consequential. 

 

El Rincon - He has been in contact with both the management and neighbor in the area who are complaining about the sound.   He added the problem could be solved relatively easily with some of their operational problems like leaving their doors and windows open.  He added he was present the week before and heard from people in the area that it was better but was still not fixed

 

The Cellar - He added it was a small place that expanded and it get’s better, it get’s worse in the past they would talk to management and bring them back into compliance and back on their A game and if not he would update the Commission and they may have to come before the Commission for re-conditioning their permit of some disciplinary action.

 

AT&T Park – The Kenny Chesney summer concert had a sound check done on Friday and in the past they have kept the sound limit for AT&T Park at 95 dba.    He added for a concert venue like AT&T Park it was incredible low.   He added during the test that day there were no spikes during the day of the concert there were very few spikes over 95dba.   He added there were two complaint emails and two complaints phone calls and was informed more complaints came in.  He added he would get more information to get an idea of where it was.     He added on the positive side the music was off at 10:42 P.M. and he will debrief with the Giants and once he gathers more information he will be able to give a complete report on the event.

 

Commissioner Alan suggested Cigar Bar, Holy Cow and Trigger be brought in.

 

Commissioner Meko stated the Holy Cow has been a venue that has been in the area for awhile and was the violence contributed directly to the venue.

 

Sound Inspector Vajra Granelli stated the violence was attributed to the venue.

 

Public Comment 

 

Officer Gary Buckner stated his records indicated the last time the Holy Cow was brought before the Commission was for an amendment to their permit was in 2002.  He added they would be benefit greatly to be brought before the commission to put them into some of the best practices they have developed as it relates to LEAD training and security procedures.  He added in the past couple of months their have been some violent incidents that directly related to the venue.  He added on June 12, 2009 a patron was inside the venue and was hit by another patron with a bottle that split open his face from his forehead to his lip and it was not reported to the police until later on and when the police responded to investigate they were essentially told nothing had happened.   He added on July 3, 2009 a large fight broke out and the police that were on scene were unable to control it involved scores of individuals that spilled out from the bar engaged in a large fight with the police.  He added they were very concerned about the Holy Cow and the direction it was going.

 

Commissioner Alan suggested that Executive Director Robert Davis met with the officer prior to brining them in so they could identify a unified position that they could take with regards to recommendations to enhance security.   He added he continued to speak for the need of the Commission and the Police Department to establish some strong security protocols and hold the club security to those protocols.

 

Commissioner Meko stated when original permitted was granted the Planning Department’s Good Neighbor Policy for nighttime activity in SOMA was applied to their permit at that time and since the Commission has come into existence the Commission has added to the Good Neighbor Policy.

 

Captain James Dudley from Central Police Station stated the Cigar Bar they have received numerous complaints over the last few years and more since the condos were built directly across the street.  He added the first year of operation they had no complaints from the courtyard were there are small speakers if they were turned off and there was acoustical music it would probably remedy the problem.

 

Commissioner Meko stated in the case of Kelly’s Mission Rock they came to the Commission for Loud Speaker permit and their should be uniform enforcement if they had speakers outdoors they should apply for a loud speaker permit every time they were used.

 

Commissioner Alan recommended that the Executive Director to send a letter informing the Cigar Bar management to immediately  cease and decease outdoor speaker activity until such time they have had a review by the Commission to determine if the actual space can allow for a speaker.

 

Commissioner Roja asked if the venue has posted any signs in the courtyard informing patrons that there were neighbors in the courtyard area and keep the noise level.

 

Inspector Vajra Granelli stated he was not aware there were any signs.

 

Now Item No. 4

 

3. Review and possible action to change the conditions of the Place of Entertainment permit for Impala located at 501 Broadway San Francisco, CA 94133.  [Action Item]

 

Executive Director Robert Davis stated there have been a number of issues and concerns that have been raised about Impala and recently there was a shooting that occurred inside the venue.  He added there was a report from Central police station.  He added the next morning he called Impala and asked them to prepare a report of what occurred and what their precautions were on that day.  He added he spoke with Captain Dudley about coming to the Commission with possible suggestions for additional conditions on their permit as a start and there have been issues at Impala and there was an altercation this weekend that occurred in their downstairs area.  

 

Commissioner Joseph asked how a patron got a gun inside his club.   She added there was no excuse that a gun entered their venue and it was a good idea that they hire a female security to do pat downs.

Applicant stated it may have been a possibility handed over through a fence or in a girl’s purse or on her body.  He added they were actively looking for female security.

 

Commissioner Alan stated since the beginning of the Commission an ever increasing violent youth population that goes out and solves their conflicts with guns and knives.  He added hey held the venue responsible the city must find a final entity that had to take control of the situation. He added the city had a responsibility for setting a standard for protocol for training for security guards and the interaction between the Police Department the overall situation in the city had to be improved.  He added security personnel should be trained to night time entertainment standards.

 

Commissioner Meko stated they had good luck with Southern Police station with some venues cooperation with staff and the police department coming up with conditions.  He was proposed a task force approach to the matter and suggested it be continued for more interaction between staff, police and the venue to what is a serious matter.

 

Executive Director Robert Davis stated he spoke with Captain Dudley to bring a list of possible conditions.

 

Public Comment

 

Captain James Dudley stated 501 Broadway problems at were not new.  He added every time there was a homicide in San Francisco they did an environmental impact report to show the causes that may have contributed to a homicide.  He added the two individual’s that were shot did not suffer life threaten wounds which is why they were not doing an environmental impact report however; he believed that strict scrutiny should come to the club.  He added on July 10, 2009 at 1:49 A.M. two patrons were shot inside the club, the ABC license was a type 47 full restaurant and bar however if you looked at their website and viewed the food service throughout the restaurant he would not place the menu at the top ten lists.   He added the hours of operation are from 6:00 P.M. to 2:00 A.M., however on their website they promote 9:00 P.M. to 3:00 A.M. which is a violation of their license.  He added the capacity records shows 185 and they are often over the limit.   He asked Executive Director Robert Davis if they could review the business and security plan of the venue.

He added he spoke with Ms. Doe and she said their busiest nights Friday and Saturday night’s and their security was in-house hired off Craig’s List and not state certified.  He added when the patio is open the windows were opened.   He added he saw a remedy to close the patio which is contributing to the insecurity of the location.

He added having the patio open made it easy to pass weapons, bottles, drugs or even people.    He asked that the patio be closed for 90 days and a 1 to 75 patron security ratio at all nights the venue is opened, security be California security certified by the Department of Consumer Affairs, all of the wait staff, managers and bar service people be LEAD certified, the permit in its entirety be scrutinized over a over a 90 day review period.  He added doing the crime search of the area in the last 90 days there were 109 plus calls for service at 501 Broadway or Broadway and Kearny many for assaults and suspicious people. 

 

Public comment closed.

 

Chair Joseph stated her personal feelings were something should be done immediately and would go with Captain Dudley’s suggestion of 1 to 75 security at all times, all patrons be patted down and no time do they succeed the capacity on their patio, all security guards be LEAD and California Consumer Affairs certified in no less than 45 days from today, the patio be secured by dedicated security guards whenever it is opened and never without a security guard. She added continue physical pat downs and bag searches.

 

Commissioner Roja asked what the venue planned to do since the incident happened.

 

Andrew stated there was room for improvement; and they have recently purchased a wand metal detector and have repositioned security two new females have been recently hired and they were looking into high-tech security. 

 

Commissioner Alan proposed a sense of immediacy in their response. Security shall be within 45 days lead trained and security guard card certified, the security ratio shall be 1 to 50, and security shall provide mandatory pat downs for male and female patrons and wanding is optional,  the venue

within 30 days purchase and install a security camera systems that records and retains 48 hours security surveillance, the outdoor patio be restricted to 12 people during times when entertainment is being offered and people are not allowed to remove alcohol from the premise or take it outside and to be used as a smoking patio only, prior to re-entry they are to be patted down as if they were a new patron entering the venue.   He added the entertainment Commission director and the SFPD Captain work together to reach out to San Diego Gas Light District and asked them for the outdoor security protocol they have developed for their district they could use as a best practice guide.  He added the commission has a mandatory review of the compliance of the conditions in 30 days.

Motion fails for lack of a second.

 

Commissioner Meko asked how they would judge the legality of the condition that the patio be closed for 30 days under what grounds.

 

Executive Director Robert Davis stated he would not put himself in the capacity to make that judgment he would have to verify with the city attorney that they could do.

Commissioner Meko suggested that the owners and staff meet over the next two weeks and work on a solid package of conditions to bring back to the commission.

 

Motional fails for lack of a second.

 

Commissioner Alan asked what specifically about the motion needed to be changed to get their second.

 

Commissioner Roja stated it referred to the pat downs for the two entrances and would be the friendly amendment to be added.

 

Commissioner Meko favored posting the venue for 30 days hearing for suspension.

 

Public Comment

None

 

Commissioner Meko offered a friendly amendment the camera security recording be kept for a minimum of 30 days.

 

Commissioner Alan accepted the friendly amendment.

 

Commissioner Alan moved to approve the following motion: The Venue within 45 days supply evidence that all security are Guard Card certified and LEAD trained, security personnel do a mandatory pat down at the entrance points to the club including the front door, smoking patio door and the back door at all times, during the time the venue is engaged in entrainment the patio shall be used for smoking only with a maximum occupancy of 12 people and prior to re-entry the smokers shall be pat down as if they were new patrons to the venue no alcohol be allowed on to the patio, the Director of the Entertainment Commission and the police Captain do outreach to receive best practice standards for security protocols around outdoor patios so that when the venue comes back to the Commission in 30 days for a review they might implement some of those recommendations based on those practices and within the 30 day period the venue shall install a security camera system that will memorialize and hold for at least 48 hours all visual and audio camera surveillance information and the ratio be 1 to 50 at the times there are entertainment. Windows to patio shall be kept closed Commissioner Roja second the motion

 

VOTE:

AYES - Commissioner Meko, Commissioner Roja, Commissioner Alan Commissioner Newlin and Commissioner Joseph

Noes - None

Absent - None

 

4. Report and discussion on Triple Crown located at 1760 Market Street, San Francisco, CA. 94102 current operations to date based on the previous concerns from the neighborhood and SFPD Southern Police. [Discussion Item]

 

Chair Joseph stated the item was brought forward as an update on community outreach and noise complaints with regard to Triple Crown.  She added the item was continued based on community outreach.

Officer Gary Buckner stated he testified on the issue on May of 2009 as it related to Triple Crowns extended hours permit applications. He added there was a significant opposition from the community with regard to Triple Crown’s application.  He added it was related to the business creating some noise problems for the community during normal business hours.  He added he presented to the Commission some factual data that covered a five month period in 2008 and 2009 from January to May.  He added when the Triple Crown was the “Octavia Lounge” a piano related bar business there were no complaints with regard to noise issue.  He added when it transitioned to a nightclub with a sound system the location generated 22 noise complaints from the community.  He added as a result of the information the Commission decided it was best to have some additional work to be done with the owners of the venue and reaching out to the community.  He added since May of 2009 though today’s date five noise complaints generated from the venue.  He since learned there was an illegal club near the Triple Crown that is the responsibility of Southern Police station that may be contributing to some issues in the area and they would investigate to make sure they are coming from the other location in all fairness of the Triple Crown.   

 

Commissioner Meko stated to his knowledge had the venue did outreach to the neighbors.

 

Officer Gary Buckner stated he had not been aware of community meeting and has not been invited to any meetings, he added they have been very corporative and they and they worked with him and he gives them credit they are willing to work with them and he thought they genuinely wanted to make sure their business was run and they were not affected the neighborhood negatively and have taken some measures to sound proof the business.

 

Sound Technician Vajra Granelli stated there has been some improvements in the venue and side curtains were hung, sound leakage was better security was at both doors and protocol was better.  He added there needs to be more improvement. He added he sent 8 mailers and 18 emails and there were three responses.

 

Public Comment

 

Ron Johnson stated he would grant access to their building to do sound readings.  He added he met with Triple Crown and felt that nothing had changed with the issue of noise.

 

Robert Ortega stated he was a resident of Castro of 13 years and he presently works at Ruby Sky and part time at the Mix and he worked for former Supervisor Leno.   He added Larry and Patrick have been wonderful bosses and he supports the venue and they have contributed over $30,000 dollars to HIV projects. 

 

Kristin Griffin stated she has no issues with the venue and thought that the extra security would eliminate theft in the area.

Public comment closed.

 

5. Police Department Comments & Questions. [Discussion Item]

(This item allows any member of the SFPD to address the Commission regarding matters related to nightlife and public safety).

 

Officer Gary Buckner stated Club 6 recently had an inspection of the ABC and they found multiple violations including alcohol infested with flies and their security had to be revisited.

 

6. Hearing and Possible Action regarding applications for permits under the jurisdiction of the entertainment commission. [Action item]

 

a) Syed, Ajaz, dba BaskSF, 93 9th Street, Place of Entertainment.

 

Jocelyn Kane stated the applicant applied for a place of entertainment permit on June 1, 2009 to provide Djs and live music in his bar on 9^th Street near Mission. Bar holds a Type 48 ABC license, and applicant reports capacity as 49 persons. It is open for business from 2PM to 2AM daily. SFPD Southern Station has recommended disapproval based on high calls for service in the area, nearby residential units, and alleged inability to support live entertainment or DJs in terms of noise and/or capacity.  In addition, there is one letter from a neighbor from 81 9^th Street in opposition to the permit.  She added staff a recommends conditional grant.

 

Ajaz Syed stated he bought the bar seven months ago and they have done several improvements and there was a capacity is 49.  He added he would like entertainment and have not had any complaints.  

 

Public Comment

 

Anthony Faber stated he was concerned with the noise coming from the venue. 

 

Officer Gary Buckner Captain stated he was opposed the permit and there were severe restrictions to the previous owner. He added introducing a live entertainment venue was not in the best interest to 55 residents in the building and to the police department.

 

Commissioner Roja asked the intention of the house music.

 

Ajaz Syed stated it would be back ground music.

 

Commissioner Alan suggested that the venue have a locked limiter.

 

Commissioner Alan moved to approve Commissioner Newlin second the motion.

VOTE:

AYES - Commissioner Meko, Commissioner Roja, Commissioner Alan Commissioner Newlin and Commissioner Joseph

Noes – Commissioner Meko

Absent – None

 

Chair Joseph recused himself from the item.

 

b) Yeung, Barry, dba Volar Music Land, 626 Clement Street, Place of Entertainment.

 

Deputy Director Jocelyn Kane stated the applicant applied for place of entertainment permit on June 18, 2009 to permit a new karaoke lounge in the Inner Richmond. The lounge is located on Clement Street between 7^th and 8^th Avenues, and is within the Inner Clement Neighborhood Commercial District. This use, as defined as “Other Entertainment,” is allowed only via Planning Department Conditional Use Authorization. Applicant received this on June 4, 2009 (see attached).  There is no liquor license at this location. Food and beverages are available via vending machines at this time. There will be 9 individual rooms for karaoke. Total capacity is reported by applicant as 40 people. SFPD Richmond Station has not sent staff any recommendation at this time.

 

Barry Yeung stated he was planning to move into the property and he has consulted several security companies.

 

Public comment

 

Mr. Anonymous from the Asian American community stated he was speaking on behalf of Barry Yeung’s character.  He added he was highly respected in the Chinese American and Richmond Asian American community.  He added Karaoke was a culture in Hong Kong and China and was very popular and they needed to keep the culture alive.  

 

Officer Gary Buckner with Southern Police Station stated agreed they needed to promote business but it should be done safely and some of the most violent illegal places in southern district were Karaoke and there were illicit activities have happened in the individual rooms.

 

Commissioner Alan suggested they continue the item to the next Commission meeting and solicit a clear clarification on their difficult to understand interpretation of the rules as they see them.  He added so the Commission had an idea of what they would like the Commission to do as oppose to just say no. 

 

Commissioner Alan moved to continue the item to the next Commission meeting Commissioner Meko second the motion.

VOTE:

AYES - Commissioner Newlin, Commissioner Joseph, Commissioner Meko Commissioner Roja and Commissioner Alan

Noes - None

Absent –

 

Chair Joseph recused herself from voting on this item.  She added it was not a client of hers, one of the owners of the next permit is a member of an organization that is a client of hers.  She added because Commissioner Pred was no longer on the Commission and he was the vice president she appointed Commissioner Roja in his stead to run the next permit.

 

c) McWilliams, Gabriel, dba SAGE, 1601 Howard Street, Place of Entertainment.

 

Deputy Director Jocelyn Kane stated the application was submitted April 29, 2009, to add entertainment to this 49 person “café” near Howard and 12^th Streets. Applicant intends to be open from 6am to 10pm 6 days per week and has applied for a Type 41 beer and wine license. Entertainment planned includes spoken word, DJs and small bands. Planning has indicated this is a permitted use in the C-M zoning area. There is also one letter of opposition in your package from a neighbor at 1607 Howard. Applicant held a meeting for neighbors on May 27^th, 2009 to answer questions from the community. The invitation and attendance sheet is included in your packet.  A letter of support was received by staff dates June 2, 2009 from commercial neighbor Basil Canteen.   She added the applicant was before the Commission previously on June 2, 2009, and permit application was continued based on a request from the SFPD Southern Station. Officer Buckner has since resubmitted his recommendation now dates June 16, 2009 recommending approval with conditions. 

 

Gabriel McWilliams stated the owner of SAGE stated the information was the same they were under construction and the work was almost completed and the liquor license was pending.

 

Commissioner Alan stated the Police Department has revised their negative recommendation to a positive recommendation with conditions.   He added what was his response to the five conditions that were being brought forward by the police department.

 

Gabriel McWilliams stated he had not seen the conditions.   He added he had no problem of complying with the conditions except No. 4.

Officer Gary Buckner stated he commended the applicant and sounded like that made a significant investment and it sounded like it would be a nice venue. He added some of the concerns from the members of the community was it would be another nightclub.  He added when he met with McWilliams he said the entertainment would be incidental to the business and that it was a café.  He added the reason for item No. 4 was he wanted to make it specific that it was not another dance club. He added they were fine with no dance related entertainment.

 

Public Comment

 

Pat Nobel stated she was impressed with the work they have done and thought it would be a big improvement to the neighborhood. 

 

Charles Shirley stated he approved of the application going forward.  He added they did a marvelous job.

 

Commissioner Newlin moved to approve Commissioner Alan second the motion with a friendly amendment that a venue not have a specific area for dancing.

 

VOTE:

AYES - Commissioner Meko, Commissioner Roja, Commissioner Alan and Commissioner Newlin

Noes - None

Absent - None

 

7. Election of Commission President and Vice President. [Action Item]

 

Commissioner Alan nominated Commissioner Roja for president of the Commission.

 

Commissioner Newlin second the motion.

 

Commissioner Meko nominated Commissioner Newlin.

 

Commissioner Newlin respectfully declined the nomination.

 

Public comment

No public comment

 

Commissioner Alan nominated Commissioner Roja for president of the Commission Commissioner Newlin second the motion.

 

VOTE:

AYES - Commissioner Joseph, Commissioner Roja, Commissioner Alan and Commissioner Newlin

Noes – commissioner Meko

 

Commissioner Meko stated the Commission was under attack that escalated and there was some truth to some of the charges that the body was very much under the influence to the entertainment industry.  He added he valued the service that Commissioner Joseph has put in and she has been the best president the Commission has seen in its entirety and she has did a yeoman’s job and it was a commitment.    He added he unfortunately felt it would further move public sentiment against the commission.

 

Commissioner Newlin nominated Commissioner Joseph for vice president.

Commissioner Alan second the motion.

 

VOTE:

AYES - Commissioner Joseph, Commissioner Roja, Commissioner Alan and Commissioner Newlin

Noes – commissioner Meko

 

8. Report from By Laws Committee on final findings of possible amendments to the By Laws. [Discussion]

 

Commissioner Alan continued the item because the meeting with the city attorney has not occurred in reviewing the proposed bylaws the city attorney brought forth some additional suggestions.

 

Commissioner Meko asked

 

9. Commissioner’s Comments & Questions. [Discussion Item]
10.  

Commissioner Alan invited everyone to a pro-democracy rally in Civic Center on Saturday from 12:00 Noon to 4:00 P.M. a free event put on by voters which is a respond to the democratic movement in Iran and the radical element of the U.S. government that wants military intervention and the group wants no military intervention into the election results in Iran and asked for a peaceful democratic rally.

 

Chair Roja thanked Commissioner Joseph for her work as president on the commission and her mentorship.   He added

 

11. New Business Requests for Future Agenda Items. [Discussion Item]

(This item is to allow Commissioners to introduce agenda items for future consideration).

 

Commissioner Alan stated there were three clubs that should be brought in for hearing on their conditions to the chair’s discretion.

 

Adjournment.  8.05 P.M.