Entertainment Commission     City and County of San Francisco 

 

Draft Meeting Minutes 

 

Room 416, City Hall

1 Dr. Carlton B. Goodlett Place

San Francisco, CA. 94102

 

Tuesday, February 5, 2019, 

5:30 P.M.

Regular Meeting

 

COMMISSIONERS PRESENT:  Ben Bleiman (President), Dori Caminong (Vice President), Dave Falzon, Steven Lee, Al Perez, Laura Thomas

 

THE MEETING WAS CALLED TO ORDER BY PRESIDENT BLEIMAN AT 5:34 PM 

 

STAFF IN ATTENDANCE: Executive Director Maggie Weiland, Deputy Director Kaitlyn Azevedo, Senior Inspector Sean Burke, Commission Aide Crystal Stewart 

COMMISSIONER ABSENCE: Bryant Tan 

 

SPEAKER KEY:      

 

+ indicates a speaker in support of an item;

-  indicates a speaker in opposition of an item; and 

= indicates a neutral speaker or a speaker who did not indicate support or opposition 

 

CALL TO ORDER AND ROLL CALL       

 

1. General 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.  

 

SPEAKERS: = Pete Glikshtern addressed the Commission on resolving the issues at Jones, located at 620 Jones Street.

 

2. Approval of Meeting Minutes.  Discussion and possible action to approve the minutes of the January 15, 2019 Commission meeting. [Discussion and Possible Action Item]

SPEAKERS: None 

ACTION: Minor correction on page 11 from Commissioner Lee.

MOTION: Commissioner Lee approved the January15, 2019 minutes with a minor correction on page 11. Commissioner Falzon seconded the motion.

AYES: Commissioner Perez, Commissioner Thomas, Commissioner Caminong, President Bleiman, Commissioner Lee, and Commissioner Falzon. 

NAYS: None

ABESENT: BRYANT TAN

 

3. Report from Executive Director: Legislative/Policy Update: Updates on BOS File No. 181211 re: Health, Planning, and Police Codes - Small Business Permit Streamlining, and BOS File No. 190109 introduced on January 29, 2019 amending the Police Code to establish procedures for the Office of Cannabis to issue permits authorizing cannabis consumption and sales in connection with temporary events; Staff and Office Update: Updates on 11 Districts of Entertainment program, SF Outdoor Events Network: Cannabis and Special Events, SF Entertainment Commission Blog, and San Francisco Nightlife and Entertainment Summit 10; Update on Board of Appeals Actions: Update on Decision re: 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; Corrective Actions: Nothing to Report. [Discussion Item]

 

Director Maggie Weiland gave the Commission an update about the legislation presented at the last hearing from the Office of Economic and Work Force Development about streamlining permits for small businesses. She spoke about another piece of legislation that is currently being tracked, Board of Supervisors file 190109, around cannabis event permitting.  She added that the Outdoor Events Network mixer series held on January 28, 2019 around cannabis and special events by Senior Analyst Dylan Rice was the most successful event thus far, and it will be interesting to see how this is implemented locally as we move forward. She spoke about the first 11 Districts of Entertainment program outing with District 1 Supervisor Fewer, noting that it went well.  She gave an update on the citation appeal from Halcyon, stating that the Entertainment Commission lost the appeal because the sound meters need to be calibrated in between every sound reading the inspectors take. She added that moving forward, staff have changed the standard operating procedures to ensure the meters are calibrated between each use. 

SPEAKERS: None

ACTION: None 

 

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

NEW COMPLAINTS                                                      

SAT 1/19/2019 12:44:00 AM Temple 540 Howard POE/EHP "Very loud noise coming from nightclub. This is happening again now like it did last Friday and Saturday. It is so loud that I can hear it from my apartment 30 floors up and two blocks away at 33 Tehama Street. This is a new building I am living in and it is trying to recruit new tenants. They will not be successful in doing so if this noise issue was known." - KNOWN / ACTION: Inspector Fiorentino brought venue into compliance with sound limit and followed up with complainant. Complainant stated that level was not disturbing after inspector's visit.

SUN 1/27/2019 1:25:00 AM Bar Nua 561 Columbus "Extremely loud. Should be inspected for sound proofing." - ANONYMOUS / ACTION: Inspector Fiorentino did not find entertainment being hosted upon arrival. Operator does have occasional nights with bands. Will bring venue into compliance.

SUN 1/27/2019 6:37:00 PM Lone Star Saloon 1354 Harrison POE "Hi folks, well, Saturday January 26, the Lone Star was rocking out, the back door (doors?) were wide open, and the bass beat was rocking the neighborhood. ...around 11:30PM, after I was woken up by the bass thump; Is there no way to get a permanent change in the bar’s behavior? They are clearly in violation of the good neighbor policy and have never done anything to fix their ventilation so those doors can be closed. They’ve never done anything else to effectively contain their sound. They have had years to comply with the regulations. I am frustrated and have run out of patience, as this situation has not changed. Help! - KNOWN / ACTION: No inspector on duty - Inspector Burke followed up with complainant and inspectors will be visiting this weekend. 

MON 1/28/2019 8:51:00 AM Doppio Zero 395 Hayes NA "Doppio Zero --- Caller reporting on 1/19/19, 1/25/19 and 1/26/19 The establishment is playing loud music, caller states the bass needs to be turned down, caller states he has to turn his TV up and then his neighbors complain that his tv is too loud." - KNOWN / ACTION: Inspector Burke called complainant. No entertainment, just piped music. Referred complainant to SFPD non-emergency, and forwarded complaint along to permit officer.

FRI 2/1/2019 9:00AM The Chapel 777 Valencia POE "I have struggled for 4 years to live in peace. I cannot tolerate anymore noise from the Chapel." - KNOWN / ACTION: Director Weiland has forwarded complaint to operator. Inspector Savino issued verbal warning regarding exceeding internal sound limit on 2/1. Inspector Fiorentino will be following up this weekend.

SAT 2/2/2019 9:04:00 AM Public Works 195 Erie "Very loud bass from Public Works nightclub. Started around 10pm and went until past 2am" - KNOWN / ACTION: Inspector Fiorentino issued verbal warning to venue for operating in excess of internal sound limit and put operator in touch with complainant directly.

2/2/19 1:06 AM Love & Propaganda 85 Campton POE Inspector Savino visited due to Northern Station sending over a Police Report. We did not received an Incident Report from operator. Made sure they have a blank form, and requested they send within 24 hours of incident moving forward.

SAT 2/2/2019 10:30:56 PM Emporium 616 Divisadero POE Inspector Savino visited at the request of Inspector Burke due to larger act performing. Lines, light, and security presence outside were all good. Venue increased sound abatement on South alley doors.

SAT 2/2/2019 11:33:35 PM Riptide 3639 Taraval POE Inspector Savino performed sound compliance check and found venue to be in excess of internal limit. Will be issuing a Notice of Violation.

SUN 2/3/2019 1:35:06 AM Hue 447 Broadway   POE Inspector Savino performed a Security Plan inspection at the request of Director Weiland and found venue to be in compliance on all accounts.

                                                          

CITATIONS AND NOTICES OF VIOLATION                                                           

FRI 1/18/2019 10:15:00 PM Jones 620 Jones LLP Violation of GNP #7 - Door open while hosting entertainment. Violation of Permit Condition - "Live entertainment is permitted Tuesdays through Saturdays until 10pm" Inspector Savino witnessed a door, separating the inside with DJ & PA from the outdoor patio, ajar while entertainment occurred after 10pm.

SAT 1/26/2019 1:36:00 AM Mission Street Sports Bar 2565 Mission POE Inspector Fiorentino found the venue in violation of Good Neighbor Policy #7 due to their front door being propped open during the performance of entertainment.

 

 

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]

SPEAKERS: None

ACTION: None 

 

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

Regular Agenda:

a) EC-1474 – Cheng, Henry of 3910 Lounge, LLC, 3910 Lounge, 3910 Geary Blvd., Place of Entertainment and Mechanical Amusement Device Permits. 

Application for a Place of Entertainment and Mechanical Amusement Device permits for 3910 Lounge located at 3910 Geary Boulevard in the inner Richmond. The permit applicant was seeking to come into compliance by applying for a POE and MAD permit. Their main form of entertainment is karaoke and live DJs, and they plan to have karaoke contests, and small jazz and acoustical groups perform. Applied for the MAD permit because they have a basketball machine, claw machine, and punching bag machine inside the venue. Commissioner files included signature sheets from patrons in support of their permit. Deputy Director Azevedo noted that the Fire Department told 3910 Lounge at an Administrative Hearing on January 24th, 2019 to not operate until all fire hazards are abated. Despite this directive, the premises was open on February 2nd and February 3rd. Included in the file was the two SFFD Administrative Citations they were issued for being open, along with the ads on Instagram advertising the venue being open for Superbowl Sunday. Officer Bryant from Richmond Station came to the hearing to give a verbal recommendation of permit conditions for the applicant, as they have had ongoing enforcement issues with this venue. Commissioners were given an attachment of the conditions, as well as a diagram of the venue indicating the location of security cameras that Richmond Station is recommending the applicant install. 

 

Staff recommendation: Approval with Good Neighbor Policy, and the following recommended PD conditions:

1. Permit holder will have two security guards onsite with guard cards on their person during hours of operation on Thursday, Friday, and Saturday beginning at 7 pm until closing. 

2. Permit holder will send a monthly calendar of events to Richmond Station at Richmond.events@sfgov.org and the Entertainment Commission at least one week prior to the following month beginning. 

3. Entertainment will end by 1:00 am, every night of the week. 

4. Permit holder shall have security cameras located at all entries and exits, inside each karaoke room, and covering the main congregating area inside the bar. Permit holder shall retain video surveillance footage for a minimum of 30 days, and shall provide footage to SFPD at their request within 48 hours, regardless if an incident has occurred or not. 

 

SPEAKERS: = Kaitlyn Azevedo, Deputy Director – Staff report

+ Henry Cheng, Owner

+ Mark Rennie, Representative of Owner

= Officer Joshua Bryant, Richmond Station. Stated his concerns with 3910 Lounge, which included: crowd management and disbursement, underage patrons, and a recent visit from the Fire Marshall and SFPD where the venue was cited for violations.  He requested Entertainment Commission to approve the permit application with SFPD’s conditions. 

ACTION: Continued to February 19, 2019 due to Richmond Police Station’s concerns with discrepancies and other issues that need to be addressed with the applicant’s security plan. 

MOTION: Commissioner Falzon moved to continue the item to the February 19, 2019 Commission meeting, Commissioner Perez seconded the motion.

AYES: Perez, Caminong, Thomas, Bleiman, Lee, Falzon

ABSENT: Tan

b) EC-1482 – O’Keeffe, David and Gerard of COGAC Group LLC, Hotel VIA, 128 King St., Limited Live Performance permit with Outdoor Entertainment.

 

Application for a Limited Live Performance permit with Outdoor Entertainment for Hotel VIA located at 128 King Street. The applicants were seeking to come into compliance by applying for an LLP permit to continue hosting entertainment both in their street level bar as well as on their rooftop. Applicants currently have occasional entertainment inside the bar, but the majority of entertainment is held on their rooftop where they have corporate events, weddings, birthdays, and Sunday day-parties with live DJs. Commissioners were provided with the applicant’s outdoor sound mitigation plan, as well as a sound study report submitted by Charles Salter & Associates. Per the plan, the applicants intend to have their own sound engineer onsite when the Entertainment Commission inspector conducts the sound test, will notify neighbors in advance of any outdoor entertainment and/or amplified sound, and will provide neighbors with a phone number to contact a manager during events with entertainment or amplified sound.  There were letters of support from neighboring businesses and signatures they collected from patrons supporting their LLP permit application. Southern Station approved this permit with the conditions listed below. 

 

Staff recommendation: Approval with Good Neighbor Policy, and the following recommended conditions (Conditions #3-10 are recommended by SFPD Southern Station):

 

1. Permit holder must comply with MPC Article 15.1 Section 1060.16, Outdoor Amplified Sound Regulations. 

2. Permit holder shall adopt their proposed sound mitigation plan for outdoor entertainment and amplified sound. 

3. Hire sufficient security staff or 10B (off-duty SFPD) to facilitate events.

4. The permit holder will monitor the sound coming from the venue during hours of operation to ensure compliance with the permit.

5. If complaints are made to the police, the volume must be turned down if requested by the police. 

6. Must comply with the times and types of entertainment as described in the permit application.

7. Must comply with all requirements of SFFD occupancy codes/requirements.

8. Permit holder shall be responsible for the management of outside promoters, special events, and the patrons inside and on the perimeter of the venue. 

9. There shall be a manager on-site during the hours of operation as a point of contact. 

Notify Southern Station Permits Officer and/or Events Supervisor, as well as the Entertainment Commission, of special events for situational awareness.

 

SPEAKERS: = Kaitlyn Azevedo, Deputy Director – Staff report

+ Barbara Perzigian, Manager

+ Jordan Roberts, Salter and Associates 

 

ACTION: Limited Live Performance permit was conditionally granted to Hotel VIA. 

MOTION: Commissioner Falzon recommended approval with staff’s recommendations leaving No. 2, 5, 8 and 10, and striking the remainder.  Commissioner Perez seconded the motion. 

AYES: Perez, Caminong, Thomas, Bleiman, Lee, Falzon

NAYES: None

ABSENT: Tan

 

7. Review and possible action to amend the Entertainment Commission’s Good Neighbor Policy: Executive Director Weiland, Deputy Director Azevedo, and Senior Inspector Burke suggested that the Entertainment Commission accept a minor edit to the recent Commission-amended Good Neighbor Policy. [Discussion and Possible Action Item]

SPEAKERS:  + Stefano Cassolato supported the amendments. 

ACTION: Revisions to Good Neighbor Policy were accepted and approved by the Commission.

MOTION: Falzon moved to approve the amendments to the Entertainment Commission’s Good Neighbor Policy, Commissioner Caminong seconded the motion.

AYES: Perez, Caminong, Thomas, Bleiman, Lee, Falzon

NAYES: None

ABSENT: Tan

 

8. Commissioner Comments & Questions. [Announcements]

 

Commissioner Perez wished the commission a Happy Chinese New Year.

Commissioner Falzon acknowledged a place that the Entertainment Commission worked very hard to help open, the Fillmore Heritage Center. In honor of Black History month they are having an event Saturday, February 9, 2019 from 12:00 P.M. To 1:00 P.M. and an event to follow from 1:00 P.M. To 2:00 P.M.   He added the Chief of Police is going to attend, as well as the Mayor and Supervisor Vallie Brown.  He added that Halcyon has been moving forward quite well, and there has been tremendous collaboration and hopefully at some future date, the Commission can bring them back and they can share their successes with everybody.

President Bleiman stated, “There is definitely something in the air in the City around entertainment.” 

SPEAKERS: None

 

ADJOURNMENT 7:24PM