minute recess. >> at the last meeting, the applicant applied for a selective entertainment meeting on september 13 to at a small band or deejays to his sushi restaurant. that was the location of the late and great [unintelligible] there is a type 47 liquor

license on premises. the building has a 49 capacity. it opened every day for lunch and dinner. it is primarily a restaurant. again, planning indicates this is a permitted use of the ground floor. on november 23, when this came before you, as you may recall, this item was continued to give the applicant further time to do community outreach as well as work with sfpd to revise the conditions. i believe both of those things were accomplished. i am sorry. i am trying to find the file giving a list of -- here we go. signatures which i am happy to pass around. the applicant handed it to me this evening in support of

rocketfish. attached to this is a set of revised conditions. i believe the baby station permit officer is here if you have any -- i believe the bayview station permit officer is here if you have any questions, and his landlord as well. president newlin: if the applicant wants to come forward first? >> good evening, commissioners. questions? president newlin: not at the outset. >> what can a community of which did you do? >> i attended the patrol hill boosters committee. -- potrero hill boosters committee. there were concerns because they had known the previous tenant. i addressed them. that was pretty much it.

>> the list of signatures that are being passed around right now -- who is on that list? >> local residents. >> how did you go about acquiring the signatures? >> these for customers that were coming in. we walked around and asked if they would like something different there at rocketfish. >> any sense of whether the people on that list live in close proximity to rocketfish? >> yes. take a close look at the addresses. president newlin: are you satisfied with the application as it stands now? >> yes. i did forget to indicate that this was submitted -- a revised questionnaire as well. that is indicated in your package. i think the applicant may be was

clearer on some of the questions that the commission may have been less clear on. and with the revised conditions and the agreement by the applicant from the bay view -- bayview station, staff is satisfied. >> because i am new to the commission come a point of clarity. before we actually issued the poe, is there a final sign off and sound check? >> that is correct. >> we have a set of conditions before us, 12 conditions forwarded from bayview station yesterday. have you seen these conditions? >> i have. >> do you have a problem with any of them? >> i do not. >> some of these are repetitive to good neighbor policy

conditions we automatically put on your permit. nothing in the jumps out at me as very extreme. -- nothing really jumps out at me as very extreme. you have no problem if we adopted these conditions? >> no problem whatsoever. >> i am glad you went around your restaurant and got people to sign, because there are people -- your restaurant is on 18 and what? >> and connecticut. >> people who live on valencia's street, washington st., and clayton st. are not your neighbors. is that right? >> not directly. >> what is your occupancy? >> on that side of the -- i believe 80. >> hear you say under occupancy limitations -- here under

occupancy limitations, use a 49 on the lounge side. but when we offer you the permit, it is for the entire site. what is your occupancy? >> 80. >> further on during his security plan, it says you are going to have one security guard at the front door and all the other doors will be locked. >> locked from the inside. >> you did not say that. i just wanted to make sure you do not lock your doors. that is all i had to add. thank you. president newlin: you may be seated. is there any public comment about the place of entertainment

license for rocketfish? seeing none, do we have a motion? >> motion to approve. president newlin: we have a motion. >> second. >> speaking to the motion, i am assuming that includes the conditions from bayview station? >> that is correct. >> on a clarification -- commissioner cavellini: aye. commissioner benetti: aye. vice chair joseph: aye. commissioner meko: aye. commissioner perez: aye. president newlin: aye. thank you and good luck. item 7b. ley, dunan, benjamin, and miller, paul. >> these applicants applied for an extended hours permit on

november 12 to take over operations of the location previously operated as the triple crown and the octavia lounge. this is probably the third time this address has been before you in your lifetime. the applicants intend to operate this medium-sized restaurant and bar much the same as the previous operators. as the commission remember, they approved a place of entertainment for this location after much community input. after some investigation of the sf pd at that time, it was determined that noise disturbances coming from a nearby drug rehab facility -- they were allowing live bands to play without permits. that was the cause for the majority of the neighbors' concern at that time. this activity has long since ended. the commission approved that place of entertainment permit. six months later, they approved the extended hours premise permit.

there have been no further complaints regarding this operation. that is known to staff. the applicants have indicated they will not be using any promoters. they will be adding programming aimed at the gay community to the business plan. the planning department has indicated this is a continuation of a permitted use. there is no limit on hours of operation. what is called ntt3 zone area. southern station recommends approval of conditions attached to your memo, including allowing only 21 and older senseful food services not available. -- since all -- since full food- service is not available. president newlin: do any commissioners have questions of

ms. kane? >> a wanted to say one thing. i love the name furious ferret. that is all. [laughter] commissioner benetti: -- >> my name is mark renney. mr. blyman and mr. ley own successful restaurants and bars and after polk street -- in the outer polk street. mr. miller owns a successful gay bar called truck. i previously passed out to use some letters of support from people like the mission creek neighborhood association, aids emergency fund, the mission merchants association, etc. i will get right to the point --

neighborhood outrage. i have institutional memory. i remember there was hostility about the after hours permit that was granted to the triple crown a year and a half ago. i asked ms. kane if i could have copies of all the letters and correspondence in the file. it pretty much was about two- thirds positive and one third-. but there was quite a bunch of stuff. -- and one-third negative. i went and called everybody on the anti list to enlist their support, meeting with us and coming up with good neighbor policies so we could eliminate any problems that might have arisen. specifically, i spoke to the brady neighborhood groups, which is braun when bailey -- bronwen

bailey. i emailed lynn valencia, and the neighbors part of that campaign. she has not gone back to me. ms. bailey lives on part of this 101 valencia. i send e-mail to the family that had two children and lived at 63 haight st. i reached out to them and i have not gotten back to me yet. i left a couple of voice mail messages for tiffany liu, one of the people who was concerned before. she has not gotten back to us. we want to have a meeting with these neighborhood groups and with the people involved and worked it out. other than that, i think it is all in the application. this is right on the corner of

new octavia freeway that goes out and connect with -- connects with oakenfeld street. it is a fairly noisy corner. our clients are going to have a food operation. the have a successful operation. this is good to be similar, with inexpensive food and drinks and deejays. maybe there will be some drag shows, etc.. my clients will answer any questions. commissioner meko: mr. renny, i thank you. no one else supports the idea of pre-application as well as you do. every client or venue you bring before us has done some out reach. let me remind you that the pre- application process really

involves meetings with the neighbors prior to submitting the application. i think you know better than anybody the reasoning behind that is that you can learn things in your conversations with the neighbor that end up creating a better application. you can identify problems and structure your application in a way to avoid any conflicts. but i do not see a lot of opposition. you are wrong. i do not see much opposition here. so you have done something right. the problem with the crown was not a problem with after hours. it was just becoming loud toward the 9:00, 10:00 at night. i do not know if triple crown has solved that, but we are not here to judge their application. we are here to judge this one. among the conditions that are proposed by southern station,

number 11 -- whenever outside promoters are hired -- and i believe you said no outside promoters, or did i miss here? >> he said no. commissioner meko: we cannot require that of you. but no. 11, whenever a said promoters are hired, permit holders shall remain control of business operations, meaning managers, bartenders, cartel servers, and security personnel -- cocktail servers, and security personnel. to staff -- is this always the case or would this be a specific condition of this permit? >> is always the case. the sfpd try to reiterate and reeducate through this condition. commissioner meko: there is nothing contradictory in that condition? and you have no problem with that?

>> we have reviewed the december 1 letter from officer canyon and the captain. we have no problem with any of them. although we intend to only be open on friday and saturday night after hours, we would request that no conditions be placed in terms of that. if business allows it, we have the nights before federal holidays. if we can be a good neighbor and business allows it, we would like to remain open on other days. that is down the road. my other issue is number three, the recommendation from southern. whenever alcohol beverages are sold and consumed in conjunction with entertainment, and when full food service is not provided, the premises should be restricted to persons 21 and older. we will be happy to abide with this. however, this position is illegal. i have had a client charged with justice violation in the last six months.

-- with just this violation in the last six months. and he was trying to do the right thing, because this was a police recommendation. this is just a comment. it is our feeling without food 18 year olds are just a security problem and a management problem. president newlin: thank you. any other questions from the commission? >> just that you could continue to serve food, right? >> we could. >> that would solve the problem. you could serve food until 4:00 in the morning. >> we may quit serving food if it means we don't have to let 18 year olds in. >> just to make clear that you could. president newlin: go ahead and sit down unless somebody has something else to add. we will take public comment. i am sorry, officer.

>> good evening, commissioners. jake canyon, permit officer for southern station. southern station does recommend approval with the following conditions. one, permit holder shall comply with operating hours and procedures submitted in the application. 2, the permit holder shall maintain a tight 47 -- type 47 abc license. 3, when alcoholic beverages are served in conjunction with entertainment and folsom -- full food service is not provided, the premises show be restricted to persons 21 years and older. i understand there may be legal issues with that condition. i think that, you know, if there is a question about item three,

we could look into that and see what remedy we can come up with. number four, entertainment provided shall not be audible beyond the area under control of the permit holder. 5, permit holder shall provide sufficient security personnel to check patron ids to ensure 21 years or older for any person who is served, sold, or consumes any alcoholic beverage. the czech patron ids to ensure -- they check patronize these -- they checcheck patron ids to monitor. facilitate the safe and orderly conduct of patrons in line outside the club and inside the club. they shall abide by services and

municipal code section 1070. there will comply with san francisco health code section 10 and 9.22 -- 1099.22 (e) regarding smoking outside the door and watched from outside of nightclubs. the will of here to planning code section 803.5 -- they will adhere to planning code section 803.5d. there will establish a telephone line dedicated as a community hot line that will be promptly answered during operating hours for the purpose of fielding and acting on complaints by neighbors. 10, extended hours of operation limited to friday and saturday nights from 5:00 p.m. until 4:00 a.m.

i know the applicants have -- would like to have that item addressed. i would say, you know, if there is an event coming up like, you know, before a holiday that may occur on a thursday night, notify the station or notify the commission that they would like to go for that evening and have the extended hours. the would be granted. i do not see any problem with that. 11 is whenever outside promoters are hired permit holder shall retain control of business operations, including the managers, bartenders, cocktail servers, and security personnel. i understand for now that they do not plan on using and the promoters -- using any

promoters. that is good. 12, the permit holder shall comply with all conditions of the san francisco fire department and their occupancy restrictions. president newlin: thank you. commissioner meko: officer canyon, i realize this is a boiler plate set of conditions, but condition 8, permit holders show up here to san francisco planning code section 803.5g good neighbor policy -- that is out of date. this commission adopted those policies seven years ago and have since added substantially to them. i would appreciate it if you could update your set of conditions to refer to the good neighbor policy of the entertainment commission from this point on. because this is really out of date and not nearly as inclusive as what we currently have, which is automatically

attached to all permits. >> then i will get a hold of the updated information on the good neighbor policy. i do not believe i have one on file at southern station. if i can get a copy of depth -- president newlin: there is. commissioner meko: and it is available digitally on our website. vice chair joseph: officer canyon, with regard to condition 10, would you be willing to extend their extended hours to the sunday nights before holidays -- martin luther king, president's day, memorial day? that would hurt their competition if they could not have a sunday night before holidays. >> i would not try to restrict them. i think that southern station

should be notified. vice chair joseph: they could be notified, but i would like to add that in. i might make a motion on this. if i do, i would modify that motion to include sunday nights before holidays. would you have a problem with that? >> i would not have a problem with that. vice chair joseph: great. thank you. president newlin: thank you very much. public comment? does anybody from the public wish to address this application? come right up. >> good evening, commissioners. larry metzer. i am here to support the application for the rebel permit. i support the extended hours permit that is presently at the location. i am the licensee for that location. i have used it primarily as a

pull down. , which is what i mentioned in my application when i was originally here, so we were not forcing everyone out onto the street at 2:00. if you want to consider that as an amendment to their application, thank you. president newlin: thank you. >> good evening, commissioners. san francisco police department. vice chairman joseph, i want to add a comment. if you elect to make that amendment, i suggest you choose language we can enforce and maybe define the word "holiday" -- something like federal or state, are recognized by the city and county, or something along those lines so we do not get into an ambiguity. i am sure we could find every day of the year a holiday if we wanted. vice chair joseph: thank you for that advice. i appreciate that. president newlin: could you

speak to the legality regarding the service of food and once food service stops and patrons have to be over 21 years old? >> i appreciate were council is coming from, attorney renny. an abc type 47 license is open to the general public. that means it is unrestricted age premises. there have been examples where well intended clubs have attempted to restrict access and have had applications filed against them by the abc due to age discrimination. i think that is what the counselor is referring to. had this been a type 48 application, it would have been a moot point. i appreciate the intent of our station. i would say this. if the commission elected to

have this commission, that would certainly be significant mitigation in the extremely unlikely event that abc attempts to file an accusation if they understood the spirit was that when food is being consumed we recognize this is a mixed crowd and when food is no longer being consumed it is an expectation that people are 21 and older. briefly, in conclusion, what i would say is if the commission goes with this condition it would be extraordinarily difficult for abc to file a successful application given that we would have a more restrictive local restriction. in the alternative, there would be no basis by any governmental organization saying why you are restricting age. president newlin: thank you for that. i was surprised abc would file an action against people for restricting access. >> abc will never seek to a

surprise you, sir. -- fail to surprise you, sir. [laughter] president newlin: anymore public comment? seeing none, commissioners? vice chair joseph: i would like to move to approve with all the conditions and to modify police condition 10 to include extended hours of operations limited to friday and saturday night and any night before a holiday recognized by the city and county of san francisco. how is that? was that okay? would you say? that is my motion. >> this recognizes the have the ability to have extended hours

permits on the sundays before holidays if in fact they do not to buy central station. vice chair joseph: i will accept that. president newlin: do we have a second? >> i will second that. president newlin: thank you. commissioner cavellini: aye. commissioner benetti: aye. vice chair joseph: aye. commissioner meko: aye. commissioner perez: aye. president newlin: aye. moving right along. item 7c, giraudbit, emilio, dba club 222 at 22 hyde street, place of entertainment. >> i go first and then you go. commissioners, the applicant has commissioners, the applicant has applied for a place of