Meetings - August 20, 2019 - Minutes

Meeting Date:

August 20, 2019 - 5:30pm

Location:

1. General Public Comment

+ Stefano Cassolato stated he had the privilege and honor to see the Isley Brothers perform at Stern Grove on Sunday and it was a great turn out.

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.

2. Approval of Meeting Minutes. Discussion and possible action to approve the minutes of the August 6, 2019, Commission meeting. [Discussion and Possible Action Item]

MOTION: Commissioner Falzon moved to approve the August 6, 2019 minutes, Commissioner Lee seconded the motion.

ACTION: Approved Minutes for August 6, 2019

AYES: Commissioner Perez, Commissioner Falzon, Commissioner Bleiman, Commissioner, Commissioner Lee

NAYS: None

ABSENT: Commissioner Caminong, Commissioner Tan, Commissioner Thomas

3. Report from Executive Director: Legislative/Policy Update: Update on Research to Develop San Francisco Music Strategy with Sound Diplomacy; Staff and Office Update: Update from Director Weiland and President Bleiman on Entertainment Commission Retreat Planned for Friday, October 18, 2019; Update on Board of Appeals Actions: Notice of Appeal of Administrative Citation No. 190722191 Issued by the Entertainment Commission to Michael Madden, dated July 22, 2019; Corrective Actions: nothing to report. [Discussion Item]

4. Report from Deputy Director: Deputy Director Kaitlyn Azevedo reports on recent venue inspections and activities. [Discussion item]

Tues 8/6/2019 11:17:14 AM	Club 26 Mix	3024 Mission St	POE	Mission	I appreciate hearing directly from the Entertainment Commission regarding my complaint. For 2 days noise issue improved but my husband awoke to very loud noise last night. This bar continues to serve drinks to already intoxicated patrons and patrons continue to create excessive noise that wakes and harms the health of neighbors. Sleep is important. Please escalate this matter. I contacted Dept of Alcoholic Bev's as well. Thank you. ACTION: Senior Inspector Roberts spoke with complainant on the phone. Inspector Savino and Inspector Fiorentino have responded to the 311 complaints. Both observed the patrons exiting when the bar closed, and have spoken with their head of security. Inspector Savino gave them a copy of their permit to remind them of their conditions. On all subsequent visits since speaking with the head of security, inspectors have observed them moving patrons along quietly after closing. Deputy Director Azevedo followed up with head of security via phone to keep them apprised of the complaints and their permit conditions. Deputy Director Azevedo also informed SFPD of the situation, and asked for officers to check on closing-time procedures.
Thurs 8/8/2019 4:05:30 PM	Outside Lands	611 12th Ave	N/A	Richmond	Really loud music from Golden Gate Park Area Super loud! ACTION: Director Weiland forwarded complaints to Rec & Park.
8/10/2019 11:15:28 PM	Blue Light	1979 Union St	LLP	Northern	Inspector Fiorentino conducted a site inspection and observed very loud music from the street. Their door was open, and sound levels were measured to be above the sound limit. He found an employee who lowered bass to bring them into compliance. Inspector Fiorentino then had the employee compare the sound levels on their phone app to the levels on our sound level meter. Notice of Violation issued for exceeding their sound limit.

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]

SPEAKERS: None

Hearing and Possible Action regarding applications for permits under the jurisdiction of the Entertainment Commission. [Discussion and Possible 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:

EC-1534 – Bradley Burt and Nate Valentine of Back Bar LLC, dba TBD, 2736 20^th St., Billiard Parlor permit.

The permit is for a Billiard Parlor Permit for a bar restaurant. There is no opposition to this permit application, and the police department had no recommendations.

PUBLIC COMMENT: None

MOTION: Commissioner Perez moved to approve with the Good Neighbor Policy, Commissioner Falzon seconded the motion.

ACTION: The Billiard Parlor Permit was conditionally granted to the applicant.

AYES: Commissioner Perez, Commissioner Bleiman, Commissioner Lee, Commissioner Falzon

ABSENT: Commissioner Thomas, Commissioner Tan, Commissioner Caminong

Regular Agenda:

EC-1538 – Klaus Burmeister of RBCC Inc, Zeitgeist, 199 Valencia St., Limited Live Performance permit including Outdoor.

This application is for a Limited Live Performance permit with outdoor entertainment for Zeitgeist, located at 199 Valencia St. The applicants have held BP and MAD permits since 2001, and regularly apply for one time outdoor entertainment event permits. They have decided to apply for an LLP permit to continue hosting their annual outdoor events, and give them the flexibility to host other indoor and outdoor events year-round. Due to residential units located above the bar, at the direction of Director Weiland, Senior Inspector Roberts and Inspector Savino conducted outdoor sound measurements before tonight’s hearing to provide recommendations to the Commission. Based on their findings, EC Staff is recommending we categorize entertainment events at Zeitgeist as “non-special events” and “special events” to clearly distinguish the permit conditions for each.

For non-special events, Senior Inspector Roberts recommends overriding the standard MPC 1060.16 regulations, and set the sound limit at 88dBA/95dBC, measured 15‑feet from the nearest loudspeaker because there are sensitive receptors (the residential units) closer than 250’ to the outdoor performance area. This sound limit will be for all non-special events (examples include, but are not limited to: movie screenings, DJs, or piped music), and can happen any day of the year, between 9am and 10pm per standard regulations of outdoor sound for LLPs.

For special events, Senior Inspector Roberts recommends setting another sound limit to keep the venue in compliance with standard outdoor regulations as codified by MPC 1060.16. Special events will include all events that may exceed the non-special events sound limit. Examples of special events include, but are not limited to, live bands and musicians. The special events sound limit has not yet been determined, but our inspectors will schedule a sound test to be taken at the onset of the next live performance in accordance with 1060.16. Furthermore, Entertainment Commission staff recommends the number of special events be limited to 36 per calendar year and can occur between the hours of 9am and 10pm per standard regulations of outdoor sound for LLPs. Please note that the location of the performance area for special events can be held either inside with the doors to the patio open, or outside on the patio. EC staff recommends the permit holder notify the Entertainment Commission, SFPD Southern Station, and the residents living above the venue prior to hosting special events.

Please note, this information has been shared with the permit applicant and they are in agreement with these recommended conditions.

In your file are 7 letters of support from current tenants who live directly above Zeitgeist, 2 letters of support from staff at the Blackheart Tattoo Parlor, which is adjacent to the beer garden, and 30 letters of support from patrons who live within the City, many of whom are Mission district residents. Southern Station approves this permit with the following conditions listed below. Here to tell you more is manager Lara Burmeister.

Staff recommendation: Approval with Good Neighbor Policy; Sound abatement for “non-special events” allowed every day from 9am – 10pm approved at 88dBA/95dBC maximum, measured 15 feet from the nearest loudspeaker; Direct staff to set sound limit for “special events” in accordance with 1060.16; The permit holder is allowed to host 36 special events per calendar year between the hours of 9am – 10pm, with performance area located either indoors with doors open or outdoors on the patio; Permit holder shall email a monthly calendar of “special events” to the Entertainment Commission and SFPD Southern Station, and notify residents above the bar via written notice, one week prior to the beginning of each month; adopt the following SFPD Southern Station conditions: Hire sufficient security staff or 10B (off-duty SFPD) to facilitate events; Permit holder shall be responsible for the management of outside promoters, special events, and the patrons inside and on the perimeter of the venue.

SPEAKERS: = Deputy Director, Kaitlyn Azevedo, staff report

+ Laura Burmeister, General Manager, Zeitgeist

MOTION: Commissioner Falzon moved to approve with Staff recommendations, Commissioner Perez seconded the motion.

ACTION: The Limited Live Performance permit was conditionally granted to the applicant.

AYES: Commissioner Perez, Commissioner Bleiman, Commissioner Lee, Commissioner Falzon

ABSENT: Commissioner Thomas, Commissioner Tan, Commissioner Caminong.

EC-1535 – Jackson Chang, Sebastian La, and David Ho of Qualia Entertainment Inc., Arena SF, 1565 Mission St., Place of Entertainment – Change in Ownership permit.

+ Jackson Chang, Owner Arena SF,

+ David Ho, Owner of Arena SF

+ Mark Rennie, Attorney

This application is for a Place of Entertainment– Change in Ownership permit for Arena SF, located at 2565 Mission Street. Previously, this establishment held a POE permit under dba’s Balançoire and Mission Street Sports Bar. The management team that recently came in and changed the operations to Arena SF is now taking ownership of the business. Arena SF’s operations will remain the same since this management team came in last April. Since changing to Arena SF, the EC has received sound complaints, but management has been proactive in resolving the problems. For example, we have not received complaints in the 3 weeks since they stopped using the speakers by the front doors. There was no opposition to this application, and in your file you will find the letter the applicants distributed to 14 businesses in their surrounding area, as well as to neighbors and patrons. The applicants also held a neighborhood happy hour on Monday, August 19^th to meet their neighbors and answer any questions. Mission Station approves this permit with the recommendation to keep the conditions from their existing permit (see list below). Here to tell you more are owners Jackson Chang and David Ho, represented by Attorney Mark Rennie.

Staff Recommendation: Approval with Good Neighbor Policy, and to keep the conditions from the existing POE permit:

Sound abatement internal limit approved at 97dBA/100dBC maximum, measured at the DJ booth on the 2nd floor, or 100dBA/109dBC maximum, measured at the corner of the bar closest to the dancefloor.
Front and back doors must be insulated. Sound limiter must be installed and have a lockable cover that shall remain locked at all times during entertainment.
All proprietary security guard personnel shall be registered with the Department of Consumer Affairs in accordance with the CB&P Code Sections 7574.10. All staff must also be LEAD trained by the CA ABC. Proof of completion shall be submitted to SFPD Mission Station and the Entertainment Commission.
Security must wear distinctive clothing that has a venue logo or state "security staff” so that they are distinguishable from patrons of the venue.
Patrons must be visually recorded as they enter and exit the venue. Visual recordings must be retained by the venue for 30 days, and be available to SFPD if requested for the purposes of investigation.
Security is responsible for 50 feet surrounding the venue and when crowd control permits, the use of stanchions and ropes for management of a single line.
Security shall enforce anti-loitering provisions of SF MPC 121 and cooperate with SFPD regarding enforcement actions. Training will be provided by SFPD Permit Officer.
Security to notify SFPD and EC if an incident occurs inside of in the vicinity of the venue. If there is an incident, Security must document the incident and transmit efficiently to both EC and SFPD.
Security is to never allow two parties involved in an altercation inside the venue to leave the venue at the same time.
Security must deny entry to intoxicated patrons.
If using outside promoters, an agent of the venue must notify SFPD Mission Station permit officer and the EC a calendar of events in advance of these events. Third party promoters shall provide special events General Liability Insurance naming venue owner as additionally insured.
Permit holder agrees to cooperate with SFPD Mission Station and report all suspicious activity related to gangs loitering outside the venue.
Permit holder shall complete a written security plan and file this plan with the SFPD and EC. Any changes and updates shall also be communicated to all parties.
No patrons under 21 year of age shall remain inside the premises once meal services are ended.
Permit holder shall be aware of 1060.20.1(a)(3)(i)MPC. Any violation of ABC laws may result in grounds for suspension of this permit by the Entertainment Commission.

MOTION: Commissioner Lee moved to approve with staff recommendations Commissioner Perez seconded the motion. Commissioner Falzon offered a friendly amendment to strike No. 6, strike the first portion of 50Ft. leaving the stanchion portion of the condition, and strike 8, 9, 10, 13, 14, 15.

The Place of Entertainment Permit was conditionally granted to the applicant.

AYES: Commissioner Perez, Commissioner Bleiman, Commissioner Lee, Commissioner Falzon

ABSENT: Commissioner Thomas, Commissioner Tan, Commissioner Caminong.

10. Commissioner Comments & Questions. [Announcements]

ADJOURNMENT 6:29 PM

Meetings - August 20, 2019 - Minutes

1. General Public Comment

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