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CALL TO ORDER

 

The Chair called the meeting to order at 5:12 P.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:

 

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 July 21, 2009, August 18, 2009 and September 15, 2009 & October 6, 2009. [Action Item]

Public Comment

No public comment.

 

Commissioner Alan asked to bifurcate the approval minutes Commissioner Joseph second the motion.

 

Public comment

No public comment.

 

Commissioner Alan moved to approve the minutes of July 21, 2009, Commissioner Joseph second the motion.

VOTE:

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

NOES -None

Absent - None

 

Public comment

No public comment.

 

Commissioner Alan moved to approve the minutes of August 18, 2009, Commissioner Joseph second the motion.

VOTE:

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

NOES -None

Absent – None

Abstain – Commissioner Meko

 

Public comment

No public comment.

 

Commissioner Alan moved to approve the minutes of September 15, 2009, Commissioner Meko second with some minor corrections the motion.

VOTE:

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

NOES -None

Absent – None

Abstain – Commissioner Joseph

 

Public comment

No public comment.

 

Commissioner Alan moved to continue the minutes of October 6, 2009, Commissioner Newlin second the motion.

VOTE:

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

NOES -None

Absent – None

Abstain – Commissioner Joseph

 

3.      Report from the Executive Director. L’Amour, The Cellar, Club Suede, report on conditions for Impala, and report on South of Market activity and Club 181.  Vajra Granelli report on recent venue sound inspections and report of activities by staff. [Discussion]

 

Vice Chair moved Item No. 3 to follow item No. 6.

 

Public comment

No public comment.

 

Commissioner Joseph moved item No. 3 to follow item No. 6 on the agenda Commissioner Alan second the motion.

VOTE:

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

NOES -None

Absent – None

4. 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 with Central Police station stated the following:

 

Sugar Café and the Cellar.  There are continued problems with unruly crowds working with the owners of the establishment.

 

Club Suede 383 Bay Street. Noise complaints continued. Sound Technician Vajra Granelli is working with the person who has the ongoing complaint to come up with a solution.

 

Club Vessel, 85 Campton Place.   Fights with the patron’s graffiti and traffic congestion during the day with regards to deliveries and alley parking.

 

Impala Club. No new incidents request status of new ownership.

 

Club L’Amour, 600 Jackson Street.  No new incidents, report pending of venue’s capacity and a security plan.

 

Atmosphere, 447 Broadway. In the process of getting their complete security plan. for Request a copy from the Commission. 

 

Otis Lounge, 25 Maiden Lane.  There was a recent stabbing outside the venue and a fight involving the owner.

Incidents of Note. Kearny and Clay Street 10.9.09, traffic stop, male arrested for possession of a firearm.  He added they were seeing a flex of violence in that area.

 

Otis Lounge, 25 Maiden Lane. Unknown suspect stabbed a patron who attempted to enter the venue.  The patron as under age but knew someone in the club that would let them in.   He added the patron was met at the door by the security owner and the suspect. The altercation started out verbal but became physical when the owner punched the victim, fight followed and the patron was stabbed by one of the suspects.   Request a review by the Commission for a security plan and the ownership for taking an active role into instigating a fight at their club.  

 

Little Darlings, 312 Columbus.  10.10.09 a fight between two females, suspect fled the area. 

 

Club 443 Broadway.  10.10.09, fight between security and a male patron, patron was unruly escorted out by security and at the door the suspect hit one of the security guards in the face.

 

Broadway and Montgomery 10.10.09.  A patron at Cable Car Pizza saw two males beating up another male and shattered the windshield to her vehicle and suspects fled the scene.

 

Kennedy’s Pub, 1040 Columbus. He and Captain Dudley saw several patrons on the Columbus side patio drinking alcoholic beverage at an unlicensed area of the establishment and they were sited for an ABC violation.

 

Columbus and Vallejo Street. On 10.10.09 Motorist stopped for traffic violation and was arrested fir driving under the influence.

 

Broadway and Columbus.  On 10.11.09 male arrested for crossing against a red light and was almost hit by a passing vehicle. He was cited and arrested for under the influence and battery against a police officer.   He added the last incidents were to give the Commission an idea of what happened on a daily basis on Broadway.

 

2237 Powell Street.  The applicant submitted an application to the ABC for modifications to their conditions and was signed off on.  He suggested they come back to the Commission for approval.

 

Legislation 1060.10.  Requested to have language cleaned up to have the language consistent city-wide.

 

Bachelors of San Francisco.  Entertainment venue at the 100 block of Maiden lane, 600 plus with 10B officers, $60.00 entrance fee and the event went passed midnight with no valid liquor license.  He added BBC Catering stated it should be covered under their catering license but per ABC it was not.  

 

Commissioner Joseph stated the Commission did not permit Little Darlings at 312 Columbus and it was not relevant to the Commission.

 

Commissioner Meko asked if there were other police districts that they would get similar reports or was it central to their district and was it typical or business as usual in a metropolitan area.   He added was there some overall conclusion he was leading too with amalgamation of the events.

 

Officer Scott Gaines stated he would hope the Commission would but under Captain Dudley he wanted to make sure the Commission was informed on what was happening especially on Broadway and Columbus to show a greater picture what was going on out there.  He added in that area and he would not say it was a norm and the point was to give the Commission an overall picture and if it had a direct correlation to a club bring it to the Commission’s attention to take action and have a brainstorm between the police department and the Entertainment Commission to have a positive relation between the two.

 

Commissioner Meko stated it would be a lot more useful if he put a detailed report into writing and present it to staff and hit on the highlights at the meeting and allow staff to respond with follow up to this to tone down the drama and amp up the problem solving part of it.

 

Commissioner Alan asked was the Bachelor’s of San Francisco in a permitted venue or was it a one time event.

 

Officer Gaines stated it was a one time event and they failed to get a one day liquor license.

 

Captain Jim Dudley, Central Police Station.  He added every Monday morning they got the reports from the weekend and they are faxed to the Commission.  He added the drama was a reality that happened in a high concentrated area were the Commission has granted licenses.  He added the reason for the report was not to stimulate the crowd but to ask for follow-up and to ask for modifications to security plans were they were obviously needed and to have the applicants come before the Commission and explain why violence continues and for the applicants to apply what they agreed to when they got the permit.    He requested that from here on out when they referred to a place of entertainment they go by the address and not the name of the venue because several places have changed names and they did not have notification at the police department.   He asked that the matrix of the clubs give the address, name, and capacity of the venue and the type of permit.

 

Vice Chair Joseph agreed with Captain Dudley that the address should be used.    She added people can change the name of their business name as long as long as their corporate name and the name they hold the permit in stays the same.    She added she would like to see them bring charges brought any particular club one at a time.

 

Captain Dudley stated there has been Halloween advertisement from at least five of the clubs the Entertainment Commission permitted on Broadway and the Union Square area. He added a lot of the promoters are using extended hours an attraction and the indication of wrist-bands to be allowed to go from club to club.   He requested the venues be contacted to ensure there is additional security if there patrons were going from one club to another.

 

Executed Director Robert Davis stated they contact all of the club owners and some of them said they have no contact with the promoter and they have been in communication with Officer Gaines.

 

Chair Roja appreciated Captain Dudley’s feedback. 

 

5.      Discussion to revise the Entertainment Commission’s Good Neighbor Policy to read: In addition, a manager or other responsible person shall maintain a cell phone number for at least two hours after the close of business to allow for police and emergency personnel or other City personnel to contact that person concerning incidents that have occurred at establishment.  [Discussion]

 

Executive Director Bob Davis stated the city determined it was a rule change that could be discussed but could not be voted on and it must be posted on the Commission’s website for 10 days as a rule change along with another motion Commissioner Meko had brought at the previous meeting have a different neighborhood outreach in keeping with the Planning Commission.  He added both items would be posted on the website and the commission would be able to vote on the item.

 

Commissioner Meko asked why the item was on the agenda as a discussion item and the proposal for a pre-application policy was not on the agenda as a discussion item.   He added would both items appear on the next agenda was action items.

 

Executive Director Bob Davis stated the email Crystal received by the city Attorney stated not to put the item on the agenda but he felt he could at least but it on as a discussion item since it was brought up at the end of the end of the meeting but had not been discussed.  He added both items would be on the next agenda.

 

Commissioner Meko stated the Pre- Application was a far weightier proposal than the addition to the Good Neighbor Policy and would pass without a great deal of discussion.

 

Executive Director Davis stated they did not assume it was a rule change and the City Attorney brought it to their attention that it was a rule change

 

Commissioner Alan suggested that an adhoc committee be set up to deal with significant issues of potential policy change that would impact both the Commission, staff and the public.  He added the pre-application process should have some less formal discussion at a adhoc committee to specifically meet with staff and members of the public, noticed the meeting and the could get through the specifics so that when it came before the Commission the details have been worked out.

 

Chair Roja nominated Commissioner Meko and Commissioner Meko to adhoc committee.

 

Commissioner Alan stated if Commissioner Meko was available to meet they could set a meeting and get it out to the public and have staff present at the meeting and be back with recommendation and make sure the public is noticed in 72 hours.

 

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

 

a) Huerta, Anthony, et. al., dba Lone Star Saloon, 1354 Harrison, Place of Entertainment, Billiard Parlor, Mech. Amusement Device.

 

Deputy Director Kane apologized the item was calendared for the November 3, 2009 meeting. 

 

Public comment

No public comment.

 

Commissioner Meko moved to continue Commissioner Newlin second the motion.

 

VOTE:

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

NOES -None

Absent – None

 

Commissioner Joseph recused herself from the item.

 

b) McWilliams, Gabriel, et al, dba VIA, 449 Powell, 521 Sutter Street, Place of Entertainment/Extended hours Premises

 

Deputy Director Jocelyn Kane stated the Commissioner was familiar with the application and behind the memo were two sets of conditions and an additional summary of the additional conditions that were requested by the Commission and SFPD that impacted neighbors and the applicant’s response.

 

Kristen Techal from Heinemann & Carmichael representing Hawthorne Group stated they all should be familiar with the planned project at this point which was a unique upscale entertainment venue planned for the corner of Powell and Sutter Streets in the vibrate Union Square neighborhood. She added it will repurpose an otherwise vacant space in a building historically used to house entertainment and it will bring jobs and a huge amount of tax revenue to the city and is being proposed by an experience and consciences group of responsible owners that have given the Commission all of the details and they can be confident that they know how it will look and be operated.  She added at the last Commission meeting they were asked to complete police and community outreach, and to give them a run down of areas were they were able to come to an agreement and have made a give and take concession as well as any areas were they were not able to see eye to eye.   She added the summary document would give them a good run down.    She added there were lots of moving pieces with getting this type of venue permitted.  She added they were actively applying for today but also with regards to the ABC permits which was an ongoing process as well.   She added they agreed with most of the conditions the police were asking for and there were only a few issues that were not matching up and they were pleased they were meeting that critical point.  She added there was overwhelming support for the project from residences and businesses on the block that they have been actively doing for 6 months.  She added there are a few people who object who claim to be community representatives though none of them live within a 1,000 feet of the premises.  She added despite that they have and a great opportunity to listen to their concerns and comments and have met with them and they have given them a list of condition and they agreed to most of what they were asking for.   She added the fact should not be lost that the neighborhood was overwhelming supportive of the project.   She asked them to trust the process for approval and to trust the other agencies they were negotiating with to do their job in approving their project and to move forward today with a conditional approval for both the afterhours and entertainment permit.   

 

Commissioner Meko thanked applicant for their detailed information that was very useful.

 

Captain Dudley with Central Police station stated most of what the Commission has heard was accurate however; the meeting that was mandated by this body only happened on Friday at 4:00 P.M. to 6:00 P.M. and the attorney was not present and it only happened because of the Commission’s mandate to meet.  He added during the meeting not one concession was made.   He added the list of concessions they received 9:00 A.M. Monday morning and the substantial issues have not been discussed or dialoged and have not been accepted by SFPD or the community and the commission had the power to deny based on the 1060.5 of the municipal police code.  He added it was an historical building and there would be huge renovations necessary to contain noise which was one of the points of disagreement.  He added the goals promoted by the Hawthorne Group were bottom line driven and not community based driven.   He added he did not believe it was a public convince and necessity for this large venue to have a type 47 club license for the area.  He added occupancy was certainly and issue they have tried to met them half way and they continue to go with the 580 capacity and they asked them to scale back with the one floor of 290 and to have special events on the other floor.  He added the special events could be all year long but with an ABC permit only a limited time probably up to 24 with special agreement by the ABC, again capacity of 290 on each floor no budge he added that was what the Fire Department will allow.   He added they have asked for a 2:00 A.M. closed and the community has asked for a 12:00 A.M. close Monday through Thursday with a 2:00 A.M. close on Friday and Saturday he asked that no extended hours be given until they have been given a year to see if they can maintain sound. He added giving a blank check to a venue of this capacity was a mistake. 

 

Public Comment

Mr. Overdorf with Greater Nob Hill Neighborhoods supports the Captain’s wishes and agreed that no concessions were made at the meeting.  He added they did substantial work a week ahead of time imposing some conditions.  He added they have not seen the facts and findings on the applicant.    He added greater Nob Hill Neighbors represent property owners if they had to make a decision today they would agree there has not been dialog and it did not met all the recommendations of the law.   He added they would like to continue the dialog.

 

Robert Garcia with Save our Streets requested the meeting be recorded they did refused you ask them to bring something in writing and all you had was notes and it was violations of the Commission’s directive.  He added their 178 supporters did not have one address.  He added they sold the reception as outreach they have it listed as a reception.  He added their support was not from the neighborhood and there were ten other units’ right next door and they have not changed anything and people have not had a chance to properly protest the application.  He added there was violence continuing in the neighborhood.  He added it was not a good project for the neighborhood or San Francisco.   He added it was a bad idea and it should not go through.  

 

Patrick Isenberg a business owner downtown he added when the petition came around and letter for support they did not ask for an address but he was a real person present to show support.   He added closing any kind of bar at 2:00 A.M. and it did not give people the

Proper amount of time to detox their body to be able to go home.  He added the afterhours would create a loose flow of people exiting the venue of that capacity and would prevent crowd congestion.  He supports the project and the afterhours permit.

 

Lexus Olson he added he had about 20 years experience in running venues and he has worked with the applicants in the past and  found them to be some of the best promoters he has worked with.  He added all the condition they were asking for was not for them to make it a better business and it seemed transparent to him that the purpose was to make it impossible to run the business so the business could to exist.  He added their goal was not to have entertainment venues period and wanted to shine the light on what he sees and hoped everyone else did as well.

 

Captain Jim Dudley stated for the record if Commissioner Joseph has recused herself she should leave the hearing room.

 

Public comment closed.

 

Commissioner Meko stated the applicant’s were not responsible for what was going on in other clubs and hoped they would be more responsible and could not take that into account.  He added one of the issues of concerns was party buses and it was clearly one of the most problem causing innovations and suggested the applicant make it a policy not to deal with party buses.   He added if there were lines of people complaining about the noise at their hour he would be concerned but he did not see that and many of the letters of support came from the area and did not see a justification for restricting the permit to only regular hours.  He added the occupancy came down to what the Fire Department told them and renovation to control noise with all do respect the Commission would be granting conditional approval and one of the conditions would be the sign off from the Commission’s sound technician and suggested any list of surrounding business and Vajra would take readings.

 

Commissioner Alan stated the applicants have jumped through the most hoops the Commission has ever created and I’m sure felt very discouraged at the last meeting when after doing what they thought they said the Commission wanted them to do we asked them to do more rather than being obstructionist they went out and complied in much more greater detail than he would have imagined to their request.   He added the Commission now set in judgment to decide after hearing from everyone and what manner they will apply the conditions if any.   He added it was important to the Commission to receive all the input for the Commission to make their decision. 

 

Commissioner Newlin agreed with Captain Dudley on the after hours and would promote the after hours be held in abeyance until they have been up and running for six months.

 

Commissioner Alan suggested they could come up with something more automated so they did not have to re-apply and go through the process again and would like to figure our a way to reward their good behavior as they open and show themselves to the neighborhood and should that behavior meet the standards then their after hours permit be granted after an extra amount of months after opening.

 

Commissioner Newlin stated he would rather do it as he suggested so they could have direct input from the hotels the Union Square Association and the police Department.

 

Commissioner Meko asked if it would it cause any additional expense to the applicant and the applications fee could remain on hold for a period of six months.    

 

Commissioner Meko based his motion to include many of Captain Dudley’s conditions and would not grant the after hours permit for a period of 6 months with the exception of the One Night Event Permit to consider on a case by case basis and regard with the after hours to be continued.  Commissioner Alan second the motion for the point of discussion

 

Commission Alan stated he had concerns about the six months for the applicant but however that concern may be satisfied for their ability to applying for a One Time event permit.    He added he did not understand why they think it’s better for the neighborhood to dump 600 people out onto the street at the same moment as oppose too little them trickle out over a two hour period.   He added he agreed to second the motion was a set up for the Hawthorne Group.

 

Commissioner Meko stated he would hold his potion to six months and did not believe when you had 600 people leaving in the early morning hours was not a trickle.

Commissioner Meko based his motion to include many of Captain Dudley’s conditions and would not grant the after hours permit for a period of 6 months with the exception of the One Night Event Permit to consider on a case by case basis and regard with the after hours to be continued.  Commissioner Alan second the motion.

VOTE:

AYES - Commissioner Meko Commissioner Newlin

NOES - Commissioner Roja, Commissioner Alan

Abstain – Commissioner Joseph

 

Motion fails.

 

c)      Bachakashvili, David, et al, dba Magdalena Banquet Hall, 3255 Balboa Street, Place of Entertainment.

 

Jocelyn Kane stated the applicant applied for the application April of this year and went back to the Planning Department for 312 notification requirement and there were conditions that came out of the discretionary review process. She added there were a number of letters of opposition and Richmond Police station recommends a postponement of the application based on public concern.

 

Ms. Bachakashvili stated she was one of the sponsor and owners of the operation.  She added there was a change at the Planning hearing the hours of operation were 11:00 P.M. Friday and Saturday’s and Sunday the hours were 12:00 P.M. to 8:00 P.M. and Monday through Thursday they operate from 11:00 A.M. to 8:00 P.M.  She added and planning approved for them to have a 6 month trail. 

 

Officer Michele Gene stated they were not recommending a denial but were looking for applicants to get together with the community groups to address their concerns.

 

Commissioner Meko agreed that the applicants should have more neighborhood outreach.

 

Public Comment

 

Beth Haddad stated she met with applicants and the meeting was one sided and it was not advertised and there was about ten neighbors present the use of establishment was vauge and unknown.  She added they have tried on the neighborhood side to get in touch with the applicants.  She added she lives near the establishment and has concerns of noise and there was no sound containment and there were two schools in the area.  

 

John Nunz stated it was a family orientated neighborhood and they wished to keep it that way a and if they were to grant the permit they

recommend the probationary be lengthened.

 

Greg Neilson a resident in the area.  He added the original application was to be reviewed by several city departments the original plans put in were for no change use but the discretionary review was for change of use of the building which required the building to come up to code for that use.  He added so far it has not been checked by the Fire Department, Health and Noise Abatement DBI Electrical and DBI Pluming.  He added applicant has link to unlicensed contractor.

 

Marlene Wong and she was opposed to banquet hall she added in reference to the Entertainment Commission Good Neighbor policy it calls for making efforts not to block the sidewalks or neighbors driveways.  She added there was no available parking for catering trucks.  She added the meeting was initiated by the neighbors and not the applicants.

 

Andrew Taylor a student for Mr. Lee speaking on his behalf of his business and other concerned students.  He added Mr. Lee teaches Thai Chi and is 82 years old and has teaching in area for 20 years and the proposed business would run him out of business and in addition he would not able to sleep with noise.

 

David Heller stated he was the president of Geary Boulevard Merchant Association and he supports the venue and thought the venue could was a great place for the community to meet.    He added in the meeting a lot of good things happened the hours were reduced, and many issues were resolved.

 

Barbara Scrafford stated she resides on the proposed block for 39 years and the previous venue was a church and they rented out their facilities for parties and they could hear noise every week and she had concerns about parking.

 

Don Scrafford stated if they allow the applicant and in 6 months time and there are complaints because it was not adequate what would was the neighbors recourse because once they were in they think they were in and that was a problem.

 

Grace Wong stated she live on 34^th and Balboa and objects to the application for Entertainment Permit.  She added there are two schools in the area and she has concerns of   safety.

 

Alice Clarey stated she had concerns about parking since there was double parking from parents who picked up their children across the street.   She asked where was the valet parking and how will it be enforced or use.  

 

Anna Mulwa Director of San Francisco Institute of English and is directly across the establishment in a four story building.  She added they moved to the site because it was a quiet residential area and she teaches over 250 students and has concerns about parking and noise and strongly opposed the granting of the permit.

 

Trent Golding stated he was a resident and lives 50 yards of proposed business he did not trust the promises of valet parking and was concerned about security.  He added he was concerned about the nature of the business and what was going to happen at the venue.

 

Public comment closed.

 

Commissioner Joseph asked if Planning had an open meeting where everyone had a chance to meet.

 

Executive Director Bob Davis stated they did meet.

 

Commissioner Meko moved to continue the item and the Planning Commission stated it was an allowable use.  He added the Commission had the right to but conditions on the permit and suggested the applicant take two or three weeks and have officer go over the issues with the neighbors.

 

Commissioner Meko suggested that staff attend the meeting.

 

Commissioner Meko moved to continue the item Commissioner Joseph second the motion.

 

VOTE:

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

NOES – None

 

d)     Agha-khan, Salma, dba Siberia, 314 11^th Street, Place of Entertainment/Extended Hours Premises.

 

Commissioner Alan moved to continue the item to continue neighborhood outreach Commissioner Newlin second the motion

 

VOTE:

AYES - Commissioner Meko Commissioner Newlin Commissioner Roja, Commissioner Alan

NOES – Commissioner Joseph

 

e)      But, Billy, dba VBox Music Studio, 3809 Geary Blvd, Place of Entertainment.

 

Staff recommends a continuance based on names of applicants.

 

Joey Ho stated he took over ownership in August of last year and has complied with the compliance and have passed all sound inspections.  He added he would like to return to business as soon as possible.

 

Lt. Gene with Richmond Police station opposed the permit based on concerns of doors being locked during hours of operation, alcohol, and smoking on premises and underage patrons and concerns of violence outside the establishment.  She added there should be a security guard on the premises and a metal detector should be used and front door of the premise. 

 

Commissioner Alan stated staff has recommended a continuance and what was her view.

 

Lt. recommended a continuance and she wanted clarity on the names on the application.

 

Mr. Anonymous stated SFPD sees karaoke as position, crime and gang related and that had to stop.  He added the new legislations should bring fairness to the code.

 

Commissioner Joseph moved to continue item Commissioner Alan second the motion.

 

VOTE:

AYES - Commissioner Meko Commissioner Newlin Commissioner Roja, Commissioner Alan

NOES – Commissioner Joseph

 

f)       Dah, Anita, dba Showdown, 10 6th Street, Place of Entertainment.

 

Anita Dah stated she spoke to Officer Buckner and complies with all the conditions that were suggested.

 

Commissioner Alan moved to grant the permit Commissioner Newlin second approval

 

VOTE:

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

NOES - None

 

g) Park, John, dba Fluid, 662 Mission Street, Place of Entertainment/Extended Hours Premises.

 

Mark Rennie stated there were a few letters that came in last week and they tried to contact everyone last week to deal with their concerns.   He added unfortunate death that left the Boss nightclub and letter of support. He added there are 125 residents at the St. Regis Client and he met with the resident manager and the Paramount.  He added there was a letter of support from SPUR.

 

John Park stated he has been in the San Francisco nightclub industry for 13 plus years.  He added one of the residents in the area resides behind Fluid Lounge in the alley and they have received complaints about drug use.  He added once he was informed he made a routine security operation every 15 minutes to check the alley way the day after she sent the complaint.  He added since then she replied to his message and said after that she heard nothing.

 

Public Comment

 

Aaron Haney stated he was resident that recently moved in and he had concerns of noise does not want the permit denied but would like the noise to be under control.   He knows it’s possible to keep it down but wants them to comply with the regulations.

 

Derrick Bonner stated he was the former manager of Fluid for the last five years.  He added he believed it was a fraudulent transfer to avoid paying debt to employees and to many other vendors.  He added there were several pending lawsuits and suggested the Commission deny the permit.  

 

Mr. Anonymous supports applicant who is highly respected in the Asian community and was a responsible business owner.

 

Maria Hun supports applicant and thinks the venue will add to the area.

 

Trent Reynolds stated he was the head of security for Fluid Nightclub.  He added he previously served 4 ½ years for the United States Marine Core as a personal body guard.  He supports the permit and the afterhours.    

 

Public comment closed.

 

Commissioner Alan stated unfortunately the Commission was not the business side and the comments regarding fraud were better made at the bodies that had authority.

 

Commissioner Alan recommends a conditional grant Commissioner Joseph second the motion

 

VOTE:

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

NOES - Commissioner Meko

 

3) Report from the Executive Director. L’Amour, The Cellar, Club Suede, report on conditions for Impala, and report on South of Market activity and Club 181.  Vajra Granelli report on recent venue sound inspections and report of activities by staff. [Discussion]

 

Executive Director Robert Davis stated there were two events at Treasure Island that followed with noise complaints from Oracle and Noise Pop and they were looking into the matter.  

 

Keith Goodman stated he was the owner of Sugar Café and the Cellar.   He added he was asked to respond to comments.

 

Executive Director Davis stated there were issues on how they handled their crowd and noise.

 

Officer Scott Gaines stated they did have some concerns in regards to noise and crowd control issues and concerns of residents in the neighborhood.  He added there has been some positive dialog between the owners and they were working on a resolution to the problems.

 

Sound Inspector Vajra Granelli he added they have been watching the Cellar for some time and the two main issues were crowd control and closing.   He added on a positive side security has gotten better and there was better crowd control.  He added the Cellar leaks sound

 

Jamie Boatner stated he was told by the Fire Marshall that there doors had to be kept open.

 

Keith Goodman stated there door was a gate and he was working with the building department.   He added they set limiters and there were letters from neighbors in support who said they could not hear sound.

 

John stated they have maintained one person to maintain egress.

 

Jamie Boatner stated the problem was the people in line and noise.   He added they have hired additional security.

 

Chair Roja stated to do the best they can to keep the noise level down.

 

Officer Scott Gaines stated he emailed them the new loitering legislation.

 

Commissioner Alan stated he would like t o see their security plan along with a map of both venues showing the fixed and roaming positions and a description of the positions and a description of the script that is given to the front security person.  He added he would like to see it by the next hearing and within 6 months the response of their interactions with the building department regarding the front door.

 

Deputy Director Jocelyn Kane asked would he be satisfied with documentation at the next hearing.

 

Commissioner Alan stated that would be fine and in six months they are to come before the Commission.

 

Commissioner’s Comments & Questions. [Discussion Item]

 

Commissioner Joseph stated she was deeply concerned that the Commission has listened to the comments that the Commission just rubber stamps permits.  She added she has been proud of the fact the Commission follows the letter of the law, permits are issued and are suspended based on Police Code 1060 and 1070.  She added tonight they continued three permits and denied one and approved two.   She added constantly continuing permits did not allow applicants to move forward and cost them money and the Commission had to be considerate with that regard.   She added the remaining Commissioner seats need to be filled.

 

Chair Roja stated they need a link for neighborhood associations.

 

Commissioner Meko stated Deputy Director Jocelyn Kane should be on adhoc committee.

 

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

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

 

No new items were discussed.

 

Adjournment.  9:06 P.M.