issues with that condition. i think that, you know, if there is a question about item three, we could look into that and see what remedy we can come up with. number four, entertainment provided shall not be audible beyond the area under control of the permit holder. 5, permit holder shall provide sufficient security personnel to check patron ids to ensure 21 years or older for any person who is served, sold, or consumes any alcoholic beverage. the czech patron ids to ensure -- they check patronize these -- they checcheck patron ids to monitor.

facilitate the safe and orderly conduct of patrons in line outside the club and inside the club. they shall abide by services and municipal code section 1070. there will comply with san francisco health code section 10 and 9.22 -- 1099.22 (e) regarding smoking outside the door and watched from outside of nightclubs. the will of here to planning code section 803.5 -- they will adhere to planning code section 803.5d. there will establish a telephone line dedicated as a community hot line that will be promptly answered during operating hours for the purpose of fielding and acting on complaints by

neighbors. 10, extended hours of operation limited to friday and saturday nights from 5:00 p.m. until 4:00 a.m. i know the applicants have -- would like to have that item addressed. i would say, you know, if there is an event coming up like, you know, before a holiday that may occur on a thursday night, notify the station or notify the commission that they would like to go for that evening and have the extended hours. the would be granted. i do not see any problem with that. 11 is whenever outside promoters are hired permit holder shall retain control of business operations, including the managers, bartenders, cocktail

servers, and security personnel. i understand for now that they do not plan on using and the promoters -- using any promoters. that is good. 12, the permit holder shall comply with all conditions of the san francisco fire department and their occupancy restrictions. president newlin: thank you. commissioner meko: officer canyon, i realize this is a boiler plate set of conditions, but condition 8, permit holders show up here to san francisco planning code section 803.5g good neighbor policy -- that is out of date. this commission adopted those policies seven years ago and have since added substantially to them. i would appreciate it if you could update your set of conditions to refer to the good neighbor policy of the

entertainment commission from this point on. because this is really out of date and not nearly as inclusive as what we currently have, which is automatically attached to all permits. >> then i will get a hold of the updated information on the good neighbor policy. i do not believe i have one on file at southern station. if i can get a copy of depth -- president newlin: there is. commissioner meko: and it is available digitally on our website. vice chair joseph: officer canyon, with regard to condition 10, would you be willing to extend their extended hours to the sunday nights before holidays -- martin luther king, president's day, memorial day?

that would hurt their competition if they could not have a sunday night before holidays. >> i would not try to restrict them. i think that southern station should be notified. vice chair joseph: they could be notified, but i would like to add that in. i might make a motion on this. if i do, i would modify that motion to include sunday nights before holidays. would you have a problem with that? >> i would not have a problem with that. vice chair joseph: great. thank you. president newlin: thank you very much. public comment? does anybody from the public wish to address this application? come right up. >> good evening, commissioners. larry metzer. i am here to support the application for the rebel permit. i support the extended hours permit that is presently at the

location. i am the licensee for that location. i have used it primarily as a pull down. , which is what i mentioned in my application when i was originally here, so we were not forcing everyone out onto the street at 2:00. if you want to consider that as an amendment to their application, thank you. president newlin: thank you. >> good evening, commissioners. san francisco police department. vice chairman joseph, i want to add a comment. if you elect to make that amendment, i suggest you choose language we can enforce and maybe define the word "holiday" -- something like federal or state, are recognized by the city and county, or something along those lines so we do not get into an ambiguity. i am sure we could find every

day of the year a holiday if we wanted. vice chair joseph: thank you for that advice. i appreciate that. president newlin: could you speak to the legality regarding the service of food and once food service stops and patrons have to be over 21 years old? >> i appreciate were council is coming from, attorney renny. an abc type 47 license is open to the general public. that means it is unrestricted age premises. there have been examples where well intended clubs have attempted to restrict access and have had applications filed against them by the abc due to age discrimination. i think that is what the counselor is referring to. had this been a type 48 application, it would have been a moot point.

i appreciate the intent of our station. i would say this. if the commission elected to have this commission, that would certainly be significant mitigation in the extremely unlikely event that abc attempts to file an accusation if they understood the spirit was that when food is being consumed we recognize this is a mixed crowd and when food is no longer being consumed it is an expectation that people are 21 and older. briefly, in conclusion, what i would say is if the commission goes with this condition it would be extraordinarily difficult for abc to file a successful application given that we would have a more restrictive local restriction. in the alternative, there would be no basis by any governmental organization saying why you are restricting age. president newlin: thank you for

that. i was surprised abc would file an action against people for restricting access. >> abc will never seek to a surprise you, sir. -- fail to surprise you, sir. [laughter] president newlin: anymore public comment? seeing none, commissioners? vice chair joseph: i would like to move to approve with all the conditions and to modify police condition 10 to include extended hours of operations limited to friday and saturday night and any night before a holiday recognized by the city and county of san francisco. how is that? was that okay? would you say?

that is my motion. >> this recognizes the have the ability to have extended hours permits on the sundays before holidays if in fact they do not to buy central station. vice chair joseph: i will accept that. president newlin: do we have a second? >> i will second that. president newlin: thank you. commissioner cavellini: aye. commissioner benetti: aye. vice chair joseph: aye. commissioner meko: aye. commissioner perez: aye. president newlin: aye. moving right along. item 7c, giraudbit, emilio, dba club 222 at 22 hyde street,

place of entertainment. >> i go first and then you go. commissioners, the applicant has applied for a place of entertainment at this location november 4. he presents electronic music as they have been doing for years. it is simply a change of ownership on an ongoing concern. this is a small 49-person occupancy space with a type 47 liquor license serving handmade pizza. this application includes a number of letters and proof of substantial number of our reach, commissioner meko. the planning department has indicated this is a continuation of a permit to use. tenderloin station has recommended approval with conditions. now you are on. >> i was just saying high. -- hi. president newlin: any questions

to director cane? >> i just wanted to introduce myself. my name is emilio giraudbit. this is my wife, erin. we also have the other applicants who would be named on a permit here. i guess if you guys have any questions for me -- commissioner perez: any -- president newlin: any questions? we can get off easy. commissioner meko: we have another police station referencing section 805.3g of the planning code that is the good neighbor policy for entertainment in south of market district. it is not applicable and has again been replaced by the entertainment commission good

neighbor policy, which contains all of these items as well as many more that are very useful. so i would ask that the station also please update their boilerplate conditions. president newlin: thank you. any other comments? you can have a seat and we will see if there is anyone from the public who would like to chime in. is there any members of the public who wish to address this place of entertainment license ta? seeing none, commissioners? >> i moved to approve the permit. commissioner meko: i have a question prior to the motion. condition three recommended by the police is to restrict occupancy to 49 people.

without digging through the entire application, it is a 49 occupancy place, correct? so all three of the conditions recommended by the police department are not necessary. >> once again, i move to approve the application as submitted. commissioner meko: i would like to second that motion. commissioner perez: aye. commissioner meko: aye. vice chair joseph: aye. commissioner benetti: aye. commissioner cavellini: aye. president newlin: aye. item seven7 -- 7d.

>> this person has applied for live entertainment including deejays, live bands, reality tv, and all kinds of good stuff. this venue is part of the embassy hotel. i believe the hotel and a new owner are one and the same. -- and the new owner are one and the same. -- and venue owner are one and the same. no. station has recommended approval with conditions including the entertainment and at 1:30 a.m., which is a regular northern the station condition. -- northern police station

condition. there are three letters from two different people in opposition to this application related to noise concerns. if they have any questions, i would ask the direct them to inspector cornelli, who has firsthand experience at this location. staff is recommendation -- is recommending congressional -- conditional grant. president newlin: any questions? >> good evening. my name is naresh dhadhal, and i am the owner of noble at 600 polk street. six years ago, i was in front of this condition for a license -- is commission for a license and was granted the license. this year, we decided to

modernize the venue. we partnered with [unintelligible] we completely refurbished the place. we added bathrooms and security cameras. we changed the interior from an irish bar to a modern lounge and full-service restaurant. we have a very exciting business plan in place. to address that, i will ask my partner garak to go over the details. i would be happy to answer any questions you have after the presentation. >> my name is derrek bonner. i will keep this short because i'm here to answer any questions you have. five months ago, we helped create an upscale hotel lounge and bar.

we plan to offer a full service lunch with some help the options as well as bar food. there are small plates we will serve late into the night. we will produce all the events in house. if we work with any promoters, it would be a small selective group in a relationship with a host. we will always maintain control of the door and the venue. i have been producing events in san francisco for many years and take pride in being a responsible, community-minded operator. president newlin: questions? vice chair joseph: i guess i am a little confused. you own temple bar? and you had an entertainment permit at temple bar? and did that permit ever go out of existence? >> without being too technical, the applicant was occasionally granted but did not achieve full

per bed status, if you will. vice chair joseph: so you were operating without a permit? it operated temple bar without a permit? >> i have a permit all these years. we did not have any music. vice chair joseph: why would you be under that impression. did you receive a piece of paper that said you had a permit? >> yes. vice chair joseph: can i see that piece of paper, please? >> basically, what happened there is i think a couple of the final sign-offs' did not yet completed. that was the issue with the permit. vice chair joseph: the sign- offs' must be completed or you do not have a permit. >> that is correct. there was not a permit. it was primarily operated with a jukebox. >> which sign-offs' were not completed? vice chair joseph: it is irrelevant. he did not have a permit.

use a mostly it was operated with a jukebox. -- you said it mostly was operated with a jukebox. >> a jukebox was there for the music. vice chair joseph: i am not done. i am asking -- you say you were under the impression you had a permit. you have a piece of paper that said you had a permit is what you said to me. >> i came in front of the commission and -- vice chair joseph: i was asking you to show me the piece of paper you have that said you had a permit. i mean, ignorance is no excuse. i am sorry. let me go on while he is looking. i understand about the sound stuff. but there are a couple of things in the security plan that concern me. occupancy is 157. you say we will have one during the week and three on weekend nights. but the statute says you have to

have one to 100. 157 means you have to have two if you have entertainment present. >> that is understandable. we did not plan to have events over 100 people during the week. vice chair joseph: have we ever settled the argument for patrons present versus patrons on the occupancy level? >> i do not believe it has been settled. there is some distinction. i do not have a good answer for you now. vice chair joseph: all right. the other thing is i think your security plan is just a little thin. there are questions that are not answered, like what are your door policies. it is blank. you said you're using an outside

company but did not mention the name of the company. >> we use a staffing -- vice chair joseph: what is the name of the company? you cannot speak to us if you are not on microphone. >> let the record reflect that a security will be represented. -- ace security will be represented. vice chair joseph: i suggest to submit to was a real security plan. >> it should be a part of the package. past the questionnaire, past the liquor license. vice chair joseph: not in my book. >> are you sure? vice chair joseph: does anyone

else have one? can i see it? >> it is in yours? that is odd. president newlin: any more questions? vice chair joseph: i am done. >> ace security has not submitted any paperwork. they got rid of who they had before and hired us. i am here to represent them. we want to give you folks what you require and need to go forward. we will assist them in that category. president newlin: thank you. i the question regarding sound proofing. it shows you are going to be improving or upgrading soundproofing. that is a necessity because of what? >> it is in the bottom floor of the hotel. >> what changes have you made to the sound system? >> so far, we replaced the door

in the hotel lobby. we put soundproof ceiling tiles. we created a noise abatement between the ceiling and the top floor. we actually emptied the rooms above the space so they are no longer in use. and we put base shaft in the sealing itself. we spiked the subwoofers so they do not resonate through the whole building. we're keeping the back window closed at all times. that was the previous problem. we have put a load of insulation and. >> what upgrades have you made to the sound system itself to require the upgraded soundproofing? >> we brought in a couple new speaker's and a couple new subwoofers. we had recently removed a few of them. president newlin: ok. any other questions? commissioner meko: my first

question is about this hotel. is this a standard hotel renting out to tourists, or is this an sro hotel? >> it is a mixed use sro-type hotel. commissioner meko: you are telling me you have removed residents from their rooms directly above this restaurant in order to eliminate the complaints? >> we moved them to a different part of the hotel. commissioner meko: but you have taken several rooms out of service? do you understand that is a violation of city law? >> we still have the same amount of resident rooms. commissioner meko: how did you do that? >> took them out of our tourist rooms. we still have the same -- commissioner meko: you converted

some of your tourist rooms to sro rooms? >> correct. commissioner meko: the good news is that if we do grant you this permit you will finally be operating and entertainment venue legally. -- an entertainment venue legally. let me finish. the bad news is that you will then come under the jurisdiction of the entertainment commission, primarily in the person of inspector grinelli sitting over there. he will not give you the final sign off for your permit until you can demonstrate that you can contain the sound and it will not be audible in any of the surrounding residences. you understand that is the law? >> absolutely, yes. commissioner meko: thank you. >> i just wanted for the record

to show -- president newlin: ok. thank you very much. members of the public who wish to comment on this application? >> i live at the embassy hotel. i have been a resident there for more than 20 years. mr. grinelli came on november 9, and he read that a very -- he read a very high level of base sound and vibration through the floors and walls. the whole building was shaking. pictures were coming off the walls. here is a copy of his e-mail. president newlin: thank you.

>> i spoke with derrek and naresh after repeated -- they have been having events there repeatedly since october 4 that i know of. and i have a citizens lobby of disruptive activity -- a citizen's log of disruptive activity and a police report. i spoke with naresh and derrek regarding the noise issues and said there were going to fix everything and it would not be a problem. on december 11, they had another event. all of a sudden at 12:30, someone raised the volume.

the problem is the police often cannot get there until after 2:00. they are busy with a lot of other things. so until the noise vibrations have been measured, i am opposed, and others. i have signatures from five other people. several of them wanted to be here tonight but were unable to. ok. >> my issue is the noise. and what they are