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


COMMISSIONERS

Present
Bryant Tan
Steven Lee
Liam Frost
Demetri Moshoyannis
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 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, Steven Lee, Demetri Moshoyannis and Liam Frost

Absent were Audrey Joseph 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.

No public comment.

Commissioner Tan motioned to nominate a chair in his absence of the meeting.

Commissioner Frost nominated Commissioner Lee Commissioner Moshoyannis second the motion.
Vote:

Yeas - Commissioner Moshoyannis, Commissioner Tan, Commissioner Caminong, Commissioner Lee and Commissioner Frost

2. Review and approve the minutes of February 3, 2015. [Action item]

Commissioner Frost moved to continue the minutes of February 3, 2015 Commissioner Lee second the motion

Vote: Same house same call

Yeas - Commissioner Moshoyannis, Commissioner Tan, Commissioner Caminong, Commissioner Lee and Commissioner Frost

3. Report from Executive Director Legislative/Policy Update: Hearing 2/23 on Late Night/Early Morning Transit work; LLP legislation drafting update; Staff and Office Update: Report on RHI Conference/Los Angeles – 2/17-20; New Commission Appointment for Seat #1; Update on Superbowl 50 connect to SF Nightlife; 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 Jordan Pauley’s report:

INSPECTIONS:
3/1/2015 10:45AM Club Monroe 473 Broadway St.: Stopped by to observe their Sunday morning party. Though issues were reported in the past, it appeared to be well managed. No issues observed.

2/27/2015 10:00 PM 787 Brennan 787 Brennan St.: A complaint was fielded by our office in regards to an illegal party taking place in the underground basement of a garage located at 787 Brennan St. I was able to talk to several unsuspecting members of the gathering about the activities taking place there before I eventually identified myself. I followed up with the complainant and there hasn’t yet been any more parties.

COMPLIANCE:
2/26/2015 9:15PM Boomerang Cocktail Lounge 1430 Noriega St.: I stopped by Boomerang cocktail lounge to inform them that they need a billiards table permit in order to be in compliance with city code. Issue has not been resolved.

2/19/2015 9:15 PM Bix 56 Gold St.: I stopped by Bix to inform them that they needed atleast an LLP in order to be in compliance with city code. They cooperated fully and are now posted.

COMPLAINT:
2/18/2015 7:45PM The Square 1707 Powell St.: A complainant reached out to our department in order to attempt to solve a noise issue with the venue. It turns out that the venue, which is a restaurant, was operating without any entertainment permit. They are now posted.

2/14/2015 9:00PM Jaxson 3231 Fillmore St.: Generated by a 311 complaint, the office was made aware of ongoing issues with crowd management at Jaxson. Upon summary inspection, no violations were observed; however, the venue was warned.

SOUND TEST:
2/28/2015 5:00PM The Basement 222 Hyde St.: Sound test was performed. Details will be finalized in the coming days.

Inspector Sean Burke’s report:

INSPECTIONS
2/28/15 2:30 AM 74 12th St: Complainant sent an email saying that there would be a large warehouse party at this address. Notified SFPD, who ended event due to lack of permit.
PERMIT INSPECTIONS
3/27/15 8:00 PM Café International 508 Haight: Need Limited Live Performance Permit.
2/21/15 10:00 PM Cotogna 490 Pacific: Unpermitted event. Informed mgmt to permit next event.
2/8/15 9:45 PM Playground 1705 Buchanan: Unpermitted karaoke. Permitting in progress.
SOUND TESTS
3/27/15 4:00 PM Empire Room 555 Golden Gate
2/18/15 4:30 PM Swedish American Hall 2174 Market
SOUND INSPECTION
2/13/15 9:45 PM & 2/14/15 10:15 PM Dolores Park Café 501 Dolores: After receiving complaint, an ambient reading was taken and compared to level during event. No complaints since visit.
NEW COMPLAINTS
2/27/15 10:45 PM Music City Rehearsals 1353 Bush: Sound leaking from rear of rehearsal space.
2/22/15 2:30 AM Bad Magician 43 Dore: Report of after-hours gathering. Unable to validate.
ADMINISTRATIVE CITATIONS
2/6/15 11:45 PM The Chapel 777 Valencia: In violation of decibel limit. 110dBC avg.
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 Mathias reported there was a shooting over the weekend not club related. He added on February 28, 2015 there was an aggravated assault at the Whiskey Thieves located at 839 Geary Street, victim was stabbed in the upper left thigh and the victim was uncooperative and would not give any details. He added there was a battery at Fort 1, 2801 Leavenworth on February 8, 2015 a victim was kicked in leg and escorted outside the club. He added on the 28th of February there was a report of brandishing a weapon at Vallejo & Stockton and the suspect was brandishing a gun inside a vehicle. He added the suspect was previously at Grant & Green from viewing the surveillance tapes he was caught with a weapon and drugs and was arrested on those charges. He added on February 28, 2015 a security guard at the Punch Line was attacked by a patron after being disruptive a bit the security officers and was booked on battery charges. He added on February 15, 2015 at 1:00 A.M. there was an aggravated assault at 2801 Leavenworth two females were attacked on the dance floor and one victim was struck on the head with a glass cup. He added they were unable to give statements due to their level of intoxication. He added on February 15, 2015 a little after 1:00 A.M. police responded to Club Atmosphere at 447 Broadway for a premise inspection the owner was asked for his count and he estimated 125. He added sergeant Gains had the Fire department respond so they could get an accurate count and they counted over 300. He added the club was required to have 1 security guard for every 50 patrons and they only had three guards that night, two had guard cards and the third one did not. He added on February 14, 2014 the security guard at the Bubble Lounge attempted to stop a patron from leaving with a cocktail at the door the patron pulled out a weapon and a struggled and the suspect left the area. He added they

No public comment.

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-1294 - Marcia Orlando dba Mina’s Brazilian Restaurant, 41 Franklin St. Limited Live Performance Permit.

b) EC-1302 - Ryoko Kobayashi dba Ryoko’s Japanese Restaurant & Bar, 619 Taylor St. Limited Live Performance Permit.
c) EC-1303 - Wes Tyler dba Chancellor Hotel, 433 Powell St. Limited Live Performance Permit.

d) EC-1304 - James Hutton, dba Players Pier 39, Lot 11 Limited Live Performance Permit.

Public Comment
No public comment.

Commissioner Moshoyannis moved to approve the consent calendar Commissioner Frost second the motion
Vote:

Yeas – Commissioner Moshoyannis, Commissioner Tan, Commissioner Caminong, Commissioner Lee and Commissioner Frost
Regular Agenda:

e) EC-347 - Rachel Herbert dba Dolores Park Café 501 Dolores St. Amendment to existing Place of Entertainment permit.

Rachel Herbert was present to amend her place of entertainment. She added when they opened the café in 1997 Dolores Park was a different place than it is today it was kinda rough and a no man’s land between the Castro and the Mission and nothing really happening on the block. She added the café became a place for people to meet their neighbors. She added from the moment they opened the café they have been about building the community. She added they have monthly art exhibits and fundraisers for nonprofit organizations. She added over the years they have witness the area change and grow. She added they have provided a space for independent artist and all of her fundraisers involve music programming. She added they were present for food and to entrainment the public. She added she was present today to be a responsible community player.

Officer Parker stated she studied at the Dolores Park Café when she moved to San Francisco. She added she hadn’t been there in a number of years. She added there was something to be said about her speech about the sense of community and the neighbor has changed a great deal. She added the original conditions on the original permit were issued 15 years ago and back then there was a noise abatement unit and they made the recommendations to the police department and that’s how the conditions became to be. She added she did a cad history for calls of service for a year and half to the location and there was one call February 6, 2015 which was anonymous and could not be reached to discuss the issues they were having. She added the Good Neighbor Policy covers the cafe’s needs.

Leslie Ahorn in supports the permit application.

Elizabeth Deyoung supports the permit application.

Steve Brown supports permit application.

Male speaker in support of application.

Female speaker co-founder of Bay Area Rising supports the permit application.

Michael supports permit application.

Diane Dodge supports the permit application.

Female speaker supports the permit application.

Female speaker who is a musician supports permit application.

Marcus supports permit application.

Shuana Baraka performs at the café and supports permit application.

Male speaker supports the permit application.

Chris stated she was the manager of Dolores Park café and supports the café.
Catrine stated she was an independent musician and supports the permit application.

Molly Craft stated she was an independent musician and supports the permit application.

David Feinstein has lived in the neighborhood for 19 years and feels it’s a great addition to the block and supports applicant.

Patty Auran stated they bought their home in 1988 and they had three kids in public school and it was not something that was recent it was something they had to deal with for years. She added she gave Rachel the benefit of the doubt and has always tried to deal with her directly and has called her many times which she will admit too. She added she could hear the music in her house with the doors and windows shut and with headphones on. She added it wasn’t every time but half the time. She added she does great work and she was not trying to close the café she would like her to take responsibility that she has not been following the terms of the permit she currently holds. She added the only reason they were here today was because she complained.

Joseph Thomas stated she was a neighbor of Dolores Park Café. He added they liked Rachel they liked the café they were not trying to close the café. He added their concerns were she has a permit that she is not in compliance with. He added he was concerned if she is issued a new permit what were the terms because they were not clear. He added before it was viewed and a war on fun there had to be a commendation to be made and much of it was based on the bands she selects.

Ronnie Johnson lived in the community for 20 years and watched the café being built and watched it open and is in supports applicant. She added the applicant has shut down performances to not get complaints.

Colin Hutchinson stated he knows the applicant and is in support of application.

Public comment closed.

Commissioner Lee stated the applicant needs to address the sound issue with possible sound proof curtains.

Rachel stated they did not necessarily want to have a music venue 7 nights a week but rather to have flexibility.

Public comment
No public comment.

Commissioner Lee moved to approve with the Good Neighbor Policy and with the sound inspection Commissioner Moshoyannis second the motion to approve Monday through Sunday until 10:00 P.M. the applicant to work with staff and the neighbors on the sound

Vote:

Yeas – Commissioner Moshoyannis, Commissioner Tan, Commissioner Caminong, Commissioner Lee and Commissioner Frost

Motion not clear new motion was proposed.

Public comment
No public comment.

Commissioner Lee moved to approve
until 10:00 pm nightly with the GNP and work with the neighbors and inspectors and remove the existing conditions dated in 1997 and have the new conditions implemented Commissioner Moshoyannis second the motion
Vote:

Yeas – Commissioner Moshoyannis, Commissioner Tan, Commissioner Caminong, Commissioner Lee and Commissioner Frost

Chair Tan excused himself from the remainder of the hearing.

Public comment
No public comment.

f) EC-1286 - Harris Rosenbloom dba Great Star Theater 636 Jackson St. Place of Entertainment permit. (continued from 1/6/15).

Commissioner Lee moved to continue item F Commissioner Moshoyannis second the motion
Vote:

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

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

Commissioner moved to continue item G Commissioner second the motion
Vote:

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

h) EC-1293 - Michael Najjar dba Fish & Farm 424 Clay St. Place of Entertainment permit.

Michael Najjar stated he would like to have a lounge type of atmosphere.

Officer Steve Mathias stated he met with the application and Central recommends approval and suggest a calendar of events.

Commissioner Frost moved to approve Commissioner Moshoyannis second the motion
Vote:

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

i) ECLSP-4671 Barbara Ockel dba Bayview Opera House 4702 3rd St. Loudspeaker Permit (one year term).

Barbara Ockel stated they have taken their entertainment to the streets until the building is renovated. She added they also have events on Mendell Plaza. 8:00 AM to 11:00 PM for amplified sound.

Public comment
No comment

Commissioner Moshoyannis moved to approve Medell Plaza and Mendell and Palou 10:00 AM start time and a 10:00 PM ending time and the applicant submit a monthly calendar to SFPD Commissioner Frost second the motion

Officer Ramirez with Bayview station recommends approval for the permit application.

6. Commissioner Comments & Questions. [Discussion item]

Commissioner Frost welcomed Commissioner
Cominong to the commission.

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

Commissioner Lee asked about the 40 day ruling for special permit procedures with late permit application that can be denied. Suggested president Tan a couple of meetings from now.

Commissioner Frost inquired about selecting a vice president at the March 17, 2015 meeting.

Adjourned. 7:20 P.M.