ENTERTAINMENT COMMISSION

City and County of San Francisco
ACTION MINUTES OF THE
Tuesday March 21, 2017
City Hall, Hearing Room 416
Dr. Carlton B. Goodlett Place
San Francisco, CA  94102

COMMISSIONERS

Present

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

STAFF

Present

Executive Director, Jocelyn Kane
Deputy Director, Maggie Weiland
Sound Inspector, Sean Burke
Commission Aide, Crystal Stewart

CALL TO ORDER

Chair Bryant Tan called the meeting to order at 5:40PM.

ROLL CALL

Director Jocelyn Kane called the Roll. 

Al Perez was absent at the time of roll call.

Al Perez arrived at 5:43PM.

Chair Tan continued item No. 7 Place of Entertainment and Extended Hours Premises permit, dba Halcyon to the April 4, 2017.   He added Gina Milano or her staff could make it to tonight’s meeting.  He added in addition he instructed staff Police Code 1060.12.  He added the section relates to noise abatement.  He added Halcyon had 60 days from the last hearing to provide the Commission their plans for how to abate the noise and sound proofing.

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

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.

Kelly Ellis stated they have not received a timeline for improvements and would hope the Commission would place some restrictions on Halcyon after hours permit until such a plan can be developed and put in motion.   She added last weekend was particularly bad.   She added she hoped the Commission could provide some way that Halcyon were in their limits particularly afterhours.             

Tony Vu stated since the last hearing two weeks ago he has stayed up after 2AM on the weekend and they were still sound leakage at Halcyon. He added while the high frequency has improved there was still a lot of base coming through into their bedrooms and what the Commission could do until a plan was put in place.

2. Approval of Meeting Minutes.  Discussion and possible action to approve the minutes of March 7, 2017 Commission meeting. [Action Item]

No public comment.

Commissioner Thomas moved to approve the minutes of March 7, 2017, Commissioner Caminong second the motion

Vote:

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

3. Report from Executive Director: Legislative/Policy Update: Update on addition of Hotel/Motels to Chapter 116 (BOS File #161064); Update on RDR projects regarding disclosure requirements outlined in Admin Code Chapter 116; Staff and Office Update: Update on DBI Warehouse Working Group; Report on RDR projects that did not need a hearing per EC policy; Report on Director’s appearance at 2017 SXSW, Austin TX; Discussion regarding dates and topics for 2017 EC Retreat; Corrective Actions: Nothing to Report. [Discussion Item]

4. Report from the Sound Inspectors: Sean Burke report on recent venue sound inspections and report of activities by staff. [Discussion Item]

Inspector Burke’s reported the following:

SITE INSPECTIONS                          

3/10/17 11:00P   Gray Area 2665 Mission      Routine visit. Spoke with owner who has not received complaints. Security presence in front of venue good. Inaudible from 50'. Has meter on site and is aware of sound limit.

3/11/17 1:00A  La Oficina   4234 Mission  Visited at request of SPPD Ingelside permit officer after report of sound escaping premises and unruly patrons. Door closed and no crowd outside. Inaudible from 50'.

3/11/17 11:45P   Irish Bank 10 Mark Lane  One-Time Outdoor Amplified Sound permit. Event ended prior to conditioned time. Inaudible past 250'. In compliance. SFPD presence on site.

NOTICE OF VIOLATION  

3/10/17 11:00P   Halal Guys 340 O'Farrell Operating after 2am without Extended Hours Premises permit. Owner is in touch with EC Staff and will be brought into compliance.                                                           

SOUND TEST                     

3/12/17 1:00A Lone Star Saloon 1354 Harrison Passed.

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 comments were made.

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

Regular Agenda:

EC-1396 – Brinkley, David, Anderson Pugash, Audio, 316 11th St., Extended Hours Premises Permit.

Deputy Director Maggie Weiland Stated the first permit application for this evening is an Extended Hours Premises permit application for Audio. Audio is requesting to add this permit to their existing Place of Entertainment use as a mid-sized dance club, lounge, and restaurant located at 316 11th Street. They want to provide dancing after 2am, and are asking that the Commission grant them a permit that allows them a 6am operation, however it is their intent to operate the majority of the time until only 4am on Fridays, Saturdays, and holidays. I have received letters of concern from neighbors Tony Vu, Kelly Ellis, and Mike Koran that you will see in your files, and I have received letters of support from 19 individuals who appear to be artists, promoters and club attendees. Southern Station approves this permit with attached conditions. Here to tell you more about Audio’s application for an EHP is owner David Brinkley as well as Mark Rennie.

Public comment

Tony Vu asked the Commission to postpone any afterhours permits on 11th street until they could solve their current situation with Halcyon. If they allow Audio to operate afterhours they have the same situation with multiple owners pointing fingers at each other on noise complaints and create more difficulties for the Entertainment Commission staff to find the source of sound which is happening now.   He added he loved what 11th Street offered San Francisco but they also need help in regards to how it operates.

Mr. Sillman stated he echoed Tony’s comments and cannot feel confident at this time with Audio’s afterhours permit because of the current issues they are having with Halcyon.  He suggest that Audio have a third party agency to ensure the building was soundproofed.

Kelly Ellis stated she lived across the street from Audio and request that the permit not be granted for two primary reasons.  She the first reason as they have learned with Halcyon was decibel noise limits were based on ambient noise and operations could continue until early morning and when doors are left open the noise increases.  She added the second reason the venue should not have their permit extended further since they are not upholding the existing guidelines of the Good Neighbor Policy.

Commissioner Lee moved to approve Commissioner Thomas second the motion

Vote:

Yeas - Commissioner Lee, Commissioner Caminong,

Commissioner Thomas, Commissioner Tan, Commissioner Perez,

Commissioner Frost and Commissioner Ben Bleiman

EC-1398 – Frenkel, Thomas, Finnegans Wake, 937 Cole St., Limited Live Performance Permit.

Deputy Director Weiland stated the second and final permit application for this evening is a Limited Live Performance permit application for Finnegans Wake located in Cole Valley. Finnegans Wake is a bar that currently has active Billiard Parlor and Mechanical Amusement Device permits. Their planned entertainment will mostly be live bands playing mostly acoustic music 1 or2 2 nights per week. The nights they would like to have entertainment will vary, but they want the flexibility to have entertainment until 10pm any night of the week. I received 110 signatures of support for this application as well as a letter of support from the Cole Valley Improvement Association with a stipulation that the bar end live music by 10pm, that the entertainment be restricted to the indoor area, and that the music cannot be heard in nearby residential units. We did also receive one letter of protest for this permit application which you will see in your file. Park Station approves this permit but recommends the Good Neighbor Policy and a sound abatement test be performed by an EC Sound Inspector as conditions.

Commissioner Thomas moved to approve with SFPD conditions Commissioner Frost second the motion

Vote:

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

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

Item continued to the April 4, 2017 Commission meeting.

8. Discussion and Possible Action regarding draft ordinance amending the Police Code to revise permit requirements, procedures, and filing fees for outdoor amplified sound and sound truck permits issued by the Entertainment Commission and establish a permitting procedure for street performers using outdoor amplified sound equipment.  [Discussion and Possible Action]

Director Jocelyn Kane she needed a formal action to proceed the item further.

Chair Tan moved to continue the item to the next commission meeting to allow all the Commissioners to read the draft ordinance.

Commissioner Bleiman moved to continue the item to the April 4, 2017 Commission meeting Commissioner Frost second the motion.

Vote:

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

9. Election of Vice President. This item allows the Commissioners to nominate and elect the seat of Vice President of the Entertainment Commission. [Action Item]

Chair Tan moved to nominate Laura Thomas as Vice Chair of the Entertainment Commission Commissioner Caminong second the motion

Vote:

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

10.  Commissioner Comments & Questions. [Discussion Item]

Commissioner Frost suggested to staff that anytime applicants came before the commission to modify their existing permit or have a two year history of complaints.

Commissioner Ben Bleiman volunteered to help in any way with the issues of Halcyon and the 11th street area.   He added there was a shooting on 9th Street that was incorrectly reported by Kron 4 outside Beasab and they forcefully pulled back and Kron 4 retracted their statement.

ADJOURNMENT   8PM