DRAFT
ENTERTAINMENT COMMISSION
City and County of San Francisco
ACTION MINUTES OF THE
Tuesday November 7, 2017
City Hall, Hearing Room 416
Dr. Carlton B. Goodlett Place
San Francisco, CA  94102

 
COMMISSIONERS

Present
Bryant Tan
Laura Thomas
Al Perez
Dori Caminong
Ben Blieman
Steven Lee

STAFF 

Present
Acting Director, Maggie Weiland
Sound Inspector, Sean Burke
Senior Analyst, Community & Cultural Events, Dylan Rice
Commission Aide, Crystal Stewart 
 
CALL TO ORDER

Chair Bryant Tan called the meeting to order at 5:37PM.

Absent were Liam Frost.

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. 

Public comment
No public comment was made.

2. Hearing and possible action to suspend Permit No. EC-1216, Place of Entertainment, issued to Jose Escolero, dba La Oficina located at 4234 Mission Street, San Francisco, CA. [Action Item]

Chair Tan made the following statement for the suspension hearing.

This hearing is convened pursuant to Administrative Code Chapter 90 and related provisions of the San Francisco Police Code.  Administrative Code Section 90.4(c) provides that the Commission may "suspend, revoke or withdraw entertainment-related permits in accordance with the law and regulations governing such permits.”

Police Code Section 1060.20 provides that the Commission may suspend or revoke a Place of Entertainment permit "after a noticed public hearing" if it determines that any of the Code-specified conditions exist.  Section 1070.17 of the Police Code provides for suspension of an

The current matter is set for hearing based on a Complaint filed by the Acting Director against Permit Holder Jose Escolero dba La Oficina on October 3, 2017, which alleges violations of Police Code Sections 1060.20 and 1070.17. As provided by Administrative Code Section 90.4 and Police Code Sections 1060.20 and 1070.17, and related law and rules, we will conduct this hearing to provide the permit holder with due process.  We will fully consider the evidence provided by the Charging Party and by the Permit Holder, and fulfill our responsibilities in a fair and  impartial manner." 

Acting Director Maggie Weiland stated she would be representing the Entertainment Commission Department.

Attorney Susan Reyes stated she was representing La Oficina and the Permit holder Jose Escolero.

Public comment

Male speaker stated he has lived in the Mission next to La Oficina for the past four years and there were always problems at 2AM and on the weekends.  He added it gets crazy on the weekends with a lot of drunk
people who get into fights and he can’t sleep.  He added his wife has called the police four occasions.  Sandra Calzada stated she lives in San Francisco and the Only thing she could say about La Oficina was the
Security was horrible and there were no cameras.  She added there are drugs involved with the venue.  She added she had kids and when something happens in the excelsior district it could take hours for a police officer
to arrive and help them out.   She added now they were scared to go out and have a drink at bar because of what happened to her friend.  She added they want justice and the venue should be shut down.

Female speaker stated she wants La Oficina’s permit revoked.  She added even though she lives in a different district if effects the community and those who live in it.  She added the world knows the man that killed him
did it unjustly.   She feels the venue should be closed.

Ms. Ramirez stated she was present to support the Community and to have a better community that is cleaner.  She added they wanted business that were honest and did not distribute drugs are related to fights, tragedies and car break ins.  She added and a bar owner who is respectful for the loss of life in the community.

Ricardo stated he was present because he lost a friend, a father and a member of the community.  He added he grew up in the excelsior district.   He added how do you have a bar without a security camera where there
are always fights and drunk patrons.   He added the security was paid under the table and distributing drugs and it was known as that to the community.

Public comment is closed.

Acting Director Maggie Weiland opening statement La Oficna is a bar located in the city’s excelsior neighborhood.  She added earlier this year there was a serious shooting and homicide event at La Oficina. She added in addition to the shooting the permittee has not complied with his original permit conditions or his revised security plan when asked.  She added La Oficina as not been a good neighbor and has caused harm to to the health and safety of the community and has been a strain on city services.   She asked the Commission to hold the permittee responsible that took place at the pemises of La Oficina and the permitees  failure to comply with his permit
conditions and for his failure to comply with his revised security plan.  She added all of this justifies the Commission to suspend their place of Entertainment permit for the maximum time based on the police code.

Attorney Sandra Reyes stated they were present because of the suspension of La Oficina entertainment license by Acting Director Maggie Weiland.  She added the complaint filed by the Director Maggie Weiland did not have specific facts to how those violations were supported.  She added no were in the complaint was it specified how all those code sections in the complaint had been violated.  She added there has not been direct evidence at all  as to how a code section was violated.  She added usually you needed to have facts not just the law.   She added Exhibit A San Francisco Police code section 1060.20 & 1070.3 and asked the Commission to disregard them.

Motion

Commissioner Thomas moved that the charging party has proved by a preponderance of the evidence that on May 28, 2017 the permit holder violated section 1060.21.1A3A of the police code, when an employer agent of the permit holder committed crimes of assault and battery discharging a firearm and unlawful weapons, Commissioner Thomas second the motion
Vote:
Yeas - Commissioner Caminong, Commissioner Perez, Commissioner Thomas, Commissioner Tan, Commissioner Lee and Commissioner Bleiman
Commissioner Bleiman stated he did not believe there was evidence to prove the partied failed to contact medical response.

Motion

Commissioner Bleiman motioned the charging party failed to prove by a preponderance of the evidence that the permit holder or any agent of the permit failed to request emergency medical services for someone in need Commissioner Lee second the motion
Vote:
Yeas - Commissioner Caminong, Commissioner Perez, Commissioner Thomas, Commissioner Lee, Commissioner Camining and Commissioner Bleiman
Noes – Commissioner Tan

Motion

Commissioner Thomas moved to suspend the Place of Entertainment Permit and the Extended Hours Permit for 30 days under section 1060.20.C1 of the police code on the bases of the two violations that the Commission has already determined Commissioner Perez second the motion
Vote:
Yeas - Commissioner Caminong, Commissioner Perez, Commissioner Thomas, Commissioner Tan, Commissioner Lee and Commissioner Bleiman

City Attorney Brad Russi recommended to the Department that they prepare written findings that support the Commission’s decision towards the violations and the and the department exchange those findings with the permit holder two weeks before the December 5, 2017.  commission meeting.  He added and the permit operator should have an opportunity to respond to those findings.   He added and the Commission’s decision in terms of the actual suspension not be final until the Commission has adopted those findings so there is no confusion as to when the decision is appealable to the Board of Appeals.   He added those findings should set a date by which the
suspension should start.    

Acting Director Maggie Weiland stated the Commission missed one of the charges that the permittee or any agent or employee of the permittee failed to comply with the conditions placed on the permit from section 1060.20.1A4

Public comment
No public comment was made.

Motion

Commissioner Thomas moved that the charging party has proved by a preponderance of the evidence that the permit holder violated the conditions of their permit Commissioner Bleiman second the motion
Vote:
Yeas - Commissioner Caminong, Commissioner Perez, Commissioner Thomas, Commissioner Tan, Commissioner Lee and Commissioner Bleiman

Public comment
No public comment was made.
Motion
Commissioner Thomas moved to continue the matter until December 5, 2017 to adopt written findings in exchange with the permit holder by November 21, 2017 exchange with the permit holder in submission to the Commission Secretary and the permit holder may provide a response to findings Commissioner within one week before the December 5, 2017 Commission meeting Commissioner Perez second the motion

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

3. 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 police comments were made.

4. 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. here 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-1416 – Chun, Andrew, The Elite Café, 2049 Fillmore St., Limited Live Performance Permit.

Public comment
No public comment was made.

Commissioner Bleiman moved to approve Commissioner Caminong second the motion

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

Regular Agenda:

a) EC-1415 – Haynes, Rick, Two-51, 251 Rhode Island St., Place of Entertainment Permit.
No public comment.

Commissioner Lee moved to approve Commissioner Thomas second the motion

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

b) EC-1411 – Fudym, Boris, Hermitage Banquet Hall, 5633/5641 Geary Blvd., Place of Entertainment Permit.

No Public comment

Commissioner Thomas Commissioner Perez second the motion
Vote:
Yeas - Commissioner Caminong, Commissioner Perez, Commissioner Thomas, Commissioner Tan, Commissioner Lee and Commissioner Bleiman

5. Discussion and Possible Action to adopt written comments and/or recommendations to be submitted by the Acting Director to the Planning Department and/or Department of Building Inspection regarding noise issues for proposed residential projects per Chapter 116 of the of the Administrative Code. [Action Item]
Regular Agenda:

a) 1145 Polk Street, Bl/Lot: 0691/001, Discussion and possible action to adopt written comments and/or recommendations regarding noise issues for the proposed residential project at 1145 Polk Street, which is located within 300 feet of Hemlock Tavern, Mayes Oyster House, Vertigo, and Rusted Mule, permitted Places of Entertainment.

Chair Tan suggested another sound test be done on Friday or Saturday.

No Public comment

Commissioner Lee moved to approve with standard conditions and external security lighting plan sound, Commissioner Bleiman second the motion
Vote:
Yeas - Commissioner Caminong, Commissioner Perez, Commissioner Thomas, Commissioner Tan, Commissioner Lee and Commissioner Bleiman

6. Approval of Meeting Minutes. Discussion and possible action to approve the minutes of October 3, 2017 Commission meeting. [Action Item]
Commissioner Perez Commissioner Bleiman second the motion yeas

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

7. Report from Acting Director: Legislative/Policy Update: Nothing to Report; Staff and Office Update: Highlights from SF Outdoor Events Network gathering; Update on Board of Appeals Action: Nothing to Report; Corrective Actions: Nothing to Report. [Discussion Item]

8. Report from Sound Inspector: Sean Burke reports on recent venue sound inspections and activities. [Discussion Item]

NEW COMPLAINTS
     
10/3-5/17 9:45-11:15pm Oracle Event
AT&T Park One complaint on 10/3, two on 10/4, and three on 10/510/14/1711:00-11:30pm
Decompression Pier 70 2 complaints via 311, 3 complaints to SFPD non-emergency 

10/15 & 2711:30p-12:45am Mr. Tipple's 39 Fell
"Obscenely loud…" Complainant requests door be closed.
 
10/27 & 28 9:30pm-1am Love BoatPier 70 Seven complaints night one, one repeat complaint night two.

10/28/17 2:15am Armory 1800 Mission
Complaint of patrons on Woodward Pl. Spoke with operator.
 
10/28/17 7:30pm Blondie's 540 Valencia
"Open front patio that allows live music to flow out..." 

10/29/17 Various Times Crystal Jade 4 Embarcadero Center. Multiple complaints from Hyatt Regency hotel guests. 

11/4/17 11:25pm Venice Pizza 5228 Mission
"They are playing bass music. It is very noisy." - issued NOV 

ONGOING COMPLAINTS 
  
Original:     
10/29/16 311 Hue 447 Broadway Complaint:
11/5/17 - 1:21 AM: "Loud music" 

11/14/16 Text Halcyon 314 11th St Complaint:

10/29/17 @ 4am, and 11/1/17 disruptive to two neighbors who have requested follow up about afterhours enforcement, and lack of operator response to concerns.  

8/8/17 Text Swedish Hall 2174 Market

Complaints: 10/22, 10/26, 10/28 - operator aware of limits .
8/10/17 Email Make Out Room 3225 22nd St
Complaints: 9/11, 9/16, 9/17, 9/26 - operator aware of limits  8/20/17 311 Bender's 806 S Van Ness Complaint: 10/14 @ 11:45pm - operator aware of limits  9/29/17Text Double Dutch
3192 16th Complaints: 

NOVs & CITATIONS     
10/16/17 NOV 10pm Swedish Hall 2174 Market In excess of conditioned internal sound limit.
 
10/17/17 CIT 12:45am Revolution Café
3248 22nd St Operating past conditioned time. 2nd violation within 1 year. 

10/29/17 CIT 1:15am Crystal Jade 4 Embarcadero Centr. Operating without Outdoor Loudspeaker permit.
 
11/5/17 NOV 12am Venice Pizza
5228 Mission Operating without One-Time Event permit. Contacted staff. 

SOUND TESTS
10/7/17 8:30 PM Café Du Nord 2174 Market
Established internal limit and informed operator. 
10/16/17 10:15 PM Bender's 806 S Van Ness
Ambient measurement. Informed operator of external limit. 

11/3/17 9:00 PM Make Out Room 3225 22nd St
Established ambient, internal, and external sound limits. 

11/4/17 9:30 PM Double Dutch 3192 16th
Established ambient, internal, and external sound limits.
9. Commissioner Comments & Questions. [Discussion Item]
No comments were made.

ADJOURNMENT 9:34PM