this was designed based on the health permits information. i am sorry to take your time like this. >> if we could hear the rebuttal and come back. >> that is fine. goo>> commissioners. the initial application was as

they noted for african coffee. on this of metal, we believe these were all drinks or sweets to be consumed on site. had we known they were selling coffee beans and package the that is not to be consumed on site, we would not process this permit, because that would be the wrong type of venue. based on this information, we continue to believe they will sell coffee and tea and suites. the hearing was very specific as it relates to that. the applicant was pacific they do not want to provide true coffee region was specific they did not want to provide region the applicant was specific they did not want to provide brew coffee.

the continued argument was that we did not follow the process. the department continues to maintain we did evaluate what they were proposing selling, and there are many similar foods being sold at a burger king and various locations. the applicant says coffee is being sold. they are selling sweets, and she is suggesting coffee beans, which were not part of this permit, so i am not sure of the nature of her objection. have the department known the applicant was planning on selling coffee and tea bags, we would not have approved a permit, and we would have sent her away at this point.

>> thank you, sir. good >> do you have that? >> you have to speak up here, if you would. >> i apologize. they had me take everything off my computer. i would have to take it off my computer to get it to you. it is a card with a canopy, so it is basically a block, and it has a hand washing station, a fridge, a small area for the display or the counter top, and that is pretty much all there is to it. we do not use propane or anything like that, but i did

want to address the beans and teabags issue and the fact steps the dpw is trying to say if they had known i had teabags and beans that they would not have allowed the permit. what is so surprising is they knew everything. >> you are still testifying. all but was left for you to respond to was the you have a picture. >> yes, i do, but i have not put it up yet. >> if someone wants to ask another question, that would be fine. why is the name of your business oak barbecue? >> i have a barbecue business. >> that is part of your name.

it does not have anything to do with this operation? >> no, because when i was discussing this with dpw, i thought it was the best part of the business i could bring to san francisco. >> you feel we could have our discussion without that picture of? we're going to have our discussion and decide whether or not we are going to uphold or overturn this permit. >> i am interested in hearing a little more about the information you provided about the kind of products you are going to sell. tracks when i first started the process i told dpw about my product, and we started talking about location and foods and things that were not being addressed or provided in the

area, so one of the things that was unique about my business, is very easy, and you can consume it right there, or you can take it home. it is very flexible, so that is one of the things we wanted to maintain, that flexibility in providing coffee to the consumer. >> you disclosed that to the dpw? >> we disclose that at length, and dpw was the one who told me to put suiteweets instead of the specific muffin i was considering, cause i said we were talking to the bakery, so he said, let's leave that open because we can work with the other businesses to provide whatever is not competing.

we did not want that to become an issue. >> the matter is submitted. >> who is going to lead us off avalon -- lead us off? >> i will start. to me this seems to be a strained application of the standard of what is the same type of food. it seems to me what is proposed to being sold by the appellant is clearly distinct from the types of food being sold within 300 feet. i think the exotic african teas and coffees is very distinct from the coffee brewed at burger king. one of the question from

commissioner garcia is quite apt. italians would call their noodle pasta, and china meese would cal it a noodle. it is very distinct. this is easy for me to decide the department got it wrong. >> two points. i would have agreed, but i was curious in asking about a photo, because it would have shown me what kind of advertisement would be on there. the question has been brought up now.

this is the sale of products that are not consumable a. it really appears this is under a different ordinance verses the food cart ordinance. at this point it does not appear unless i could see further evidence on how she intends to market this, why would uphold the department. >> i guess what concerns me is this is a nightmarish story, and we have people, the nightmare was not created about fisherman's wharf. i would not accused dpw of having created a nightmare.

this is a new ordinance, but it seems as though no one would suggest this. the appellant thought she fully describe the product she was going to sell. i think it is problematical. i do not think what she is selling is edible food. it seems as though she may require a permit from the police, so that is one problem. another problem is i see no similarity between the coffee and tea being sold there and that being sold in burger king. it is not their principal business. i do not see why that would be any competition. i was little surprise over the uproar of this particular business. this is a unique product.

i just assumed i knew the answer. it seems unfair that someone could come in with a much lower cost and compete with those businesses, but we cannot have this kind of food operation within 1,500 feet of a school. it seems there are certain areas of the city where this should be prohibited, and this would be one of them. they could only par for an hour, and the department would require them to be there. it is not thought out, and the amount of expense is a pilot has

had to go through to find out a lot of things that should have been found out long before now, it is heartbreaking, but the other problem is, even though the product being sold is not what is being sold at burger king, aside from the fact it is not consumable on-site is darren's cafe. there is a letter from fisherman's wharf now benefit committee. i think it is undisputed it is within 300 feet, and that this is what the department is able to review, and it sounds as if darren's is very similar. i intend to uphold out of sympathy for what the department

has gone through. i would pray the department allow her to sit down with this appellant and figure out some other spot where they can operate so that some of the cost some that have been incurred can be recovered by operating a successful business. >> i would vote to uphold the department. i think it is a tough decision. i value the mobile food facilities. i think the city has made an effort, but we have to balance it with the neighbors' concerns, and that is why this process was established, and i think we have

heard a lot from the letters of well as the testimony here, it is a congested area. there are 100 restaurants in the vicinity that sell like food, so i would agree and uphold the permit. >> i agree it is a difficult decision to make. i think based on the fact is a unique product, i do not find is like food. i would vote to grant the permit. >> rather than making a motion

that might fail, i am going to make a motion to uphold the permit. but is it based on the decision? >> it seems as though there is something wrong with the business plan, but it seems like we can leave that out. let's just go with like foods within 300 feet. do we need to cite that? >> it is the hearing officer's decision? >> the finding is the same as the product and the meeting of the public works code. >> on that motion? >> i strongly object. [calling votes]

>> i would object. >> the vote is 3-2, and that motion passes, so we will move on to the next case, which is 12-003, appealing the denial on december 22 of the global food officer -- the mobile food facility permit. we will give the appellant seven minutes when she is ready.

>> i am here to let you know i am a grower of african coffee beans and tea from africa, and our coffee is for a coffee cart. it did not have anyone to appeal that brought forth an appeal, so i went through everything, paid for everything, and it was in nine days on like food -- it was denied based on like food, and i strongly disagree because nobody sells african coffee or tea in the area. the coffee is available to be used in the cart, so they can experience it right then and there. they also have the chance to

take it home. if they want to take some home. most of our customers try the coffee first, and that is why we have both. our emphasis was based on what we were told and represented by the dpw as to what we could provide, and i find it very interesting that a coffee at burger king or a cafe or a pizza parlor can be considered the same kind of coffee that you would pay $140 a pound for, and not only that, i believe the fact that it is an african coffee, distinguished by its ethnicity, and i am ethnic, so it is from my background, that

it can be compared with coffee that is provided by boudin that have to coffees, but both have artificial ingredients in them. my heart is in the specifics of the permanent requirement, and it was designed for that as well, and this is another situation where after i had gone through the process, after they notify me there were no protests, and when i was ready to get my permit, and it was decided they were going to the night it, so at this point i do not have -- going to deny it, so

at this point i do not have faith in the system. what was denied was like food, and what is determined here is whether i can sell coffee beans. that is different from what i was preparing to come here with. n.yat no point in the ordinance does it prohibit me from doing theat, so i am surprised, but there it is. thank you. but it was a little bit different from the information, but you are free to arm for a continuance if you would like time to prepare for this based

upon some of the comments you heard. >> the problem i'm having is that dpw has brought forth issues that are not even in the order to deny a. that is what we are talking about. now we are talking about whether i have of our right to exist. that is not something i am willing to tackle at all tonight. i am responding to the denial. when they say there are hundreds of restaurants, that is not within my group, because i did not have hundreds of restaurants, and there are no neighbors in this area, so the noise and all this they are talking about is irrelevant

because they are businesses, and it is a business area, so i am not disturbing anybody sleep common on -- anybody sleep, so i do not know what this is about any more. is it about me having beans, and it is like burger king? i do not understand that. i am here to put forth the fact that i have a unique product that is consumed on the spot, and it is available to take home. no one in this area has it or provide it, and i feel you can go either way on the subject in terms of beans or tea bags or whatever, but i do not think he will find a better african coffee in the area if you try to

find it, and is distinguished. you can very much to distinguish it. it is organic. it is healthy. you use less. what you find available in my area you have to use three or four times the amount by sir. -- the amount i served. we have, we can request we serve a particular coffee while we are there, and it is within the requirements that were given to me on the website in terms of some where the card is located and how many feet i can be on its. i have a letter from the police department saying it is within the recommended area that my heart is going to be, and in terms of traffic, i was there in

the middle of the weekend at the height of traffic, and there is nothing on the street, because across there are two empty buildings. could there are no other businesses. there is just one long area you are walking to until you get past the halfway point of law, -- of the block, so i do not understand anymore. we feel it has been a process a does not work. you cannot discriminate against me because everybody sells coffee. everybody sells coffee, so the

fact i serve coffee, too, is not supposed to be taken into consideration according to the ordinance of health, and this is what is happening, and nobody is looking into the fact that it says you cannot use coffee if they are selling pastries, because that is not their core business, but they have coffee, su, so i am very disappointed, but thank you for this opportunity, because it has been a very expensive, long process, and it is very tough.

♪ >> do you sell coffee beans? no packaged coffee? >> nothing. >> thank you. >> what is the name of that establishment? >> that was the bakery. >> that was darren's?

>> that was the water from bakery. we did the water from a bakery. >> which is the one that is nearby? cruxes that the same place you want to station in the car to? -- >> is that the same place you want to station the cart? but this is the peak of the reagan -- >> this is the pizza. >> the use of coffee beans we did do you sell coffee beans? -- do you sell coffee beans?

>> no. >> it goes on and on. >> what i was trying to do was open the eyes of people about the different origins of coffee, open their mind to the fact that call3 originated in africa -- that coffee originated in africa, that there are distinguishing characteristics, and the crop starbucks has got everybody hooked on promotes acidity and some health problems for people, so what my coffee provides is an alternative to them not drinking coffee at all, and i mention that in my brief, and it affects a lot of businesses, not just me. >> thank you.

>> good evening. for this location is different. there was a recommendation for denial from the police department, and we followed their recommendation specifically. to clarify some things, the notice of intent form states and what is to be sold is to be african coffee, tea, and suites. -- sweets.