tv [untitled] January 27, 2011 1:00am-1:30am PST
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benetti. comic coe. roja. joseph. weave quorum. we have a commissioners absent. although. perez indicated he would be here and president nule newlin is excused and cav leaney is absent. >> first site public comment. this is the time when the public and -- can address the commission on southbound ject matters under our jurisdiction,
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but that are not on the agenda. is there -- is there public comment? anybody? seeing none. >> hello. >> welcome to the commission. just a point of order, commissioner. the commander certainly welcome to speak now but we do have the item for police matters, if -- it doesn't matter to me. however you want to do it. >> well i'll let you decide on that. >> you go. you go. >> state your name. >> audrey -- my name is greg and eem a commander with the san francisco -- and i'm a commander with the san francisco police department. i came to introduce myself. i know most of you have met or conversed in the past. i'm a newly appointed commanders to the command staff of the
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police department. i'm taking over for the liaison for the police department for kit krenshaw who recently retired. as you know, i have quite a bit of experience with the night clubs, and i have a good working relationship with the owners and the community. i'm looking forward to the -- the period of time that we have address the issues and i want to come here tonight to introduce myself and be available for any questions that you might have as we move forward. i'm looking forward to working with each of you and the club owners and the community as we move forward in the entertainment commission that is thrive. >> i'm happy to be here. >> commander, i'm speaking for myself and probably the staff, for welcome aboard. we're very pleased to have you. >> i'm happy to be here too. i'll be here if you need anything else.
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>> thank you. >> is there any our public comment? >> seeing none, public comment is closed. item two on the agenda. review and approve minutes. >> i like to move to prove. we have a motion -- do we have a second? >> i second. >> we have a motion and second. is there public comments on the minutes of january 11th? seeing none, public comment is closed. >> miss king? >> on the motion to approve the minutes, commissioner benetti? aye meko aye roja abstain. >> if you're abstaining then we have to continue, i believe -- i don't think we could pass the minutes without a quorum of the minutes -- members present. so we have to rescind your motion and make a new motion. >> i like to move to rescind
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that motion and continue the items. >> we have motion. do we have a second? >> second. >> the public comment on the motion to rescind and continue the minutes. seeing none. here we go again. benetti. aye. meko aye roja aye joseph aye. great. item number three, report from our executive director, miss king? >> commissioners, hopefully a short report tonight. you should find my written report behind i think tab three in your binder. as far as the legislative policy update, there's nothing to report. as you know, the new supervisors took office recently. today was their first day, presenting items to the board as a whole. and -- committee reports should start coming and so this -- i'm
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sure will be an item that i will come back to as we go through this year with lots of things to report. under the heading of staff and office update, i just wanted to let the commission know that -- we're happy to report a place -- a replacement has been made with -- with the position of permanent administrator. this individual will start work in may of this year. he has a background in local government as well as a j.d. from n.y.u. he's currently on paternity leave. i think his -- his baby was born a week ago. we're eager for him to begin working with the staff. when he comes aboard, we'll certainly introduce you. it should be a great addition to the staff. secondly, wanted to give you a progress report on the neighbor summit. i think i mentioned this to you before.
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we have done summits for -- for the industry. we have done security summits and summits for -- focused on -- on promoters and management. we have never dreasd the neighbors specifically and thought it was -- addressed the neighbors specifically and thought it was appropriate to give this a try. so with the help of commissioners meko and perez the staff has chosen, wednesday april 6th of this year as a date for the event. the most likely timing would be probably like five to 9:00 p.m. we have to start the summit substantially later than the others as we talk about neighbors for the most part have yobs that they have to attend to -- have jobs they have to attend to. so we're looking a the evening. we're looking for a vene new, like the public library like we have in the past. it is one of the nicer ones to do this in. we're pursuing the assistance of the neighborhood empowerment
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network, which is out of the -- out of the city administrator's office as well as the mayor's office of neighborhood services to assist us in outreach. we really do want to get a wide variety of neighbors at least invited to come and talk about what the commission does and the kinds of things that might be improvements to what we're doing and engaging neighbors. so staff will continue to keep the commission informed and certainly welcome input -- attendance at that. we will always have to be careful so we don't end up with a quorum outside of a regular commission meeting. we'll keep moving ahead. the last one i just decided to let you know, that -- that over the course of me being in this position formally or informally, i've been asked and staff has been asked to do speaking engagements on behalf of the
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entertainment department as it were or the commission. so it is -- it is various groups across the city. i'll let you know who asked me to come and speak with them and who has been able to attend and then take any questions. this month i was asked by the san francisco chapter of the grammy's to moderate what they call the artist of the day pam at the career day they hold every day at san francisco state. 700 high school student the participate -- students participate. i have been attending that for some years. this year i got to do a moderating position. it was a lot of fun and -- hopefully, engages kids in -- in all of that, the music business, not just how to become a rap artist or something like that. and in addition to -- tomorrow
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january 26th, i'll be addressing the greater michigan rotary club at their monthly luncheon. they invited the entertainment commission to talk about what they do and how we do it and take questions from that group. that happens tomorrow and i'll let you know as other invitations come up. again, i'm continuing to list on your report though the numbers and -- of one time permits loud speakers, and one-time events so you could get a sense of that workload and how it comes and goes. the last thing i want to mention is the status of the appeals at two venues that we have been 0 working corrective actions on. one is the heights at 28 van ness. just as review, as you recall on december 14rks the commission ordered a new set -- on december
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14rks the commission ordered new set of commissions be put on the heights. then an appeal was filed. that is and continues to be scheduled for february 16th. at this point, the appealant's brief is due this week by the 27th of this month. and then also the respond's brief is due february 10th and staff will continue to keep you informed. we have been -- there's been indications they may withdraw the appeal but at this point, this is a status of it. so we'll continue forward. the last one is suite -- suite 181 at 181 eddie street and review on december 9th, staff entered a limited suspension to 181 of both of their place of entertainment and extended hours premiseses permits. that suspense would have been effective december 16 through the 23rd.
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the prmentee exercised appeal and that was -- the permitee exercised appeal. and i re150e6ed in -- received are writing that be rescheduled for february 22nd. me said yes to that request based on the venue being closed. this is no liquor license on the premises, however, the entertainment -- and extended hours permit are still valid. that's why we're we're entertaining this appeal and -- it will be an pell in front of you, as -- an appeal in front of you as a commission. can only take limit questions on any content of that. that concludes my report. and -- hand it over. >> i have two questions for you in your report. on the neighbor's summit.
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who is putting together the agenda for the summit, how are we going to move forward on that? >> well, i -- i'm working with both of our neighbor representatives on the commission, commissioner meko and perez in terms of what the content will be? this is going to be shorter in time and length than the others. so we're still in the process of envisioning how we're going it -- to manage the time that we have so if you have input -- but it is -- it is resting on my lap. >> the other thing is, with regard to the beal of 181 at -- the appeal of 181 on february 2urks i request that you move that to the -- i request you move that to the following meeting because i won't be here february 2r0ur i'm obligated somewhere else and i would like to be here during that appeal. >> okay. that's noted.
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i think that -- again, if we assess the situation going forward and in terms of their -- their being either in operation or continue to stay closed at this time, i think that's in the a problem. housks we might want to move -- however, we may want to move more quickly if the venue intends to reopen. >> with or without the liquor license. >> i have no problem with the first meeting in the -- in february but i won't be here the 22. it is either the first meeting of february or the first meeting of march. >> commissioner meko. >> has there been a follow up with regard to a joint meeting with the youth commission? >> yes, they did today, mid-day offer a variety of dates in march. none of which were on your
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regular meeting night. instead of moving those dates to your recollection i encouraged them to go back see if they might land the joint meeting on one of your regular hearing nights such that they could get greater participation from the entertainment commission. >> good. thank you. >> what you going to do? >> please note that commissioner perez is now present. >> mr. ben nelly. >> if you go to my report. i'll two tofere it. >> -- i'll go over it. >> just a few things tonight. as this commission knows, we have for the administrative citation that we issue, we have a follow-up letter, anybody that issued a citation and they have not paid their fine. we currently have a draft of
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that letter that is being gone over by the city attorney. we're hoping to get that letter back from the city attorney, relatively soon. so -- sooner than later so we could issue letters out. i'm skipping two and come back to it. just as stated before, this is generally a slow time for us this season. we're -- we really been trying to move through this. we're doing two a week on vep throughs working on their permit -- venues working on their permitting. we'll continue this month and probably february. we been meeting with the fsp-l.u. unit. and new information is the officer training will begin in february. this was put on hold last year because of the playoffs and also the world series. we'll be starting that and we'll be working with the s.f.p. unit
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on that project. also looking at a new system, not necessarily. let me rephrase that. a cleaning up of the system of how incident reports are given to the entertainment commission. currently we get reports from many sources. what is on the table and what is being worked on is -- is that all reports will go to the a.l.u. unit and that unit will then send relevant reports to us which would be more effective and easier on the s.f.p.d. side and more effective on our side, we're not having to chase down incident reports from all over the different stations. >> finally to go back to number two, i like to bring up rincon. as this commission knows, el rincon has been mentioned many times and been before the commission for a recondition of permits. why there -- they're on again is they were just issued on the 19th of this month, the third citation. this is their third citation,
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since last year. it is a lot of citations in a short period of time. currently we're, i'm recommending not only a seven-day suspense but also a -- another reconditioning of their permit. apparently the operators just don't seem to quite get it. after working with us before and after their reconditioning and then continuous citation this is particular location continues to be a problem. i just want to give this commission my recommendation and -- notice of what is going on with this particular venue, especially a venue that this commission is -- unfortunately had to -- to -- has been un-- been mentioned in the meetings quite even. moving down you'll see the -- what we're looking into as far as following complaints.
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icon, club 22. 26, and club 93. most of these are having to do with sound. we're dealing with both -- we been getting sound complaints from neighbors in each one of those instances from people that live next to and above and around venues. >> you'll see we given out a notice of violations or n.o.v.'s. and you could look at the list there. predominantly it is operating -- operation without a permit and sound violations. also, el rincon as you could see, who received administrative citation, rincon and noble. noble just recently received their permit from this commission. the issue there is during our standard sound abatement, they're giving a sound cap which they're unfortunately having a hard time meeting.
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and also, not -- not -- because they're having a hard time meeting it, their says needs adequate or more -- improved sound proofing. we're still working with the neighbors. we have about three or four neighbors in the building we're working with. if you'll -- unfortunately probably be hearing about them later. this month. finally in the incident list, you'll see an incident at 1714 15th street. this may jog your memory, it is way, way back of a location that this commission and s.f.p.d. and the neighborhood services and the city attorney and code enforcement and a few other alphabet soup agencies related to the city had problems with an unlicensed venue. that quieted down for two years and now started again. different owners, different
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managers. the good news here is that particular manage war -- who ran this particular event has come in and talked to director kane and myself and we're hoping this will not turn into what happened in the past. we're monitoring it very, very closely. also, there's a minor battery theft at ruby sky. we're waiting for an incident report from ruby sky. we weren't able to get it before the meeting tonight about then major incidences. we have inconagain which dates to the 14th of this month, the violations included underage drinking to crowd control to sound, to security, it was a mess. they had an event that was way out of control. and finally, club mitt this past weekend.
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this incident, i want to go in a hair more detail. this was an aggressive intoxicated patron that was denied entry in to the club. the club did what they were supposed to do which was they denied entry. they informed this particular person he had never been inside the club. i believe he had friends inside the club. he was too intoxicated, he was too aggressive. at one point s.f.p.d. on scene took over. helping the club security and stepped in, with this particular individual. where -- and unfortunately that -- that -- it went sideways and he -- and his -- ensuing resisting arrest, one office was injured. >> so, that -- that is all i have currently unless there are questions. >> inspector, i have a couple of questions. with the stations for -- forwarding their reports to the
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a.l.u. unit, it -- it is the a.l.u. unit going to check with every single station like on monday morning to see if the weekend reports are in? i mean -- that's a big onus to put on them? are they willing to accept that. >> the head is in the crowd and during the police section of this meeting, i would recommend you ask him that question. >> i would do that if you speak of inspector? >> i am. >> secondly, on -- on noble, you said they cannot meet the standards you set for them. is that -- does that mean they can't meet it because they need sound proofing or they can't because they won't turn it down. >> they can't meet it because they won't turn it down. >> they won't turn it down. you have asked them to turn it down, what do they say? >> they say, oh, i'm very sorry but still don't turn it down. >> okay. lastly, you -- you're recommending a seven-day suspension on el rincon.
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>> correct. >> you know, i have to say this. i do believe that the owner of el rincon may not be capable of being a good operator. and i think the seven-day suspense on el rincon is not what we should do. i would look to do a regular 30-day suspense. i want the -- suspension. and i want the staff to consider that and come back with their thoughts. so -- okay. anybody else, commissioners? >> commissioner meko? >> thank you. my thoughts on el rincon are very similar to yours. we -- we have already issued a -- an emergency suspension. we have already brought them here and put new conditions. they have accumulated three citations since then. and this doesn't seem to be a
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logical progression. i mean, one would think that the next step would be consideration of a 0-day suspension. so i would -- 30-day suggestion spence. so i support president or vice president joseph's position on that. >> one reason we recommended the seven-day initially is with three citations under the -- under the code, the three citations can be considered notice and therefore we don't -- there need to be no hearing. this needs to be literally nothing. we could -- we could literally serve them with a seven-day without warning or notice. >> i understand that. >> but in terms of this hierarchy of consequence consequence -- consequence. >> absolutely. >> and set in motion the possibility of ultimately considering -- you know, rev cation of that permit. >> also, just wanted to -- one
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other thing, i would like you to have a conversation with inspector about this last incident because of the underaged drinking, if you could do that please. thank you. >> any other questions for -- for commissioner benetti? >> inspector, i had a question regarding the bat rae theft at ruby -- battery and theft. did it take place inside? >> it took place outside. what is unique about this incident is that -- part of the -- part of the person who is -- one of the people being accused of theft is actually staff. the statements that we have received don't quite make up. we're working again -- while we're waiting for an incident report from the venue so we have a clearer picture of what had occurred. >> and with -- with respect to the number of deaths, notices of violation that you issued with
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the sound -- the sound ordinance violations. are these venues, 14 -- icon and lava, are they taking reasonable steps to improve the situation? what is the status with respect to their ownership so these don't happen again? is this just merely a -- like audrey said before, a situation where they just playing it too loud? >> you have the -- on the list 1417 15th street, it was an event. after meeting with the manager, we shouldn't have more event there is. ike cop is working with the neighbors -- icon is working with the neighbors on their sound control. hopefully -- i'm hoping to have some progress on that this week, next week at the latest. lava is up permitted venue that has been doing, having a d.j. play periodically. the following is -- is currently
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applying for a p.o.e. they had -- they had one or a few -- they had a d.j. playing basically during happy hour which led to a complaint which brought us in and their -- they're currently going through the paperwork. they stopped any such action and -- they're currently going through the process of getting a place of entertainment. and five points art house also -- also, it is like an art gallery that was having an event and -- they're -- you know, again after talking to the owner of such, we shouldn't be seeing any -- hopefully we shouldn't see any mother events at that location. >> is lava in the process of applying for a license? >> no. >> commissioner meko. >> with regard to icon, you reported to us several times last year that you had driven past the place and the -- the front door was wide open.
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when front door is wide open, the sound is being projected straight down rodgers, avenue. >> correct. >> where all of the neighbors are. our recommendation at the time, i know we put a whole lot of new conditions on to -- on to the venue. i don't think this is one of the conditions, but we did strongly recommend that they build a sound trap of some sort for their front door. now i just went by the place last week and theyú they've don thing. perhaps we should bring them in and make that a new condition? >> so the neighbors on rogers isn't where we're getting the complaint on. what icon has done is they haven't done the sound track but they have become more much discipline when the front door is closed. when the door is close, as you know the sound being projected into the area, the sound is not much
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