Meetings - March 5, 2019 - Minutes

Meeting Date: 
March 5, 2019 - 5:30pm
Location: 
Entertainment Commission     
City and County of San Francisco  
 
 
Room 416, City Hall 
1 Dr. Carlton B. Goodlett Place 
San Francisco, CA. 94102 
 
Tuesday, March 5, 2019, 5:30 P.M. 
Regular Meeting Minutes
        
COMMISSIONERS PRESENT:  Ben Bleiman (President), Dori Caminong (Vice President), Bryant 
Tan, Steven Lee, Al Perez, Laura Thomas 
 
THE MEETING WAS CALLED TO ORDER BY PRESIDENT BLEIMAN AT 5:35 PM  
 
STAFF IN ATTENDANCE: Executive Director, Maggie Weiland; Deputy Director, Kaitlyn Azevedo; Senior Sound Inspector, Sean Burke; Senior Analyst, Dylan Rice 

COMMISSIONER ABSENCE: Dave Falzon  
 
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 - No 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:    + President Blieman dedicated the meeting in memory of Public Defender Jeff Adachi who was a fearsome advocate for the underdog, and an incredible presence at City Hall.  

2. Approval of Meeting Minutes.  Discussion and possible action to approve the minutes of the February 19, 2019 Commission meeting. [Discussion and Possible Action Item] 
SPEAKERS:    
= Commissioner Lee had minor clarification on page 12 of the February 19, 2019 minutes.       
= Commissioner Tan stated there was a minor spelling correction on page 2 of the February 19, 2019 minutes. 
ACTION: Approved Minutes for February 19, 2019  
MOTION: Commissioner Tan moved approved the February 19, 2019 minutes, Commissioner Perez second the motion. 
AYES: Commissioner Perez, Commissioner Thomas, President Bleiman, Commissioner Tan, 
Commissioner Caminong, Commissioner Lee 
NAYS: None 
ABESENT: DAVE FALZON 
Commissioner Thomas arrived at 5:15PM  
3. Report from Executive Director: Legislative/Policy Update: nothing to report; Staff and Office Update: Update on President Bleiman, Director Weiland, and OEWD Business Development 
Manager Ben Van Houten’s trip to Philadelphia for Responsible Hospitality Institute’s Annual International Sociable City Summit 2019; Update on Board of Appeals Actions: nothing to report; Corrective Actions: nothing to report. [Discussion Item] 
 
Director Maggie Weiland gave the Commission a brief update about the RHI Annual Sociable Summit in Philadelphia that was held from February 23rd through to the 26th. The conference was great and they felt that San Francisco was really ahead of the game on how the Commission regulates and enforces entertainment activity in municipalities.   Hearing stories from folks who do this work across the United States, small to large cities are 10 to 15 years behind where the Entertainment Commission is on enforcing entertainment and best practices.  She added this was in credit to her predecessor, Jocelyn Kane, and two previous Commissioners.  The Commission has been laying the groundwork for a long time and the Entertainment Commission should be proud of the work that they are doing because it will continue to set the bar in San Francisco.  
SPEAKERS:   = President Bleiman agreed with Director Weiland, it made him feel proud of the work the Commission is doing. 
= Director Weiland stated it was a great opportunity to brainstorm around ideas for this year and beyond, and they were able to really hone in on what to discuss at the Entertainment Commission summit. 
ACTION: None  

4. Report from Senior Inspector: Senior Inspector Sean Burke reports on recent venue inspections and activities. [Discussion Item] 
NEW COMPLAINTS                                                        
Wed 2/20 8:26 PM Charmaine's 1100 Market POE "Rooftop party at Proper's Charmaine's can be heard from a block away." - ANONYMOUS / ACTION: No inspector on duty. Inspector Burke emailed complaint to operator and Inspector Fiorentino will follow up during next event. 
Thu 2/21 3:31 PM Rusted Mule 1217 Sutter NA Complaint about noise Thursday - Saturday nights. - KNOWN / ACTION: Inspector Savino issued a citation for operating without a permit on Fri 2/22. They have a conditional grant of a POE and have failed to complete required inspections prior to operating with entertainment. 
Sat 2/23 12:08 AM Oldtown Tattoo 3409 23rd St NA "Loud on street party with music" - ANONYMOUS / ACTION: Inspector Fiorentino visited and informed operator about the permitting process. 
Sat 2/23 1:47 AM Fillmore Heritage Center 1330 Fillmore POE  "The last three weekends the Fillmore Heritage Center has had excessive noise till about 2:00a - 3:00a. My fiancé and I work weekends and the noise is unbearable and our patience has run out. The business does not respect the residents in the area. The clientele are also obnoxiously loud. The clientele park vehicles in front or near the Heritage Center and play their music loud enough to the point the bass vibrates our apartment on the 16th floor. Folks squeal tires, honk horns, & reve engines." - KNOWN / ACTION: Inspector Savino emailed complaint to operator and will follow up in person to discuss. 
Sat 2/23 2:09 AM Fillmore Heritage Center 1330 Fillmore POE "As is now usual with late-night events at the Fillmore heritage center:  loud people and partying in public space.  loud to very loud cars and car music. - Fillmore st blocked, causing additional ruckus from blocked vehicles and buses. All throughout 1am to 2am and later, and in obvious disregard of any "good neighbor" considerations or policies. Note that this time, reckless driving correlated with the event hit a new high that rushed in the SFPD." - ANONYMOUS / ACTION: Inspector Savino emailed complaint to operator and will follow up in person to discuss. 
Sat 2/23 8:08 PM Oldtown Tattoo 3409 23rd St NA "Extremely loud live music performance on street sidewalk" - ANONYMOUS / ACTION: Inspector Fiorentino visited and music was turned off. 
 
Sun 2/24 11:01 PM Revolution Café 3248 22nd St POE "Blaring live music coming from wide open doors at the club." - KNOWN / ACTION: No inspector on duty. Inspector Burke called and left a voicemail for manager regarding complaint and asked that they call Inspector Fiorentino to discuss. 
Wed 2/27 11:56 PM Gestalt  3159 16th St LLP "Gestalt bar is blasting music that can be heard across the street and down the block. Way too loud especially for a weeknight. The have been doing this a lot lately whereas they didn't before. Please make them turn it down and tell them to keep it down in general on all nights! " - KNOWN / ACTION: Inspector Fiorentino visited and asked operator to close door. Upon further research, venue has an LLP which only allows entertainment until 10pm. 
Thu 2/28 9:09 PM Royal 800 Post POE "This venue has a limited license for performances. Tonight, and on many other recent occasions, they are in violation of their noise limit. Tonight, the noise started at 7:45 PM, and will probably go on until 1:00 AM, as they have many times before, even though their permit requires the music stops at midnight." - ANONYMOUS / ACTION: No inspector on duty. Inspector Burke will attempt to contact operator and send Inspector Savino to discuss complaint in person. 
Sat 3/2 10:28 PM Jolene's 2720 16th St POE "Extremely loud bass bausing the surrounding building to reverberate after 10pm emitting from Jolene." - KNOWN / ACTION: Inspector Fiorentino visited in response to complaint and found venue to be in compliance with sound limit. Disturbance may have come from residential party nearby. 
INSPECTIONS                                                   
Fri 3/1 10:35 PM Cafe Royale 800 Post POE Inspector Savino met with owner, explained complaint from 2/28, and delivered new GNP. 
Sat 3/2 12:50 AM Gestalt 3159 16th St LLP Inspector Fiorentino responded to 311 complaint. Left GNP and asked to shut door. 
Sat 3/2 10:57 PM Jolene's 2720 16th St POE Inspector Fiorentino responded to 311 complaint and found venue to be in compliance. 
Sat 3/2 10:59 PM Emporium 616 Divisadero POE Inspector Savino responded to text sound complaint. Found venue to be out of compliance. 
Sat 3/2 11:23 PM The Independent 28 Divisadero Inspector Savino responded to text sound complaint. Found venue to be in compliance. 
Sun 3/3 1:33 AM Fillmore Heritage Center 1330 Fillmore Inspector Savino followed up with 311 complaint from last weekend. Spoke with manager about Good Neighbor Policy. 
NOTICE OF VIOLATION                                                 
Sat 3/2 10:59 PM Emporium 616 Divisadero POE Violation of internal sound limit (permit condition), and Good Neighbor Policy #7. 
                   
                           
ADMINISTRATIVE CITATION                                                       
Fri 2/22 11:25 PM Rusted Mule 1217 Sutter NA  operating without a permit. They have a conditional grant of a POE and have failed to complete required inspections prior to operating with entertainment 
ONGOING COMPLAINTS                                               
Original:  Since last hearing: 
9/25/18 Jones 620 Jones LLP 2/24/2019 12:30 PM - "I'm sitting in my apartment and the Sunday Drag Show Brunch is currently going on at Jones and is blasting music into my apartment..." 
2/24/2019 12:35 PM - "This is negatively affecting the entire neighborhood as every Sunday Jones blasts music from their loudspeakers into the neighboring apartments." 
2/26/2019 10:39 AM - "Concert on rooftop of building every Sunday between 11:00 AM - 3:00 PM. Customer resides across the street and noise is too excessive for time of day." 
STATUS: Staff is in touch with complainants and Inspector Fiorentino will visit this Sunday. 
SPEAKERS:  
= Commissioner Lee asked if there was an outdoor sound limit for Charmaine’s, and Director Weiland stated that yes, they have a sound limit for outdoor, but the Commission was not restrictive in hours for their outdoor permit. 
= Commissioner Perez inquired about Old Town Tattoo regarding the timing of the complaints. Inspector Burke clarified that one came in very early Saturday morning and the other complaint came in later Saturday night. 
= Commissioner Tan inquired about the Good Neighbor Policy and if there was any feedback from operators and if staff have enough field coverage for inspectors. Inspector Burke replied that he has not gotten feedback, but he has encouraged the inspectors to leave their business cards and he said there was appropriate coverage.  
= Commissioner Caminong asked for clarification on why they were seeing venues that have appeared before and what was the distinction as to why they're not on ongoing complaints, but listed as new complaints, like Charmaine’s.  Inspector Burke stated sometimes there is a period of time where there aren’t complaints about a particular venue. He added that he does not have a have a formula, and it was more of a judgement call based on the complainant being anonymous versus a complaint having a complainant attached to it.  She added Revolutionary Café seems to have the same issue regarding leaving their door wide open. 620 Jones Street seems to have a standing agenda item on his reports, and practically everyone on staff is in conversation with them around bringing them into compliance. Commissioner Caminong recommended that 620 Jones Street be brought to a hearing at this point. 
= Commissioner Thomas agreed that unless substantive progress has been made between Entertainment Commission staff and 620 Jones, then they should come to a hearing. 
= Commissioner Lee asked if the problem with 620 Jones was because they are having Sunday parties, and if they thought they can play their music at any level.  
= Commissioner Bleiman stated there were a lot of calls on 2/24/19 and 2/26/19 and asked if the calls were from the same person or different people. He also asked whether 620 Jones was still operating past their permit regulations of 10 pm, or if that had subsided. 
= Commissioner Lee asked if Inspector Burke thought the problem was their internal sound limit. 
ACTION: Commissioner Caminong recommended to staff to have 620 Jones Street come in for a hearing.  

5. 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] 
Senior Analyst Dylan Rice gave a legislative update on the proposed Legislation from the Office of Cannabis to create cannabis event permits for both indoor and outdoor events. The legislation was first heard by the finance and budget committee and there was an amendment that was created to speak to challenges associated with smoking in public.  He added the new amended legislation creates a waiver process for the health department and for parks to temporarily waive the ban of public outdoor smoking, as well as in some cases, consumption of cannabis within the footprint and the duration of the event. He added for the summit, there will be an outdoor event piece like there has been the past two years, and he has been in discussions with President Bleiman and Director Weiland to do a discussion on how to plan a successful and safe cannabis event with the changing policies at the local level. 
SPEAKERS: None 
ACTION: None  

6. 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  

7. Hearing and Possible Action regarding applications for permits under the jurisdiction of the 
Entertainment Commission. [Discussion and Possible Action Item]    
 
 
Regular Agenda: 
a) EC-1484 – Glenwright, Thomas and Priscilla Dosiou of Wineone LLC, Hotel San Francisco, 653 Commercial St., Place of Entertainment Permit.  
 
Application for a place of entertainment permit for hotel San Francisco located at 653 Commercial Street. The location is not a hotel, but a bar and restaurant that was given its name as homage to the song Hotel California. The premises is multi-level, and the applicants plan to have various types of entertainment options upstairs and downstairs.  The applicants would like to bring in live music, comedy, trivia, and open mic nights. The applicants have distributed 250 copies of flyers, as well as signature for support for neighboring businesses and residents. Central Station approved the permit with no added can it conditions. 
SPEAKERS:     
= Kaitlyn Azevedo, Deputy Director, staff report 
+ Thomas Glenwright, Owner, Hotel San Francisco 
= Commissioner Lee asked about entertainment occurring upstairs and there being glass in the front and an SRO across the street. The applicant stated they plan to only have entertainment downstairs at this time. He asked about security and recommended they have at least one guard at the front door during entertainment. 
= Commissioner Tan asked why the applicant was reluctant to have security prior to this application. He asked if they planned to bring in outside promoters. He also suggested the applicant submit a stronger security plan to the Entertainment Commission staff.  
= Commissioner Perez inquired about community outreach and what the neighbor’s complaint was, and what was the processing of addressing that complaint. 
= President Bleiman asked if the entertainment was happening upstairs or downstairs, and recommended permitting the entire space, with a sound limit for each location, and added that he loved the project. 
ACTION: Place of Entertainment permit was conditionally granted to Hotel San Francisco. 
MOTION: Commissioner Lee moved to approve with the Good Neighbor Policy, and the added condition that there shall be 1 security guard at the front door during entertainment. Commissioner Perez second the motion. 
AYES: Perez, Thomas, Bleiman, Lee, Caminong, Tan 
ABSENT: DAVE FALZON  

8. Commissioner Comments & Questions. [Announcements] 
 
= Commissioner Thomas stated Equality CA is holding a LGBTQ Leadership summit next week.  
= President Bleiman stated the Summit was 28 days away.  
= Director Weiland described the Entertainment Commission Summit, which will be held Monday, April 1st, 2019 at Mezzanine located at 444 Jessie Street from 1-5 pm.  
ADJOURNMENT 6:46 PM  Â