point because we have numerous -- commissioner meko: let me interrupt you here because this is pretty much just a simple statement i'm making and don't really need to engage in a back and forth on this. the one letter that you have from a resident next door is from someone who has only been in the building for 15 days. they also state within those 15 days that they have been there for two weekends. that's logical, 15 days is two weeks. so end of story. i don't think we really need to go into the credibility. but you provided no other letters from any other residents of that building and that building has been occupied the last year and a half. i met somebody last night at the rincon south beach meeting who said -- who i talked with for a while who also will affirm the bass from your club has been a problem. so let's not get into, you

know, casting dispersions on neighbors or trying to isolate them or pit one neighbor against the other, it's very clear you have some sort of sound problem. i guess while you're at the microphone, let me just ask your opinion, staff is recommending that we impose a two-week period during which you need to address the sound problem is that you come into compliance with the law. the law says that your sound is not to be audible within any surrounding residence or business. do you see that as a reasonable period of time to come into compliance or do you understand that beyond that we may vote tonight that if you're not in compliance, we would recommend a seven-day suspension? how do you respond to that? >> i think that at this point two weeks should be sufficient for us to make some adjustments.

we've done almost everything we can think of. and i'd like to get some suggestion from the commission on what we can do, and commissioner joseph, i know you've always been adamant with the low frequencies and we've done that at the bass and moved the speakers around to make sure they point away from the building, turn the levels down probably 20% to the point to where our customers would come into the club and say, you know what, why is the music so low, taking away the ambience and the energy of the club. we hired j.k. sounds just last week and received an estimate last thursday, i think. and we're trying to come up with the funds to hire them to professionally engineer the sound and -- commissioner meko: j.k. sound is not an audio consultant. they provide systems.

i believe the residents of the building in conversations with you had recommended somebody like salter who understands sound atenuation. j.k. sound specializes more in making loud sound. so perhaps you're consulting the wrong people. >> we would be happy to consult with whoever the commission would like to point. at this point -- commissioner joseph: the commission isn't going to recommend who you should consult. commissioner meko: this has been an ongoing problem for months and mons and we've seen the emails going back and forth and you should have consulted somebody who can lead you to a solution. but the bottom line really is that the law says your sound is not to be audible in any surrounding residence or business. neighborhoods or businesses. >> taking up the super low

frequency of vibration and that part of the sound the vibrates, the only thing you can do to help your base speaker is to put them on isolate jurors so the base -- put them on isolate errors isolator -- on isolators. the best thing is airspace. maybe you can consult someone about creating an air space on your roof instead of inside the building. that is just a suggestion. i am not a sound consultant. that is just one thing. >> there are also ways you can analyze the problem without

throwing a bunch of money in a half-hour a certain manner, and there are -- a haphazard manner, and there are firms that specialize in this, so they will monitor the sound in the building and outside the building so they can actually track what frequencies are moving through, because occasionally your speakers will activate harmonic sounds that are resonating in the building that are not actually present in the sound itself, so one sound isolates a countertop for example. that creates frequencies. now those could be the frequencies in treating. by having a system that analyzes the sound problem, you can hone

in on the problem. before you spend a lot of money doing a lot of things, i would really recommend getting your hands on the bus company that can do this monitoring -- on this company that can do the monitoring. is in place through the internet, a comparative analysis so you can monitor the sound and see what affect it is having outside the building. that can sometimes be done in a matter of hours. since you are down to this one new ones, that may be the best way to get at it. >> i have a question, since you have been here the longest.

this permit does not state any thing on what the use is for the area, so i am trying to figure out the permit if it was under a specific type of use and whether the condo's built only a few years ago are under the purview, of because it would have to say they can coexist if the use allows it to be that way, so i do not have anything that says anything on that, but i am sure you can answer that question. >> i have no information on

that. >> you gave me dates for the zoning in place in 2004, which to the best of my knowledge would have been service. it permitted the use, and you were grandfathered in, but entertainment is not permitted. it really does not matter at all. it was grandfathered in, so you can be fair.

-- there. the bottom line is they have the right to live there, and you have the right to have a club. >> thank you. any public comment regarding item number four? if you can just step up to the microphone and state your name please >> into the microphone

please. >> i put together something for you all, because i am such a lousy public speaker. it is just that from the time the problem started until now, and my intention is to establish a good quality of living for everyone. my intention is not just to shut down the club.

pretty much everything the commission has said -- i am really happy you have worked on it. i am really happy you have really looked into what is going on, and i am happy with you and everyone who has personally have a say in pointing us in the right direction, and it is pretty much the direction i think we are headed. i want to be able to get along with the neighbors in the building and out of the building. that is pretty much what have to say right now.

i could read what i gave you, but i think it is redundant. i think for us to get along, that is the direction we are going right now. i guess that is all i have to say right now. >> you have to address the commission, not the audience. i guess that is it for what i have to say right now. >> a point of information. you say they were open for 72 state hours. is that correct? >> on new year's. >> on new year's eve? >> it is in your pocket.

[bell] continue. >> i believe it is close to that. i am not positive, but as a resident, i was not against that. >> we just want to know if that is correct. >> right around that time. i do not know for sure. >> thank you. >> any more questions? >> any further comments. >> seeing that, public comments closed. >> have you had a neighborhood meeting with the adjacent building.

we do not have much of an office space at the nightclub. we use that in areas where our staff gets together. whenever they have a problem, we address it. we do have frequent connotations with two residences very close to us. one is across the street, and the people that reach out to us. >> were you open for 72 hours

on new year's eve? >> no. on new year's eve they should have to in opening and at 6:00 a.m.. >> do you do sound checks before you open your doors? >> we always do sound checks. >> so it is possible they heard the sound prior to your doors opening at 10:00 because you did a sound check? >> a sound check is really five minutes. >> but it is possible. >> not an hour. of >> my question is we're only hearing from one unit and one from the woman who moved into weeks ago, so if there was such a big issue, i am surprised

there are not more people who say, i have a problem with this club, so for me we do not have the capacity to get away of the land in terms of are actually saying. that is why i was asking so it please you give the opportunity for 100 units. saying this is serious, i would think there would be a revolt coming from the apartment building, so that is where my question is coming from. just something you may want to do as you come back. >> you would concur that you

have been in residence of the building next door, and you have heard that this one resident has been complaining. >> yes, i have. >> this is not he said, she said. >> i believe he is one of the building representatives, so he is being charged. he is here speaking for more than just himself. >> i think what is important to address is that this has been going on for months and months, and if your response is to control -- to consult with someone who produces larger speakers to make bigger noise, i'd think you have been blowing

smoke. you have not been addressing the problems that should be addressed. now we are looking at a two-week time limit in which something has to be done. you can engage commissioners us to advise about the sound problem, but you should have engaged them months ago as well. i really hope you can work this out. they think you have neighbors with good will who are willing to cut you a little slack, but there appears to be a history of blowing smoke, and now the time has come for you to put up or shut up theory dead >> i would like to move to continue this item to two weeks -- the

time has come for you to put up or shut up. >> i would like to move to continue this item in two weeks. that is my motion to continue this in two weeks at our next meeting with an update of what they have done. >> i would like to second that, but staff has indicated after two weeks they would like to use their prerogative to issue a seven-day suspension, which does not need to be approved by this commission. >> i just want an update. >> we will second the motion. [calling votes]

>> thank you. item number five, reviewing the possible actions included but not limited to good neighbor policy for 2,716th street. >> i should have color-coded these memos, but if you will find the one that indicates this, as a reminder, in the early morning hours of june 19, 2010, shots were fired at 16th street. officers responded to a fight in progress. five shots were fired.

any emergency suspension was placed on the entertainment permanent on june 19, and it expired on june 22. they voluntarily suspended entertainment beginning june 23. new information for the permit review, including security plan and updates to the question. the documents were e-mailed and 74 possible recommendation. -- and sent for possible recommendation. the balance of my memo is for

out on the field as well as years of seeing conditions on many permits, and we thought it might be a useful exercise for us to recommend some things that we thought could be enforced, but the police could also in force, and you could move from that point in to your discussion about how to handle this. in addition, we have attached the field laws. from mid june until the same time last year, i am happy to read the conditions, although you have it in front of you. that may be a better time --

better use of your time. i do believe the representatives from the venue -- they have someone representing them, and i do say mission statement as well, so i know they have information to add. >> do we have representatives who would like to speak? please state your name. >> good evening. >> my name is andrew kelly. >> there is something wrong with that microphone. just speaking to it. thank you.

>> i would like to offer our condolences. we sincerely regret the incident that occurred. this is of our concern, especially when an officer is injured in the line of duty, and let me assure you this reflects an reconstitutes the commitment to the safety as the highest priority. to that effect, we did voluntarily closed for an additional seven days, and they have not held any large entertainment event. i would like to point out there have been some issues. it is somewhat confusing, because it seems like they would implement its of the

entertainment commission. youit was the fourth permit ever insured by this commission. she has made her renewal payments annually. we would like you to recognize this and please note that it has been somewhat less clear in the past few weeks.

it is our understanding this has been due to a delayed response by the city attorney. we have submitted a new detailed security plan. we welcome your input. it is our goal to be a good neighbor and to provide safe entertainment for our neighbors, the staff, and the public. >> we are very happy to give you input. we are not going to write your business plan for you. i have a couple questions. do you think it is appropriate that people drink outside the confines of the venue? your client, is it appropriate for people to drink on the

street? >> no. >> so if somebody is not in your club, but they are walking by and drinking and standing in front of your club, but they were never a customer, what would you do? >> [inaudible] >> i just want you to know that he observed people drinking on the streets around the club on june 13. who makes the decision on what promoters you use? you make the decisions? >> this is the manager of the club. >> you make the decision on what promoters are used? you do understand as a permit holder that you are responsible for any decisions your agent or

employee makes for you? what criteria do you use to make those decisions? as the approving promoters at your club? what is your criteria? >> we are trying to get a reference check and have them bring at least three references to find out where they have worked before. >> you said you would try to do that, but you would actually do it? >> there might be some situations where a promoter we have already done business with will go ahead and sign them to a contract, but if we deal with new promoters we try to deal with as much as possible. >> you actually get information? >> we do.

>> and you follow up on that? >> yes. >> we have been doing that sounds every time we have an event. >> it also consists of a metal detector we are allowed to do any team and of the van. we have to be prepared so we do not run into a situation where not run into a situation where we have 21-year-old with 18 an