out on march 27, 2010. this involves first aid and cpr. do i have a motion? >> i would like to make a motion. >> only conditioners can make a motion. you can talk in public comment. >> sustained superior -- sustained. -- seonded. [calling votes. commissioner chan: no. >> that motion passes. >> with reference to number two, which is failure to convert to your cpr training -- to follow

cpr training. do i have a motion? >> second. [calling votes] commissioner chan: no -- excuse me, yes. >> that has passed unanimously. with reference to specifications #three. this involves the patrol officer not appearing to the interview of the police department and that he failed to show up for a scheduled interview on september 7, 2010. do i have a motion? >> yes. >> [calling votes] commissioner chan: no.

>> the past, 4-1. now we are voting -- we passed a guilt verdict. now it is time to decide what the appropriate penalty would be. >> [inaudible] and >> are with second your request, an -- i would second your request, but i think the city attorney says we cannot. >> we have done it before. >> we have done deliberations. >> i thought there was a deliberative process. >> [unintelligible] we could do reparations also. >> the only exceptions i know of our personnel, and in litigation, -- ending the

litigation, security. reconfirm there is no basis to go into closed session -- marie confirmed there is no basis to go into closed session. >> one option is weekend go on tonight or weekend delayed -- we can go on tonight or we can play a week and consult with the city attorney and see if there is a basis for a closed session, and i am open for either. >> is controlled special officer burns currently working this week? >> yes. >> that is a problem. >> i would be happy to look into it. i did not realize there would be any dispute, because i was pretty much assured --

>> officer of ernst, would you like to go too close session who -- officer burns, would you like us to go too close session? >>. -- yes. >> with this, i think we will make a motion. the department has agreed, and i think we will discuss this in closed session. do i have agreement from my fellow commissioners gunman who >> i asked if there is grounds to reverse the decision -- do i have agreement from my fellow commissioners democrats as much as i would be happy to do closed session -- from my fellow commissioners? >> as much as i would be happy to do closed session, i am concerned about the public who are not here to say whether they agree to go into closed session or not. i am fine either deliberate

thing in public or waiting a week and seeing if the city attorney wants to see if there is a basis for going into closed session. >> we have sustained numerous allegations against the patrol special officer who has said he is not going to comply, and he is currently working his and beat. >> i understand that concern acutely, but i understand the nature of the allegations are very significant, very important, but they go to the control specialist cause belief of whether he needs to comply to our rules have -- control specialist hospital leaf of whether he needs to comply to our rules or not. -- control specialist belt's

belief of whether he needs to comply to our rules or not. it gives me a little bit of -- if it is another week, it is not that bad. if others have concerns, i do not mind waiting a week. i would like to hear what the other commissioners think about whether we would prefer to go now or wait another week. >> i think i know what it is, but i am not going to say. >> the department is recommending it be revoked. i really think the commission and this department is left with no other option. you have someone who is stating he is not going to comply with the interim rules, and i think

the poses a severe problem for the department and the safety of the public, and i think that is where we stand at this point, that it needs to be revoked. >> we are going to go too close session, and each party can make a statement. would you like to make one? >> it comes back to my being sworn in, and i was never appointed. i am not testifying in court on the incident in which i captured a murder suspect -- i am now testifying in court on the incident in which i captured a murder suspect. there has never been a complaint in the 22 years that i have been a lot of officer, so as to being a danger to the public, my job is to protect and serve. that is what i swore when i came on board.

>> i thought we have the prerogative to go into closed session. my understanding was that we did not have to, but i thought we could. but is what we have done before. i do not necessarily want to wait a week for clarification. i would prefer to do this in closed session, but i need a proper understanding, because if my understanding is not correct, maybe we should not, so i will leave it to the other commissioners. >> based on the state attorney's a vicdvice and, i think we shoud keep it open session. i would personally like a closed session, and given the advice, i think it is prudent to keep in in open session. i am fine with 3 it tonight. >> i agree. i think we ought to move on

tonight in open session. >> i agree. >> we are now going to deliberate regarding the penalty phase of this matter. >> i agree that we have no choice other than to terminate the appointment. he has a fundamental way different view of our ability -- a fundamentally different view of our ability to regulate. either he is disregarding our rules or he is not a member of our party, but he is not following rules. we cannot have one who goes out, so our role but we terminate the appointment. -- i wouldçt rule that we terminate the appointment. >> i second that. >> on the motion to remove -- [calling fvotes]

vice president marshall: based on any officers, and now that he is willing to comply, aye. > >> it passed unanimously. >> this matter has been closed. >> officer burns, adore license has been revoked. your ability to -- your license has been revoked. you are not to report to duty tonight to give whatever property you have that belongs to the department should be turned in and immediately. >> i do not have it with me. i can bring it in tomorrow. and i have appeal rights also?

>> you do, but your ability to work has been revoked. you should talk about the surrender of your badge and your radio. >> that is my personal radio. >> whatever other information you have in reference to the handling of your beat. sorry about that. >> i have complied with everything in about the uniform -- everything but the uniform. as far as not complying, i do not know. >> the matter is closed. sorry, sir. >> no problem. >> [inaudible]

>> thank you very much. >> thank you. >> any public comment regarding this matter? hearing none, call the next item. >> public comments pertaining to alitem seven. >> any public comment? we have some public comment. >> do not delete your cpr programs, because it is very important your officers know cpr. >> i agree.

>> any other public comments? >> the vote on whether to hold the no. 7 in closed session. >> we are now going to closed session. >> clear the room, ladies and gentlema secretary: ok, we are back from a closed session. president mazzucco: the next item, please. secretary: item 8, whether or not to disclose.

president mazzucco: do i have a motion? commissioner: i move that we do not disclose. president mazzucco: next item. secretary: item 9, adjournment. president mazzucco:

>> i work with the department of environment and we are recycling oil. thank you. we can go into a refinery and we can use it again. they do oil changes and sell it anyway, so now they know when a ticket to a. hal>> to you have something you want to get rid of? >> why throw it away when you

can reuse it? >> it can be filtered out and used for other products. >> [speaking spanish] >> it is going to be a good thing for us to take used motor oil from customers. we have a 75-gallon tank that we used and we have someone take it from here to recycle. >> so far, we have 35 people. we have collected 78 gallons, if not more. these are other locations that you can go. it is absolutely free. you just need to have the location open. you are set to go.

supervisor avalos: good morning. welcome to the city operations and neighborhood services committee. i am joined to my right by supervisor mar. supervisor elsbernd is in negotiations right now, so we will excuse him without objection. the clerk of the committee is ms. gale johnson. could you share with us your announcements? >> persons attending this meeting are requested to town of

cell phones and pagers. if you wish to submit copies of materials to members of the committee, please submit an extra copy for the file. if you wish to submit speaker cards, please put them in the container at the rail in front of you to your left. items recommended out of committee today will be considered by the full board of supervisors tuesday june 7 unless another date is indicated. supervisor avalos: thank you. if you could please call item 1. >> hearing to consider the transfer of a type 20 off-sale beer and wine license from 953 harrison street to 320 fell street, will serve the convenience of the people of the city and county of san francisco. supervisor avalos: very good. we have a presentation. specter, welcome. >> good morning. -- in spector, welcome. >> good morning. before us today is an

application for a tight 20 license. it will allow the applicant to sell off sale beer and wine. -- a type 20 license. their business plan as they will be doing a lot of actual creating of organic pates, sausages, and cured meats. part of their business plan includes craft beers and specialty wines. i would point out is located in an area of high crime and also under concentration. we are recommending this application for approval with the following conditions -- sale of alcoholic beverages shall be permitted to 20 hours of 9:00 a.m. and 9:00 p.m. daily. no more than 10% of square footage of the premises will be used for display of alcoholic beverages. again, the primary business is delicatessen. the sale of beer and malt beverages in quantities of 60 knots, 20 jobs, 30 tons, or 40

pounds or similar sized containers is prohibited except for microbreweries, crap breweries, organic and specialty mall products sold under the designation of stout porter ipa -- kraft breweries -- craft breweries, organic and specialty malt products. no noise shall be allowed on the area under the control of the controlled licensee. no person under the age of 21 shall sell, furnish, or deliver alcoholic beverages. condition is our loitering condition, which is defined as standing idly about, lingering aimlessly without lawful business, is prohibited on a sidewalk or property adjacent to the premises under the control licensee. our next condition -- there shall be no cuts, glasses, or similar receptacles commonly used for drinking beverages sold, furnish, or given away at the premises in quantities of less than 24 in their original package -- there shall be no

cops -- there shall be no cops -- there shall be no cups, glasses, or similar receptacles. with these conditions, we are recommending the application for approval. supervisor avalos: ok, very good. thank you for your presentation. we can open the item up for public comment. we will go up to 3 minutes. seeing no one come forward, we will close public comment. can we move this forward with recommendation with the conditions? ok, very good. so done. if you could call item two. >> item two, hearing to consider that the transfer of a type 21 off-sale general license from 511 crescent street to 2801 jones street for walgreen's will serve the convenience of the people of the city and county of

san francisco. >> we would like to request a continuance on this item. i have talked to the applicant, and they concur. there are some details we're trying to work out. we will have it ready probably for our next meeting. supervisor avalos: ok, let's open this up for public comment on the continuance. any member of the public who would like to comment on this item? ok, we will close public comment. we can agree to continue to next month. we will skip a meeting. >> correct, maybe the july meeting. supervisor avalos: great. i would like to be involved in some of the discussion on this as well. ok, if you could call item 3. >> item 3, hearing to consider that the issuance of a type 42 on-sale beer and wine public

premises license to shawn higgings located at 2323 market street will serve the convenience of the people of the city and county of san francisco -- to shawn higgins. supervisor avalos: inspector? >> san francisco police department. before us is an application for a type 42 license. if approved in simple terms, it is basically a beer/wine bar. that means you have to be 21 years old to enter. the application is a little bit unique. this is actually a story store, but they are going to license a small, specific area of the premises, so it will allow people of any age to come into the store, but the area to access alcohol would be restricted to those 21 and older. we are recommending this application for approval. i would point out is not in an

area of high crime. is located in an area of undue concentration. we are recommending approval with the following conditions. sales, service, and consumption of beverage shall be permitted between the hours of 11:00 a.m. and 10:00 p.m. each day of the week. next, no noise shall be allowed beyond the area under the control of the licensee. next, loitering. ordering defined as standing idly about, lingering aimlessly without lawful business is prohibited on a property adjacent to licensed premises under the control of the licensee. interior lighting maintained there shall be sufficient to make easily discernible the appearance and conduct of all persons. and patrons in the portion of the premises where alcoholic beverages are sold, served, delivered, or consume. a person under the age of 21 shall sell or deliver alcoholic beverages. next addition, no more than 5% of the square footage of the premises will be used for the on sales service or display of the alcoholic beverages.

petitioner's shall not make structural changes in the premises and interior without prior written approval from the apartment here the sale of alcoholic beverages for of sale is strictly prohibited, and our last condition -- the sale and service shall be incidental to the premises primary business -- the sale of jewelry. with these conditions, we are recommending approval. i would point out that the applicants are here in the audience if you have any questions of them. supervisor avalos: very good. thank you. supervisor mar. supervisor mar: i just want to give my gut reaction that this is an unusual application because it is a sustainable jewelry store that wants to sell alcohol. i worry that it might set a precedent where we will start to see more stores that are not traditionally selling beer and wine and alcohol trying to do this in the future, so i am wondering -- are there other examples of this? i have some concerns about this, especially as it impacts other

small businesses that have been selling alcohol traditionally, and restaurants and other clearly connected businesses, but this is a jewelry store, so could you explain a little bit about -- is this a pattern? >> like you, i had similar concerns. what i can tell you it is we restricted the of sale component, so they will not compete with any of sale businesses in the area -- off- sale business is in the area appeared second, it is a very small part of the premises where wine can be served. it is not their primary business, and that was the purpose of the last condition. first and foremost, they are a jewelry store. talking with the applicants, their primary goal is to really highlight local wineries. it does sound kind of unique, but just like people are pairing wine with food, i think these people will be pairing it with jewelry.

i think it is new, and i think it is something we need to move cautiously on. in this case, this location, our recommendation was it could work. i do not see it presenting a community problem for a police problem, and i really do not see it impacting competition because it is so unique and specific to them, and is more of an intimate relationship with the customer and them. i do not see people coming in there just to spend time in their wine bar. i think it is more of an invitation relationship. supervisor avalos: i guess -- we kind of joke about a moment ago when you were in office, but it is a little bit like a car dealership opening up a wine bar to help the make a decision about buying a car, or with a shoe store want to do that?

and can expand to other retail outlets in the city. those are some of my thoughts as well. i actually was inclined to support, and i am kind of questioning that a little but right now. i do appreciate your work on this issue. perhaps we could open up for public comment and we could hear from the owners as well. we will open this up for public comment. we will do three minutes. and additional questions necessary. >> good morning. shawn higgins. i understand the concerns you are having as you are voicing them, but i want you to maybe look at it from my perspective here first of all, in my business, which i have been in the jewelry business for 21 years, this is a common thing. to serve wine in the store for your clients.

what we're doing is coming before the committee to try to make it legal because we also understand that our high-end clientele is very much involved in the other high-end parts of the world, including buying fine wine, so we find that that is actually a marriage that works really well for our clientele. it is not going to be an open bar. we do not want people in our store -- we do not want them intoxicated in our store, to be frank with you, because i have over $1 million in liability, and that is on me because of the inventory we carry. that is not the idea of it. i would also point out to you back i do not know if any of you have never been into our money here in the city -- then into armani. he did this years ago. this is not far