ENTERTAINMENT COMMISSION
City and County of San Francisco
MINUTES OF THE
Tuesday, February 3, 2015
City Hall, Hearing Room 416
Dr. Carlton B. Goodlett Place
San Francisco, CA 94102


COMMISSIONERS

Present
Bryant Tan
Steven Lee
Audrey Joseph
Liam Frost
Al Perez
Demetri Moshoyannis

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 Hyde called the meeting to order at 5:34PM.

ROLL CALL

Director, Jocelyn Kane called the Roll.

Present at the meeting were Commissioners, Bryant Tan, Al Perez, Steven Lee, Audrey Joseph, Demetri Moshoyannis 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.

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 January 6, 2015 & January 20, 2015. [Action item]

Commissioner Joseph moved to bifurcate the minutes of January 6, 2015 & January 20, 2015 Commissioner Moshoyannis second the motion.

Vote:
AYES – Commissioner Frost, Commissioner Lee Commissioner Joseph Commissioner Perez Commissioner Moshoyannis and Commissioner Tan
Noes - None

Public comment
No public comment

Commissioner Perez moved to approve the minutes of January 6, 2015 Commissioner Joseph second the motion
Vote:
AYES – Commissioner Frost, Commissioner Lee Commissioner Joseph Commissioner Perez Commissioner Tan
Abstain Commissioner Moshoyannis and Commissioner Tan
Noes - None

Public comment
No public comment

Commissioner Frost moved to approve the minutes of January 20, 2015 Commissioner Perez second the motion
Vote:
AYES – Commissioner Frost, Commissioner Lee Commissioner Perez Commissioner Tan, Commissioner Moshoyannis
Abstain Commissioner Joseph
Noes - None

3. Report from Executive Director Legislative/Policy Update: Late Night/Early Am Transit Working Group update – 2/23 hearing date; Staff and Office Update: Vacant Commission Seat update – February 12 hearing date; Late February publication of Economic Impact Study on Outdoor events; Revised POE application questionnaire review. 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]

Inspector Burke - Notes for EC meeting 2/3/15
INSPECTIONS
1/30/15 – 10:45 PM & 1:15 AM 1200 Indiana: Bayview permit officer received a tip that there would be a large warehouse party at this address. No music was audible. Nobody was seen entering or exiting the premises. Sent findings to SFPD permit officer.

PERMIT INSPECTIONS
1/30/15 Buster’s 366 Columbus: Need Extended Hours Permit. Staff is in touch.

SOUND INSPECTIONS
1/31/15 - 11:35 PM Hawthorn 46 Geary: After receiving complaints of disorderly lines and vibrations from music disturbing residents of a nearby hotel, it was found that a level of 102dBC was reached inside the club. Lines did not appear disorderly at time of inspection. The hotel where complaints originated was visited and no music was audible from inside. The venue in question did reposition some speakers, which may be a solution. Will continue to monitor and follow up with complainants for update. Venue and complainants are in touch directly.

NEW COMPLAINTS
Hawthorn 46 Geary: Loud bass and disorderly lines disturbing occupants of nearby hotel.
ADMINISTRATIVE CITATIONS
1/31/15 - 10:20 PM Metronome Ballroom 1830 17th: In violation of LLP 10pm cutoff time. Witnessed DJ actively mixing CDs behind booth. In excess of agreed upon 90dBC maximum.
Inspector Pauley - Notes for EC meeting 2/3/15

INSPECTIONS:
2/1/2015 2:15AM Temple Nightclub 540 Howard St.: Stopped at the venue because of ill-managed sidewalks.
1/31/2015 10:50PM Broadway Studios 435 Broadway St.: Performed a summary inquiry into their night’s events.
1/18/2015 11:00PM Fillmore Auditorium 1805 Geary Blvd.: Performed a summary inquiry into their night’s events in conjunction with a major hip-hop/show.

COMPLIANCE:
2/1/2015 12:15AM The Cellar 685 Sutter St.: Performed a summary inquiry into their event’s happenings. In compliance.

COMPLAINT:
1/28/2015 9:00PM %ABV 3174 16th St.: A noise complaint was received by our office. Performed a summary inquiry into whether or not the bar needs an entertainment permit. The venue does not need a permit. The venue was warned about their sound levels.
1/2/2015 9:00PM Nena’s Cafe 3459 Mission St.: A noise complaint was received by our office. After a summary inquiry, it was determined that the complaints are being generated after close of business and not by way of a DJ or other legislated “entertainment”. Matter referred to the police department.

PERMIT UPDATES:
1/23/2015 9:00PM Dragon Lounge 1355 Taraval St.: Contact information was updated.

OTHER ISSUES:

2/1/2015 12:50AM Kells Irish Restaurant & Bar 530 Jackson St.: The premises around the area of Kells Irish Restaurant pose a safety issue. Lighting is extremely poor and contribute to loitering and other random issues. 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).

Officer Steve Mathias from Central Police station stated it has been relatively quiet the last four weeks in the central district. He added Hawthorne had an assault outside the venue where they were assaulted with a glass bottle which is a sudden act of violence the club assisted with the investigation, a notice of violation was given to Club Monroe at 9am in the morning violation of the Good Neighbor Policy with noise and multiple cars in the double lane owner and security were advised. Noise complaints at Atmosphere at 11:45P.M. for a special event. He added he met with the Vessel and the hotel across the alleyway regarding improvements and issues with the venue. He added there were thefts and Ruby Skye and club Monroe.

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

a) EC-1286 Harris Rosenbloom dba Great Star Theater 636 Jackson, Place of Entertainment Permit.

Deputy Director Cammy Blackstone stated the item was continued and they were still working with the planning department.

Commissioner Joseph moved to continue the item at the request of the applicant to the meeting in March 3, 2015 meeting Commissioner Moshoyannis second the motion.
Vote:
AYES – Commissioner Frost, Commissioner Lee Commissioner Joseph Commissioner Moshoyannis, Commissioner Perez and Commissioner Tan
Noes – None

b) EC-1149 Atique Rehman dba Naan & Curry 336 O’Farrell amendment to existing Extended Hours permit.

Atique Rehman stated he was the owner of Naan & Curry on 336 O’Farrell and he was trying to correct things and move forward.

Commissioner Lee stated the Commission want to establish the applicant’s responsibility and the expiration dates of their permits.

Chair Tan stated the commission was supported of good business owners. He added they wanted to see responsible business owners that pay their taxes and give their permits to the police department when they ask. He added he felt for him as a business owner but he had to work with the Commission and city departments and be clear direct and responsive.

Officer Torres stated there was an assault at the Naan & Curry restaurant in November 2014 and officers informed him that the owners refused to show their permits and were uncooperative. He added they did an investigation of their permits and calls for service and found out the applicant did not pay their tax license for three years and the code reads he cannot operate his extended hours without paying his tax license. He added he went out to the venue and spoke with the operator and there were no permits displayed. He added he called the applicant three times and never received a returned phone call from the applicant. He added they feel they shouldn’t allow the applicant to operate until 5:00 A.M. since he hasn’t paid his taxes and asked the Commission to disapprove the extended hour request. He added the venue also lost their liquor license to the state of California for nonpayment.

Commissioner Joseph stated you needed to make sure your permits were up-to-date

Mr. Nulty stated the applicant hand to follow the rules like everyone else. He added he has ate the establishment and feels they should do a continuance to do public outreach.

Commissioner Joseph stated ignorance of the law was no excuse and there was lack of outreach to the community was a negative for her as well and the fact the applicant felt he did not have to answer the Commission questions and she would not approve the permit.

Commissioner Lee stated that the applicant should consider his permit like gold and he did not understand the disregard.

Director Jocelyn Kane was not sure waiting 1 year applied to amendment and she would have to look into it but believed the applicant can come back and reapply for the permit.

Commissioner Frost moved to deny the permit application Commissioner Perez second the motion second the motion.
Vote:
AYES – Commissioner Frost, Commissioner Lee, Commissioner Joseph Commissioner Moshoyannis, Commissioner Perez and Commissioner Tan
Noes – None

7. Hearing to consider and adopt amendments to its "Rules and Hearing Procedures for Proceedings to Suspend or Revoke Place of Entertainment Permits and Permits for Extended Hours Premises." The hearing will address (1) updating the grounds for suspension and revocation to reflect the current grounds for suspension and revocation stated in the Police Code, and (2) extending the rules and procedures, possibly with some modifications, to cover suspension and revocation of Limited Live Performance permits. [Action item]

Commissioner Joseph moved to approve the Rule changes Commissioner Lee second the motion
Vote:
AYES – Commissioner Frost, Commissioner Lee, Commissioner Joseph Commissioner Moshoyannis, Commissioner Perez and Commissioner Tan

8. Commissioner Comments & Questions. [Discussion item]

Commissioner Joseph closed the meeting in
honor of Eddie Bell “Cookie Dough” who was an
iconic San Francisco person who spent his time
entertaining and raising money for charities
and other causes. He passed away on January
29, 2015 services will be held on March 1, 2015
at the Victoria Theatre.
No public comment made.

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

Commissioner Joseph expects to see everyone
at the Nitey Awards on March 2, 2015.

Adjourned at 7:34 P.M.