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tv   [untitled]    November 16, 2010 1:00pm-1:30pm PST

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9. so that's where that is and hopefully we'll find some time in between to do some education and give him some context so he can hit the ground running. and lastly, unfortunately, i have to report a corrective action on a permit on friday, october 8. there was an incident with a gun at cafe cocomo located at 650 indiana street. staff was able to effect a 72-hour emergency suspension of their entertainment permit on the afternoon of saturday, october 9. and the venue was unable to have entertainment for the remainder that have weekend. club ownership and management, as well as the event promoter from that october 8 event, came to the office on tuesday, october 12, met with staff to review the incident and agreed to new conditions that were submitted to them formally in
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the form of a director's order on wednesday, october 13. all information and copies of the order were sent to the sfpd command staff and bay view station and as of now they're in compliance with the list of additional safety conditions and i will take questions about that. i don't have any information on the incident per se. but i'm happy to take questions on awful my report or the order that we issued. vice chair joseph: i just have one question. the commissioner, does he have to be sworn before he can be seated? >> that is a good question. i don't know. president newlin: i don't think so. >> he's a board appointment so commission, so, commissioner meekow, were you sworn in as a board appointed -- do you remember? commissioner meko: not the second time. not on the reappointment.
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the entire commission was sworn by supervisor -- vice chair joseph: i was sworn in by lilly brown. commissioner meko: tony hall administered the oath at our first meetinging. >> tony hall? vice chair joseph: no. president newlin: we can get an answer from the city attorney. >> i will find out for you. vice chair joseph: to that end, if the mayor is not around, who usually swears, i think any one of the supervisors can swear him in. we should make sure that that occurs. >> we will do our best to get an answer and do our best to have the commissioner seated by the -- before the next meeting, if we're able to. president newlin: any other questions? seeing none. inspector granelli.
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>> good evening, commissioners. if you turny your binders, you'll see my report. i'll recap it with you. initially there has been two changes. one a new manager has taken charge again of the venue, both acting the director and myself have talked to this new manager in the last week and pretty much told him the current situation that the space sits in. unfortunately also there's a typo there that says will, it should be wall. the venue opened a wall in the back of their space, thus increasing their floor space and their capacity. we're awaiting a little bit more information on that from the fire department, if that was actually done legally or if they can just do that. but as far as we know, currently, it's legal. i bring this up that we've had some problems with this space in the past and that with the larger floor space and the higher capacity it doesn't
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reassure us that we're not going to see problems again in the future. however there is a new manager. he is doing everything that we have asked and the police department has asked currently. so we're just continuing to watch that situation and keep that channel of communication open. we have continued to do sound checks at manner west. they've been before this commission before on the sound compliance. we have not found them out of compliance so this will be the last time you hear me mention it in front of an open commission unless there is a problem. we've done our diligence and continued to test and monitor the situation and we have yet to find them out of sound compliance. club suede, on october 20, the club suede case had been settled by the city attorney. the ownership -- owners of the club are permanently -- i put
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this in that that case is finally, totally and completely closed. so there's no outstanding issues with suede. it is done. that case is permanently -- that case is closed. but i would like to say thank you to city attorney illinois cannon who put in a tremendous -- jill cannon who put in a tremendous amount of work and effort on this particular case. we are continuing to work with the planning department and now the health department has also joined in on the continuing problems with trigger. we do not have a resolution currently. we've been in contact with both of those departments, they're kind of proceeding on their own path to discipline or disciplinary action. once those items have moved a little bit further down the road, we'll report on them here.
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1015rks the club has brought in a new security team. this is important. normally we don't talk about something like this, but we deem this important. 1015 was one of the biggest venues in the city, it's one of the last event nuste the city that actually use -- venues in the city that use an in-house security team which they no longer do. they've brought in an outside security team. they've taken over in the last two weeks. i've met with the owner that have new security company and we'll be getting a revised and new 1015 security plan. and why that is important, it will be the first revised new security plan from 1015 in probably about 15 or 20 years. number six, i'd just like to say, go giants. and number seven, the music festival went very well. we had no major sound problems. i was able to monitor to the sounds on both saturday and sunday.
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interestingly the sound was technically louder than the oracle event in certain parts of the residence of the island yet we received no complaints. maybe people like the music better. not sure. but again the event overall, i'm not sure what if any of the commissioners were able to attend this event. it was a very well planned event. it was very well run. it's a very nice event in that it's got a great balance of not only music and entertainment but they also have a lot of shops and food. overall it's a great -- and a farris wheel, of course. it's a great event, it's been put together well and it's nice that we've had a few years with no major problems. the sfpd sergeant on hand who had worked it every year when i was talking to him said that he was proud of the fact that every year it's gotten better. better organized and better run. some of the current incidents or venues we're looking at, 22 high, the seller, golden boy
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pizza and jay's gallerya. those are things on our plate that we're looking into. we have given no notice of the violation recently. since the last meeting. there is a new section that you'll see now called e.c. administrative citations. bar on church or b.o.c., badlands on 18th street and lime on market street all received administrative citations. b.o.c. for sound and in violation of the good neighborhood policy. badlands for sound. and lime for sound and also the good neighborhood policy and security. being as they didn't have any. each one of these particular venues we've warned in the past have received notices of violation. this is not a thunder bolt from the sky out of nowhere, hey, i don't know what you're talking about. each one of these venues has been warned repeatedly in the past. so in that way the process that
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the e.c. staff, that we have created in working throughout first there being some warning before we cite has been in place and it's working. we will continue on that path. on the incident list you'll see for the minor list, i won't recap every incident but hustler club, murphy's bar, elephant and castle bar, i have no idea how to pronounce that. anyway. it only came to us because it actually was the bubble lounge next door that called in the incident and was able to get a police response. so it was nonentertainment related but it was a club that was being a good neighbor to its area and was able to stop a crime from proceeding and bring in police to address the issue. the particler, show girls, another incident on broadway and kearney which is not really
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surprising. it's a busy intersection. and gino. on the major list, incident list, we had an incident at little darlings of a robbery. basically someone distribute night deposit's being robbed. atmosphere, we had a fight. cocomo's we had aggravated assault with a gun. we also had an aggravated assault. at center fold we had an aggravated assault with a knife. in swig we had a suspicious act to a female. a woman had been drugged and possibly raped which is very rare. contrary to what people often think, oh, it happens all the time, it actually doesn't happen all the time. so when an incident like that does occur, we try to report it just that it's a rare occurrence. and if there are any questions, i'm here. vice chair joseph: i have some
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quickies for you. how many doors do they have? >> two. two in the -- one in the front and one in the rear. vice chair joseph: so even though they made their floor space bigger, they only have two doors. why would their occupancy change? >> if they applied for a change of occupancy with the fire department, which is a possibility, they could increase their size and occupancy. vice chair joseph: ok, great. do you know the name of the security company at 1015? >> i believe it is ground control security. vice chair joseph: ground control to major tom. ok. and then, my last question is, on the citations, who collects them? how do we enforce their collection? do we know if they're outstanding, if they're never paid? what is the ramifications of all of that? >> so, when a citation is issued, the person who receives the vietation has exactly 30 days to pay it.
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-- citations has exactly 30 days to pay it. the citation process is in the hands of the controller's office. they have two options. they can either appeal the citation or pay it. if they appeal it, that goes through the controller's office hearing process. appeals and hearing process. we actually have nothing to do with that except that i will probably be called to testify. outside that have, if they pay it, that's that. if they do not pay after 30 days the controller's office then will start assigning penalties for nonpayment. and they handle that entire process internally. they will then keep us updated on what's happening. so we've just established our relationship and contact with the controller's office and they're excited about this process. in fact, they invited myself to come to a meeting between our department and several other departments that have just started issuing citations as well. to kind of meet, talk and -- so
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we can work a little bit more fluidly of all of these departments together with them. vice chair joseph: and are you tracking them yourself, whether the citations have been cleared, not just money but if they've corrected whatever you cited them for? >> absolutely. vice chair joseph: and last, do we permit little darlings? do we permit center fold's? -- certainty folds? >> center folds i believe we do permit. some of the strip clubs we do. center folds i'm pretty sure we do. little darlings i'd have to double check. what? >> i thought we didn't do any adult entertainment. >> we do. >> if there is liquor served or food and beverages, it's usually a liquor license on premise there would be a permit -- premise, there would be a permit. if there isn't then we wouldn't have a permit. >> i don't believe little darlings is permitted by us but
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the people who own them own a few other spots as well. why i've put it in my report is that night deposits being robbed in the street, it's an issue. they're hitting a strip club now, we're not sure what they'll hit tomorrow. vice chair joseph: thank you. president newlin: any other commissioners? commissioner meko: mr. granelli, you've been with the commission for how many years? >> five? six. a long time. commissioner meko: at least five. >> probably six. commissioner meko: how does it feel to finally be able to issue a citation for failure to adhere to the good neighbor policy? >> it feels shockingly good, sir. commissioner meko: good neighbor policy now has teeth. >> correct. as shown, we just issued two citations over it. so, yeah. commissioner meko: thank you. president newlin: ok. no further questions. any public comment on the
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reports? >> good evening, commissioners. jeremy paul. just wanted to make a comment on behalf of trigger. they've had sound problems and have made major changes to their sound systems repeatedly. they've had complaining -- complaints from a single party across the street about sound and have made a lot of modifications that i think have been reflected in vaj's report. however there is a smoking area in front of the -- at the front of the club that's open to the sidewalk. poses a unique problem for the club and poses a unique problem for the city, to the neighborhood commercial district and for the industry. is it better off to have people confined within a space that's part of the business in a
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potential sound source that can't easily be controlled? or would we rather have people leave the club, wander the block to smoke, make whatever noise they want out there in a fully uncontrolled environment and then come back to the club or maybe wander elsewhere? i think that this is somewhat of an intractable situation. they have put in sound baffling, they followed every recommendation to try to deal with it. but the ins dents of sound reports -- but the incidents of sound romps have come way down. the source of the sound reports is very localized and it really is the kind of thing that when a complaint call comes into the club, they can tighten up on the security and make sure someone is stationed there and keep people from making noise, getting rowdy, being loud. but it's a moving target. it's always going to be a
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problem. and unless the city really wants to take on this question of, do we want to push the smokers out and send them out into the neighborhood, out into the neighborhood commercial district, where there won't be a security person to come say, hey, you have to keep it down, you're being too loud, or do we want to have them stay confined, stay in the controlled place? because there's really nothing to trig -- that trigger can do to tighten this up any further them. keep their security stationed there. but it's a tough problem to solve. thank you. president newlin: thank you. ok. item number four. update from the ad hoc committee regarding promotion legislation. is this an action item? commissioner meko: the update would be from me since i am the ad hoc committee. we somehow included acting
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director as a fellow member of the ad hoc committee, so that i wouldn't be just talking to myself. and we did have a hearing about a week ago with a representative from board of supervisors, david chu, and several members of the public. i think the most interesting information that came out of the meeting was that this legislation, while it is being pushed by the mayor's office and supervisor chu's office because of the incident that occurred near union square in which a tourist was unfortunately killed with an event -- as an event exited, that the legislation would only
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apply to venues with place of entertainment permit, which was not the case in the union square incident, and that therefore this legislation would not have prevented the kind of incident that led the mayor's office and supervisor chu to introduce the legislation in the first place. we will have one more hearing scheduled on this, time and date to be determined in the next couple of days. moran of -- more of an opportunity for the neighborhoods to weigh in on this. at this point there's no action that i would ask of you. i'd ask that you just continue -- discontinue this item. president newlin: thank you and thank you for having the meeting and any public comment had? -- comment?
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>> [inaudible]. >> could you please speak into the microphone and state your name. >> i'm holly trees and i'm a member of the public. i was president at the september meeting, just found out about this proposed legislation and i was wondering, aside from what you had just mentioned in terms of preventing the type of incident that happened over the summer, what has there been in terms of any study as far as the budgetary concerns that the legislation may pose for stet in terms of enforcement, registration fees, etc.? commissioner meko: there are no prejudice administration fees required by the lenl -- there are no registration fees required by the administration. it's an informal process whereby anyone goes online and fills in an online form. in terms of enforcement, i
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think it would fall under the regular duties of our sound inspector, mr. granelli, to, if there's an incident involving a promoter, to simply contact the club and make sure that the promoter has registered. beyond that i would encourage you to find out when the next meeting of this ad hoc committee is and ask the questions. we'll try to have a representative from the supervisor's office present again. >> thank you. president newlin: thank you. i recommend that you seriously look into getting them to put, as we saw with the citing for the good neighbor policy, to put some teeth into this legislation as well so that if they're thear not complying with the requirements, that the club and the promoter can be cited. i think that would be something that we would strive for.
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ok. item number five. update from the ad hoc committee regarding permit conditions relating to security proposed by the san francisco police department for all entertainment permits. you want to report on that? >> yes. we had a meeting today at 4:00. it was attended by seven or eight different club representatives. vice chair joseph: it was continued. we're going to have another meeting. there are things that need to be discussed. it needs to be fine-tuned. so there's no real report. only that we're going to have another meeting and work out, there's a lot of conditions here, and work these out, and we're waiting for a report from the city attorney on the legalities of some of the issues. that concludes my report. president newlin: thank you. any can public comment or questions from the commission? seeing none, item number six.
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hearing and possible action regarding applications for permits under the jurisdiction of the entertainment commission. item a, caponi, regan, fillmore street, a place of entertainment. >> this applicant applied for a place of entertainment permit on april 24 to permit entertainment at the comet club. mr. caponi was required at his location to complete a conditional use authorization and his conditions of approval are attached to this memo dated september 16 of this year. i just highlighted some relevant conditions for your consideration. although -- not consideration, for your reference, really, as you know, all of the conditions automatically get put into our
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place of entertainment permit. so just for the sake of discussion, there is an allowance for entertainment from 6:00 p.m. until midnight, sunday through thursday, and 2:00 p.m. until 2:00 a.m. on fridays and saturdays. in addition there is a condition not allowing patrons access to the rear patio. there is a condition, one i've not seen before, that says that outdoor tables and chairs may not remain on the sidewalk in the front during entertainment. and that after a six-month period from the date of the document the applicant may submit an application to planning to modify the conditions to allow him to have entertainment until 2:00 a.m. on thursdays additionally. northern station recommended
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approval with additional conditions that i've also attached. please note the conditions allowing entertainment -- the condition allowing entertainment only until 1:30 from northern station. this is a regular condition from them. it's more restrictive than the c.u. conditions and it's in front of you for your consideration. the applicant also submitted letters of report with his application, notably from the union street association and the union street enrichment association. the other thing i did want to point out was that the planning department has indicated that the applicant is in the midst of completing a building permit application that is relevant to the second and third-floor uses. i don't believe those are entertainment uses, so they're not really something you need to concern yourself with, but they are asking staff that we not issue the final permit
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until or unless that building permit process is considered complete. vice chair joseph: who's asking that? >> the planning department. i didn't mean to confuse you. it's not that complicated. but you may issue a conditional grant, i just wanted to be clear with you that there's an outstanding building permit. your conditional grant should be conditioned on the completion of that as well as any other conditions that you might want to impose. vice chair joseph: i'm sorry. forgive me, but why would we consider a building permit that has nothing to do with the place of entertain snment >> because the planning department asked that we do that. commissioner meko: because the planning department considers it related to the conditional use approval which must be in place before we can take any action on the place of entertainment approval.
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vice chair joseph: is that odd? do they always do that? >> they often try to get -- all departments will do that, to try to use other departments to make sure that everything that needs to get done gets done. meek t's crossed and i's -- commissioner meko: t's crossed and i's dotted. >> that's it. staff is asking approval inclusive of the conditions as well as the one that i just confused you about. vice chair joseph: ok, got it. president newlin: anybody here from the club -- anybody here from the club? >> good evening, commissioners. jeremy paul on behalf of regan caponi and the comet club. reagan has owned the comet club since the mid 1990's and he also has an entertainment license for club on the haig called milk. both of these clubs are very
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well run and have no police problems and are well-liked in the communities. it's very important to note that there are no changes proposed for the comet club. there has been amplified sound since at least the 1970's. there has been a long record of this location being a disco tech under various names which i won't bore you with, but they really speak to the times. that they were hope -- open. and the current situation, the current conditional use, arose from a complaint from a new tenant owner who doesn't live there, who is an owner of an apartment in the adjacent prorlt. they started -- property. they started the planning complaint which led to the request for the conditional use. we sought the conditional use. this person who had complained
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did not boggetter to show up at the planning commission hearing. the planning commission granted the conditional use. they wanted to -- because there was new interest in the neighborhood as a result of this notification that went out with the conditional use, they did get some comments from the neighborhood that were reflective of an opinion that something was going to change. that there was going to be an increase of intensity of use, there would be a new amplified sound system, that's not the case. it's an existing sound system. within the past year it's been modified and upgraded, working with c.m. salter, to make sure that there are no problems related to it but there is no increase in the sound output or in the activity. there was a request with the conditional use authorization for us to have live comedy shows earlier in the evening. which was approved. but that wou