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CALL TO ORDER

 

The Chair called the meeting to order at

5:07P.M.

 

ROLL CALL

 

Executive Director Robert Davis called the Roll. 

 

Absent at the time of roll call were: Audrey

Joseph.

 

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

 

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

 

Chair Roja moved item No. 6 up to item No. 2 on the agenda.

 

Public comment

None

 

Commissioner Alan agreed to move item No. 6 to item No. 2 on the agenda. Commissioner Newlin second the motion.

VOTE:

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

NOES – None

Absent – Commissioner Joseph

 

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.

 

Wilma Pang president of Pan Asian Entertainment and co-founder of A Better Chinatown Tomorrow requested a waiver of for series of music events they are partnering with Chinatown Merchants.

 

Richard Ou a resident of Chinatown and supports the event and feel it will add more tourist.

 

Janet Clyde a resident and small business owner in North Beach and a member of the Small Business Commission.  Requested the commission develop criteria for street performances that are streamlined and at reduced cost for local businesses and neighborhood groups.

 

Public Comment closed.   

 

Item No. 6 becomes item No. 2

 

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

[Action item]

 

a) Veronese, Gian-Paolo, dba Taverna Aventine, 582 Washington, Friday, September 25, Friday, October 2, Wednesday, March 17, 2010, Wednesday, May 5, 2010, and Wednesday, July 14, 2010, 5:00 pm - 11:00 pm, Loudspeaker permits.

 

Deputy Director Jocelyn Kane stated the applicant is one the owner of the restaurant adjacent to Hotaling Alley, between Washington and Jackson Streets, and has (or will be obtaining) an ISCOTT-approved street closure for each of the dates listed above. Loudspeaker Permits have been issued in the past to 10:00 P.M. only. Staff is not aware of any sound complaints from past events in this location. Applicants has requested to bundle these dates for efficiency. SFPD has provided at least 1 10B officer during these events, based on the consumption of alcohol in the closure area. Central Station has send approval for only September 25^th, 2009. She added staff recommends granting this permit, preserving the right to make amendments if complaints are generated.

 

Gian-Paolo Veronese stated they had a hearing at ISCOTT and the other four dates were approved but they never received the approval from ISCOTT.  He added it would be based on the approval.

 

Officer Scott Gaines from Central Police station stated they were going to do a conditional approval pending the ISCOTT on the remaining dates and they have approved September 25, 2009. He added they would like to see a security plan in place and he has spoke to the applicants.

 

 

Public Comment

None.

 

Commissioner Alan moved to approve the September 25, 2009 permit unconditionally and the other remaining four dates conditionally upon receipt of the ISCOTT permit and have a security plan worked out in conjunction with the permit officer and Director. Commissioner Newlin second the motion.

VOTE:

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

NOES – None

Absent – Commissioner Joseph 

 

b) McWilliams, Gabriel, Jimenez, Xavier and Baumbach, Chadwick, Hawthorne Entertainment Group LLC, dba VIA, 449 Powell Street, Place of Entertainment/Extended Hours Premises.

 

Deputy Director Jocelyn Kane stated the item was before the commission previously the application was submitted at the end of April 2009 for the multi-level space that use to be known as the Press Club at Powell and Sutter near Union Square.   She added the plans were for a multi-level venue with a nightclub and lounge.  She added they have a type 48 Liquor license is pending and business operation hours are from 4:00 P.M. to 4:00 A.M.  She added since the first hearing there were a number of letters sent to the Commission in support and opposition of the application.    She added the initial posting for the application was dated on April 29, 2009 and was reposted three more times for August 18, 2009, September 1, 2009 and September 15, 2009.  She added Central Police Station remains in opposition and has sent a couple of memos regarding their concerns that include off street parking capacity and sound proofing and building capacity  numbers and neighborhood outreach and the posting.  She added at this time staff has no recommendation.

 

Kristen Techel stated she was from Hinman & Carmichael representing Hawthorne Entertainment Group along with the principals of Hawthorne Entertainment Chadwick Baumbach and Xavier Jimenez,

Gabriel McWilliams.  She added the were present to request a Place of Entertainment and Extended Hours permit for 449 Powel Street and  521 Sutter.  She added it was a tremendous opportunity for San Francisco the space would be designed as a two-story multi event space that would have the capacity to handle events ranging from live jazz music, opera DJ and fashion shows, comedy and spoken word and it would currently take a space that was currently vacant and completely renovate into a upscale nightlife venue in San Francisco.  She added it was located in the heart of the commercial and tourism district.  She added they were excited about bringing it back to historic relevance as a center of entertainment for San Francisco.  She added they were asked to come back to the commission with a plan that addressed specific details.

 

She added community outreach has done an extensive outreach and hosted an event at the space on July 9, 2009 local businesses and sent out invitations to all residents that were within 500 feet.  She added they had over 115 + attendees and got a very positive response that was well received with a total of 177 letters of support of the project.

Kristen Techel added they have posted three times for continuances that were posted on both doors presented three pictures of the postings for nearly 60 days and the neighbors should be well aware that they were moving forward and given an opportunity to comment.   She added they have hired Charles Salter & Associates for sound proofing and has a plan for the facility to create sound that was inaudible.   She added sound proofing was a priority even if it meant sacrificing some of the character of the space.    She added with a capacity under 600 they were expecting capacity to be 580 from the buildings architect and they felt there was adequate parking in the neighborhood and there were three 24/7 public parking garages about a  block in block radius of the premise and public transportation was centrally located in the area.

 

Kristen Techel added security and crowd control was their biggest priority and they developed a comprehensive security plan and at all times there would be an outdoor roamer stationed with the responsibility to make sure the premise is secured within 100 feet of both entrances and helpful with line control and noise control.   She added the extended hours they were applying for would help with egress by allowing them to stager exits of patrons.   She added it was a great project and a great opportunity for San Francisco and the neighborhood and would attract great entertainment talent to the city and great cliental as well as the additional security on the street will increase neighborhood safety.  She added it turned a vacant space into almost million dollars of initial tax revenue for the city of San Francisco and 50 to 80 employment opportunities for local residents and additional revenue to the neighborhood businesses. She added the applicants were team players, experienced and were ready to work with the community.

 

Captain James Dudley with Central Police station stated they continued their objections.  He added he agreed with the presentation that they did need good business in the area that would not call for increased calls for police services, calls that range from noise complaints to club violence. He added a venue of this proposed size would have a large impact on very densely populated area.   He added until proved otherwise he did not believe otherwise the premises located at the proposed site for VIA was able to contain noise and music as described in the Good Neighbor Policy.   He added to date no work has been done and the historical landmark status may prohibit construction.  He added any license granted for what would be a virtual standard that may not be able be met.   He added he heard for the first time tonight the capacity of 540 at one point they heard it was approx. 300 and now the application say 598, 299 on each of the two floors and at this point he did not know what occupancy level they were going for and it was important.  He added he objected to the extended hours beyond 2:00 A.M. due to the proximity to 100’s of room occupants in five hotels within 1,000 feet and several private residents in the area as well.   He added there were no adequate parking accommodations on the street for the anticipated capacity.  He added if a permit is granted a contract should be required for local garages to ensure that adequate off-street parking is available.   He added the ABC type 48 they were applying for was not desirable it was a bar nightclub type ABC license.  He added the security plan should include that club management strives for full capacity on every given night and security should be staffed based on that rational as the law states and emphasize that searches be done on everyone that enters the club if searches are part of their policy.  He added any patrol special officers hired for these events must be bona fide beat officers for the area.  He added line control could not be accommodated based on the fact that the doors at both entrances would not allow people to stand in line without blocking the sidewalk or doors of the adjacent businesses.    He added at some point he would like to see his initial objections from the first hearing that Commissioner Alan had him categorically address and see if they have been addressed in the application.   He urged the Commission to listen to the community that actually lived in the area.

 

Kristen Techel stated there was a photo of the external view of the building and in term of line control they were working with the building ownership as well as Walgreens to make sure the lines were going along that frontage and would run along there without disrupting any entry ways.  She encouraged the Commission to look at their security plan and judge for themselves and their sound proofing and it was unfair to the applicant to judge them based on the fact that work has not been done.   She added occupancy was final at occupancy of 580 from the building architect that conducted the renovation for seismic retrofit.  She added they did a chart of the hours parking restrictions on the neighboring blocks.

 

Commissioner Meko stated occupancy would ultimately be determined by the Fire Department and which is why the nature of the entire discussion is upon possibly granting the applicants a conditional permit and would only become effective after they have satisfied all of the other sign offs and sound abatement be met by Sound Inspector Vajra Granelli.   He added there was nothing in the police code which would allow the Commission to deny application given the possibility that there would be more violence outside the venue.   He added would it be of some benefit to the applicant if they met with him and make alterations to the project.

 

Captain James Dudley stated he was correct but it was in the Commission’s purview to make sure it was a manageable size project. He added if they met community representatives as well as him Officer Gaines it would definitely be a benefit rather than the application they presented tonight.

 

Public Comment

 

Daisy Macarthur resident in the neighborhood for 28 years and believed there were enough establishments in the area with ABC licenses.   She added she was a nurse and home care worker.  She added she added there were many elderly people in the area that could not sleep and felt it would be a negative impact on there neighborhood.  She asked the Commission to think twice about permitting the venue. 

 

David Overdorf stated he was the Chair and president of Greater Nob Hill Inc.  He added he supported the facts in findings presented by Captain Dudley because in the end it should be about the facts and findings before granting or denying a permit.     He added it was an old land use issue and you had to be somewhat flexible.  He added they have the highest density residential neighborhood in the city.   He asked the Commission to respect the neighborhood saturation was saturation he added every Friday and Saturday night the police were not able to respond to the calls.  He added he attending the meeting July 9, 2009 which was very pleasant but nothing was discussed about the occupancy level traffic and all the other issues and was hearing it for the first time today.

 

West Tyler General Manager of the Chancellor Hotel at 443 Powell speaking about 449 Powell.  He added he was the board president for the Union Square Association and on the board of the hotel council and was speaking on behalf of the Chancellor Hotel. He added he was starting his 17^th year at the Chancellor Hotel and he thought the project fit in the Union Square area and provides a nightlife option that was underserved.   He added it was an empty building and was an eyesore he met with principals and toured the project and went to the opening and there were many people in the public affairs that supported the project.   He added if he felt the project would be a negative impact he would be the first one to stand up and say no.   He added he thought it was a great project and hoped the Commission was in support of the project.

 

Lexus Alison stated he was involved in entertainment industry as an event producer, and a venue operator since 1984. He added he operated the DNA lounge back in 2000 through the end of 2007.  He added he worked with the applicants on over 200 events they produced with them and during that time they had the least number of service calls. He added after working for many years with the applicants he knew that they completely understood the Bay Area and knew the promoters and knew every aspects of the industry and were not going to invest tons of money to bring in tons of problems and they knew how to avoid the problems.   He came to speak on their past and not the promises of their future and during the past they had an amazing track record.

 

Robert Garcia stated he was with Save Our Streets presented photographs of the postings of 449 Powell.   He added it had to be re-posted three times and each time it was put back in the same place four feet inside the door and posted on a door.   He added thee were only three legal parking places the rest are red zones and white zones and yellow zones for delivery.   He added they had more clubs than they could handle now all night long they had traffic coming from Union Square going over to Polk Street and now there were four more clubs proposed for their neighborhood.   He added it had to be stop there were thousands of people that live in the area that will be affected.  

 

Philip Gums owns and operates a venue at 323 Geary Street venue and when they heard about the project he and his partners were excited about the project and attended the July 9, 2009 meeting and saw the floor and business plan and thought it would add a lot to the area and there was parking in the area and felt they would be a great part of the neighborhood. 

 

Eric Robertson stated he was with Fine Line Group the general contractor and construction manager working with Hawthorne Entertainment Group on their project.   He added they have a business in the Union Square area and have built over 100 high end retail and restaurant establishments in the Union Square area. He believed in respecting the needs of the residents but also believed that the Union Square area was a central business district and there was also a place for nightlife in the area and it would be a compliment to the commercial aspects of Union Square during the day.    He added he

 

Scott Fairbanks stated he lived right next door to 449 Powell and he lives at 435 Powell Street and as far as he knew he was the only residential building within a two block radius of that building.   He added living at Union Square was a vibrate area full of life and it was the closet thing he had to New York City. He met with the people and toured the project and would like to see the project go forward.   He added he was confident the applicants would do what they said they would and looked forward to having it there for him to enjoy.

 

Donald Whitton stated he submitted a letter to the Commission on behalf of his home owner’s association a building of 18 condominiums two blocks from Powell.  He added many of the owners lived were they did because of the lively location but they felt they were entitled to a few hours a night of peace and quiet.  He added Friday and Saturday nights were very challenging.  He added as much as they favored a lot of things in the area they felt extended hours permits benefit a few people at the expense of many people both renters and owners.

 

Public comment closed.

 

Commissioner Meko asked had staff seen the postings in real life. He added in his opinion they appeared to be adequate and did they satisfied the requirements of the law.

 

Executive Director Robert Davis stated he met with the City Attorney to determine and the fact that the posting was in an inset area they asked the applicant could they post it in any other place and they said there was no other place they could post it and the Commission had the discretion if the intent was being met.   He added it seemed to him that the attempt of notification was being met.

 

Commissioner Alan stated he had observed the postings and they were visible from his vehicle and he was satisfied as a commissioner that he has viewed the postings and they were adequate and there was no other place they could have put the posting.  

 

Commissioner Newlin stated he would like to continue the item based on the occupancy level that would be set by the Fire Department.

 

Commissioner Alan agreed with Commissioner Newlin and felt the occupancy really is one of the key issues on which the entire thing hinges.   

 

Commissioner Meko stated there was a lot of lack of communication and there were a lot of important issues raised by Captain Dudley which he feels there are answers to most of them.  He added his inclination given the parameters of 1060 would favor the application but not until they have met with Captain Dudley and identified all the issues and sought to find solutions and altar their application to met some of the issues.  He added he would hope the Commissioner would consider attaching a requirement that they engage in a dialog with Captain Dudley and his staff and continue it to the call of the chair.

 

Commissioner Alan asked the applicant to describe how they have come to not meet with the Captain or what were their plans of meeting with the Captain or his designee?

 

Kristen Techel stated they extended an invitation to Captain Dudley for the initial community outreach meeting that was held and he did not attend or get back to them. She added they were very interested in working with SFPD and making sure they were opening a safe venue.   She added he did put his concerns on record at the previous hearing and they sent out revised application materials that addressed all the concerns that were mentioned.  She added and they believed they had addressed today the additional issues that were brought up today.    She added the issue of occupancy kept coming back which is as discussed was very sticky but the occupancy in this particular case was based on the egress and there are staircases in the building that were non-modifiable and they limit the egress beyond what the square footage would allow.  She added the number was not going to be flying off into the universe the occupancy is 580 based on the width of the staircases.

 

Commissioner Meko moved to continue the item and ask the applicants engage in a dialog with Captain Dudley and his staff regarding objections that he has raised and do their best to meet the objections before coming back to the Commission.  He added it should be continued to the call of the chair.

 

Commissioner Newlin second the motion.

 

Commissioner Alan cautioned the Commission in characterizing their approval based on a meeting unto which they had no control and insure that they have an outline for success for SFPD who will have an ongoing relationship with this venue, the neighbors and the venue itself.    He added so that they do not create and endless loop of continuances and postings and so there is a way the applicant can engage SFPD and come back to the Commission either with complete resolution or with identified list of things that are resolved in those that cannot be resolved.  He added the Commission should be very clear that it is their intention to see successful partnerships be built with entertainment venues, SFPD and the surrounding neighborhoods.   He added the intent to continuing is to reach resolution and not simply delay the applicant.

 

Commissioner Meko stated he was not asking the applicant have a meeting a dialog could be a series of meetings and an exchange of emails or a meeting.  He added he favored approving the applications but he felt there were very legitimate issues that have been raised and a better effort could be maid to satisfying those issues and will leave it to the discretion to the chair.

 

Public Comment

None

 

Commissioner Meko moved to continue the item contingent upon the applicant, Captain Dudley and his staff engaging in a dialog to address the concerns that the captain has raised and the continuance be to the call of the chair Commissioner Newlin second the motion.

VOTE:

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

 

NOES – None

c)     Siripranet, Yuthana, dba King of Thai Noodles, 55 5th Street, Place of Entertainment.

 

Deputy Director Jocelyn Kane stated it was an application for a place of entertainment occupancy at 233 people and has Type 47 ABC license Security plan indicates that applicant will be hiring outside security (Cairns Group) and will be maintaining required rations of security to patrons. There are attached letters of support from the President of the Hotel Milano, (within which the restaurant is located), and the Alliance for a Better District 6. SFPD Southern Station has recommended approval with conditions, including disallowing anyone under 21 years of age during public entertainment, and a 50:1 ration of security at all times.   She added staff recommends a conditional grant.

 

Marsha Garland stated she represents Garland Public & Community Relations.  She added it was nice upscale Thai restaurant in a lovely hotel Milano with a letter of support from the management of the hotel.   She added the structure was sound and they have met regarding security and the permit was to provide happy hour with Karaoke which is Thai Asian tradition and it would be complimentary to the guest in the hotel.  She added there would be no big parties or outside promoters.  She added they had a good relationship with the hotel and did not want to jeopardize it.

 

Public Comment

 

Paul Kimura stated he was a musician for the Milano Hotel and happy hour music from 6:00P.M. to 10:00 P.M.

 

Stefano Cassolato with Garland Public Relations and he did some of the outreach for the project.  He added the applicant was sincere and committed to do the right thing and he contacted Southern Police station and they had some concerns that were justified no big parties and to be careful about outside promoters. He added the applicant would have a limited scope of entertainment.  He added he supported the permit.

 

Public comment closed.

 

Commissioner Alan asked why the venue did not allow for 21 and under unless entire premises was rented for a party with no entry fee cover charge of ticket is required. He added the City & County of San Francisco through its Youth Commission repeatedly exercises its concerns around the absent of legal and safe venues for young adults under 21. 

 

Sound Inspector Vajra Granelli stated he could not speak for Southern Police station but from experience with this particular venue in the past there were incidents of underage drinking and probably was some of the motivation.

 

Marsha Garland stated they met with Officer Buckner and the Captain and there was an incident a year ago without knowledge to Mr. Ou he allowed an outside promoter to come in and he created a problem.   She added they never discussed the issue of age restrictions.

 

Commissioner Meko stated he agreed with Commissioner Alan regarding the prohibition on under 21 the likelihood of them drinking is an issue between them and the ABC the behavior of the crowd did not change that much rather there over or under 21.  He added as long as they had the proper security in place and the proper ABC permits that allow underage and strikes that condition and approved the permit with the elimination of condition No. 2. and to refer to the Entertainment Commission’s Good Neighbor Policy.

 

Commissioner Alan second the motion with a friendly amendment that the permit be granted with a security ratio 50 to 1.

 

Public comment

No public comment.

 

Commissioner Alan moved to approve with a security ratio to 50 to 1 Commissioner Meko concurred with eliminating condition number 2. and referring to the Entertainment Commission’s Good Neighbor Policy

 

VOTE:

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

NOES – None

Absent – Commissioner Joseph 

 

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

 

Deputy Director Jocelyn Kane stated 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 recommends approval with conditions, including requirement of glass doors on all karaoke rooms, specific hours of operation no later than 10pm on weekdays and midnight on weekends, no ABC license may be applied for at this location, and police inspection rights to the entire building. She added staff has no recommendation at this time.  Staff has been working with Supervisor Mar’s office on a possible amendment to the Police Code section below to clarify requirements regarding Karaoke rooms.

SEC. 1060.10.  BOOTHS.

It shall be unlawful for any person operating a place of entertainment under the provisions of this Article in the City and County of San Francisco, or any agent, employee or representative thereof, to erect, construct, maintain, or cause or permit to be erected, constructed or maintained, within such place of entertainment any private rooms, booths, enclosures or compartments, or any closed stalls, or any alcoves of any nature, so arranged that the inner portion of the same shall not at all times be visible from any point in the place of entertainment where such rooms, booths, enclosures, compartments, stalls or alcoves should be reasonably within view.(Added by Ord. 140-70, App. 4/28/70)

 

Executive Director Robert Davis 1060.10 was written in 1970 and it was the intent to ensure if there were lap dancing and things of that nature there were visual lines of site.  He added as the karaoke business has increased the trend has been to use rooms and there has been concerns by the police that criminal activity could take place there. He added each prescient has different requirements on how the visibility would be achieved.  He added Supervisor Mar wants to work with the Commission and the City Attorney to develop a standard that was universal and the process has just begin and it would amend 1060 .10 for universal guidelines.

 

Philip Chin stated him and his partner Barry Yeung, stated they currently employ over 80 people in San Francisco and were looking to employee more.  He added have done extensive outreach to the Police Department and the community and had 31 support letters from merchants and neighbors.   He added they were opposed to the police recommendation on the hours of operation.

 

Scott Gaines stated one of the things they discussed was the police coming into the venue and being able to see what is going on in the room.   He added they came up with at least the top half of the door was able to be seen and it would sway crime, drugs and prostitution.   He added he was glad that it would be uniformed because they would start to have more venues.

 

Ms. Choy stated the area was very busy, and there is noise in the area and drunken people yelling on the street.   She added there were guns shots in the area and it was dangerous for the kids in the neighborhood.  She added she passed by the bar and was approached by drug dealers.   She added there were enough venues in the area.

 

Dillon Hunter lives at 620 Clement and has been a resident for 13 years.  He added the front house is living room and the back of the house were the bedrooms.  He added the proposed Karaoke lounge would be next door to them and he was concerned about noise coming from the venue specifically after 10 P.M.

 

Phillip Yeung stated he owned a café around Clement Street and has known owner for a long time and supports the venue.

 

Mike Lin stated he owns a restaurant on Geary Street and has known applicant for a long time supports venue.

 

Public comment closed.

 

Commissioner Alan stated Officer Gaines proposed a compromise on a door arrangement that would enable the police department to do their job and provide a certain amount of privacy in the rooms.

 

Officer Scott Gaines stated that17x30 for the whole window was the compromise.

 

Commissioner Meko moved to continue the item.

Commissioner Alan asked what his reason for a continuance.

 

Commissioner Meko stated he raised the issue of a continuance to give Richmond Police station an opportunity to work with the applicant and come back to the Commission with a recommendation.

 

Commissioner Newlin moved to approve with the agreement of 17x30 windows on the top half of the door Commissioner Alan second the motion

 

VOTE:

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

NOES – None

Absent – Commissioner Joseph 

 

e)     Nugent, Connor, dba Mayes, 1233 Polk Street, Place of Entertainment.

 

Deputy Director Jocelyn Kane stated the applicant was before the Commission previously under a different name.  She added Northern police station is recommending approval with their standard conditions including entertainment ending at 1:30 A.M. and their primary business shall be food service daily.  She added staff recommends a conditional grant of the permit.

 

Connor Nugent stated the venue has been there for many years and has changed hands for many years and they were brining it back to the standard oyster bar.  He added they intend to have DJ’s t and dinner 11:00 am to 11pm seven days a week. 

Commissioner Meko asked had the applicant met with the neighborhood associations.

 

Connor Nugent stated they have had several people come in during the construction and commented on economically pleasing the menu was as well as the variety.

Public Comment

None

 

Commissioner Newlin moved to approve with Commissioner Alan second the motion

VOTE:

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

NOES – None

Absent – Commissioner Joseph 

 

Public Comment

None

 

f)       Yamada, Shogo, dba Yamasho, 1161 Post Street, Place of Entertainment.

 

Deputy Director Jocelyn Kane stated it was a Japanese restaurant with a bar and Karaoke rooms in the basement.   She added regular restaurant operations are planned everyday and entertainment from 5:00P.M. to 2:00 A.M.   She added Charles Salter has been obtained to soundproof the business and no alcohol service will be provided to any of the rooms with patrons under 21 years of age and security cameras will be installed in each room to be monitored.  She added staff recommends a conditional grant.

 

Momie Belomo stated she was a project manager who worked for a construction company.  She added the owner of the building has owned a restaurant in Japan town for 20 years and he has made a great contribution to the Japanese’s community as well as San Francisco serving great Japanese food and the project would be a great addition to the area.

 

Public comment

None

 

Commissioner Alan moved to approve with the condition the karaoke rooms have clear unobstructed windows, monitored camera while the room are occupied and the recordings kept for 90 days and alcohol not be permitted in rooms were minors are present and  security meet the requirements of 1060 Commissioner Newlin second the motion

VOTE:

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

NOES – None

Absent – Commissioner Joseph 

 

g)      Sanchez, Christina, University of San Francisco, Benedetti Diamond Baseball Field,  “Jammin’ for Justice” concert, September 26, 2009, 12 noon - 6:00 pm, Loudspeaker permit.

 

The application was withdrawn.

 

h)      Cochnar, Juliana, Beats for Boobs, 111 Minna Street, Friday October 23, 2009, 5:00 pm - 11:59pm, Loudspeaker permit.

 

Deputy Director Jocelyn Kane read the   applicants applied for a loudspeaker permit to amplify voice and music on Minna Street between 2^nd and New Montgomery, adjacent to the 111 Minna Gallery. There is an ISCOTT-approved street closure for this event. This is the second year for this fundraiser raising money for breast cancer research. This outside event is created in conjunction with the event going on until 2AM inside the 111 Minna Gallery.  Southern Station has not responded to this request at this time. She added staff recommends granting this permit including the condition that the permittee is required to reach out to any hotels in the adjacent area and give them a phone number they can call if they receive any complaints.

 

 

Katherine Vicker stated she was one of the executive members for Beats for Boobs a breast cancer for non profit that educates the community on breast cancer through a cooperative celebration of art, fashion, food and music.  She added it was their 6^th year of doing their annual fundraisers with 111 Minna and has raised $50,000.00 through their efforts and the proceeds went to and national and local breast cancer organizations.  She added every year the event has grown and this was the first year they have done on a Friday night and with break-dancer and fire dancer perform at the to the event.  

 

Public comment

None

 

Commissioner Newlin moved to approve Commissioner Alan second the motion

VOTE:

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

NOES – None

Absent – Commissioner Joseph

 

3. Review and possible action to review and change the conditions of the Place of Entertainment permit for The Bar on Church located at 198 Church Street,
   San Francisco, CA 94114.  [Action Item]

 

Executive Director Robert Davis stated the item came before the Commission earlier in they year when the bar opened they reported back to the Commission there have been some complaints.  He added inspector Granelli worked with the owner and the complaints diminished then complaints arose again from neighbors.  He added they contacted the owner and he has been in the process of mitigating the issue. He added there has been process.

 

Greg Bronstein stated in or about mid May of 2009 it was clear they still had some noise seeping from the building, he added working with Sound Inspector Vajra Granelli and his contractor and his sound technician they made several adjustments.  He added they sealed the doors and put gaskets on the inside and outside of the doors and built and interior two foot wall inside the exit door were the sound was seeping and added insulation.  He added they installed sound curtains and limited the sound system.   He added he had minimized the sound issues from his perspective.

 

2. Review and Approve the minutes of  July 21, 2009 and August 18, 2009.[Action Item]

 

Commissioner Alan moved to continue the minutes until they had the appropriate Commissioners to vote.

 

Public Comment

None

 

Commissioner Alan moved to continue the minutes to the October 6, 2009 Commission meeting on Commissioner Newlin second the motion.

VOTE:

AYES - Commissioner Newlin Commissioner Meko Commissioner Roja and Commissioner Alan

NOES – None

Absent – Commissioner Joseph 

 

3. Report from the Executive Director. Neighborhood issues in North Beach and Mission District. Vajra Granelli report on recent venue sound inspections and report of activities by staff. [Discussion]

 

Executive Director Robert Davis stated he has been working with neighbors in the Mission area particularly around Circolo and the 16^th street corridor as a result of some of the complaints for the posting for Powell Street a complaint was registered with Sunshine and he was working with the City attorney to address the complaint and will keep the commission informed.

 

Sound Inspector Vajra Granelli reported the following:

 

Cigar Bar - visited some of the residents in and around the Cigar Bar and process moving forward and they have been trying to control the amount of people on their patio and have hung sound curtains and have kept their doors closed.

 

ICON Case is pending no comments at this point.

 

Skips Tavern There are continued problem in that area they have done a tremendous amount of sound proofing and they were looking to see if they would receive any further sound complaints since the work has been done.

 

Commissioner Meko asked about the issues with Holy Cow.

 

Executive Director Robert Davis stated Holy Cow met with Southern Police station and they resolved there issues to their satisfaction and they withdrawn their concerns and they have met the standards and there were no new conditions. 

 

Commissioner Meko asked the status of revisions to Police Code1060 and 1070.

 

Commissioner Meko stated Supervisor Chu had some minor suggestions that went to City Attorney Paul Zarefsky ions and it will go back to neighborhood operations the earliest would be the 28^th but the Board of Supervisors had not calendared the item and he had not seen any provisions and it

was still pending.

 

Commission Meko asked the Director to distance the commission from the discussions from the Mayor’s Office because the Commission has not taken a position on the legislation.

 

Executive Director Robert Davis stated he has not stated to the press on any position the Commission had taken on any of the proposed amendments from president Chu of the Board of Supervisors.  

 

Commissioner Meko asked was it accurate to say the Commission does not have a position on the on the legislation that is currently before the Board of Supervisors.

 

Executive Director Robert stated the proposed amendments have not been acted on by the Commission and they do not have a position on the amendments.

 

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 Scott Gaines from Central Police station reported on the following problem venues:

 

Sugar Café Ongoing noise complaints and unruly crowds there was a stabbing a few weeks ago.   He added he contacted the owner and he was not notified by his staff which was unnerving and security did not notify the police.  He added there was some projecting image that goes onto the street and neighbors have complained. He requested a copy of their security plan to make sure their security plan to make sure their security personnel were guard card and LEAD trained.

 

Club Suede Noise complaints, fights are an ongoing problem requested a copy of their security plan and make sure their security are guard card and LEAD trained as well.

 

Vessel Fights with regards to patrons and there were rumors of new owners.

 

Condor Noise complaint the business is leaving large windows open in the middle of the day up until late afternoon and the complaints have come from business along Columbus avenue and along Broadway until 11:30 PM.

 

Cigar Bar No new noise complaints to date.

 

Impala Requested update on the conditions request they supply their new security plan.

 

Club L’Amour Requested the final status request them back for update.

 

Dirty Martini Fights, vandalism, they are undergoing construction inside the premise.

 

Atmosphere Two females got into a fight over a stripper pole and one female was arrested for assault same evening altercation with a police officer in regards to the previous mentioned fight resisting arrest and possession of drugs and battery on a police officer.  He added the venue hosted 911 party and there were with no incidents.

 

Officer Scott Gaines suggested since they were doing modifications to 1060 and 1070 they should do modifications to 1060.10 with the booths to make it one clean package since they are in the process.

 

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

 

Chair Roja thanked Officer Gaines for his feedback it helped out with the Karaoke case.

 

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

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

 

Chair Roja stated Impala and Club L’Amour are to come before the Commission on the next agenda.

 

Adjournment.  8:10 P.M.