that have taken place in the period leading up to this hearing and we've had no complaints or concerns from those events. i'll also remind you that events, spaces and venues within hotels have their own sound meters, if you will, in the form of guests and patrons inside the hotel so that leads staff at least to a better place of comfort in a certain respect that these are going to be responsible operators. so we've got management. we've got ownership and someone i don't know here to answer your questions. >> congratulations, jocelyn, on the appointment, and the other gentleman down here. >> can you speak? president newlin: could you turn that up? >> the gentleman here at the very end is the gentleman that would be responsible moving forward in the future for

arranging for all of our musical acts. he's a long-time musician here in the bay area, bart davenport. and then, of course, the owner, mr. greg peck, one of the owners of the property and the owner of the management firm. so the application tilt has been submitted, including our security plan. vice chair joseph: excuse me, i'm sorry. the feedback was that mic. you may lower it one level. sorry. it's driving me crazy. >> how's that? vice chair joseph: sorry. forgive me. >> so, the burrit room itself has been open for about seven months now and as indicated in the application, it's open seven nights a week. we traditionally keep an ipod playlist of soul, blues, jazz, light or classic rock, and the

idea moving forward in the future is to be able to kind of book acts similarly along those lines to keep maybe a live pianist here and there, acoustic guitar, very light jazz bands, or occasionally to bring in ae

sound doesn't really seep into the street. you have about 200 feet, all of the room in the front of the hotel, above stockton street and on either side of us it's really commercial uses so they're obviously not really occupied at night so as a practical matter, the only people -- the main people we have to concern ourselves with are our guests above the room and that's something we have to manage and if there's ever an event that might be loud, we try to keep our guests higher in the building. if we happen to be 100% occupied, we let them know. it hasn't been that loud. it's a 100-year-old business. so fortunately the sound doesn't travel through the building that much.

unfortunately, it does go out the window but given the music we're playing, it doesn't appear to be an issue. and importantly, we don't plan to do this every night. vice chair joseph: can you tell me, you're at 417 stockton. what is the stock street? >> sutter. it's not on the corner, though, it's mid block. vice chair joseph: how many rooms do you have? >> 79 rooms. vice chair joseph: that's sizable. item number 3 in the police department recommendations is loitering is prohibited on any sidewalks or property adjacent to the premises under the control of the permittee. what do you do for smoking? >> smoking does take place immediately in front of our building. vice chair joseph: o.k. so, and do you have it sectioned off or do people stand -- i mean, how do you control that? >> we could certainly arrange for sectioning off but as has been the history, with the bar,

irregardless of the live music, the bar has been open for seven months and people have kept themselves confined to immediately in front of the building. vice chair joseph: item number 8 in the police conditions is saying, for the application we recommend this room will be used no more than twice a week on either friday or saturday nights between the hours of 9:00 p.m. and 1:00. >> that was actually a point i was hoping to bring to a possible amendment. the quote there, that they're quoting, was based on initial description, just based on the concept was of course to do live music on the weekends and again, as mr. peck had mentioned, there is no intent in hosting live venues seven nights a week. however, i would like to have the portion of the line either friday or saturday night amended from that. i'm happy with the rest of the condition there. i don't think that any of us have any intention of doing more

than two nights in a week but we're -- were a special occasion to occur on a wednesday or thursday, i would like the possibility of. vice chair joseph: so to continue with my question, it says either friday or saturday nights on holiday weekends, martin luther king, president's dierckxs day, whatever, do you want to do a sunday night if it's a major holiday? >> i would like the opportunity if possible. >> vice chair joseph: if we issue an entertainment permit to you without a condition as to days of the week, you would be able to operate seven days a week. that would be the nature of your permit whether you chose to or not. do you understand that? >> we do. i think all we're saying is two times a week, capped at that is fine, but having the flexibility of any night would be preferable. it's our expectation it probably would be friday or saturday, maybe thursday.

it's hard to know for sure that there wouldn't be occasions when -- vice chair joseph: is this room sound-proofed? is there sound-proofing? you said it was an old building. is the room sound-proofed? you said there are windows. are they double paned? >> we haven't added sound proofing. the windows are double paned. >> being on the second floor, the sound does not carry out on to stockton street and we have done tests on, through either of the entrances and there has not been sound escaping the building that would impede on the neighbors. vice chair joseph: what have you used to do your test with. i want to be sure we're really clear here. do you use a sound meter? >> no, we have not. vice chair joseph: how did you test it? >> just by personal inspection. vice chair joseph: so sound travels and it travels through walls and it travels through buildings and you didn't use a

proper device to test it so your test is inadequate and our guy will test your sound for sure. o.k., that's all of my questions >> what kind of sound equipment or speakers do you plan to use for your venue? >> we have two jbl-85 that service mains. they're basically around a 10-inch main-style speaker. one jbl-100 self-powered subwoofer, two small barges that are used as monitors on stage and a 16-band alesi amp. it's not rock concert material. >> are these the equipment you already have that you use for your one-time entertainment event? >> they were the equipment that we used for that event.

>> are you planning to upgrade at all? >> it's been my experience that the equipment was adequate for the event. vice chair joseph: just for clarification, commissioner perez, those speakers are like d.j. monitor speakers? >> that's correct. president newlin: commissioner meko? commissioner meko: there are any residences adjacent to the hotel or is it all commercial? >> . >> around the immediate adjoining block is commercial along stockton and sutter. commissioner meko: are there no residences adjacent to the hotel? >> not to my understanding. >> there's an apartment building behind us on burrit alley. commissioner meko: people's houses, apartments, s.r.o. rooms, anything where people live on a permanent building. >> those buildings reside on bush with no adjoining walls. all of our adjoining walls are

either on stockton or sutter. commissioner meko: o.k. and where was your application posted? >> it was posted on stockton, immediately on street level. commissioner meko: at the main entrance? >> that's correct. commissioner meko: so it was posted in a place that would be readily visible to any residents of the neighborhood? >> yes, sir. commissioner meko: did you get the handout that the entertainment commission provides regarding neighborhood outreach? >> yes, sir. commissioner meko: did you read the recommendations that it would be a good idea to invite residents in the area to a meeting? and did such a meeting take place? >> no, sir, it did not. i just spoke with the adjoining businesses. commissioner meko: that's sort of selective to just reach out to the commercial properties that are not open and not, you know, subject to, you know, the

nuisances that could result from this. so we're lacking an important piece of information as to what the neighbors think about this. >> i will certainly acknowledge that. i do think that the noifs notice was very clearly posted and we did have a few events that would serve as trials without any complaints coming either to the property or the entertainment commission. commissioner meko: but you chose to disregard the recommendations that you should have some more neighborhood outreach. >> the recommendation to send letters? we contacted all the businesses in our vicinity. i don't know that we have the addresses. commissioner meko: i just read this. this is a handout that you get from the entertainment commission when you go in to get

your paper work to apply for a permit. it's called the preapplication process. and it's got some recommendations as to what you should do prior to filing your application because the benefit of this is that if you go through this process, you may learn things that can inform the way you -- you plan your business model, but if you don't go through that process, you don't know. >> we'd be happy to have outreach meetings going forward. >> and moving forward from the letter, i felt that that's what i was covering by going to each of the businesses that would have been been within an ear shot of our establishment. it certainly was by no means an intentional disregard. all of the addresses that were anywhere within what would be considered ear shot of 417

stockton, you know, i invited feedback. president newlin: any questions? >> will you be selling tickets to the events that you hold? >> no, sir. >> one of the conditions imposed by the board discussed with you by the police department was at least 60% of the patrons shall be able to sit during performances. can you explain how that's going to manifest itself? >> yes, sir. we have quite a bit of available tables, chairs, et cetera, as part of sort of traditional hotel banquet equipment that during each and every evening the intention would be to line the walls with banquet tables, chairs. >> it says occupancy is 277 standing so with the tables and chairs, what would you envision your occupancy actually being? i know it's not our responsibility to, you

i don't expect us to hit that capacity. there are quite a few lounge chairs, a lot of seeding in the room. we are happy with the conditions. >> when the police department. -- the police department, is our anything you want to address? >> we recommend approval as you all see with the conditions that have been provided.

where we stand are the conditions provided and we recommend approval. >> ok, thank you. >> i want to respond to the comments regarding loitering. we do have more contemporary loitering language. you can accept or reject it. currently, our new this condition is as follows, loitering as defined by standing about idly and lingering endlessly without a corporate business. -- without appropriate business. i don't know if this would

clarify the smoking issue. people have to be able to smoke somewhere. >> is there any public comment? seeing none, commissioners. >> i move to approve the permit with amendment. item number 8 under police recommendation. >> i second met. >> second. >> discussion. >> looking at the police conditions, i am concerned about the scope of the

conditions regarding interior lighting, food availability, lighting. this goes to areas that we seldom condition entertainment permits. i am asking my fellow commissioners, are you at all concerned and we did it you want to include the police recommendations with the minor amendments. >> i would like to propose unfriendly amendment that police condition three is reflecting what was just read as

loitering. i have no problem with the lighting part but i think that the food is beyond our scope. >> this is clearly another issue. >> we should strike six. my friendly amendment is to strike six and amend 3. if the inspector would be so kind to forward that to staff. >> this is in the code. >> an entertainment permit, food, drink?

>> this is to find as the supervisor and or drink. i'd change my amendment to only include the definition of loitering because we have to do the food thing. >> well, they will be serving alcohol. >> i under stand that you except number 1 and 80. you want to change conditions 3 to be amended with the language -- to get there. you are accepting of condition numberfour and five. number 6 and 7 are now in

question and i need some clarity as to whether those are included in new york motion. these are the conditions that are relevant to how much food is served and how it is available on the premises. this is a question to staff. this is not something that we can come to terms with in compliance with. >> my friendly amendment is to change numberthree and to delete 6 and 7. >> the measure is to delete 6

and 7. >> yes. >> this was required before the full menu. >> that is what you are going to do. >> ok, so we have an amendment on the floor. >> the only reason that i believe the officer put that in there is to strengthen the conditions. obviously, we would call the inspector to assist us. that strengthens the entertainment permit. >> we have a motion with a friendly amendment. do we have a second? >> second. i hope that this will pass the

commission. >> aye. >> aye. >> aye. >> aye. >> aye. >> aye. >> the next item, is oz. >> applicants applied for a place of entertainment on

november 23rd to add entertainment to a food service business. the applicant would like to provide live music between 4:00 and 7:30 p.m. and have music into the evening. this is a principally parted use. they've indicated approval with conditions in the application is here to answer any questions that you have.

>> you have a 41 the occupancy? >> yes, i do. >> i am curious. the cost of a deejay, will they have live bands. >> you don't have to pay them, they can pay for tips. there is $30 or $60 per person. or we can offer them food and drinks. >> i know many musicians from

the place i used to go before it and they would play for free a couple of times and they would charge me $20 or $40. >> where did you used to work? >> the jazz bestrode downtown. >> what did you do? >> i became a mentor. >> very good, thank you very much. >> are there any other questions? okay, police department. >> i'm recommending approval with the conditions that we are able to have copies.

>> ok, thank you. did you review the conditions? >> yes, i did. i don't want to run a club business. this is a restaurant. at -- i work in the financial district. after 8:00 or 9:00, this is a ghost town. i would like them to have some snacks maybe a couple of drinks. they can have some fun with the live music and then they go home and they get ready for the next stage. one of the items that i would like to change is that i said

that i would like some deejays not more than twice a month. some people would like to have a party, bring their friends, but in those circumstances i would like to have a deejay. 12:00 at night. also, i would like to have live music censuses less loud than deejays. i would like to have them once or twice a month this is the only change i would like to make. >> i don't see anything restricting this. >> item number3, this restricted >> item number3, this restricted deejays, number one restr