ENTERTAINMENT COMMISSION
City and County of San Francisco
ACTION MINUTES OF THE
Tuesday April 4, 2017
City Hall, Hearing Room 416
1 Dr. Carlton B. Goodlett Place
San Francisco, CA  94102

COMMISSIONERS

Present
Laura Thomas
Steven Lee
Dori Caminong
Ben Bleiman

STAFF

Present
Executive Director, Jocelyn Kane
Deputy Director, Maggie Weiland
Sound Inspector, Sean Burke
Commission Aide, Crystal Stewart

CALL TO ORDER

Vice Chair Thomas called the meeting to order at 5:35PM.

ROLL CALL

Chair Tan, Commissioner Perez and Liam Frost were absent at the time of roll call.

No public comment.

2. Approval of Meeting Minutes. Discussion and possible action to approve the minutes of March 21, 2017 Commission meeting. [Action Item]

Commissioner Lee moved to approve the minutes of March 21, 2017 and Commissioner Caminong second the motion.

Vote:
Yeas - Commissioner Lee, Commissioner Caminong, Commissioner Thomas and Commissioner Ben Bleiman

3. Report from Executive Director: Legislative/ Policy Update: Nothing to Report. Staff and Office Update: Update on 11th Street Operators Meeting; Update on EC Retreat; Update on office move; Corrective Actions: Report on office meetings: The Grand, 520 4th Street and Hue, 447 Broadway [Discussion Item]

Executive Director Jocelyn Kane stated the retreat will be on Saturday, April 15, 2017 from 9AM-1PM.

4. Report from the Senior Analyst – Community & Cultural Events: Dylan Rice provides updates on efforts to foster, sustain, and promote outdoor events. [Discussion item]
 
Senior Analyst Community & Cultural Events Dylan Rice stated the evaluation report on fostering and sustaining and promoting outdoor events in San Francisco has been finished and released on Friday on the Entertainment Commission website and social media channels.   He added  the point of the report was to use the data to lay the foundation for helping the Commission make policy and legislative change to promote music and cultural by preserving outdoor events that are assets.   He added there has been a lot of interest and recommendations.

5. Report from the Sound Inspectors: Jordan Pauley and Sean Burke report on recent venue sound inspections and report of activities by staff. [Discussion Item]

Sound Inspector Jordan Pauley reported the following:

INSPECTIONS:

3/11/2017 11:30 PM Carbon Lounge 383 Bay St.: Received a complaint about loitering and possible unpermitted entertainment at the venue. Upon walkthrough inspection, found that while venue is doing a party, it doesn’t technically qualify as “entertainment” under municipal police code. Issue has been forwarded Central station permit officer.
3/11/2017 10:15 PM Red Tavern 2229 Clement St.: Received a complaint about noise from the restaurant. Restaurant does not do entertainment. Issue has been forwarded to the Richmond station permit officer.

COMPLAINTS:

4/4/2017 12:00 PM Swank 444 Presidio Ave.: Received a complaint about noise emanating from an open door. Action pending.
3/21/2017 8:00 PM Rickshaw Stop 155 Fell St.: Received a complaint about patron noise from the venue. Action pending.

SOUND TESTS:

3/30/2017 11:20 AM Finnegans Wake 937 Cole St.: Performed sound test in support of venue’s limited live permit. Test successful, limit set.
3/26/2017 12:50 AM Hue Nightclub 447 Broadway: After receiving several noise complaints about the venue, performed an interior residential sound test to determine compliance. Venue was in compliance.
3/11/2017 12:15 AM Hawthorn 46 Geary St.: Performed a random sound inspection inside of the venue. Venue was in compliance.

Sound Inspector Sean Burke reported the following:

COMPLAINTS                    

3/17/17   Riconcito Nicaraguense 2943 Mission      Unable to verify complaint. In touch with Mission Station who believe this may be related to an illegal after hour’s operation. In process of obtaining LLP at this location.
3/18/17   Knockout, 3223 Mission   Attempting to verify. Complaint is anonymous. Will continue to monitor.
3/19/17   EndUp   401 6th St.   Anonymous complaint that bass is audible in neighboring apartment. Will continue to monitor.
3/26/17 2:00A  Halcyon 314 11th St.  Complaint received. Venue not found out of compliance with internal sound limits.
3/27/17   Public Works  161 Erie St.   Report of audible bass across Mission Street. In touch with complainant and operator. Will continue to monitor situation.
3/31/17   Nuevo Vision  4653 Mission      Working with Ingleside Station to bring establishment into compliance. Unable to verify disturbance over the weekend of 4/1-2.                                                           

SITE INSPECTIONS                          

3/26/17 12:00A RS94109 835 Larkin  In compliance. Doors stayed closed, crowd outside under control. No open containers. Event ended at conditioned time. 
4/2/17   12:30A Bellota 888 Brannan. Visited at request of EC staff to bring into compliance. Establishment is hosting live entertainment once a week. Permitting is in process.
4/2/17   1:00A   Holy Cow 1535 Folsom Spoke with Head of Security and management regarding keeping front door closed while performance is occurring.

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]

No comments were made.

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

Regular Agenda:

EC-1399 – Yalcin, Irfan, Cha Cha Cha on Mission, 2327 Mission St., Limited Live Performance Permit, Change in Ownership.

Deputy Director Maggie Weiland stated the first permit application for this evening is a Limited Live Performance permit application for Cha Cha Cha on Mission. Cha Cha Cha’s had a change in ownership in late 2016. The previous owner had an LLP, and the new owner would like to continue to have live entertainment at the restaurant. They plan to have live Cuban bands perform about four times per month. Performances are mostly planned for Sunday afternoons, but the applicant would like the flexibility to have entertainment until 10pm on other days of the week. I have received seven letters of support that you will see in your files, including letters from Supervisor Ronen, Carnaval, and the Mission Merchants Association. I have not received any letters of protest. Mission Station approves this permit with no added conditions. Here to tell you more about Cha Cha Cha’s application for a Limited Live Performance permit is owner Irfan Yalcin.

No public comment.

Commissioner Dori Caminong moved to approve Commissioner Lee second the motion

Vote:
Yeas - Commissioner Lee, Commissioner Caminong, Commissioner Thomas and Commissioner Ben Bleiman

EC-1400 – Passman, Hilary, Sunset Reservoir Brewing Company, 1735 Noriega St., Limited Live Performance Permit.

Deputy Director Maggie Weiland stated second and final permit application for this evening is a Limited Live Performance permit application for Sunset Reservoir Brewing Company on Noriega at 25th Avenue. Sunset Reservoir Brewing Company is a restaurant and brewery that would like to have small live bands perform at their premises. They plan to have entertainment on the first Wednesday of every month but they would like the flexibility to have entertainment until 10pm on other days. I received 164 signatures of support from patrons and neighbors for this application and no letters of protest. Taraval Station approves this permit and asks that no live music happen after 10pm Mondays through Thursdays. The LLP does not allow for entertainment past 10pm, so the applicant will be compliant with this requested condition by nature of the Limited Live Performance permit. Here to tell you more about their application for an LLP is owner Hilary Passman.

No public comment.

Commissioner Bleiman moved to approve Dori Caminong second the motion

Vote:
Yeas - Commissioner Lee, Commissioner Caminong, Commissioner Thomas and Commissioner Ben Bleiman

8.  Review and possible action to review and change the conditions on the Place of Entertainment permit #EC-1377 Place of Entertainment and Extended Hours Premises permit, dba Halcyon located 314 11th Street, San Francisco, CA. 94103.  [Discussion and Possible Action]

Deputy Director Jocelyn Kane stated they were present today to get an updated status on the sound complaints at Halcyon. 

Gina Milano presented a timeline for the Commission to reduce noise emanating from the venue with the current structure.   She added they received a revised recommendation from Salter & Associates and met with a contractor First Choice Builders.  She read a list of timelines that could be four to six weeks with regards to the sound proofing and the scope of work that should mitigate the sound issues.

Vice Chair Thomas thanked Gina Milano for the timeline of the sound proofing.

Public comment

Tony Vu stated they were happy there was a timeline and some progress being made.    He added they were still hearing the base but the high frequencies were better.

Commissioner Lee moved to continue the item for six weeks to get an update review and a preliminary test from the sound inspector Commissioner Bleiman second the motion

Vote:
Yeas - Commissioner Lee, Commissioner Caminong, Commissioner Thomas and Commissioner Ben Bleiman

9. Discussion and Possible Action regarding draft ordinance amending the Police Code to revise permit requirements, procedures, and filing fees for outdoor amplified sound and sound truck permits issued by the Entertainment Commission and establish a permitting procedure for street performers using outdoor amplified sound equipment.  [Discussion and Possible Action]

No public comment.

Commissioner Bleiman moved to forward the item with the Director’s recommendation to adopt the police code Commissioner Caminong second the motion.

Vote:
Yeas - Commissioner Lee, Commissioner Caminong, Commissioner Thomas and Commissioner Ben Bleiman

10.  Commissioner Comments & Questions. [Discussion Item]

Adjournment.  6:37PM