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CALL TO ORDER

 

The Chair called the meeting to order at 5:08P.M.

 

ROLL CALL

 

Executive Director Robert Davis called the Roll. 

 

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

 

Absent at the time of roll call were:  John Newlin

 

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.

 

1.      Public Comment

 

No public comment.

 

2.      Review and approve the minutes of November 3, 2009 and continue the minutes of November 17, 2009 & December 1, 2009.

 

Public Comment

No public comment.

 

Commissioner Alan Commissioner Joseph moved to continue the minutes of November 17, 2009 and December 1, 2009

 

VOTE:

AYES - Commissioner Cavellini, Commissioner Joseph, Commissioner Roja, Commissioner Meko, Commissioner Perez  and Commissioner Alan

NOES – None

Absent – Commissioner Newlin 

 

Public Comment

No public comment.

 

Commissioner Alan moved to approve the minutes of November 3, 2009 Commissioner Joseph second the motion

VOTE:

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

NOES – None

Abstain Commissioner Perez and Commissioner Cavellini

Absent – Commissioner Newlin 

 

3.      Report from the Executive Director. Report to the Public Safety Committee, status on Caliente, Entertainment Commission Retreat dates for January, 11^th January 18, or January 20, 2010.

 

Executive Director Robert Davis stated part of the legislation that was recently passed and will become law on December 20, 2009 the president of the Board of Supervisors requested that he report to public safety committee every three months to discuss and review how the Commission is handling specific complaints from the public and the police department.   He added he and Commander Dudley will meet about a format of what will be discussed in more detail.

 

Commander James Dudley stated he and Executive Director Robert Davis have talked about several issues of traffic incidents and have come up with a draft report for the 10 district stations and have a weekend summary to cover the activity in and around clubs.   He added in January every weekend the reports will be faxed to Director Robert Davis.

 

Commissioner Joseph asked for clarification on dates and times of incidents on some area of the reports.   She added she needed something that applied to the Commission in a way the commission could understand it better.

 

Commander Dudley stated the form has been used for over two years in the central District.  He added it was up to the supervisor who filling it out and the plot maps would assist

 

Commissioner Meko stated had the form been vetted by the city attorney.   He added the overall aim will be better served. 

 

Commander Dudley stated it had not.   He added the rational was to show the number of response and the outside resources they used. 

 

Executive Director Robert Davis stated the Commission would like to hold a retreat. He added the dates given did not work for Commissioner Meko.

 

Commissioner Alan stated would a weekend work better.

 

Commissioner Meko stated it would work better for him.

 

Executive Director Robert Davis stated he would look into weekend dates.  

 

Vajra Granelli stated there was a fight at Icon and SFPD stepped in to handle the incident.  He added ICON was handling their lines better but there were still issues that they were observing. He added he visited the Regency and there were no issues.  He added the overall Mission area over was doing well but there were some sound issues in the area he was working with the venues independently.  He added the Blue McCaw incident, Medrool was closed; talking to staff they said it stated further up the street, patrons trying to get into the event called Juicy.

 

Commissioner Joseph got a call that two girls came out of out ICON assaulted the girls and took their purses.

 

Commissioner Alan asked was the commission doing everything in their area.   

 

Vajra Granelli stated there were a few forms that are used to keep track of evidence.

 

4.      Discussion and Possible action on the proposed ordinance amending Police Code sections 1060.10 and 1070.13

to state the visibility requirement applicable to booths and other private spaces in Places of Entertainment and Extended-Hours Premises; to state the purpose of the visibility requirement; and to authorize the Entertainment Commission to adopt regulations implementing the visibility requirement.

 

Commissioner Alan asked could he make forms available for forum on incident report.

 

Executive Director Robert Davis stated in working with Supervisor Mar to codify the dimensions on the legislation uniformity on 1060.10.   

 

Commissioner Joseph stated they should be able to make it policy.  

 

Inspector Falzon stated they would like additional times to absorb the legislation and get back to the Commission.

 

Commissioner Alan asked for recommendation about if visibility should be specific because it would be helpful.

 

Executive Director Robert Davis stated the Commission has been given the ability to set the standards as well. 

 

Commissioner Joseph moved to continue the item to the call of the chair and go back to the City Attorney to have the language to be more specific Commissioner Alan second the motion.

 

VOTE:

AYES -, Commissioner Joseph, Commissioner Roja, Commissioner Meko, Commissioner Alan, Commissioner Perez and Commissioner Cavellini

NOES – None

Absent – Commissioner Newlin 

 

5.      Incident at 2500 Mission Street, the Blue McCaw. 

 

Officer Buckner stated the Glas Kat and the Blue McCaw incidents were related.   He added Steven Lee was cited for violations of Good Neighbor Policy and security protocol.    He added Mr. Lee stated the crowd was beyond control and shut the event down.  He added there was a 10 year history with violations and asked the Commission to revoke the permit application. 

 

Officer Buckner stated officer’s responded to the incident and patrons took over the street and were engaged in a riot.  He added there was an attempt to remove a police officers firearm, there was a lynching of a prisoner, and resisting arrest and battery of a police officer.  He added he knew the event was label of the event was “Juicy” and it was a Blue McCaw event according to the flyer and the event was promoted by Personal Touch Entertainment, Big Deal S.F., Mine Motion and DM Present.  He added SFPD received several complaints from citizens and business owners in the area regarding the Blue McCaw nightclub.   He added the citizens had a valid complaint. He added officer Dempsky from Mission station contacted the owner of the Blue McCaw on December 8, 2009 and she indicated the incident was a result of the Glas Kat crowd attempting to gain access to her event and she stated she terminated her security firm as a result of this event and their failure to provide proper security.  He added however the solution to her problem needed to go beyond her termination of her security. He added Mission station has put together a list of conditions they recommend the Commissioner consider to make sure the Blue McCaw provides a safe and orderly events going forward.

 

Commissioner Joseph asked did the Blue McCaw act within their limits permit by securing their venue within 50 feet of each direction of their door.

 

Officer Buckner stated he believed they did not.

 

Commissioner Meko stated there were numerous violations of the Good Neighbor Policy with regard to the Glas Kat and asked him to be more specific.

 

Officer Buckner stated there was a 10 year history with the Glas Kat not complying with various conditions.  He added many people have been injured from fights at the location.  He added violation of the Good Neighbor Policy included the fact that they had to close 4^th street down so their patrons could exit the premises.

 

Commissioner Alan stated he has been to every Commission meeting that has ever occurred with the exception of one and he does not remember over the last ten years being a regular documented history of problems at the venue and could not imagine the Commission ignoring 10 years of complaints and was there a system adjustment that needs to be made.

 

Officer Buckner stated he did not mean to imply it was the Commission but there was a 10 year history of problems whether it started with the SFPD directly or at some point brought to the Commission but it did exist.

 

Sgt. Gaines from Mission station stated he met with the owner of the Blue McCaw that he forwarded the report to the Commission.  He added this past Friday prior to this incident he met with the owner to go over some of the issues that were brought up at the last meeting.  He added he responded to a call to a person that was assaulted where two people in the club got into an altercation one suspect lured the suspect upstairs were he was suckered punched and had a glass thrown at him.    He added investigating the incident after coming to the scene approximately two or three minutes after incident he noticed security was not  responsive he identified himself to security and asked about the issue that took place.  He added they flagged down SFPD subsequent to telling the victim to just go to the hospital and did not call an ambulance and had the victim to respond on his own.    He added the suspect that perpetrated the act on the victim was back at the club threatening with a handgun and was detained.   He added they were able to bring suspect to the hospital were he was identified.   He added some of the issues he was talking to the owner the exterior of the lighting was changed in 24 hours and provided him with a security plan.  He added he met with the owner and asked her what happened and she did not know and there seemed to be a great disconnect between the notification and the ambulance for the first one and felt there was a disconnect of the ownership not notifying the owner and the manger in charge.  He added the applicant needed to take an active role in making sure security was helping out and of what was happening in her venue.

 

Commissioner Alan stated the industry was responding not necessarily to these particular problems but to the need to have a consistent reporting and incident forum and requested that he ask his supervisor participate in the review of that forum to have the Commission police department and the venue owners operators and security teams be in sync so that the information they collect would help the disconnect.

 

Commissioner Joseph appreciated his report and thought it was clear and concise with facts and easy to understand and it showed insight.

 

Commissioner Meko stated it was not an action item but the Blue McCaw should be bought back before the Commission added possible conditions to their permit.  

 

Josette Marie stated she was the owner of the Blue McCaw and has owned the building for 11 years.   She added she rented the venue to two people who called the venue 12 Galaxy and had to evict the managers and has made peace with her neighbors towards the back of the venue.   She added she has done several events since she has reopened and has done many community and fundraiser events.    She added she has done her best to be a good neighbor community and they have not had a problem since these two incidents.   She added the requirements made since and she would make sure the security company is corrected and would polish the outside as well as the inside.  She added she wanted to take care of her business and make sure her customers were safe.

 

Commissioner Alan asked her in looking back at the two events that what would did she notice or could have done differently.

 

Josette Marie stated the first one was outside and she was unaware because it was outside and was aware of it until after the fact.  She added the second event she saw one person assorted out by the security and they told her he was a trouble maker and they escorted him out of the venue.   She added toward the end of the evening she did not know really more than that.

 

Commissioner Alan stated if she was going to be held responsible she needed to figure out how she was going to widen her view to anticipate potential problems.  He added when these isolate incidents happen they want her to be partners with SFPD and the Commission to anticipate these problems.

 

Commissioner Joseph stated were both securities’ her venue.

 

Josette stated the first one was not the second event.

 

Vince Mackey stated he was not part of Stow Security for the purposes of disclosure he would like them to know he was the Director of Security for Mayor Ron Dellums in Oakland and his personal body guard and owns a security company called VMA Security Group.   He added they were contracted by Personal Touch to add exterior security to the Blue McCaw.  He added Sgt. Gaines arrival at the venue was 2:20 A.M. and he and his team personally cleared the block by at 0200 hours and they were fully licensed credentialed BSIS certified security officers and he has 30 contracts to provide consulting and security services at nightclubs, restaurants and other venues.     He added he was fully ware and prepared to meet the requirements of the Commission on behalf of the Blue McCaw.

 

Lloyd Lewis stated he was with Personal Touch Entertainment has been producing events in San Francisco since 1998 and started doing comedy events while attending USF and it was his livelihood and he took pride in what he did and worked very hard at it fulltime.   He added as promoter he wanted to protect he club and make sure the patrons were safe inside and outside the club.  He added they were proactive at both nights the Glas Kat night they did shut their doors when aggressive patrons arrived.    

 

Mary stated she was the promoter for the Juicy event where the riot broke out on the 28^th of November.  She added she was able to contact permit officer Dempsky on Monday morning after the incident and gave him the account.  She added after speaking to him he asked her to send him a letter briefing him on the conversation on incident.

 

Commissioner Joseph stated she would love to hear her speak however; the applicant needed to address the issues because she is the owner and she ultimately was responsible and the Commission had no jurisdiction over promoters.  

 

Public Comment

 

Steven Lee the owner of Glas Kat stated their name has been mentioned several times this evening more so than he’d ever heard and 10 years according to the permit officer with problems with his club.   He added in 2000 it was the first year they opened and he started as a promoter in 1979 and has never been a club owner before after ten years of learning the process he tried to do his best of keeping the peace.   He added he kept close tabs on the people they worked with and a lot of the events are in-house and they were events outside that people brought to them.

 

6.      Police Department Comments & Questions.

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

 

No comments were made.

 

7.      Hearing and Possible Action regarding applications for permits under the jurisdiction of the entertainment commission.

 

a) Chaichana, Saranya, dba King of Thai Noodle House, 1268 Grant Street, Place of Entertainment.

 

Deputy Director Jocelyn Kane stated it was an application to add Karaoke and music to the ground floor only to the open space dining area. She added SFPD has recommended a denial based on a number of issues and there were several letters of support and staff recommends a conditional grant.

 

Marsha Garland stated she was representing the owner Anthony Chaichana.   She added there were three basic issues at hand one that there be a sound structure, a good security plan and the application be completed in full. She added all of the requirements have been accomplished.   She added the building has been beautifully restored to how it was in 1906 and the applicant would not jeopardize his sound investment.  She added there were several people were in support of the permit application.

 

Commissioner Joseph asked had the applicant seen the recommendations and reason for a denial.  She added the venue was cited for serving under aged, operating without an entertainment permit.    She added once they were cited without a permit did they cease operation of entertainment.

 

Mr. Chaichana stated he ceased operation.

 

Marsha Garland stated the issue central police station have brought up was Mr. Chaichana allegedly served alcohol out the window at the North Beach festival and Mr. Chaichana stated it was absolutely not true.   She added about having the private party without a permit there was a hearing and it was dismissed and does not exist.

 

Officer Mathias from Central Police station stated the issues they had with the restaurant were the ABC citation for alcohol being served to a minor and they agreed to make a payment in lieu of the suspension and no Entertainment permit.  He added he spoke with Stefano Castellano about the alcohol being served outside the window and he recently spoke to Officer Dudley who personally saw the incident and told them not to do it anymore and it was reflected in the cad report because he wanted a record.  He added there was a lot going on that day so there was no enforcement action taken but it did indeed happen.    He added on the application it asked if there were any adult entertainment within 1,000 feet and the answered “N/A” and “No” yet they are in a very short distance of multiple adult entertainment venues. He added another issue was they have not proved that they can contain the sound.    He added everything it the venue has been set up on the second floor geared up for Karaoke and the first floor was not set up for Karaoke.   He added those were their concerns and at this point they were recommending a denial.

 

Commissioner Alan stated the applicant is the owner of the building and is putting a significant investment in probably his fortune at risk.

 

Commissioner Meko stated that if he issues a citation it will send them on the path revocation of their permit.   He added the could not judge whether the applicant was truthful or not unless they are faced amount of evidence to the contrary and have to assume they are telling the truth and if not the first time they feature entertainment on the first floor he encouraged him to write them a citation. 

 

Officer Mathias stated they were strength then already to have to babysit the venue.

 

Officer Buckner with Mission police stated he had a history with the King of Thai Noodle Restaurant which holds a license for a location at 55 5^th Street which has had a history of challenges and it was déjà vu because the permit they are applying for with almost identical information being shared with the Commission and maybe there is an embellishment of the truth and no disrespect to the religious figures and Monks that were present but in all the inspections of the venue that has Thai cultural music it really was a nightclub and at no point did he ever see any of the Monks engaged in entertainment at the venue.   He added what he has occurred is Lloyd Lewis with Personal Touch Entertainment has partnered with the King of Thai noodle restaurant and have their own venues that have gone out of control.  He added the Commission should be aware of that fact and he did not know what was going to happen to the King of Thai Noodle Restaurant at 55 5^th Street but he looked forward to it moving along if that was going to happen.

 

Public Comment

 

Stefano Castellano stated he did a lot of the outreach for the venue and wanted to provide some clarity.  He added the manager at 55 5^th street was a man named Oiu and the permit was just issues and Mr. Chaichana just sold his interest in the venue.   He added the stage on the second floor has been removed he added if someone was serving food and wine outside the window they should be issued a citation.   He added the venue was a bona fide restaurant.   He added the issue has been created by the politics going on in North Beach. 

 

Officer Gary Buckner stated at no point did he ever require the King of Thai Noodle Restaurant to sign an affidavit that states that they would never use Personal Touch Entertainment.  He added the venue proactively agreed that they would discontinue their relationship with Personal Touch Entertainment.

 

Tony Gantner stated he has patronized the King of Thai Restaurant several times and they had a fine menu courtesy staff and extremely clean premises.  He added he has visited venues in the area.  He added he was the past president of the North Beach Merchant Association and its principle founder and he knew the area well.    He added most people understood there were serious problems on Broadway that should be

forcefully dealt with but Broadway was not relative to this application.    He added he has not seen a public safety problem with the venue. He added responsible live entertainment was one method of bringing more people and revenue into the area.   He added they needed to bring back the lively scene as long as they were good owners who were fully engaged with potential impacts on the neighborhood.   He added Central Police station needs to modify its thinking on this matter and the only challenge in this may be political but were no grounds for denial.

 

Kathy stated 55^th 5^th Street was the same King of Thai but a different corporation so it was not the same ownership.  She added there not that many places that Thai students could hang out and this would be another cultural place for Thai students to feel at home.   

 

Phil supports applicant but has concerns about the noise since his bedroom faces Grant Street and almost every Wednesday by the noise coming from two venues.   He added the noise level should be kept down and would like the applicants to take that in consideration.  

 

Nazarene supports venue to continue his operation and the venue was not another bar or restaurant and was intended as a place for cultural identify for the Thai community and for the younger people who come to the Temple.    He added the fabulous diversity of San Francisco would be enlarged by this business.

 

Richard a resident in the neighborhood has held a few events at the venue and enjoys the venue.

 

Danny has lived in the North Beach area for 35 years and works in North Beach and supports the applicants for their permit.

 

Public comment closed.

 

Commissioner Meko stated before the permit can operate they have to pass a sound test and adjust the volume and put limiters on the sound system so he did not hear the sound.

 

Commissioner Alan moved to conditionally grant the permit Commissioner Joseph second the motion.

VOTE:

AYES -, Commissioner Perez Commissioner Alan, Commissioner Cavellini Commissioner, Commissioner Joseph, and Commissioner Roja, Commissioner Meko and Commissioner Cavellini

NOES – None

Absent – Commissioner Newlin 

 

b) Smith, John, dba Union Square Sports Bar, 115 Mason, Place of Entertainment.

 

Deputy Director Jocelyn Kane stated entertainment is to include karaoke, occupancy is 88 Tenderloin police station has recommended approval with conditions.  She added staff is recommending a conditional grant.

 

Mark Rennie stated he was speaking on behalf of his client John Smith who has been on the 200 block of O’Farrell the owner decided to rent to someone else and he was forced to move.   He added they amended their application to add community outreach.   

 

Public Comment

None

 

Commissioner Meko moved to continue the item to the Commission meeting on January 5, 2010 Commissioner Alan to second the motion to enable the applicant to do public outreach and correct his application second the motion.

VOTE:

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

NOES – None

Absent – Commissioner Newlin and Commissioner Cavellini

 

c)Fong, Howard, dba Happy Lounge, 3745 Geary Blvd, Billiard Parlor/Mechanical

Amusement Device.

 

Deputy Director Jocelyn Kane stated Richmond Police station has recommended approval and staff recommends a conditional grant.

 

Howard Fong stated it was a simple bar with video games including a jukebox.

 

Public Comment

None

 

Commissioner Alan moved to approve Commissioner Joseph second the motion

 

VOTE:

AYES -, Commissioner Joseph, Commissioner Roja, Commissioner Meko, Commissioner Perez and Commissioner Alan and Commissioner Cavellini

NOES – None

Absent – Commissioner Newlin 

 

d)  Vinson, Gary Dean, BMGV, LLC, dba Atmosphere, 447 Broadway, Thursday December 31, 2009 (New Years Eve), 6:00 P.M. – 3:00 A.M. One Time Event permit.

 

Deputy Director Jocelyn Kane stated the applicant was before the Commission to stay open past 2:00 A.M. for a special event and New Years Eve.   She added Central police station sent back a denial and is being brought before the Commission on how to proceed.

 

Commissioner Meko stated with regard to the assertion to the police recommendations that this is conditional use he did not see any indication that is was a conditional use and if it was the item should not be before the Commission until conditional use has been heard by Planning.

 

Deputy Director Kane stated the question of rather a One Time Permit would require a conditional use authorization and she did not believe that it does and it was a temporary use.

 

Benet Montoya stated their main reason for asking for one hour was to provide a comfortable and safe environment for their patrons on New Years Eve with no ends and outs and the event is 80% presale with a very limited guest list.

 

Commissioner Alan made a friendly amendment 1) No exiting and re-entering during that evening 3) the tree scope entrance is functional the exiting be stationed rather than free flowing, 4 no patrons be admitted after 1:20 A.M., 5) the minimum security team shall be 15 individuals.

 

Public comment

None

 

Commissioner Joseph moved to approve the One Time Event permit to 3:00 A.M. with the friendly amendment of Commissioner Alan Commissioner Meko second the motion

 

VOTE:

AYES -, Commissioner Roja, Commissioner Meko, Commissioner Perez Commissioner Alan, Commissioner Joseph

NOES – None

Absent – Commissioner Newlin & Commissioner Cavellini

 

8. Report from the Ad Hoc Committee on Internet Integration on the status of on-line permitting system as mandated by the San Francisco Music and Culture Sustainability Policy. [Action Item]

 

VOTE:

AYES -, Commissioner Meko,, Commissioner Perez Commissioner Alan, Commissioner Joseph and Commissioner

NOES – None

Absent – Commissioner Newlin (absent at the time of the vote) Commissioner Cavellini

 

Commissioner Alan moved to continue item No. 8 Commissioner Meko second the motion

 

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

 

No comments were made.

 

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

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

 

Chair Roja suggested the applicants appear before the Commission after their event to discuss how the event worked out.

 

Adjournment.  8:26P.M.