ENTERTAINMENT COMMISSION
City and County of San Francisco
MINUTES OF THE
Tuesday, March 17, 2015, 2015
City Hall, Hearing Room 416
Dr. Carlton B. Goodlett Place
San Francisco, CA 94102


COMMISSIONERS

Present
Bryant Tan
Steven Lee
Audrey Joseph
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, Audrey Joseph, Demetri Moshoyannis, Liam Frost and Dori Caminong

Absent were 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.

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

Commissioner Joseph moved to bifurcate the minutes of February 3, 2015 and March 3, 2015 Commissioner Frost second the motion
Vote:

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

Commissioner Frost moved to approve the minutes of February 3, 2015 Commissioner Moshoyannis second the motion
Vote:

Yeas -, Commissioner Moshoyannis, Commissioner Tan, Commissioner Joseph, Commissioner Lee and Commissioner Frost
Abstain – Commissioner Caminong

Commissioner Frost moved to approve the minutes of March 3, 2015 Commissioner Moshoyannis second the motion
Vote:

Yeas -, Commissioner Caminong, Moshoyannis, Commissioner Tan, Commissioner Lee and Commissioner Frost
Abstain – Commissioner Joseph

3. Election of Vice President. [Action item]

Public comment

Stefano Castalano stated Commissioner Moshoyannis had a good standing on a lot of the issues and looked for a deeper understanding on a lot of the issues and provides a lot of clarity. He added he supports his election as vice chair of the Entertainment Commission.

Public comment closed.
Commissioner Moshoyannis stated he was graciously asked to be vice president and with knows there is a need to fill the position and supports the Commission for his role as vice president. He added there was a lot of great work that needed to be done.

Commissioner Joseph moved to nominate Commissioner Moshoyannis as vice president Commissioner Frost second the motion
Vote:

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

4. 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 Pauley INSPECTIONS:
3/15/2015 2:30PM The Endup 401 6th St.: Stopped by to observe their Sunday afternoon party. Though issues were reported in the past, it appeared to be well managed. No issues observed.

COMPLAINTS:

3/15/2015 10:45PM 787 Brennan 787 Brennan St.: A complainant contacted me in regards to issues surrounding this property several months ago. Sunday March 15th was the latest illegal party held by the tenants at this establishment.

VIOLATIONS:
3/13/2015 9:45PM The Square 1707 Powell St.: The venue has been out of compliance with a tentative workaround-type agreement that established that they would end all live performance by 8 o’clock pending a review of their application. The bar was also informed that in order to continue doing any sort of entertainment in their establishment, they would need to perform an extreme amount of sound abatement. Applicant has indicated that he is not in good enough financial position to pay for abatement. The space will not pass a sound test.

COMPLIANCE
3/9/2015 9:00 AM The Box SF 1069 Howard St.: A meeting was held with ownership to explain that not only had they been operating their event space without a POE, but also that they’re located in an area that is not zoned for entertainment. They were referred to the planning department. The matter is still pending.

PERMIT UPDATES:
3/14/2015 10:15 PM Hotel Palomar 12 4th St.: The hotels POE expired in March of 2014. A stop was performed to determine whether or not they still are in need of a POE. They are not. The issue is resolved.

3/13/2015 8:00 PM BurgerMeister 86 Carl St.: Contact information was updated.

3/12/2015 10:30 PM Pachamama 1630 Powell St.: A stop was performed to inform ownership that they needed to obtain a POE to continue doing performances. Ownership has followed up.

3/12/2015 9:00 PM Café Prague 424 Merchant St.: The restaurant had a POE permit that expired some time ago. They are not, however, doing entertainment anymore.

Inspector Burke Report
INSPECTIONS
3/6/15 12:30 AM Blue Fin Sushi 1814 Clement: Reports of karaoke events. Unable to confirm.

ILLEGAL AFTER-HOURS EVENTS
3/16/15 12:04 PM 716 Goettingen Currently under investigation by City Attorney.
3/17/15 1:24 PM 1661 Tennessee Currently under investigation by Bayview PD.

SOUND INSPECTIONS
3/6/15 10:47 PM Metronome Dance Collective 1830 17th St: Within sound limits. No live ent.
3/14/15 9:35 PM SoMa StrEat Food Park 428 11th: Filed late permit for St. Patrick’s Day event. During discussion with Mission PD, we learned that there have been calls for service regarding noise. Upon arrival sound was audible from a distance exceeding 250’. Verbally admonished event managers and clarified conditions of outdoor event permit.

NEW COMPLAINTS
3/23/15 8:30 AM Dogpatch Saloon 2496 3rd St: Live music on 3/2 and 3/13 without permit.
3/17/15 6:17 AM Oasis 298 11th St: Bass coming out of the club. Doors open.

ADMINISTRATIVE CITATIONS
3/7/15 9:45 PM The Chapel 777 Valencia: In violation of decibel limit. 111dBC.
3/15/15 9:45 PM Pour House 1327 Polk: Door and windows open during performance.
5. Discussion and possible action to make recommendations to the Board of Supervisors (BOS) on BOS File No. 141298, a proposed ordinance addressing the issue of new housing located near existing Places of Entertainment that generate noise. Among other things, the ordinance would require attenuation of exterior noise for new residential structures and acoustical analysis and field testing in some circumstances; provide that a POE permitted for 12 months not become a public or private nuisance on the basis of noise for nearby residents of newly constructed or converted housing; authorize the Commission to hold a hearing on a proposed residential use near a POE, and require the project sponsor’s participation in the hearing; authorize the Commission to measure noise conditions at such project sites and provide comments and recommendations regarding noise to the Planning Department and Department of Building Inspection; require lessors and sellers of residential property to disclose to lessees and purchasers potential noise and other inconveniences associated with nearby POE’s; require the Planning Department and Commission to consider noise issues when reviewing proposed residential projects; and specify factors concerning noise for the Entertainment Commission to review when considering granting a POE permit. Presentation will be by Conor Johnston of Supervisor London Breed’s office. [Action item]
Commissioner Joseph moved to support the legislation Commission Moshoyannis second the motion
Vote:

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

5. 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).

Lt. Dave Falzon stated this St. Particks day weekend was performed well by permit applicants. He added it was one of the larger turn outs than previous events and this year was a successful with no major issues.

7. Hearing and Possible Action regarding applications for permits under the jurisdiction of the Entertainment Commission. [Action item]

a) EC-1307 Russell Bushell dba Applebee’s 2770 Taylor St. Limited Live Performance permit.

Russell Bushell stated they were a 500 seat restaurant and would like to have music until 10:00 PM. He added the music will be kept at a level where people can communicate in the restaurant. He added they were trying to work with tour groups and provide entertainment for those groups.

Commissioner Joseph asked if the applicant was relying on the band to bring in their sound equipment. She suggested he look into the maximum size of speakers that would accommodate their room and delegate the policy for bands that come in in order to manage their sound and frequency.

Commissioner Lee stated he supports Commissioner Joseph comments on having a policy to set limits for sound.

Commissioner Moshoyannis moved to approve Commissioner Lee second the motion.
Vote:

Yeas -, Commissioner Caminong, Moshoyannis, Commissioner Tan, Commissioner Lee and Commissioner Frost
Abstain – Commissioner Joseph

b) EC-1310 Teague Moriarity dba The Square 1707 Powell St. Limited Live Performance permit.

Teague Moriarity stated he started out as a cook at the venue and became the manager and would like to have live music and create a nice spot in the neighborhood.

Public Comment

Speaker stated they were disturbed by the Reggae, funk performance resident disturbed by music.

A resident that lives upstairs hears noise in her unit and is disturbed by the noise.

Commissioner moved to continue the item so the applicant could speak to the owner about soundproofing the venue Commissioner Caminong second the motion
Vote:

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

8. Commissioner Comments & Questions. [Discussion item]

Commissioner Frost stated he was the president of the organization that runs the St. Patrick’s Day Parade which they had this weekend. He added it was a learning experience and leading up to that day it was a lot a work. He added the city did a great job. He added he would like to see a one-stop-shop.

Commissioner Moshoyannis stated there was a draft of the outdoor event survey and hopefully they will have an opportunity to work with some of the Supervisor that put it forward and hopefully see a presentation in a couple of months.

Commissioner Joseph stated the Commission has come a long way and have established ourselves in appositive way thanks to Director Kane.

Commissioner Tan stated he would like to have the special event permits discussion and possible action and a closed session meeting for Director Kane’s review.

Director Kane stated she may have the special events discussion for possibly the second meeting in April.

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

No new business items were discussed.

Adjourned at 7:00 P.M.