ENTERTAINMENT COMMISSION
City and County of San Francisco
MINUTES OF THE
Tuesday, April 5, 2016
City Hall, Hearing Room 416
Dr. Carlton B. Goodlett Place
San Francisco, CA  94102

COMMISSIONERS

Present

Bryant Tan
Steven Lee
Dori Caminong
Liam Frost
Al Perez
Laura Thomas

STAFF           

Present

Executive Director, Jocelyn Kane
Deputy Director, Maggie Weiland
Sound Inspector, Jordan Pauley
Commission Aide, Crystal Stewart

CALL TO ORDER

Chair Tan called the meeting to order at 5:43PM.

ROLL CALL

Director, Jocelyn Kane called the Roll. 

Present at the meeting were Commissioners, Bryant Tan, Steven Lee, Dori Caminong, Al Perez Laura Thomas and Liam Frost.

Absent were: Audrey 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.

No public comment was made.

Chair Tan stated he would movie item b up on the agenda.

EC-1180 - Acworth, Peter & Meagher, Mark, SF Armory, 1800 Mission Street, Place of Entertainment Major Amendment.

Major Amendment to SF Armory’s Place of Entertainment permit. The applicant is requesting an amendment to their current Place of Entertainment permit that this Commission issued on May 2nd, 2013 in order to bring it into accordance with the Planning Department’s approval of nighttime entertainment as a principally permitted use in the UMU Zoning District. Under their previous Arts Use permit, SF Armory was only allowed to host one public event outside of their arts use permit per month per their Temporary Use Authorization given by the Planning Department.  SF Armory applied for their Major Amendment on February 9th, 2016, noticed the public and held one community meeting in the first week of March. The owners asked for a continuance to that hearing date in response to a large amount of neighborhood complaints. Supervisor David Campos’ Office helped organize a second neighborhood meeting at SF Armory on March 28th to hear the grievances from neighbors.

The Commission should consider this evening that SF Armory hosted three unpermitted events in February outside of their one applied for and approved one night event permit. One of these events, held at the end of February, caused a large disturbance in the neighborhood. As you will see in your files, there are several grievances filed by neighbors both leading up to the initial hearing date of March 15th, 2016, as well as after the unpermitted events were held at the end of February. At that meeting, SF Armory presented their own proposed conditions to this major amendment. You will see these attached along with conditions from the Police Department. Here to tell you more about SF Armory and its proposed operations and activities is owner Mark Meagher and his associate, Mark Loper. 

SF Armory Conditions

• The 13 Conditions of the Entertainment Commission Good Neighbor Policy
• Premises is allowed no more than 3 extended hours one night event permits per calendar year, and they will need to send information to the Entertainment Commission and SFPD no less than two weeks in advance of the event.
• The permittee shall power wash the sidewalks the day after any event greater than 500 persons.
• The permittee shall ensure that on event days that queuing of attendees’ vehicles in front of the 14th Street entrance to the premises do not block the street and are kept orderly and moving after drop-off of their patrons. This will minimize the impact on traffic and the surrounding community. This traffic flow management of queuing will be achieved through the use of on-site event staff and security.
• Notify SFPD and the Entertainment Commission of upcoming public events at least two weeks prior to the event and include all of the following information: the type of event to distinguish between private event or ticketed concert, performer or event title, hours of the event, anticipated security staffing, anticipated occupancy, whether or not alcoholic beverage service will be available, and any other important considerations unique to the event.
• Sound proofing and sound attenuation needs to be completed prior to the issuance of this permit.
• Permittee shall maintain authority over sound equipment at all times.
• In the event a promoter brings their own sound equipment for use at an event, the agreement is that SF Armory will have control over the equipment.
• The permittee shall have a security guard posted in an area no less than 200 feet in all directions of the premises as well as on the corners of Woodward Street and 14th Street, and Julian Avenue and 14th Street to monitor patrons and provide security for the area after public events greater than 500 persons for at least 30 minutes after the event ends or until the crowd is safely dispersed.
• SF Armory’s final security plan needs to be approved by the Entertainment Commission and SFPD prior to the issuance of this permit.
• Sound tests shall be performed in all neighbors’ homes who request it during the required sound abatement test that shall be conducted prior to the issuance of this permit.
• Security shall be dressed in a manner that makes them readily identifiable.
• Entertainment shall be restricted to Sundays through Wednesdays until 11pm, Thursdays until 12pm, Fridays and Saturdays until 2am, and the day before legal holidays until 2am.

The motion passed with a 4-2 vote.

Commissioners in favor: Commissioner Lee, Commissioner Caminong, Commissioner Thomas, and President Tan.
Commissioners opposed: Commissioner Frost and Commissioner Perez

Public comment

Hillary Ronan the chief of staff for Supervisor Campos officer stated Supervisor Campos was excited and in support of the permit until they heard there were events held without permits and suggested the Armory hold a meeting.  She added at the meeting the neighbors expressed concerns of noise and impacts with the management.  She added they were informed by the news about unpermitted permits.  She added Supervisor Campos feels they do not have the skills to run the venue.

Amanda Gregory lives a few blocks up and was disturbed by noise of the events. She added it was hard to trust the Armory intentions.  She added there were some significant congestion issues.

Tim is supportive of the venue in general.  He added he has concerns about the rave events where the kids scream all night as well as the large intake of graffiti.

Jason Ramos supervises 30 employees at the Armory and supports the venue.

Steven Hayden supports the Armory permit.

Christian is a staffing manager and Best Beverage catering in support of venue and has provided 250 jobs this year.

Tony is a BBC event manager and supports the Armory permit.  He added they have generated revenue for other businesses.

Madeline works in special event industry in San Francisco.   She added people are being forced to hold the venue outside of the city for lack of space.

Susan homeowner supports the venue.

Supports venue event planner for 25 years. She added the armory provides meeting places for coporate and private events.

Ivan lives directly across the Armory has concerns about the issue of sound it has been addressed and feels they are good neighbors

Mike Kissinger has lived in the neighborhood for 30 years and would like the Commission to consider the issues and recondition the permit so there is no schemes.

Syd Griss a local physiologist and event planner in San Francisco supports the permit.

Resident in the neighborhood supports venue.

Javelle is an attorney supports venue and feels the armory is a valuable neighbor.

Edwardo employed by the Armory and lives across the street and has not been affected by the venues events.

Solomon Rosenswage in support of the venue. 

Brian Zisk supports venue.

Sandra resident in the neighborhood was in support of the venue until the raves that have been problematic for events held in January and February of 2016.

Congely Delee stated the permits that were in support were extremely disturbing.  She suggested they have a track record.

Jeffrey Sun in support of the venue he added he has been disturbed by events but feels they should have restrictions on certain days of the week.

Royale Thomas in opposition until sound problems are addressed.

Petra Adams seconds all the issues about the noise. She added she had concerns of lack of experience in security and the impacts of parking.

Gabriel Madena urged the Commission to not approve the permit.

Brian Woody supports venue but has concerns about the loud events and the building is not designed as a concert venue. Concerns about unpermitted venue raising untrusty. 

Eric Polluck supports the venue.

Jason Perkins stated this particular venue is flawed.

Kerry a resident in neighborhood, supports the venue but has issues about what happens before and after events and suggest restrictions on the permit.

Mike stated the applicants have invested millions of dollars into the building and supports the venue.

Scott Hyper in support of the venue with conditions.

A mother with two children has issues of the noise because her kids that are affected by the noise and have to go to school the next day.  She added if they really want to impact the neighborhood they should meet with the residence.

Public comment closed.

2. Approval of Meeting Minutes.  Discussion and possible action to approve the minutes of the February 16, 2016 (continued minutes) & March 1, 2016 Commission meeting [Action item]

No public comment.

Commissioner Frost moved to approve the minutes of February 16, 2016 Commissioner Lee second the motion

Vote:

Yeas- Commissioner Frost, Commissioner Lee, Commissioner Tan, Commissioner Perez, and Commissioner Caminong

Abstain – Commissioner Thomas

Noes - None

Absent – Commissioner Joseph

No public comment

Commissioner Perez moved to continue the minutes of March 1, 2016 Commissioner Lee second the motion

Vote:

Yeas- Commissioner Frost, Commissioner Lee, Commissioner Tan, Commissioner Perez,  Commissioner Thomas and Commissioner Camiong

Abstain – Commissioner Thomas

Noes - None

Absent – Commissioner Joseph

3. Report from Executive Director Legislative/Policy Update: Update on Legislation Introduced, File #160104 regarding clean up in Police Code staff and Office Update: Chapter 116 Online submission of Disclosure Notification live; Update on Non-Traditional Alcohol Licenses Corrective Actions: Nothing to Report. Report from the Sound Inspectors Jordan Pauley and Sean Burke report on recent venue sound inspections and report of activities by staff. [Discussion Item]

Inspector Sean D. Burke - Notes for EC meeting 4/5/16

COMPLAINTS
3/14/16 Asiento 2730 21st St. – Complaint of “music on NON-operating hours well above SF decibel levels.”
3/26/16  Playland 1351 Polk St. – Complaint of “ongoing noise.” Working with operator to address issues.
3/27/16  Balancoire  2565 Mission St. – Complaint of crowd noise. Have contacted complainant for more info.

SOUND TESTS
3/25/16  8:30 PM Tropi-Gala Nightclub  358 Ocean Ave. – Established 98dbC maximum sound level.
4/1/16  3:30 PM Mr. Tipple’s Recording Studio 39 Fell St. - Established 98dbC maximum sound level.

SOUND INSPECTIONS
3/25/16  9:30 PM Regency 1300 Van Ness Ave. – Took outside ambient reading with show at Social Hall.
3/26/16  1:45 AM Public Works 161 Erie St. – Investigated possible sources of sound leak after complaint.
3/26/16  7:30 PM Proxy SF 432 Octavia St. – No sound audible past 250’ as per City code. In compliance.
3/26/16 11:30 PM Playland 1351 Polk St. – Took sound measurements inside complainant’s residence.
3/27/16  12:15 AM Playland 1351 Polk St. – Worked with operator to lower bass and overall volume.
4/1/16  9:30 PM Regency 1300 Van Ness Ave. – Established inside ambient level at complainant’s residence.
4/2/16  10:45 PM Regency 1300 Van Ness Ave. – Took additional measurements to assist in ongoing investigation.
4/3/16  1:00 AM Public Works 161 Erie St. – Took additional measurements to assist in ongoing investigation.

INSPECTIONS
3/27/16  1:00 AM Taqueria La Cumbre  515 Valencia St. – Contacted SFPD dispatch regarding amplified music.
4/1/16  10:00 PM Lower Haight Art Walk  Haight St. btwn Pierce & Webster Streets – In compliance with permit.

Inspector Pauley - Notes for EC meeting 4/5/16

COMPLIANCE:

3/26/2016 11:15 PM The Basement 222 Hyde St.: Observed noise in emanating from venue. In compliance. 3/26/2016 7:30 PM The Endup 401 6th St.: Observed the general outside environment of a highly promoted day party. In compliance.

3/25/2016 11:35 PM Edinburgh Castle Pub 950 Geary St.: Observed sidewalks of venue to check for venue management of loiterers. In compliance.

3/25/2016 11:30 PM Swig 561 Geary St.: Observed noise emanating from Swig. Had been a point of contention during permit process last August. In compliance.

3/20/2016 1:50 AM Hue 447 Broadway: Observed sidewalks and crowd management during end of the night dispersion. In compliance.

3/19/2016 2:15 AM Kells Irish Pub 530 Jackson St.: Observed sidewalks for patron noise during end of the night dispersion. Situation is improving. No complaints from neighbors. In compliance.

COMPLAINTS:

3/30/2016 7:30 PM Beatbox 314 11th St.: Neighbor complaining about noise that they perceive is emanating from Beatbox. Complainant and venue are currently attempting to work through issue. Action pending.

VIOLATIONS:

3/19/2016 11:45 PM 1015 Folsom 1015 Folsom St.: Venue attempted to host a simultaneous billing. Venue had their regular Saturday event paired with the booking of national urban music act. Enormous attendance. Issued a notice of violation sidewalk and street obstructions.

4. Police Department Comments & Questions.

This item allows any member of the SFPD to address the Commission regarding matters related to nightlife and public safety. [Discussion Item]

No comments were made.

5. Hearing and Possible Action regarding applications for permits under the jurisdiction of the Entertainment Commission. [Action item]

Regular Agenda:

• EC-1362 – Caine, John, ATwater Tavern, 295 Terry A. Francois Boulevard, Limited Live Performance Permit.

Limited Live Performance permit for a new restaurant and bar on Port property at 295 Terry Francois Boulevard called Atwater Tavern. Atwater Tavern plans to have live entertainment as a secondary use to their business as a restaurant and will end entertainment at 10pm daily. The plan to host wedding receptions with live music, bands for events and private parties, as well as a jazz brunch. The owners of the premises have done outreach to surrounding neighborhood associations as you will see in their permit application. Senior Property Manager with the Port, Elliot Riley, has recommended approval of this permit application with 4 conditions that you will find in your materials including incorporating the Port’s lease as Exhibit A in the permit’s approval, as well as recommending the Good Neighbor Policy as a condition. Southern Station approves the permit application with 14 attached conditions. Here to tell you more about this permit application is owner John Caine and business partner Paul Osmundson.

Commissioner Frost moved to approve with SFPD and Port conditions Commissioner Perez second the motion.

Vote:

Yeas- Commissioner Frost, Commissioner Lee, Commissioner Tan, Commissioner Perez Commissioner Caminong and Commissioner Thomas

Noes - None

Absent - Commissioner Joseph

• EC-1361- Lwin, Roger & Lin, Nan, Hex Bar and Kitchen, 2080 Van Ness Avenue, Place of Entertainment Permit.

Place of Entertainment permit for Hex Bar and Kitchen located at 2080 Van Ness Avenue. The premises is a restaurant and lounge that will serve beer and wine and host DJs for entertainment and sometimes host live jazz and blues music. Hours or operation will be 5pm-2am Wednesdays through Fridays as well as 11am-2am on Saturdays and Sundays. Northern Station approves this permit with the Good Neighbor Policy and a stipulation that no party buses be allowed as conditions to the permit. Here to tell you more about Hex Bar and Kitchen are owners Nan Lin and Roger Lwin as well as Mark Rennie.

Commissioner Thomas moved to approve with the GNP party buses Commissioner Frost second the motion

Vote:

Yeas- Commissioner Frost, Commissioner Lee, Commissioner Tan, Commissioner Perez , Commissioner Camiong and Commissioner Thomas

Noes - None

Absent - Commissioner Joseph

Director Jocelyn Kane stated this item is continued to the next Commission meeting for April 5, 2016.

• ECLSP 5166, Ockel, Barbara, dba Bayview Opera House, Mendell Plaza (Mendell St Oakdale to Palou), 4/5/2016 – 3/17/2017, 8AM – 11:59PM Loudspeaker Permit
• ECLSP 5167, Ockel, Barbara, dba Bayview Opera House, Opera House Yard and Parking Lot, 7/1/2016 – 6/30/2017, 8AM – 11:59PM Loudspeaker Permit.
• ECLSP 5182, Ockel, Barbara, dba Bayview Opera House, Third on 3rd Events, 3rd Street sidewalks McKinnon to Quesada, 4/5/2016 – 3/17/2017, 8AM – 11:59PM Loudspeaker Permit.

No public comment

Commissioner Frost moved to continue to next meeting Commissioner Perez second the motion.

6. Consent Calendar

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Entertainment Commission, and may be acted upon by a single roll call vote of the Commission.  There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing. The following action is to adopt written comments and/or recommendations to be submitted to the Planning Department and/or Department of Building Inspection regarding noise issues for proposed residential projects per Chapter 116 of the Administrative Code. [Action Item]

Consent Agenda:

88 Arkansas, Block/Lot 3953/02 & 02A which is located within 300 feet of Thee Parkside and The Connecticut Yankee.

901 16th Street, Block/Lot 3950/001; 3949/001 & 001A & 002 which is located within 300 feet of The Bottom of The Hill.
390 1st Street, 3749/058 which is located within 300 feet of Terra Gallery.

No public comment.

Commissioner Frost moved to approve the consent calendar Commissioner Caminong second the motion

Vote:

Yeas- Commissioner Frost, Commissioner Lee, Commissioner Tan, Commissioner Perez, Commissioner Camiong and Commissioner Thomas,

Noes - None

Absent - Commissioner Joseph

7.  Commissioner Comments & Questions. [Discussion item]

Commissioner Frost suggested inspectors

issue a citation and site the applicant if

appropriate.

8.  New Business Request for Future Agenda Items. [Discussion item] (This item is to allow Commissioners to introduce agenda items for future consideration).

No new business items were discussed.

ADJOURNMENT   9:03PM