ENTERTAINMENT COMMISSION
City and County of San Francisco
ACTION MINUTES OF THE
Tuesday, May 15, 2018
City Hall, Hearing Room 416
Dr. Carlton B. Goodlett Place
San Francisco, CA  94102

 
COMMISSIONERS

Present

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

STAFF 

Present

Acting Director, Maggie Weiland
Senior Analyst, Community & Cultural Events, Dylan Rice
Commission Aide, Crystal Stewart

 
CALL TO ORDER

The meeting came to order at 5:34PM.

Laura Thompson was absent.

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. 

1. General Public comment.

No public comment was made.

2. Approval of Meeting Minutes.  Discussion and possible action to approve the minutes of May 1, 2018 Commission meeting.               [Action Item]

Commissioner Caminong moved to approve Commissioner Lee second the motion.  

Vote:
Yeas - Commissioner Caminong, Commissioner Perez
Commissioner Tan Commissioner Frost Commissioner Lee
and Commissioner Bleiman
Absent – Commissioner Thomas

3. Report from Acting Director: Legislative/Policy Update: Nothing to Report; Staff and Office Update: Update on Sound Inspector Onboarding; Update on Board of Appeals Actions: Nothing to Report; Corrective Actions: Nothing to Report. [Discussion Item]

Acting Director Maggie Weiland introduced the Entertainment Commission’s new Sound Technician Mike Florentino.

4. Report from the Senior Analyst: Dylan Rice shares an update on current projects to support the vitality of community and cultural outdoor events. [Discussion Item]

Dylan Rice, Senior Analyst of Community and Cultural Events stated he held their fourth mixer for the SF Outdoor Events Network for Event Producers.  He added there was always a theme at the mixers and he was inspired by the presentation that the Health and Harm Coalition did at the Entertainment Commission’s summit. He added he thought it would be great to dive into it and there was a lot of data to show the use of opiates rather intentional or unintentional was on the rise nationally as well as the Bay Area.   He added event producers were legally responsible for their participants at their events.   He added they hosted a dynamic speaker from the Harm Reduction Coalition who talked about the signs to look for and how to respond.  He added the Outdoor Events Guide was till trucking and still being reviewed by the Deputy City Attorney and 7 different departments.

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]

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.
 
Consent Agenda:

a) EC-1443 – Doucet, Kevin, Dogpatch Wineworks, 2455 3rd St., Limited Live Performance Permit.
Public comment

Terry Myerson stated he did not object to the license but he did object to the procedure.   He added no one knew about the hearing until yesterday and the posting was inside of the square as well as the San Francisco brewing Company that was approved in February.  He added he did request that Jamestown does some type of noise abatement. 

A represented spoke on the Jamestown permit and stated going forward they would work with the residents.

Commissioner Frost asked if they could remove item B off the consent calendar for discussion.
Commissioner Frost moved to approve the consent calendar Commissioner Bleiman second the motion

Vote:
Noes  - Commissioner Caminong, Commissioner Perez, Commissioner Tan Commissioner Frost Commissioner Lee, and Commissioner Bleiman
Absent – Commissioner Thomas

Public comment

No public comment.

Commissioner Frost moved to put item B on the regular agenda Commissioner Lee second the motion

Vote:
Yes  - Commissioner Caminong, Commissioner Perez, Commissioner Tan, Commissioner Frost, Commissioner Lee and Commissioner Bleiman
Absent – Commissioner Thomas

Commissioner Frost inquired about what public outreach was done.

A female representing Jamestown stated they reached out to internal tenants and the Fairmont and have an eternal agreement with what worked with their hotel guest as it relates
to events to the Fontana Towers.   She added they had not received any prior complaints but would be working with Fontana Towers regarding event.

b) EC-1444 – Jamestown Premier GHRSQ, L.P., Jamestown Premier GHRSQ, L.P., 900 North Point St., Limited Live Performance Permit, Outdoor.

Commissioner Caminong moved to approve with item B adding that a sound test be conducted at one of the events and the Vice Chair added a friendly amendment to add a calendar to be forwarded to the Entertainment Commission and SFPD.  Commissioner Frost second the motion

Vote:
Yes  - Commissioner Caminong, Commissioner Perez, Commissioner Tan, Commissioner Frost, Commissioner Lee and Commissioner Bleiman
Absent – Commissioner Thomas

Regular Agenda:

c) EC-1442 – Lam, Jimmy Kwok Lung, The Mint, 1942 Market St., Place of Entertainment Permit, Change in Ownership.

Jimmy Lam explained to the Commission on the improvements on sound and security at the location.

Commissioner Caminong moved to approve the consent calendar Commissioner Perez second the motion

Vote:
Noes  - Commissioner Caminong, Commissioner Perez, Commissioner Tan, Commissioner Frost, Commissioner Lee and Commissioner Bleiman
Absent – Commissioner Thomas

7. Review and possible action to change the conditions on the Place of Entertainment permit #EC-953 Place of Entertainment permit, dba Hue located at 447 Broadway, San Francisco, CA. 94133 at the request of permittee.  [Discussion and Possible Action Item]

Acting Director Maggie Weiland stated she received a request from Bennet Montoya along with Mr. Bloom his attorney to come to hearing this evening to change some of their conditions from the previous hearing on February 6, 2017.

Bennet Montoya stated the only conditions that were asking for was the conditions of live entertainment to go until 2AM.   He added it has taken a drastic hit on their business and he was out of money not just on public evens but more focused on his corporate and private events during the week and weekends mainly because he was not able to book the events.  He updated the Commission on the improvements that have been made he has been in constant contact with the tenants on Roland Alley and update them as soon as there were improvements made.  He added they did find a sound leakage that was a door that went to the roof of the building that would be replaced by the property manager.   He added they did conducted a sound test and they were in compliance.

Officer Steve Matthias showed a video presentation of an incident that occurred near Hue Nightclub that resulted in a fight in front of the venue.  He added he was amazed the two incident occurred within a week.  He added there has not been many calls for service.  He has concerned with over service.  He would like an ID scanner and it would be helpful in this case.  He added all the unit that responded were dispatched to their district.

Commissioner’s Comments were made after viewing video.

Commissioner Lee suggested that 1 or 2 inside but at least 6 guards should remain outside to sweep the street and suggested they should close earlier.

Recess 7:34 PM
Reconvened 7:40PM 

Commissioner Frost stated he agreed with Officer Matthias he saw Hues security take action on the video when it appeared to be needed and he agreed with Hue’s security working in pairs to watch each other’s back and there was more of a physical presence. He added he read the conditions and it stated that security had to be in a recognizable outfit and he would rather have the word “Security” on their back.  He suggested that a protocol be put in place. 

Hue’s Director of security stated that a 911 call should have been made by the head of security he added he did not disagree with the Lead training in larger venues.

Commissioner Perez asked how it was possible to have over intoxicated patrons.

Hue’s Director of security stated he could not talk about the management distribution of alcohol but he could talk about intoxication people could get over intoxicated.  He added it would involve environment, weight or if they took some medication and can get to a level of intoxication quickly but it was not a result of overserving.   He added he could not give a direct answer if they are leaving with friends that are sober.

Chair Tan asked Mr. Montoya knowing this was a hearing that the Commission put on by his request why he thought it was the right time to do it.  He added the aftershocks that happened on St.  Patrick’s Day actions haven’t been fully cleared up yet.  He added to come before the Commission when this has not been cleared up put the Commission in a tricky standpoint.

Bennet Montoya stated there was a history going on verses cads and police reports that did not reflect accuracy of his business.

Attorney Robert Blume stated closing at midnight they are losing money.   He added he open the club 10 years ago and it was called Atmosphere at the time.  He added there was no warnings from ABC, no findings, no problems with four successive Police captains in Central District.  He added in 2014 along comes Captain David Lazar and told Mr. Bennet in the presence of others the Hip Hop music was brining in the wrong crowd a crowd we don’t want and raided the club several times and stationed a manned police car in front of the venue.   He added San Francisco was a great city a liberal city but the SFPD does not reflect that.

Public comment

Male with the Community Broadway District stated the portion that Bennet was painting was not the Broadway he sees he added the problems do stem from Hue.   He added Hue was 90% of the issues on Broadway.

Francesca Valdez manages venue.  She pleaded for Entertainment Commission not to give Hue back their license.

Male stated the two gentleman were lying and were destroying the business on Broadway.  He asked the commission to not give them their license.

Male with the CBD stated the portion that Bennet was painting was not the Broadway he sees he added the problems do stem from Hue.   He added Hue was 90% of the issues on Broadway.

Francesca Valdez manages venue near Hue. She added she was present during the event and was scared for her life.  She pleaded for Entertainment Commission not to give Hue back their license and that their license and asked that their license be revoked.
 
Kyle Prescott stated the two gentleman were lying and were destroying the business on Broadway.  He asked the commission to not give them their license.

Public comment closed.

Chair Tan stated he wished they had different evidence in front of them. He added he want them to be able to have 7 days a week of entertainment and not have 25 different conditions on it.  He added if you are running it properly, well and safe they would not see Hue present all the time.   He added the Commission had to use the evidence that was in front of them.

Commissioner Bleiman felt that limited them to 12 midnight Friday and Saturday would put him out of business but not to increase the hours.  

Commissioner Frost moved to approve with the with the conditions of entertainment to end every at 12 midnight and with Commissioner Bleiman’s friendly amendment except Saturday and Sunday morning to end at 1AM security to all wear security jackets with a minim of 3 inch letters, for all security, ID Scanner put into place, all security reports to the Entertainment Commission and SFPD and all security to go to the LEAD training.  Commissioner Perez second the Motion adding that a revised security plan submitted to staff and central station to include Commissioner Lee amendment of 15 minutes before closing of door and after 30 minutes after to have 6 security present at the front  of the venue  Friendly amendment to highlight Commissioner Frost second the motion 

Vote:
Noes  - Commissioner Caminong, Commissioner Perez, Commissioner Tan, Commissioner Frost, Commissioner Lee and Commissioner Bleiman
Absent – Commissioner Thomas

8. Commissioner Comments & Questions. [Discussion Item]

Commissioner Frost said it was an honor to be a Commissioner in San Francisco and to serve on the Entertainment Commission and to come aboard with the Commissioner’s patience and understanding and guidance and the Entertainment Commission staff was awesome. 

Commissioner Perez said happy retirement to

Commissioner Lee thank Commissioner Frost on his work and he being a wingman.

Chair Tan thanked him for his time on the Commissioner.  He added he was a full advocate for safety and entertainment and he was always measured and smart and asked the right questions.

ADJOURNMENT The meeting was adjourned in the memory of Larry Harvey the founder of Burning Man.  8:49PM