-- a huge percentage are the homeless- related issues. second would be 418's, a fight. it does not distinguish whether it is verbal or physical. i was reading through it. there are not a lot of police reports. >> it seems as though there is a lot of heat behind this operation. there are other operations that do not have similar heat. it never became clear to me exactly what the problem is with this establishment that is different. >> i think it is location. the number of bars around this location. >> who enforces these

conditions? >> there are part of the permit. we enforce the conditions with the help of the sfpd. >> i am having a hard time understanding the low number of calls and then the actual requirement you have two security guards. helpe understand why, at a small place, would you require two security guards? >> the police recommendation was long. supervisor mar approached it as two. that is what the commission went with. >> any other questions at this time? thank you. we will take public comment. can i see a show of hands.

? >> will you be ok with two minutes? you get three but be aware that if you can be briefer we would appreciate it. >> if you are able to come up please line up along the wall to move the process along faster. the first person can come up to the microphone. you can handle the cards to the clerk. if you could fill it out afterward, it would help us. >> i appreciate your time tonight. my name is tracy west. i live around the corner from jack in the box. i have raised three children. my family has lived in the community for close to 16 years. my stoop and the driveway are

the overflow parking and seating area for jack in the box. ketchup, a trash are often left on my stairs. this side of my stairs becomes the outdoor restaurant facilities for these customers. i have considered installing a date but find that my senior neighbors like to rest on my stairs on their way home from shopping so i never felt the need to do that to make them suffer for the jack in the box's customers. if the noise does not wake me up, i am usually woken up at the back of my house. my master bedroom is corner to the parking lot. i have double pane windows. i have in still a -- in s sulation. it is not stopped the screaming and the fights.

pretty much on a regular basis. since jack in the box has been closed, at first i was finding out was still waking up on a regular basis. that shows how often i had been awakened by the noise. my sleeping pattern was totally off. after a few weeks, i have been getting a full night's sleep. i do not understand how they can prioritize that drunk people need a place to go over residents trying to live in the neighborhood. i do not regard to jack in the box for trying to make money but we have other restaurants in the neighborhood and a close before 11:00 p.m. they do not have any issues about staying in the business. that seems to be their big thing. we are asking jack in the box to

be a considerate neighbor. i will say that i live around the corner and i have gotten no outreach from jack in the box. >> next speaker. >> i live on tent at the corner there, one block away from the jack in the box. because the facilities are so small, they will often park on my place or cross the street and walk over. that is why you get so many petitioners because it affects the outlying areas. not just there with the tragic incident but they will come down and park content or 11th or geary and walk over there. you get awakened at 2:15 on a

constant basis. it gradually dissipated to almost nothing. there is also an after hours place a few doors down. a korean barbecue. never any calls there. never any problems reported. so, i have been a victim of violence from one of these patrons headed over there a few years back where they decided to walk on the top of my car and i went out to ask them what they are doing and they threw a construction barricade through my window. the police came right away and had them in handcuffs. there are constant fights. i get calls to several nights about some the urinating on my porch or leaving trash. the police do not have time to address these issues. they have other problems.

it is more of the quality of life issue. the size the safety issue, in that area. thank you. >> next speaker. >> i have lived in the district for more than 30 years. i want to say that this is a public safety issue. that is what we have been concerned about. i want to point out that it was the commander who first brought this issue up to us as members of his advisory board. about a year-and-a-half ago. he came in and he spoke with us and spoke with san francisco and captain kurri and asked us, and he said he had a problem with

this location. he wondered if we might be able to reach out and find a solution. we find out the franchisee and invited him to speak with us and he implemented changes like lights in the parking lot and a security guard on the weekend. i am concerned about a couple of other issues which is that 1000 people, more than 1000 people verify to live in the district, it is very hard to get even 50 people together. 1000 people feel that this place is a problem after hours. the captain thought this was a problem. supervisor mar ask for a continuance of a decision so that he could reach out to the neighborhood. he did that. we had a community meeting at

the police station. residents came as well as some bar owners, motel owners that supervisor mar invited. they said that since and the close of the jack in the box, they said they were glad that it was closed. supervisor mar thought they would support the small businessman that they said they had problems with the jack in the box patrons causing problems for their patrons, problems with them urinating on the building. it is not just residents. it is business owners as well. supervisor mar had not recommended it be closed. i came into the second meeting. he said he was recommending that it be closed. it is in the record.

nobody i have spoken to, we were all stunned no one asked for or recommended that the closed. we have never recommended a permit be denied after hours. there is a safety issue. we want to close when the bar is let out because we are concerned about a serious incident happening. i do not think security guards need to sell tacos. that tells you we have a problem. >> next speaker. >> i am a richmond district resident and a member of the community advisory board. i want to reiterate what tracy west, my neighbor, has said. i could repeat her words but she basically spoke for me. sue and i sit on the advisory

board together. this came to our attention by the commander when he was captain of the richmond district station. we worked in conjunction with our police officers. we work with our officers and with our captains to try and address community issues and problems. we are mr. kahn's neighbors, not his enemy. we have never asked him to close his business. we only ask, after gathering the evidence, and that he close from 2 a.m. to 4:00 a.m. i think that got lost. also, i wanted to say that we

did not initially addressed the 24 hour opening or permit issue when he first came into our meeting because we were not aware he was out of compliance. we operated on good faith with him, thinking everything was in order. i want to thank you all for your time and attention. i would encourage you to support our neighborhood and what we're trying to do. >> if you have not handed in your speaker cards, we would appreciate it. >> could evening. i was representing other clients while these cases were taken. i have been following this one and reading it in the press. i wanted to reiterate that i believe that supervisor mar did

not support the after hours. however he understood it would go before the commission and their consideration and he put their terms in in the event it passed. that is how i understood it. i am an advocate for having food available late, provided the environment is safe. what happened here is the isolated case got into the papers and magnified it and it became everyone's attention. everyone took a look at it. every major city has food that is open late. people work in the hospitality industry need to have sustenance. the question is, is there a public nuisance at this location? i do not believe there is a pattern that supports that data.

in reference to commissioner garcia, and he said haori managing people? let's -- how are you managing people? if you have 18 seats in your occupancy is 49, if i am coming there, if there is a seat available, if not i usually go and eat in a car or i go home. i do not know if the intensification issue is really an issue. i think it is being managed properly. however, i also think that this company has gone into the community and put additional safeguards that make the place much better and much safer. security guards, personnel, and increased awareness in the community. i think at this point, i would uphold the permit. i would keep a good look on it. i think they followed all the

requirements and did everything they were asked to do. i know some of the will of the people that live here but at the same time, i think the applicant was in harmony with the codes. that is what we have to look at, did they play by the rules? i think they did. i would uphold the permit. if we have to revisit it, or come back to it, that is one thing. i think with the increased safety valves, i would like to give them a chance to continue their business. >> next speaker. >> mr. president, commissioners, i would like to agree with this previous speaker. i think that it is a safety issue but the safety issue, to me, is the importance of late

night food in terms of sobering people who have left the bars. there is research that shows that food helps sobered up people. we can send them home and probably people will get a better night's sleep. but how many? will there be from drunk drivers? we should look at that issue. there is another issue, when i grew up, this was called the geary freeway. if we shut down the tonight food and shut down richmond, it is one more thing we're turning san francisco into walnut creek. we need a late-night food and late night establishments. we should applaud this permit because it is in the interest in safety of the other people on

the street to have them less intoxicated when they go home. thank you. >> is there any other public comment? we will move into rebuttal. start with the appellant. >> president garcia, the transcript does not lie. we have the transcript. a federal district judge -- supervisor mar entered the room and he says i want to say that i am supportive of your neighborhood to consider their voices and to not allow the jack in the box to continue between 2:00 a.m. and 4:00 a.m. he says that on his website. the second thing the transcript

said is the conditions on which the permit was issued, they are contained in the transcript that we have provided to you and the the police conditions, including the 18 and the fact there is no loitering, were adopted. they are contained on page 31. commissioner joseph, with the conditions of supervisor mar, there was an amendment that we had no comment. he said yes and it passed. the police commission, recommendations, excuse me, only 18 in the restaurant and no boy during, were adopted. given that, these are the final points. it is inconsistent. you will have more than 18

people loitering outside. they will create noise. i can tell you that i live one block from this restaurant and i have seen the lines of 30 to 40 people waiting to get in. there's nothing in the record showing 49 is the occupancy. that is irrelevant. the police conditions of 18 were adopted. we're talking about two guards to sell faster. doesn't that show you you need two guards, maybe you should not do this after hours. we do not have them in the bank or anywhere else. this is such a high risk activity we need two guards. there is no evidence. the evidence is to the contrary. we have attached scientific studies saying that food does not sober people up.

if you are drunk, you have to wait for the alcohol to leave your system. i ask that you dismiss the last comment by this attorney who said the applicants, should be endorsed. in sum, there are other late- night places to get food. we ask that the entertainment commission be reversed. >> you have three minutes of the bottle. -- rebuttal. >> we do not profess to be experts on what sobers people up but it seems odd that bars and restaurants offer coffee when

somebody is intoxicated. that is not a point. the point is the appellant says that over 200 people are in this restaurant between 2:00 a.m. and 4:00 a.m. that is not true. the owner of the restaurant has had a countdown and it averages far less than that. far less than that. the second thing is, we went through the commission. we did everything. we have complied with every requirement that supervisor mar, the police department, or whoever it is, imposed. it seems to me unfair for them to be penalized before they get started. yes, there were problems in the past but they have been fixed. again, i do not believe the restaurant is a magnet for the

problem. the magnet starts at the bars. as the policeman said, one of the reasons they have a higher incidence ratio is because they are closer to the bars. it is not their fault the bars are closer. as far as the argument of going someplace else, that is like, and not in my backyard. is it better to have been in talks in kidded person walk across the street -- intoxicated person walk across the street or driving creighton accident? in closing, we have done everything we have been asked to do and then some. he did not open his restaurant for 30 days because he is trying to bridge the gap with his neighbors. it seems unfair to change the rules midstream.

>> let me add, the issue about occupancy. occupancy recommended by the fire department says 49 people can be there at one time. i am having an average of 50 transactions an hour. most of the people by the food not to sit there. the seating is 18. the occupancy as 49. you should have to take a picture of 50 people outside the restaurant. >> is the time up? >> you have a few seconds. >> you do not need to justify why you want to stay open.

i am curious as to what is it about your business plan that requires you to remain open past 2:00? >> we have been open since 1988. low-price crude available to the neighborhood. -- food available to the neighborhood. >> is the success of your business and reliant on 2:00 and four o'clock? >> right now we have a broken shift, somebody working 10:00 to 2:00 and not enough hours to give them to accommodate the shipped. -- the shift. >> is out what the logic was? -- that what the logic was?

>> somehow it came up like that. i just do not know where it came to. >> the numbers do not work if you have 38 our ships. somebody is not working an eight hour shift -- 3 8 hour shifts. somebody is not working and eight hour shift. -- an eight hour shift. >> i work for 600 franchisees. the fast food business is competitive. the margin is small. approximately 8%. these hours are important because of the clientele, the young folks coming from the

movie house. the guy who is hungry. >> i do not know any movie houses that close at 2:00. maybe when they are showing "rocky horro." r." >> you mentioned you need that to stay open and be viable but there are only 50 people. on friday and saturday, d you have those numbers? >> 50 transactions per hour. >> that is every day? is the weekend fire. >> less on week days. >> and you operate other locations that have 24-hour? >> yes.

commissioner hillis: to those other locations do as well? or is this a better location? >> other locations do better than this location. >> i need a little bit of help on the chronology. when did you purchase this franchise? april 2008. >> rid when you bought this business, you were operating the assumption that he would continue to operate on a 24-hour basis. >> that is correct. >> most of the calls were before the security guard. once we have a security guard,

the calls dropped dramatically. >> you can sit down. >> i wanted to underscore the language in the police " relative to the instructions to the entertainment condition that you should in shoe upper met unless it reaches the threshold -- unless it reaches the threshold. i wanted to point out that there is a long list of conditions that go to some of the complaints the neighbors have brought to your attention. those include taking out the trash, lighting, a toilet facilities, the outdoor seating area is to be closed at

midnight. that was not the case before. i think that may impact noise as well. there is a list of conditions, some of which came from the police department. many of which came from supervisor mar and to the community as well. the commission took all of those things into consideration. i am here for questions. >> how many late night food permits are there? >> we manage about 120 extended our permits. 80% our food. the balance of those are the things like entertainment- related, 24 hours. >> how many fast food? >> how many fast food? >> san francisco does not have