ENTERTAINMENT COMMISSION

APPROVED MEETING MINUTES

City and County of San Francisco

 

ACTION HEARING MINUTES OF THE 

Tuesday, December 18, 2018 HEARING

City Hall, Hearing Room 416

Dr. Carlton B. Goodlett Place

San Francisco, CA  94102

 

 

 

COMMISSIONERS

 

Present

 

Ben Bleiman

Bryant Tan

Dori Caminong

Laura Thomas

Steven Lee

Dave Falzon

 

 

STAFF

 

Present

 

Executive Director, Maggie Weiland

Deputy Director, Kaitlyn Azevedo

Senior Sound Inspector, Sean Burke

Commission Aide, Crystal Stewart 

 

 

 

 

CALL TO ORDER

 

The meeting came to order at 5:38PM.

 

ROLL CALL 

 

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.  

 

Absent were: AL Perez  

 

General Public comment.

 

Public comment  

 

No public comment. 

 

2. Approval of Meeting Minutes.  Discussion and possible action to approve the minutes of December 4, 2018 Commission meetings. [Discussion and Possible Action Item]

 

Commissioner Thomas moved to approve the minutes of December 4, 2018 Commissioner Caminong second the motion

Vote -

Commissioner Tan, Commissioner Thomas, Chair Bleiman, Commissioner Caminong, Commissioner Lee, Commissioner Falzon 

Absent Commissioner Perez

Noes - None

 

 Update on Appeal filed by Ms. Gina Milano dba Halcyon, #EC-1377 POE & EHP, located at 314 11th Street, of Administrative Citation No. 21841 Issued by the San Francisco Entertainment Commission on October 13, 2018, Controller’s Office Hearing scheduled for January 3, 2019; Corrective Actions: Nothing to Report. [Discussion Item]

 

 

4. Report from Senior Inspector: Inspector Sean Burke reports on recent venue inspections and activities. [Discussion Item]

 

NEW COMPLAINTS                                                       

THU 12/6/2018 10:00:00 PM Chapel 777 Valencia POE "Amplify band that sucks at the chapel. Someone teach them how to play or take away the guitar and microphone" (Anonymous) - Inspector Fiorentino spoke with MGMT.

 

SUN 12/9/2018 5:55:00 PM       

Hotel VIA 138 King NA "I am very very frustrated to have to write this to you tonight as my guests and I are being subjected to noise from amplified music that is loud enough to shake my windows and some furniture. I am at 170 King Street." - Inspector Fiorentino is in touch with complainant and with hotel owner and is working towards bringing hotel into compliance.

 

FRI 12/14/2018 12:41:00 AM   

Audio 316 11th St POE/EHP "I'd like to make a formal complaint about the extremely loud bass coming from Audio tonight." - Inspector Fiorentino visited and found venue in compliance with sound limit.

 

SAT 12/15/2018 7:40:00 PM Croatian American Cultural Center 60 Onondaga POE "They have a live band and an absurd amount of base coming from open doors in the front and rear" (Anonymous) - Inspector Fiorentino spoke with MGMT regarding doors.

 

SUN 12/16/2018 12:10:00 AM   

1015 Folsom POE "Loud club"- Inspector Fiorentino spoke with management about complaint. Doors closed. Line in order. Will be contacting complainant to obtain more detail. 

 

12/9 @ 12:45 AM 12/16 @ 12:45 AM Barbarossa 714 Montgomery POE Complaints about reverberating bass in condos next door. Both complaints anonymous. Inspector Fiorentino discussed complaint with operator and issued verbal warning about keeping doors closed.

 

SUN 12/16/2018 2:06:00 AM  

Malibu 3395 Mission POE "Again in despair and exhaustion awoken by drunken fighting and shouting, Malibu rolls on, what can we do and when is next commission hearing?" - Inspector Burke put complainant and Inspector Fiorentino in touch.

                                                            

INSPECTIONS                                                  

FRI 12/7/2018 8:20:00 PM  

The Chapel 777 Valencia POE Inspector Fiorentino spoke with management about complaint. There was a band booked in the parking lot adjacent to The Chapel on 12/6. This will not happen again.

 

FRI 12/7/2018 10:41:00 PM Jones 620 Jones LLP 10PM Inspector Fiorentino visited in response to text/311/email complaint. Complaint has been for events held on patio. No entertainment on patio at time of inspection. Entertainment was being hosted inside with doors open. Indoor entertainment is conditioned to end at 10pm. Operator is aware of time condition and Good Neighbor Policy.

 

FRI 12/7/2018 11:22:00 PM Mission Street Sports Bar 2565 Mission POE Inspector Fiorentino spoke with management about complaint and keeping doors closed during entertainment. Will be scheduling an updated sound test to address complaint.

 

SUN 12/9/2018 1:15:00AM        

Barbarossa 714 Montgomery POE Inspector Fiorentino spoke with management about complaint and keeping doors closed during entertainment. Will be scheduling an updated sound test to address complaint.

 

SAT 12/14/2018 3:24:00 AM Audio 

316 11th St POE/EHP Inspector Fiorentino visited in response to a text complaint from neighbor. Venue was found to be in compliance with internal sound limit.

 

SUN 12/9/2018 10:34:00 AM Halcyon 314 14th St POE/EHP Inspector Fiorentino visited in response to text complaint from neighbor. Venue was found to be operating in compliance with their internal sound limit.

 

SAT 12/15/2018 10:34:00 AM Audio 316 11th St POE/EHP Inspector Fiorentino visited in response to a text complaint from neighbor. Venue was found to be in compliance with internal sound limit.

 

SAT 12/15/2018 1:05:00 AM Mission Street Sports Bar 2565 Mission Inspector Fiorentino spoke with complainant via phone. He is being disturbed by bass. Front door found to be closed and PA system was inaudible from curb. Will perform sound inspection ASAP.

 

SAT 12/15/2018 8:30:00 PM Croatian American Cultural Center 60 nondaga POE Inspector Fiorentino visited to address complaint. Operator closed doors upon request.

 

SAT 12/15/2018 11:45:00 PM Phonobar 

370 Grove OTE2AM Inspector Savino visited as part of a routine inspection and found doors to be open. Operator was asked to close doors and complied. 

 

SUN 12/16/2018 12:45:00 AM 1015 Folsom

1015 Folsom POE Inspector Fiorentino spoke with management about complaint. Doors closed. Line in order. Will be contacting complainant to obtain more detail. 

 

SUN 12/16/2018 1:50:00 AM Barbarossa 714 Montgomery POE Inspector Fiorentino visited in response to 311 complaint from neighbor. Crowd was dispersing. Spoke to management about complaint. Will continue to monitor.

                                                            

CITATION                                                         

12/7/18 10:40 PM Jones 620 Jones LLP10PM Violation of permit condition - operating past 10pm.

                                                            

ONGOING COMPLAINTS                                              

Original: Since last hearing:

11/14/16 Halcyon 314 11th St., POE/EHP SUN 12/9/18 12:57 AM "I'm hearing loud bass" - Inspector Fiorentino spoke with operator about complaint and found venue to be in compliance with sound limit.

 

9/25/18 Jones 620 Jones         

LLP UNTIL 10PM FRI 12/7 9:34 PM "620 Jones       The Bar/Restaurant is hosting a private event on their outside patio which is exceeding the allowed decibels of 68. They have music playing and loud speeches using an amplified system and you can hear it throughout the neighborhood" - Inspector Fiorentino issued citation for violation of permit condition.

       

ONE TIME 2AM - "I have just come back in town at 1:20 am on (SUN) 12/16/2018 from a business trip to find that Jones Bar is holding an event that is breach of the clauses of the "Limited Live Performance" under which the bar operates..." - No visit from field inspectors. Inspector Burke emailed complainant that Jones was operating under a One-Time Event permit."

 

10/21/18 Mission Street Sports Bar 2565 Mission POE Thu 12/6/18 12:28 AM - " Music again waking up neighbors - please fix this!" - Inspector Fiorentino has made multiple visits and is in touch with complainant. Complaint has been escalated to Director Weiland. Complaints are occurring on weeknights.

 

5. 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 police comments were made. 

 

6. Hearing and Possible Action regarding applications for permits under the jurisdiction of the Entertainment Commission. [Discussion and Possible Action Item]

Consent Calendar:

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. 

 

Deputy Director Kaitlyn Azevedo stated the permit was not complaint driven.  She added they would continue to host live jazz every night of the week.  It is listed with no conditions; therefore, 

It is on the consent agenda.  

 

Consent Agenda:

 

EC-1469 – Raglin, Jonny of The Absinthe Group, LLC, Comstock Saloon, 155 Columbus Ave., Limited Live Performance Permit. 

 

Public Comment – No public comment.

 

Commissioner Tan moved to approve Commissioner Thomas second the motion

 

Vote:

Yeas - Commissioner Bleiman, Commissioner Tan, Commissioner Thomas, Commissioner Caminong, Commissioner Falzon and Commissioner Lee

Absent - Commissioner Perez

Noes - none

 

Deputy Director Kaitlyn Azevedo stated the first permit application for this evening's agenda is a permission flick for Southern Pacific Brewing located at 620 Treat Street in the Mission Street.   She added the pub plans to use the permit to 

bring more music, along with other live bands and deejays. She added Mission station approves this permit with no conditions.

 

Chris Lawrence stated we have been doing the symphony any objection years six years now. We have been doing the symphony in the brewery for about six years, I think it's about time to make it right and apply for the permit.

 

Regular Agenda:

 

a) EC-1470 – Lawrence, Chris of Southern Pacific Brewing, LLC, Southern Pacific Brewing, 620 Treat St., Place of Entertainment Permit.

 

Public Comment - No public comment. 

 

Commissioner Thomas moved to approve with the standard Good Neighbor Policy Commissioner Camionong second the motion

 

Vote:

Yeas - Commissioner Bleiman, Commissioner Tan, Commissioner Thomas, Commissioner Caminong, Commissioner Falzon and Commissioner Lee

Absent - Commissioner Perez

Noes - none

 

 

b) EC-1471 – Carouba, Joseph of BSC Management, LLC, The Penthouse Club, 408-412 Broadway St., Extended Hours Premises Permit.

 

Deputy Director Kaitlyn Azevedo stated the Commissioners would find The Planning Commissions motion number 20330 to approve the Penthouse Club extended hours of operation from 2AM to 4AM daily.  She added they would plan to review the allowance one year from now and the evidence was provided that the building was adequately soundproofed and there was a sufficient emergency plan in place.  She added the applicant conducted extensive community outreach over the last year, including inviting the planning Commission to the hearing.

 

Jeremy Paul spoke on behalf of the Penthouse Club and briefly introduced what the Penthouse Club is and what it's doing. He added the location was formerly the home of the stone back in the '80's when it

was a major draw for some very lively entertainment and for activity on the street.

He added in the ensuing years, the penthouse club was converted into the space

in the ensuing years; penthouse

club has converted the space to a gentleman's

club, a very distinct clientele, and a very

unique presence on the block.  He added we've

had a continual presence and a strong force for improvement on the upper Broadway entertainment district.  He added the penthouse club has really been leading the way in making the changes necessary to have a foster a better

environment up on the top of Broadway and

they were proud of the work they have done there.    He added they would be willing to go back to 2AM if issues arise with the extended hours permit.  He added they were active in addressing neighborhood problem.  

 

Officer Steve Matthias with Central Police station stated the position of Central station on the extended hours they were not in favor.  He added this is based on three main points that the station is concerned about.  He added the first is regarding calls for service. This is not specifically tied to penthouse, but another club that is an after-hours club in the area.   He added the The second thing we want to talk about is you have to remember our staffing levels with the police department. Sfpd staffing levels dramatically decrease at 2:00 A.M. It's not as dramatic as Cinderella, but at 2:00, we lose 60% of our watch. That's just not the contradiction, city district, but the entire watch. That's because we have to be able to respond to calls in the afternoons.  He added if something occurs, they’re already busy because it's not just broad that way that we're talking about. If something occurs, we have to pull officers from all over the city and police our district. He added lastly, the third is there has been some opposition.  This is this was an e-mail that was prepared for the planning commission at residents along the Broadway corridor, we along with other residents do not see the need for bars to be

open after 2:00 AM.

 

Jeremy Paul stated the applicant has played close attention on how to operate and be a good neighbor. 

 

Public comment - No public comment.

 

Commissioner Thomas moved to approve to adopt the Planning Commission’s conditions and with Commissioner Falzon’s friendly amendment to add the number of existing permit conditions to the extended hours permit, specifically numbers 2, 3, 6, 7, 8, 9, 10, 11, and add a request that the operator provide the calendar one month

in advance to the Entertainment Commission and SFPD and that we do a review in a year. Commissioner Tan second the motion 

Vote:

Yeas - Commissioner Bleiman, Commissioner Tan, Commissioner Thomas, Commissioner Caminong, Commissioner Falzon and Commissioner Lee

Absent - Commissioner Perez

 

c) EC-1472– Voloshyna, Anzhelika of AV Polk, LLC, Vertigo, 1160 Polk St., Place of Entertainment Permit, change in Ownership.

 

Deputy Director Kaitlyn Azevedo stated our final permit application for this evening is a change in ownership place of entertainment permit application for vertigo, located at 1160 Polk Street.  She added Vertigo has been a part of the Lower Nob Hill many years and the owners intend to have deejays and live bands perform. The applicant has been operating

under a temporary P.O.E. Permit, which allowed entertainment until 1:30 A.M.  She added the new applicant would like entertainment until 2:00 A.M. daily and they sent out to their neighboring businesses, neighbors, and community groups, along with signatures they collected from supportive patrons. Northern station approves this permit with no added conditions. 

 

Anzhelika Voloshyna stated she was representing Vertigo as indicated on the agenda is  under new ownership and they would like to bring in an older crowd for happy hour with jazz and to be open to different types of clients.  She added they have installed soundproof windows and have security would be trained and have guard cards.

 

Commissioner Falzon stated just so you are aware, looking at your application, it appears you're going to hire your own security. Just so you know, legally to do

that, you have to be licensed as a security provider, not a difficult thing to do. He added you might want to follow up on how to do that. Because technically, if you're going to hire security on your own, you have to be licensed to do that and that it’s done through the state.

 

Commissioner Lee moved to approve with GNP Commissioner Falzon second the motion notice for patrons to leave the establishment quietly.

Vote:

Yeas - Commissioner Bleiman, Commissioner Tan, Commissioner Thomas, Commissioner Caminong, Commissioner Falzon and Commissioner Lee 

Absent - Commissioner Perez

Noes - none

 

Recessed @6:55PM

Reconvened at 7:01PM

 

7. Review and possible action to change the conditions on the #EC-1377 Place of Entertainment and Extended Hours Premises permits, dba Halcyon located at 314 11th Street, San Francisco, CA. 94103. [Discussion and Possible Action Item]

 

Executive Director Maggie Weiland stated Miss

 Milano here tonight for D.B.A. Halcyon, located at 314 11th street.  She added she was just noticing the notice to appear because that is what I noticed on the commission to have them tonight.  She added the purpose of this hearing is to consider revising conditions listed on their permits, and these are relative to issues that we have had since the last hearing on April 3, 2018.  She added you might want to consider

looking at conditions relative to time this evening, although my suggestions are primarily

around notifications conditions that are currently on the permit.    She added you have a couple of conditions, the fifth and sixth condition on the permit that require the permit 

holder to share a calendar of events one month

in advance.  She added there is a following condition that says notifying us if things change. We have had issues in terms of

having the permit holder notify us a month? In advance.  She added we just received events

going past 4:00A.M. oftentimes, we hear about it after the fact whenever, when we've received complaints during the 4:00 A.M. time frame. She added you may also want to look at

some issues related to sound mitigation. 

 

She added they thought up some ideas in terms of having a nightly record keeping of club closing times with picture or video evidence or having the permit holder keep a nightly record of decibel levels and the producing them when requested.  She added these are things the permit holder could do on their own to prove compliance.   She added it’s something that you could require of them that we could

then ask for to try to support

or protest a claim or complaint from a neighbor as these are continuing to go. And then, around sound, you May want to consider, you know,

issuing the entertainment commission with tasking us essentially with doing a new 

sound permit at the place of entertainment and 

Extended hours premises permit.  She added we 

do not actually have a lot of evidence around doing reporting ourselves on what the ambient levels are during those times you could essentially task us with doing a study like that to come up with ambient levels of those times or

you could have the permit holder do it themselves by hiring a sound consultant that would work in concert.   She added finally, you

should probably consider having a sound permit in place.  She added we don't currently have that.

 

I think that would be really helpful at looking in the current limit and finally requiring that the permit holder have a staff person

on-site at all times while hosting entertainment who understands how to use all of the sound equipment.  Just for reference on the last

nine months -- or I guess it's eight months since

Our last hearing, we do not have a activity

timeline the beginning of your packet as well as

A complaint timeline.  She added we have any data that you May need tonight or if you have

questions for us, we have staff available.

Inspector Fiorentino is here this evening, 

he has been going out and enforcing at this club

as well as various other venues across the city.

She added keep in our minds, halcyon was issued a citation which is currently under appeal, so I think for the for tonight's uses that we

should wait for the conclusion of the appeal process before we use that for the discussion tonight. We are very confident that it will be upheld, but we don't want to use that specifically as an example because that

would not give them their due process. 

 

Russell Robinson stated he represent halcyon and that halcyon is aware of its responsibilities, obligations as a good neighbor in the 11 street district. It has attempted to meet or at least

meet and confer with the two neighbors in particular who are voicing the vast majority of all these complaints that you see referenced.

He added he wanted to talk about these 

complaints, because in the greater context, that’s what’s driving this situation here.

 

Halcyon is aware that it has stayed open past 4:00 A.M., and those nights that were not

previously indicated 30 days in advance halcyon's aware of the

fact and has taken steps to mitigation that situation and in the future will be providing a least three days in advance notice. 

 

Gina Milano stated what I'm attempting to do is

preserve the reputation that I've created globally in the two years that I've been in operation by being able to successfully run an operation that's successful not only to

the guests and attendees there who are having a high quality experience, such a high quality experience, that oftentimes as

4:00 in the morning, I'm forced

to kick out on the street 100 to 200, sometimes more people at 4AM, because they're still enjoying halcyon. 

 

Public comment

 

Tony Vu stated  there is a lot of false information and exaggerated what you just heard.

I'm going to read you a letter  He stated for two years, we've talked through the warnings the  talked through the warnings, conditions, and imposition placed on halcyon.

I think it's quite safe to say that none of this hearts to Gina matters and

she doesn't take this matter seriously.

The latest violation was given on December 1.  He added this was really strange,

because if I knew I was coming

here for being over the limit notification in October, I would probably make sure not to get

caught I worked at this venue every weekend. So what does this tell you

about this permit holder and

how she operates the Entertainment Commission gone above and beyond to get halcyon on the right path, but I think it's clear that her actions are

telling you that she doesn't care. The citations and her lack of following the commissioners' directions speak for themselves. Please do not let any of this distract you from the facts.

He added I'm looking to the commissioner

for further ways to alter her

operating permit until Gina starts complying 

 

Public comment closed.

 

Gina Milano stated I've already invested that I think is more than my fair share. Secondly, I will say that I did offer to pay for the windows at one point, and I was actually you actually were the one that brought it up and said we don't want to set a precedence of resident of venues paying for a neighbor's  windows.  She added thirdly be honest, I was completely disgusted when I saw the notice the estimates from him, how low they were, and the fact that I could have mitigated this for so much less money at this point, I'm willing to pay for their windows.                

 

Commissioner Falzon stated I have a series of comments more than anything, and I would appreciate it if you would just listen. I really appreciate the comments of Commissioner Tan. He added here is the thing that I've

gotten out of you in the short

time that I've listened to you.

You say that you agree and understand, but then, we get the big butt. You act like it's so difficult for you to shut down because

everyone is having fun.

What happens when you have to

 

pull the booze at 1:30?

My take away, actually, is you

seem to have standards for one

agency and a different standard

commissioner Tan stated you have a real credibility problem with us.

We actually all want to help you, but if you can't follow the most basic rules. You have 17 conditions.   He added adding 50 to your life is not going to solve the problem, and that's why I agree with Commissioner Tan.   He added we should be heading in the opposition direction, but you simply will not afford us that opportunity because you will

not comply with what you have.

 

Commissioner Thomas moved to amend the conditions of Halcyon’s place of Entertainment Permit and Extended Hours Permit applicant shall submit a calendar at least

30 days in advance to the Entertainment, set

a time frame for the sound

consultant study since that's the most time specific Commission Commissioner Tan second the motion

Vote:

Yeas - Commissioner Bleiman, Commissioner Tan, Commissioner Thomas, Commissioner Caminong, Commissioner Falzon and Commissioner Lee

Absent - Commissioner Perez

 

8. Review and possible action to amend the Entertainment Commission’s Good Neighbor Policy: Executive Director Weiland, Deputy Director Azevedo, and Senior Inspector Burke lead Good Neighbor Policy discussion with support from working group members President Bleiman, Vice President Caminong, and Commissioner Lee. [Discussion and Possible Action Item]

 

Commissioner Thomas moved to approve

The Good Neighbor Policy as drafted with Commissioner’s Falzon’s amendments

Vote:

Yeas - Commissioner Bleiman, Commissioner Tan, Commissioner Thomas, Commissioner Caminong, Commissioner Falzon and Commissioner Lee

Absent - Commissioner Perez

Noes - none

 

9. Commissioner Comments & Questions. [Announcements]

 

Commissioner Thomas thanked the commission and staff for a great holiday party. 

 

Adjourned at 8:33PM