MINUTES OF THE
Tuesday, April 7, 2015, 2015
City Hall, Hearing Room 416
Dr. Carlton B. Goodlett Place
San Francisco, CA 94102

COMMISSIONERS

Present
Steven Lee
Audrey Joseph
Liam Frost
Demetri Moshoyannis
Al Perez
Dori Caminong

STAFF

Present
Executive Director, Jocelyn Kane
Deputy Director, Cammy Blackstone
Sound Inspector, Sean Burke
Sound Inspector, Jordan Pauley
Commission Aide, Crystal Stewart

CALL TO ORDER

Vice Chair Moshoyannis called the meeting to order at 5:31PM.

ROLL CALL

Director, Jocelyn Kane called the Roll.

Present at the meeting were Commissioners, Al Perez, Steven Lee, Audrey Joseph, Demetri Moshoyannis, Liam Frost and Dori Caminong

Absent were Bryant Tan

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.

2. Review and approve the minutes of March 17, 2015. [Action item]

Public comment
No public comment.
Commissioner Joseph moved to approve Commissioner Frost second the motion

Vote:

Yeas - Commissioner Frost, Commissioner Lee, Commissioner Joseph, Commissioner Caminong and Commissioner Moshoyannis
Absent – Commissioner Tan
Abstain – Commissioner Perez

3. Report from Executive Director Legislative/Policy Update: Nightlife Protection Legislation Update; Late Night/Early Am Transit Working Group update; Update for LLP changes in SOMA; 2015 Nitey Awards; Update on Econ Impact Report for Outdoor Events. Staff and Office Update: Training/Special Meeting on April 11, 2015; Corrective Actions: Nothing to Report. Report from the Sound Inspector’s Sean Burke and Jordan Pauley report on recent venue sound inspections and report of activities by staff. [Discussion Item]

No public comment was made.

Inspector Burke - Notes for EC meeting 4/7/15
INSPECTIONS
3/22/15 6:30 PM The Endup 401 6th St: Line managed well. Neighborhood disruption minimal.
3/22/15 7:15 PM Dogpatch Saloon 2496 3rd St: Unpermitted venue. Spoke with staff after complaint. Newer construction placed skylights and vents that allow sound to escape from premises. Ensured that staff knew they needed a permit to have live performances.
4/4/15 9:15 PM Cova Hotel 655 Ellis St: Rental space on rooftop with entertainment. No permit.
4/5/15 11:32 PM R Bar 1176 Sutter St: No live music. Staff is aware of ongoing issue w/ neighbor.

SOUND INSPECTIONS
3/21/15 11:45 PM Audio Nightclub 316 11th St: Inspected nightclub and complainant dwelling.
3/29/15 6-10 AM Rock N Roll Marathon City-Wide: Stopped in on 2 open air stages in residential locations and observed that entertainment did not begin before permitted times and sound did not travel in excess of 250 feet of stage. One complaint reported at separate location.
3/29/15 10:45 AM Marina Theater 2149 Chestnut: Took ambient level inside resident’s dwelling.
NEW COMPLAINTS
3/21/15 9:23 PM Cova Hotel 655 Ellis St: Live entertainment reportedly coming from hotel.
3/25/15 8:48 AM R Bar 1176 Sutter St: Reports of live music without permit. Unpermitted space.
ADMINISTRATIVE CITATION
3/20/15 10:57 PM Mayes Oyster House 1233 Polk: Window open, audible across Polk Street.
Inspector Pauley - Notes for EC meeting 4/7/15
INSPECTIONS:
3/28/2015 2:00 AM Temple Nightclub 540 Howard St.: A walkthrough inspection was performed of the venue. The venue was in compliance except for its management of the massive amount of taxi/uber/pickup traffic. After a talk with security staff, the issue was mitigated to an acceptable degree. More staffing may be needed to solve the problem.

COMPLAINTS:
3/29/2015 12:45PM Jaxson 3231 Fillmore St.: A complainant contacted staff in regards to problems emanating from Jaxson. At the source of the problem were open windows, loud music, and poor management of patrons. Venue management was issued a warning.
3/17/2015 11:45AM 1015 Folsom 787 Brennan St.: A complainant contacted staff in regards a “disruptive” event that occurred at the venue on the 12th of March. After some investigation and the cooperation of venue staff, it was determined that the venue was in compliance. The venue had a TOC permit which allowed them to occupy the disputed public space.

VIOLATIONS:
3/22/2015 1:45AM FAME Venue 443 Broadway St.: The venue, who hosted a private party on this night, released 300 people at 1:30am without much crowd management. In addition, one of the buses transporting patrons did not show up on time. Security was ill-prepared to deal with the crowd and the venue was issued a verbal warning about the incident.

SOUND TESTS:
3/27/2015 5:15PM The Basement 222 Hyde St.: A sound test was conducted as part of the venue’s application process. A significant level of sound abatement was performed in the venue. In addition, the neighbors from Faithful Fools were present for the duration of the test.

COMPLIANCE
3/27/2015 5:15PM Grant & Green Saloon 1371 Grant Ave.: As a result of Permit Officer Steve Matthias’ report about a gun possession case that involved Grant & Green Saloon, I stopped by to talk to management. We discussed whether or not they should be doing patdowns, as well as the isolated nature of the incident. After deliberating with the director, it was decided that the venue should implement security measures consistent with industry best practices. Will follow up.

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).

No police comments was made.

5. Hearing and Possible Action regarding applications for permits under the jurisdiction of the Entertainment Commission. [Action item] All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Entertainment Commission, and will 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.

Consent Agenda:

a) EC-1315 Doug Biederbeck dba Bix 56 Gold St. Limited Live Performance permit.

b) EC-1316 Paul Miller dba The Royal Cuckoo 3202 Mission St. Limited Live Performance permit.

Public comment
No public comment

Commissioner Perez moved to approve the
Consent calendar Commissioner Joseph
second the motion
Vote:

Yeas - Commissioner Frost, Commissioner Lee, Commissioner Joseph, Commissioner Perez, Commissioner Caminong and Commissioner Moshoyannis
Absent – Commissioner Tan

Regular Agenda:

c) ECLSP-4731 Loud Speaker Permit, Miles Palliser dba San Francisco Athletic Club, parking lot, 1750 Divisadero Amplified sound permit outdoors 5/2 (4pm – 11pm) and 5/3 (11am – 7pm).
Miles Palliser stated they want to tent off their private parking lot for the schedule of the Mayweather and Pacquiao fight. He added since they have the tent until Sunday and they decided to have a Cinco De Mayo event.
Public comment
No public comment
Commissioner Frost moved to approve Commissioner Joseph second the motion
Vote:

Yeas - Commissioner Frost, Commissioner Lee, Commissioner Joseph, Commissioner Perez, Commissioner Caminong and Commissioner Moshoyannis
Absent – Commissioner Tan

d) EC-1311, King Lei dba Duboce Truckstop 55 Duboce Limited Live Performance permit, outdoor use.

King Lei stated they might on occasion have a band and occasionally a DJ playing music.

Public comment

Officer Parker stated Mission station does not object to the LLP as long is the sound is maintain in the area and that security be notified of incidents.

Commissioner moved to continue the meeting to the next commission meeting for April 21, 2015 to allow the applicant to met with SFPD Commissioner Perez second the motion

Vote:

Yeas - Commissioner Frost, Commissioner Lee, Commissioner Joseph, Commissioner Perez, Commissioner Caminong and Commissioner Moshoyannis
Absent – Commissioner Tan

e) EC-1319, Kelly Cowden dba The Yard 1051 3 D, Lot A Limited Live Performance permit, outdoor use.

Lt. Dave Falzon stated it was an excellent example of the city departments coming together. He added it was accredited to the Giants and he supports the permit application.

Commissioner Joseph moved to approve Commissioner Perez second the motion.

Vote:

Yeas - Commissioner Frost, Commissioner Lee, Commissioner Joseph, Commissioner Perez, Commissioner Caminong and Commissioner Moshoyannis
Absent – Commissioner Tan

f) EC-1310, Benjamin Morales dba The Square 1707 Powell St. Limited Live Performance permit

Benjamin Morales stated the piano has been in the venue for 30 plus years and would like to continue to have the piano. He added he was willing to work with the neighbor and work something out.

Commissioner Joseph stated so far the applicant and the resident have not worked anything out per the applicant.

Commissioner Lee asked had the applicant talked to the manger or the owner of the building about sound proofing.

Benjamin Morales stated when they first got to the location they put up several sound panels and it turned out they were not very good. He added they contacted the owner and he did not want to have anything to do with it.

Commissioner Frost stated previously the applicant talked about moving the piano to the other side and it was something that needed to be done.

Vice chair Moshoyannis stated the applicant needed to work with the neighbor to see what type of arrangement was going to work. He added the testing of sound was important and if there was no agreement the commission was at an empasse.

Public comment

Aaron a musician who plays at the Square
supports the permit application.

Daniel stated she lives above the venue has
concerns about more music permits, would like
to be part of the sound test and frequency.

Vice Chair Moshoyannis stated there were
some things the Commission could do and
could not do.

Public comment closed.

Commissioner Joseph moved to approve with
the following conditions applicant shall
successfully pass a standard sound test,
music during the week will end at
8:00 pm on the weekday and at 10:00 PM on
weekends and the applicant shall abide by the
conditions of the Good Neighbor Policy
Commissioner Perez second the motion the
with the condition of adding holiday’s
Vote:

Yeas - Commissioner Frost, Commissioner Lee, Commissioner Joseph, Commissioner Perez, Commissioner Caminong and Commissioner Moshoyannis
Absent – Commissioner Tan

g) EC-1312, Jason Seifer dba A.C.T. The Strand 1127 Market St. Place of Entertainment permit.

Lt. Dave Falzon stated another example of people coming together and supports the applicant.

Public comment

Stefano Castalano stated we were lucky to have the venue and is what the city needs.

Public comment closed.

Commissioner Perez moved to approve Commissioner Caminong second the motion.

Vote:

Yeas - Commissioner Frost, Commissioner Lee, Commissioner Joseph, Commissioner Perez, Commissioner Caminong and Commissioner Moshoyannis
Absent – Commissioner Tan

h) EC-1313, Josette Melchor dba Gray Area 2665 Mission Place of Entertainment permit.

Officer Avery Parker with Mission Station stated she did a drop in of the space and alcohol was sold illegally and she spoke to then and stated they would not let it happen again and would like the applicant to stay within the laws. In supports applicant.

Public Comment

Marty Grossman concerned with the hours the applicant is requesting. He added they have had a few events that were loud. He added he was in support of the permits with different hours.

Alex works from home supports applicant and loves their educational music program.

Rachel neighbor of Gray Area in full support of permit application.

Commissioner Joseph thought the project was great she added she should have reached out to her neighbors.

Commissioner Lee stated the applicant should work with the neighbors and improve their sound proofing.

Commissioner Lee moved to continue the item to the April 21, 2015 meeting Commissioner Perez second the motion

Vote:

Yeas - Commissioner Frost, Commissioner Lee, Commissioner Joseph, Commissioner Perez, Commissioner Caminong and Commissioner Moshoyannis
Absent – Commissioner Tan

i) EC-1318, Atigur Rahman dba El Toro 2470 San Bruno Ave. Place of Entertainment/Extended Hours Premises.

Mark Rennie spoke on behalf of the applicant request a conditional grant on the POE and a continuance on the extended hours.

Officer Ramirez stated they were in support of the permit and would like a monthly calendar sent to Bayview station and to set up a meeting with the applicant.

Commissioner Frost moved to approve the POE and continue the extended hours Commissioner Caminong second the motion.

Vote:

Yeas - Commissioner Frost, Commissioner Lee, Commissioner Joseph, Commissioner Perez, Commissioner Caminong and Commissioner Moshoyannis
Absent – Commissioner Tan

j) EC-1287, Jason Wanigatunga dba Fort 1 2801 Leavenworth Place of Entertainment permit.

Jason Wanigatunga stated he had an open
house and one neighbor attended, he
attended the police awareness meetings Fort 1
would be a mixes use venue.

Commissioner Joseph stated one guard was
attacked on February 14, 2015 and a patron
was attacked with an acrylic cup was smashed
on the head of a patron.

Lt. Dave Falzon reached out back in February
2015, numerous meetings and it has been
exhausting process but was and was not going
to oppose the application.

Travar works with Alitos he added he met with
the applicant and went to the venue was
impressed with the security.

Commissioner Joseph moved to approve
applicant must send monthly calendar sent to
SFPD trained security cameras security, pat
downs for all events, owners, managers and
servers must be lead or tips trained. 1 security
guard for every 50 patron, no loitering signs to
be posted on both sides of the establishment
and to and keep a log of patrons that have
been 86 Commissioner Perez second the
motion
Vote:

Yeas - Commissioner Frost, Commissioner Lee, Commissioner Joseph, Commissioner Perez, Commissioner Caminong and Commissioner Moshoyannis
Absent – Commissioner Tan

6. Commissioner Comments & Questions. [Discussion item]

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

Adjourned at 7:00 P.M.