desired. all of us -- peaking in to the windows to see our new displays, hoping for him to come back the next day to buy something. we are very much looking forward to having them joining our block. creating an opportunity for us to survive during these hard times. i also have heard concerned about parking. sacramento st., in my opinion parking is not any different than any other street in san francisco. yes, you might have to circle once or twice. there is no store or restaurant on clay street.

i did not find it -- again, i dare to speak for all of the business owners and our neighborhood, it is crucial for all small businesses that they are allowed to open up the restaurant. please allow for them to fill their american dream. -- fulfilled their american dream. vice president wu: any further public comment? public comment is closed. commissioner borden: this sounds like a delightful project. i was wondering who would oppose this project. if you have -- i have a very good friend who lives on clay street. it is shocking that there are so few restaurants in that corridor. it is one of the few active restaurants.

magic flute is great for brunch. i can name all the restaurants in two seconds. there are not a lot of restaurants. that is shocking, given the number of people who live in the area. it tells me there is a desire in the neighborhood for people to have high-quality places to go. if you do choose to go to dinner, you will find that those restaurants are pretty crowded. i am a very familiar with that space. i think that block, in particular, it is a nice addition to have this restaurant because it helps drive traffic

to that a theater, which is owned by the san francisco neighborhood theater foundation. i think it could be a symbiotic relationship in helping to help that theater as well as the street in general. which is quite dead at night time. to me, if you talk about necessary and desirable, this fits the bill. i would move to approve. >> second. commissioner antonini: as i heard this described, i thought, what a perfect addition to sacramento streets. certain streets have a certain field to them and sacramento street has a sophisticated -- a

field sophisticated dining. it will be a great complement to the restaurants that were already mentioned. something that is not there now in the type of food that it presents. i think -- i really like going there. i think the worry couple of letters that thought about possible disruptions. -- i think there were a couple letters that about possible disruptions. there are people standing outside of restaurants. it is a sophisticated restaurants -- is a sophisticated area. the parking is not great, but to better than other parts of san francisco. a couple of the restaurants have valet. i think this is a great project.

i hope you were able to move forward as soon as possible. i am getting hungry listing to the testimony. commissioner sugaya: i have not seen the menu yet, commissioner. [laughter] i would like to offer a little caution. there is a reason why restaurants, at least in this area, have conditional use reviews. i was quite interested in a status presentation of the uses on sacramento st. at the moment. it is the kind of mix of uses that to other neighborhoods are clamoring to have, but they have been inundated with restaurants. you still have a barbershop. that is really cool. you still have a flower shop. how many neighborhoods have a flower shop? you have a dry cleaners.

there is a whole mix of uses along here that the next neighborhood, the people have said that they miss now because of the number of the other types of uses that have come into the neighborhood. i do not think the addition of this one up sets that balance, and i am not hoping you will spawn other competitors, so did speak -- so to speak.

>> the motion on the floor is for approval. commissioner moore: i found the story kind of compelling when i think about some of the ideas of bringing back into it together and how he was describing individual attention into what is trying to do. i felt very comfortable. i also feel that this building in particular is quite -- to create a restaurant on the inside, but a special place. the building itself is a very sweet little building and i think the approach they're approaching -- there are describing seems to tell a similar story. i am very supportive of its. at this moment, we should be put on notice there is an attempt by supervisor farrell to put

restaurants back into the cu category on union street. i do not think we have that situation here. we should just carefully monitor it. i do think it tells a very good story. commissioner borden: this neighborhood, only 7% of the total commercial fronts our restaurants. there are a long ways away from that inflexion point, but i understand the point you were making. >> commissioners, the motion on the floor is for approval with conditions. [roll-call vote]

the motion passes unanimously. item number 11 -- 1137-1339 grant ave. >> at the request before you is to amend conditions of approval to allow amplification of a previously approved live entertainment use and to expand the permitted hours. in 1997, a conditional use was granted to allow live entertainment with no amplification between the hours of 7:00 and 10:00. sponsors requesting to expand these hours to a new note for 1:30 a.m. and to allow amplification. the draft motion would supersede entirely the conditions of

approval from the two previous conditional uses for the premises. this would establish the most current operational practices for the business, consolidate the conditions within a single document and would reflect the current standardized language. it should be noted that entertainment commission granted a place of entertainment permit for the establishment to allow entertainment until 2:00 a.m. subsequent decisions determined it would conflict with the limitations that currently apply to the business. the requested amendment would remove these conflicts. staff has received numerous communications in support of the request from residents, business owners, and organizations in the area. staffas also received a communications from the north beach business associations expressing concerns about

patronized and rowdiness. they have made a request to limit the hours from midnight -- to midnight sunday through thursday and 1:00 friday and saturday. they also requested a condition requiring operations as a bonafide restaurant prohibiting moving tables and chairs to create a dance floor. the planning code would require that the business continue to operate as a bonafide restaurant. staff supports the requested amendment to. the request would not add a new live entertainment venue, but would allow a more viable operating parameters. project sponsor is also here and we are available to answer questions. vice president wu: thank you. project sponsor? >> hi.

thank you for your time and consideration. i'm the managing operator of tupelo. i am joined here by my business partner. first and foremost, tupelo is unique southern theme restaurant the only one of its kind in the north beach area. we pride ourselves in serving top quality haute cuisine. our commitment to our neighbors and the well-being of the neighborhood should al be noted. we have not had a single incident since opening and have held five fund-aisers to benefit local organizations. and to committee members -- community members in need. we are applying for an

entertainment use because we believe entertainment is an integral part of the neighborhood. it is a central pillar of our business concept. we selected the name tupelo because of its musical association. tupelo, mississippi, it is the birthplace of elvis presley. the name connotes a folk music and blues music. it has served as a guidepost for everything from our style of food to decor to the entertainment choices will make for our guests. without entertainment, tupelo is incomplete. we specifically selected 1337 grand avenue as our location of choice to do to its size, the quality of its petition -- its kitchen, and its 50-year history of the entertainment venue.

any significant restrictions in the hours proposed would impair our ability to attract the best artist the city has to offer. we're highly focused on improving existing use. we have completed an extensive remodeling of the interior and dexter of the premises. we've brought a unique food offering to the north beach neighborhood. we've budgeted for substantial investment in sound abatement. we believe that live entertainment is essential to maintaining the vibrancy of north beach. grant avenue has always been a destination for live music. live entertainment is already prevalent in the neighborhood. this puts us as -- at a significant competitive disadvantage.

we intend to restore the long legacy of great entertainment in the north beach. tupelo is suited for entertainment. it is the only commercial building on the block. there are no residential units above us. it is located on the commercial district. it is specifically designed to accommodate both restaurant and entertainment for the services. it operated as a permit venue for live entertainment for six years, directly prior to are taking ownership. we are currently open until 2:00 already. entertainment will not expand our hours of operation. the only addition will be entertainment. it has a long history of entertainment dating back to the 1960's. we have run a model established

that. there been no incidents of any kind since we have owned the business. perhaps most importantly, we of broad support from the residents and merchants of north beach. approximately 350 of the customers have signed expressions of support for entertainment at its tupelo. over 35 north beach merchants have signed letters of support. this includes every single active merchant on the 1300 block of grant ave. clearly, the neighborhood has spoken in favor of having tupelo as a live entertainment option. it is good for the arts, economy, and for the city of san francisco. thank you for your time. we're happy to answer any questions you might have. vice president wu: thank you. any public comment on this item?

>> [inaudible] >> if you would like to speak on the item, you can line up on the side with the monitors. >> hello. thank you for the opportunity to support tupelo. i am a musician. i am thrilled that this will hopefully go through. there are a lot of artists out there that need support. a lot of people looking for jobs. that is exactly -- there be more jobs available. more people would be employed as musicians. this city would get more revenue as well.

i have been down to tupelo 25 or 30 times in the last nine months. i've never seen it get out of hand. i've always enjoyed the food. there are a few music venues, but none of them -- i would say there are more beauty salons and restaurants with no music. within a block area, there are maybe four or five music venues. this would be the most unique one at of all of them. i do not see any reason why this should not go through. i do have an interest of getting a gaigi is there.

thank you. vice president wu: next speaker, please. >> i need 10-year resident of north beach. i have had no impact since this establishment has opened. i've been there many times. i enjoyed the food. will someone please bring back the boiled peanuts, please? i bring my own family there. the building has sentimental valley -- sentimental value for me because it is where i asked my wife to marry me. it would be great to celebrate that again. as somebody lives around the corner, i hardly hear anything. i have more problems with

motorcycles. as far as an institution and a place to eat, i love what he has done. the lounge is a very southern. when he was talking about jobs, and this is what we are talking about the impact of the grand avenue corridor. we're looking at people that could play there, and the people that support the institution and the people that are coming to visit and tell their friends. it is an excellent place, i highly recommend that you check it out. vice president wu: thank you.

>> i want to thank the commission for doing your job. it takes up a lot of time and i appreciated as a citizen of san francisco. i want to talk about live music being a part of the culture in san francisco. night life and the culture here is part of the fabric of our community. if he had the opportunity -- the musical be top-notch, his taste in music is exceptional. it is a great idea for him to be able to bring it to the rest of us, and society. i want to talk about the hours of operation.

when you think about how binding? -- headlining acts, in order to compete with these lives and then use, -- venues, he will need a conditional use permit. that is what is expected in the industry. when you go to see music in this town, they are not coming on until after 11:00. the need to be a competitive space and allow people to make money and have jobs, and he needs to have the same kind of level playing field. i think 1:00 the 30 music ending is what is standard for this town. and i do not think it to be any different for tupelo. thank you.

>> thank you for the opportunity to speak to you. i'm a professional free-lance musician. i have been living in the bay area for 27 years. i've been making my living as a musician for the better part of the last 20 years. the reason i was able to create a living for myself as a musician was because of the abundance of the venues that allowed me to learn my craft and achieve the skill sets i needed to compete. what can keep the san francisco name and spirit alive and help keep its status as a live music destination is supporting solid

businessmen who want to keep a quality venue of floats -- afloat and keep local musicians employed and keep the flavor of the grand avenue corridor all live -- alive. i have spent a lot of time in north beach. what he is bringing to the neighborhood would be an improvement over what had been taking place previously in terms of the quality of music, the quality of his clientele. he is a guy that has a lot of support in the neighborhood. he is a community minded guy with a good business plan. it is important for it to grant

him this ability to keep this -- music going until 1:00 a.m. because i think he is wanted be good for business and good for musicians and good for the neighborhood. thank you for your time. >> i am a local professional musician and an entertainment agent. i am here in support of tupelo. touching a little bit on what others have said today, i think it would be a shame if a young business owner, without having entertainment, you are competing against a lot of odds.

he is trying to offer top quality music, top quality food in a nice environment. i have been going to that venue for the last six years. since he has taken its over, there has not been that many incidences. the music caters to the artistic integrity of the neighborhood. it is not to hip-hop, punk rock. if the place does not have the opportunity to stay open until 1:30, you will not get any substantial musical acts. no one wants to have to go home

at 10:00. a bar without music is not really a bar. i have seen local owners, i have worked for a few live music venues around time. they cannot afford to bring in acts because they cannot compete in this modern market. restaurants are the toughest business to own. i would not wish that on anybody. if you had the opportunity to show the community that the style of music and the top-notch musicians he could bring in, any kind of entertainment, because of the history of that particular address. a lot of people have played there. it would be a shame to see that the venue not have a chance without this entertainment

permit. thank you. vice president wu: thank you. next speaker. >> i have been in north beach resident for 7.5 years. the reason i fell in love with north beach years ago was because of the music and art and history of that neighborhood. i am still in love with it. 1337 grant has been my home for the last six years. i have run into so many wonderful musicians. it breaks my heart to think that we could not keep this and then you as a live entertainment venue since it has been that way since the 1960's. i hope that we can keep it going. thank you. vice president wu: thank you.

>> i am a writer for "guitar player" magazine. he understands players. i of the utmost respect for his taste in music. he will bring in a kind of quality musicians that we need to see in san francisco. i wanted to be non -- i wanted to be known that he bought this bar as a live music venue. this is a technicality. it is his dream to open a live music venue only to find that he has not been able to do it kurt please do not kill his dream.