it's feasibly possible for the two commissions to meet. that's my motion. >> i second. president newlin: i think for discussion staff will have to engineer how -- what form this will take place, and the time frame. very good. and second? call the roll? >> commissioner cavellini. >> aye. >> commissioner benetti. >> ii commissioner joseph aye. commissioner meko, ii [unanimous passing] president newlin: item number seven, hearing and possible action regarding the applications for permits under the jurisdiction of the entertainment commission. number one, salvatore nevigato,

cols -- colosseo restaurant, 414 columbus, place of entertainment. >> the applicant applied for a permit on december 7 with the commission to allow for an opera singer in this -- fine dining is what it's supposed to say, italian restaurant in north beach. the singer also works as a waiter at the restaurant. the hours of entertainment are listed in the application from 6:00 p.m. to midnight daily. the occupancy of the space in total including the outside patio is 126. as required by the planning department, the applicant was granted a conditional use authorization in mid november to allow for this entertainment under the conditions and those conditions are attached as exhibit a, conditions of approval. sfpd, central station, has indicated its approval of this permit application with

conditions. there are also a number of letters of support for this application attached to the application itself including one for the north beach merchants association and several from north beach businesses and residents. there they are, look at that. the applicant is here before you as well as the representative. staff is recommending conditional grant of this permit inclusive of the planning conditions. >> good evening, my name is marcia garland and i'm here to represent my client, salvatore nevigato of colosseo restaurant. congratulations for getting it right. and also, on your promotion. well deserved. anyway, this restaurant has gained quite a lot of notoriety in the media lately because of the singing waiter. i think it even went as far as the "los angeles times." we are just trying to sing in tune in north beach and to be as harmonious as possible and it's

a really simple request. and i hope that you will grant that. this is mr. nevigato. i don't know if he wants to add anything. not really. >> thank you, i appreciate that. >> if you have any questions? president newlin: any questions for the applicant, commissioners? seeing none -- vice chair joseph: jocelyn, attached to the -- the conditions for the planning department, exhibit a, is something from sfpd, and there's another page -- oh, is this planning? it's hard for me to understand this page. director kane: the first one that says conditions of approval exhibit a, it's front and back, it's 13. read them, 13 conditions for the singing waiter.

vice chair joseph: right, right. director kane: and then there is -- vice chair joseph: there's a page dated december 16, 2010, planning department facts. on the back side it says, amplifier for music only, no amplifier or microphone for singing waiter. director kane: yeah. so this thing, recommendation? this thing? vice chair joseph: yes. director kane: that's from the police department. vice chair joseph: hold on. director kane: that's the planning department. o.k., so what i want you to do. best thing for me is if you look at this memo. vice chair joseph: o.k. i just want to make sure they're not contradictory, that's all. director kane: i don't believe so but you can compare them if you wish. we have central station representation, as well, today. vice chair joseph: my understanding is that the microphone is for the singer, right? director kane: correct. is it not?

>> the background noise we want to drum out. >> it was amended at the planning commission so that it would include not just one singer but if two people wanted to sing, they could, because the planning commission, the conditional use permit had worded it as one voice only, so that was amended by the president, president miguel, and if the amplification is for the background music, you know, the orchestration of it. they'll work like it's almost like a karaoke where there's music. vice chair joseph: so this, therefore, is from central station, this one right here. director kane: that's correct. those three are from central station. vice chair joseph: amplifier for music only, no amplifier or microphone for singing waiter. director kane: correct, that's from sfpd, their recommended conditions. vice chair joseph: so sfpd's

recommended conditions are contrary to the planning department's commission? i'm just trying to understand. is that correct? director kane: i don't know that they are. they might be. vice chair joseph: yeah. o.k., i see. never mind, thank you. president newlin: commissioners, any other questions? >> are you aware of the police department's recommended conditions that the singers will not be allowed a microphone? >> yes, but i thought all of that was overruled by the planning department, by the planning commission back in november because they voted 6-1 in favor of it as it was worded by the planning commission. president newlin: commissioner meko? commissioner meko: where we can impose additional conditions. the planning department, in general, when they're doing conditional use authorization are considering this from a land use perspective and then when it comes to issuing the permit, it comes to the entertainment

commission, where we could consider it more from a -- the perspective of mitigating possible nuisances. so the police department recommendations are actually more relevant to us than they are to the -- than they were to the planning commission. >> o.k. commissioner meko: so the whole discussion is wide open when it comes before us. we cannot overrule any condition imposed under conditional use but we can add to or enhance conditions as they affect the nuisance factors on this. >> o.k. president newlin: commissioners, any other questions for the applicant? seeing none, does the police department want to weigh in? >> officer dickens. president newlin: use the other mic. >> officer takens, central police department department

standing in for officer matthias, the regular permit officer. i discussed this with officer matthias prior and basically those conditions we'd like to see placed on for obvious reasons. we have residents in the close area and we don't want quite that much sound to be disruptive to the neighborhood any more than it already is. colosseo is a nice restaurant. it's not a personal issue. we don't want microphones in the hands of the opera singer. if you're an opera singer, you can be well heard without a microphone and we don't want the singing amplified. we don't have a problem with the background music amplified. that's basically our position. president newlin: o.k. >> isn't it true, though, that the doors are to remain closed at all times and are still subject to the sound ordinance, that music can't emanate from the establishment? >> that's right.

but not to increase the possibility of serving the peace, we would like to see those conditions placed on the entertainment at this time. >> i suppose i have a question for the applicant, then. the officer just raised the issue, if there are opera singers inside a closed space, do they need amplification? >> it depends on their training. if they've studied opera singing, they wouldn't need amplification but i think it would be odd to have the aistration amplified and the voice not. it seems like it would be discordant somehow. i used to sing professionally so i'm thinking it through as a singer would. it seems an odd way of doing it, especially when the restaurant has to pass the sound test and

the doors and windows have to be closed. they've already agreed nothing in the back garden area because they happen to have a patio and they've already agreed to that so it's all going to be very enclosed. it just seems very odd to me to have amplification, orchestration, and then a voice not going along with that. and it's a very small system, like a little box. >> in my reading of the application, is it correct that music will not be permitted between 12:00 and 2:00 a.m.? >> yes. president newlin: thank you. is there any public comment on this? o.k. seeing none, commissioners? >> i'd like to make a motion to grant the application of the

commission that music not be permitted between 12:00 and 2:00 a.m. and allow amplification for the music and for the singers, as well. that's what the permit applicantment wants and sound is not allowed by ordinance to emanate to outside the establishment, i can't see the threat in it. i'm open to suggestion. president newlin: we have a motion on the floor. >> i second it. president newlin: second. discussion? call the roll? director kane: commissioners, for clarification, then, is your motion to approve -- conditionally grant with the planning department conditions only? president newlin: that's correct, based on the fact that they still have to pass a sound test and they can't operate that club with the music emanating outside the confines of the

club. commissioner meko: and with the good neighbor policy applied, as well. director kane: with that clarification, commissioner cavellini? commissioner benetti, commissioner joseph, commissioner meko, commissioner perez, president newlin [motion passed unanimously] president newlin: good luck. next item, 7b, greg peck, d.b.a. burrit room/crescent hotel, 417 stockton. place of entertainment. director kane: pleased to meek the acquaintance -- meet the acquaintance of gregory peck and then i found out it was not really him. he might be dead. but, o.k. -- >> it is really him. the other guy was the phony. director kane: sorry. so, not o.k. my fault. the background on this application is that the applicant applied for a place of entertainment permit on number 23 to permit the burrit room,

which everyone wants to call the burrito room, but it's called the burrit room, inside the crescent hotel, which is a fairly new motel san francisco. the burrit room takes up one half of the second floor of the hotel but is open according to the application from 5:00 p.m. to 1:30 on weekends. it has the capacity of 80 people. there is additional space on the other half of the second floor used for occasional entertainment with the total capacity of 277 persons standing and half of that sitting. the application indicates the intention to provide live entertainment in the form of local bands primarily in the second event space on an irregular basis and possibly d.j. music. the planning department has indicated this is a principally permitted use. central station has indicated approval with quite a few

conditions. was everyone able to locate those? and it's my understanding that the applicant has seen these conditions and in addition, i would add that the staff has issued two or three one-time event permits with the approval of certainly central station and the fire department for events 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,