the hours that when we talked to the officer that i was comfortable with. however, we don't want to be limited to that because the competition around -- down the street is open until 2:00. they have anent at the same time license. -- they have an entertainment license. and goes until 2:00. we don't want any competitive disadvantage if possible. there's another condition regarding security. and since our venue is very small, and we're really looking at like a tourist or something accompanying music to people that are dining, we're not selling tickets, there's no promotions going on outside of that, we might have a d.j. again for a company, -- to accompany music during dinner. but we will not be having lines outside and i'm totally in agreement with that. but the security guard would probably -- more money than we would generate. during the event. so these are the -- these are

the conditions. and the menu items, the restaurant -- operating a restaurant is very expensive and we have a full sushi menu to carry this on all the way through midnight, 1:00 or whenever, is extremely expensive. i would suggest a limited happy hour menu, something we could have one employee do in the kitchen. and if that would be reasonable with you. outside of that. >> yeah. i'm the building owner. and i wanted to shed some light on these issues. you know, the lingba lounge went bankrupt. the sale was approved by the bankruptcy court. and the sale was basically grandfathered all the permits and licenses essentially in. because they were submitted to

it. the police department had never indicated to us, none of us have ever heard of any restrictions that they have put in, any conditions. in fact, when the license came back from the a.b.c., there were no conditions placed on the license at all. tonight, for the first time, we heard from the officer that he had put conditions in. and those conditions were never ever shown to us before. so the question now is, as you know, the bar in that location has been -- or a bar in that location has been in existence since 1938. and without interruption. it has always operated until 2:00 a.m. as is blooms down the street. the officer now tells me that he had put restrictions on bars to close at midnight. that's news to us. if that happened, there is some real serious problems here.

because a man bought a business with certain licenses that were given to him by the a.b.c. and now the police tells us that restrictions that nobody has ever seen. >> you have to speak into the microphone. >> you shouldn't be talking back. >> can you -- can you hear me now? so we have to go to see the chief of bayview and find out when did all this happen? i mean, due process says that if the police is going to give you any kind of condition, you got to be notified before you put your check in to buy a business. but now he tells me that he has put in -- >> sir -- >> conditions that aren't there. now, the man signed a lease. the lease specified his obligations to operate the business in a certain way, the way it was operated previously. now he's being told that that is not exactly what he has. and now they want to resubmit this again as a midnight. closing. now, the previous bars also had

very lemented menu. it has always been a restaurant. it was a mexican restaurant and then it was seafood and then it was tanya and sali, a thai food and now sushi. and there was never a requirement that the restaurant stay open until 2:00 a.m. >> ok. we've got that. you want to get the police department up here first? >> commissioner joseph, hang on one second. you want to speak but if we do this in an orderly fashion, i think we'll get through this and be clear about what is in front of the commission tonight and what is issues related to the police and the a.b.c. and so it would be i think probably the best for now if you -- if the applicants don't have any further information to present, that we allow officer dalton to come to the microphone and then -- it's unlikely. because this is not really a debate.

the commission at this point has the ability to do a variety of things. and so they will discuss that. and if they have any questions for you, they'll ask you back up to the microphone. but that's pretty much the way we keep order. >> if i may. i think there's a discrepancy. i didn't hear the officer say we were going to be open until midnight only. >> so for clarity purposes, the conditions you're looking at here are conditions related to your entertainment permit. these are under consideration right now. the commission is the body that will either impose these or not. these are the police department's recommendations to the commission. and this is for your entertainment only. this does not require or impose closure to your business in any way. this is related only to the addition of the entertainment.

so does that make sense? >> it does. thank you. >> ok. >> very well done. >> i think what also needs to be said, you need to be aware that if this is all -- excuse me -- coming too sudden and you aren't prepared for this, you can always request a continuance. >> thank you, commissioner meko. commissioner meko: you do have the right to request a continuance to put this off to another meeting. >> ok. that's fine. we would ask officer dalton to come forward and discuss the proposed amendments by the bayview station. >> good evening, commissioners. officer dalton, bayview station. going back on the a.b.c. issue, i met with mr. rodriguez prior to him opening up the

restaurant. we discussed his business plan. we talked about conditions that would be imposed. i sent my recommendation to our a.l.u. unit, they sent them off to a.b.c. and whether they're aware of them i don't know. i don't know what the process is for an applicant after i get done meeting with them. that being said, i met with marco or mr. rodriguez again. the -- last week i believe it was. discussed similar conditions that would be -- i would be imposing. one of them would be the hours of entertainment. and this is the hours of his operation were straight from his mouth. he wants to be open from -- he told me from 5:00 to midnight. wednesday through i think either saturday or sunday. i made it from 11:00 a.m. to midnight seven days a week. there was a discussion about the security guard. his occupancy, mr. rodriguez told me, was 70 people.

i requested for one security guard. that's it. he is advertising this as a place for d.j.'s and entertainment. and i found a flier at the coffee shop that's been advertised in the bay guardian. this is in line with exactly what he wants to do. or what he told me. >> any questions for the officer? yes. >> could you describe the neighborhood as -- is this heavily residential? >> i would describe it as mostly a mixed use type area. a lot of ground floor businesses for a couple blocks with residents above them. >> so what i'm wondering is why you would impose a requirement that there be no line waiting outside? >> because there are people

that live there. >> but it's a mixed use type neighborhood. >> it would be one -- one of neighborhood. >> this is a classic city neighborhood. >> these are single-family home, flats, what have you. >> ok, there are other clubs. can they have a line outside? >> i don't know any of the other businesses that are there. there are businesses that are down the block which is a bar.

and the other restaurants that are there that have some dining. some of these are in close and these have been placed on some businesses. >> i don't recall us putting a condition on any thing you up until now. we have put conditions on how this is to be managed. this is a first time for me, i think. >> this is the first entertainment permit i have dealt with for the neighborhood. >> i have a question regarding the powers of entertainment. i heard you say that the restriction and said midnight because that is what you thought the plan was. >> if in fact that he told you

that his business plan is to stay open until 2:00 a.m., would you object? >> i will have to ask more questions. >> his application said 12, i believe. >> my reading is it says that entertainment is there as well. >> i don't have the particular applications. >> i will ask questions regarding the proposed entertainment but i want to make sure that the initial communication was based upon this. if he would like to stay open until 2:00 a.m., do you object? >> at this time, yes. >> i want to address a couple of things in the application. as far as grandfathered, there's

no such thing as an entertainment permit that is grandfather. they must be applied for by every person and we are the entertainment commission. the conditions on his lease, this is not our problem. this is something that you take up with your landlord, what ever you were due diligence should have been. i have a couple of things that i wanted to say. i believe that you have to have food available as long as you search of a halt, is that correct? >> yes. >> if you are serving alcohol after midnight, you have to have food. this is not something that we can deal with here. i'd do disagree with no line

outside. i waited for a seat at the chinese restaurant. you cannot have a cooper of people waiting to take that table. that is not friendly to business. >> i am wondering what happens at 11:30. it seems that most people are most likely to be there until 9:00 or 10:00 tonight. >> the code says that you need one security guard for every 100 people tend to know if you want to entertainment, you have to have a security guard.

it does not matter if you are a nice person with a great restaurant, you have to have security. if you feel that would not be advantageous, that is your choice. >> the line of sight of the club was not an issue for you? >> did i understand that? >> with all due respect to the officer, i think that this is a very difficult job and i appreciate all of the work that the officers to.

there is a place down the street which has a full dance -- bands. basically, we want the same -- >> we just want to clarify and keep it. >> we don't want any restrictions to you have any objections? -- we just don't want any restrictions. >> do you have any objections? >> you have no objections to item 5. >> thank you. >> i have a question. >> regarding the efforts you have made, i know your

application says that you spoke to people from the merchants association. i am actually a business owner. we has a line outside and we are open until 2:00. so, who have you spoken to? >> i have not spoken to anyone directly. >> do you know any of your neighbors? >> not directly. >> i was concerned because if you have an entertainment license, they took their

property seriously. i'm relatively new to the commission. when you apply for a place of entertainment license in a mixed use neighborhood, you are really entering into a partnership with your neighbors. if we grant you a license and your neighbors are not on board with the type of businesses that you will run, there will be no rest for you for the neighbors. i don't see any thing that tells me that you have addressed that issue besides some outreach. i know that there is a very active group on the hill. have you spoken to anyone? >> no, i have not. >> i think that you should. you should also give me greater assurance that your neighbors

are ok with you running the business. they have brought something into the conversation to do this would be approval from the neighbors, maybe having a neighbor showing up to testify on your behalf. i would like to see more. i am not against -- i'm not against the staying up till 2:00 a.m. if you want to buy you need to shimmy that you will be able to manage the line, manage your business, and i am not confident that you have done everything you could.

>> let me follow up with that. we have had many cases where people go when to apply for a place of entertainment permit that are reasonable. there are members of the kennedy that have come in and made demands. i think what the commissioner has said is excellent and you might want to consider doing an aggressive outreach to the community and do this on a positive note and we will evaluate that at a later date. maybe it will be an opportunity to get together and go over the hours and the other requirements that you might like the challenge. >> when would this happen again? when would be the next meeting? >> this would be december 14th.

>> we have heard what you had to offer. if you want to keep the process moving, we can represent the issue. >> we don't have an issue. >> your security plan needs to be revised well and updated. it asks if you will be hiring any officer. do you know with these kind of officer is? >> no, i do not. >> these have to be filled out

truthfully and with soft. i believe that we will have to revise your security plan as well. if you would use an outside company, we would like to know who they are. i live as you to have a better and more comprehensive plan. i understand you are a restaurant and you think you don't need one but in order to get one of our parents, you do. -- one of our permits, you do. >> you have issues with the hours of entertainment.

can't -- will you have a deejay on the premises providing entertainment seven days a week? is this something you would rather focus of around on the weekend? the reason i'm asking is what officer dalton is trying to say. if there is a concern that the one not have to have a security guard until 8:00 at night, is this something that you want to address the ruefully have a security guard here from 11:00 a.m. until midnight? these kinds of things i feel need to be addressed if the bit so we can focus on what has to be handled >> i don't remember

the hours. >> our is that in a timid can be offered. >> i don't recall that. -- howell is that entertainment can be offered. >> i took the 11:00 a.m.. i believe that he said originally from 5:00 until midnight. the call for me was to this with the original plan.

>> the ego. >> we have a big picture point. before you file an application, you are given an outline and explain to you how you can do some out reach to your neighbors. this is useful to your neighbors to find out what you're doing and this is useful to you as to what your concerns might be. the problem is that the city attorney does not allow us to require this right now.

>> this is a requirement. you did not fill this out. in your application, you do say your hours monday through sunday, a 11:30 a.m. until 2:00. then you also say it small bands, minimum possible levels, it deejays, no other licensees. >> we don't have any

soundproofing. >> we understand that you will be required to contain your sound. this will not be able to be audible in any neighboring homes or businesses. >> are there any other questions? thank you very much. in the public comment? -- any public comment? do we need to vote on this? >> i move that based on the applicant's request that we grant a continuance to the next meeting, december 14th when the

applicant will bring and provide security plan. >> i second that. >> we have to call the roll. >> aye. >> aye. >> aye/ >> aye. >> item number8, commissioner's comments and questions. >> happy thanksgiving to you. >> i have comments over on this side. >> you must have difficulty

looking this way. >> thank you. you have missed me. i just wanted to mention again the request that we agenda it is a closed session for consideration of establishing a process to select a new director. this is explained in the city charter. this is not a decision to be made by the mayor's office and this is not a decision to be made by the president of this commission, this is to be established by the commission itself. it does require being put on the agenda. that is within the rights of

this commission. until this is agenda eyes, we cannot begin the process. -- until this is on the agenda, we cannot begin the process we want to make sure that the position is legally posted, a proper amount of time goes by, then it is up to this commission to select three nominees. she can choose among those three if she is not pleased with the selections. it is up to us and then we can look at other nominees. we have to get the ball rolling the matter who is the mayor. we should agenda it is