i frequented the imperial palace restaurant on several occasions. excellent place. food is delicious. the atmosphere is fine. the parking is great. i have never had any problems. i am excited about the changes taking place in chinatown. i think the concept of the motown dinner show, motown in chinatown, is a great idea. it seems fun, exciting, new, and fresh, and will bring diversity into chinatown. i have seen a couple of the other shows -- "assisted living" and "tina and tony." they are great, geared toward mature audiences. it is interactive with the audience. it is very exciting and fresh. tim is a great honor. i love it. thank you. president newlin: i looked

through the file. the conditions -- are they somewhere, that you wanted to present? officer maccabaeus, do you want to comment on this -- officer matthias, do you want to comment on this? >> steve matthias, central station. we are in favor of granting the permit. we did less six conditions we would like to review. one thing we wanted to strike is on line five. part of the marketing they do for the theater productions -- they do use a company for the marketing. we did not think it would be fair. i think it is something that helps the business. i want to strike the word "marketing," line 5. president newlin: ok. mr. lee, have you seen these

commissions -- these conditions, and are you comfortable with them? did everybody get a chance to see these conditions? ok. do we have a motion from the commission? >> motion to conditionally approved. >> i will second. commissioner cavellini: aye. commissioner hyde: aye. commissioner perez: aye. president newlin: aye. mr. lee, good luck. thank you. item number six, hearing and possible action regarding applications for permits under the jurisdiction of the entertainment commission. 6a, nguy, puy --phu, doing

business as a coffee shop? >> it is just a request for a permit for a video game. it's not really a condition, but the police wants to make sure the applicant understand is gambling is illegal. the applicant agrees not to change or alter the amusement device to prevent the playing of a single complete game. president newlin: is the applicant here? do they want to address the commission? public comment on this request for a mechanical device? comment from the police department? seeing none, do we have a motion? >> i move to approve. >> second. >> same house?

president newlin: yes. item six b, midnight sun, 4067 18th st., place of entertainment permit. >> midnight sun is an establishment which as been there several years. it is a change of ownership with the same name, no new format, no renovations. i received a letter today from the merchants of upper market and castro, in support of this. i added it to your desks right before the meeting started. if john is here, i will let him speak. >> good evening. my name is john bellemore. as indicated, we are in the process of becoming the new owners of the midnight sun. just a little background for what the midnight sun is -- it is one of the oldest cars in the castro, currently celebrating

its 40th year. it was established as the first video bar in america. that is the format we still believe this kind of the central to its ongoing success. our plans, going forward, are to restore it as the premier of video bar. every bar has a tv in that right now, so just having a tv screen does not make it. our feeling is we want to establish that as the primary way that people would come into the space, watching tv programs, videos, movies perhaps. basically, keeping with that format. we are not turning it into a dance bar. tim and myself alone -- own q- bar. that is our space for that. our intention is not to change the format. i do not have -- i do not know whether you have questions.

>> are you doing any improvements? >> currently, the space has been owned by the prior owners for about 20 years. they have not lived in san francisco for about five. the space itself has become a bit dated. in terms of improvements, it is mostly in terms of interior and a little bit of exterior space, to update it and make it more inviting. the crowd mostly consists of 35 and older. they have pretty much been going there a long time. our intention is to bring the appeal back to the younger generation and introduce them to the history of the castro. we definitely have plans to improve on it. in terms of rearranging the interior spaces or additions in square footage -- we are considering windows.

just for anyone's history of the midnight sun, because of older video technology, it is a very dark space inside. the doors are closed all the time. i believe the history of being a 40-year-old gay bar -- it is the notion of not wanting to be in a blank space and people not know you are there. everyone has a knowledge of the younger generation and most of us now do not feel that is necessary. we intend to bring in the light and make it a brighter space, especially during the daytime. >> besides the video, what other types of entertainment are you planning to do? >> nothing significant, beyond that. there are not turntables, so there is no way to have a dj there. we do have some charity events. that is the extent of it.

you would not have anything along those lines. >> you do have a video deejay, correct? >> playing d.v.d.'s and assorted content like tv programs. it is music, but it is not club music. it is video store music, mtv. >> i have actually been there. i know it is shocking. president newlin: you are breaking at 35 and over rule. is there anyone from the public who wishes to comment on this application? seeing none, do we have a motion from the commission? >> motion to approve. >> second. >> same house? president newlin: yes. good luck. next item, item six c.

mechanical amusement device, 5740 mission street. >> this bar has operated with the same owners since 1985. this is a permit application for a pool table. the sfpd approves with no additional condition for comment. president newlin: you are the owner? please come forward. >> we have had it 27 years. we just wanted to make sure we had everything put up. it has been a long time. we just installed cameras outside and inside the bar. we have been working with the police, trying to -- we have had some things that have come up that were not involved in the bar. it was in the newspaper, and they have been trying to

straighten that out. we just want to make things right. president newlin: i appreciate your efforts. the commissioners have any questions? no? anybody from the public wish to address this application? seeing none, do we have a motion? >> i will move to approve. >> second. president newlin: that is it. you are good to go, ms. morris. item 16, -- item 6 d, 1337 grant, place of entertainment permit. >> that used to be the site of mojito. this is a new owner, a new operation. i will let him speak for

himself. >> thanks for the opportunity to apply for a new option for a new venture. i am derek madson, one of the partners in tupelo, joined by tom peters, teague kernan, and mark dansiger. tom and i are the financial backers and the owners of a banking firm called inverness advisers, based in jackson square. we employ 10 people. we will be responsible for oversight and insuring it is not only a great investment, but a great addition to the neighborhood. teague will be responsible with day-to-day operations. he has a long background in management. his responsibilities included hiring, and vendor management, general operations, and neighborhood relations. he is also the founding member

of the local blues band that has been performing in san francisco for the past 10 years. mark dansiger will run the kitchen and has a stellar reputation in the san francisco restaurant community, having worked at places including aqua, ciao, and southern cuisine specialties, which are specific to the food which will be offering. he was our first choice as executive chef because of his style of cooking and overall experience level, which made him the perfect fit for what we are doing. at the times we have entertainment, we will ensure the safety and comfort of our guests, with a security plan headed by an emt's-licensed individual. all principals involved in tupelo have stellar professional

reputations and are highly qualified in their respective fields. we are applying for a license to provide entertainment to our guests. entertainment is central to the business concept we're pursuing. we selected the name tupelos specifically for its musical association. tupelo is the birthday of elvis. it has been in many songs. its association with music, its down-home feeling, has been a guidepost for everything we have chosen to do with the space, from the style of food it to the decor to the entertainment choices we want to provide our guests. without the entertainment, it is incomplete. we have specifically selected 1337 grant as our location and size -- site due to its quality kitchen and history as an

entertainment venue in san francisco. we have embarked on an extensive remodeling of the interior and exterior of the premises. we have hired julie brown to assist us to make to below stand out as a business. we are executing plans for extensive seating for our dining guests. we are bringing a unit food offering to the neighborhood. we have plans to lessen any impact on the neighborhood with sound abatement. the largest single component of our operating cost is restaurant. we have reached out to the local area. we are meeting with the telegraph hill dwellers, the north beach merchants association, the san francisco police department, david chiu's

office, and have held an open house for residents to air any concerns they may have. we have also spoken directly with all of the merchants on the 1300 block of grant ave. we have received support from all of the merchants on our block. we have reviewed the conditions from officer matthias and the police department, which we received september 10. in short, we would be agreeable to items one through nine, with the stipulation that there was a request for a security system to be installed. we asked to put that in place. we are opposed to condition 10, which deals with the restricted hours of entertainment at the location. that is specifically as music is

central to our theme. on behalf of my partners, thank you again. we are happy to answer any questions. president newlin: on item 10, what would be your recommendation for the hours of entertainment? >> we would like to have an entertainment license similar -- which would allow us to provide entertainment for the hours of operation, which would go until 2:00. president newlin: you would not be playing right up until 2:00, would you? so 1:30? >> would be happy to agree to 1:30. president newlin: that is the only question i have. does anyone else have questions? >> you said you had approval of all the merchants on the street. i was just over there, talking to the merchants. several of them mentioned they did not approve. i wondered why you said all.

>> which merchants? >> i would rather not. >> today, i got two more petitions. in terms of our block of grand avenue, every single person signed. >> he had mentioned to us that block. >> i was talking about the block we are specifically on. we did expand to some of the neighboring blocks. i did not get refusals. there were a couple of times when i got things off with one of the employees and said that if the manager came back, i would give this to her. on our specific block, we did not have anybody not in support. >> there was somebody down by the cafe. when i went in, the first thing they said was absolutely not. please do not allow this. maybe that is not on your block, but there is a merchant.

>> we dropped off a packet earlier today which has some signed individual letters of support. the individual businesses that are there -- we provided as much information as we had. >> speaking on my behalf, i would be happy to reach out to them. >> i probably would not go into it, but you are bay area residents. do any of you live in the city? >> i live in the city. i live in the mission district. tom peters works in san francisco. and market is, as well, a san francisco resident. >> that is awesome. you are saying this will not -- are you still saying this will

not be a night club? it says here tupelo will not be a nightclub, and unlike mojito clues music on a more limited basis. >> that is accurate. we do not intend to be a nightclub. we intend to have a meaningful and differentiated full-service offering of which music is an important component. >> use a continuing the legacy of providing entertainment to the neighborhood. i want to make sure this is not going to be a night club, if you say it is not going to be a nightclub. i know that is one of the great concerns of the neighbors there. entertainment at the bar on some evenings -- live entertainment, alternate weekends and nights -- i want to make sure, because it sounds to me that -- >> can i give it a couple of examples?

we plan on wednesday evenings to do a pot roast. we would like to do some gallery openings. we are planning on serving brunch saturday and sunday. we would like to have a three piece combo band playing for brunch. to me, that does not signify a nightclub. in terms of dj music, i am not a big fan. i am not saying we will not have a deejay on occasion, but it will be limited. i do not want to work with music that is excessively loud. i do not like yelling over the customers. that is not something we want to do. overall, the sound coverage -- the sound level is going to be greatly reduced. the nightclub -- it is not going to be that style of music. we are focusing on local, home grown musicians. those are my friends i would like to support.

>> are you going to use promoters? >> no. >> is that it? >> there were a couple of other things. it says you do not have a smoking area. i would definitely suggest an ash tray. one of my biggest complaints is living in other people's ashtrays when they threw their cigarettes around. >> the problem with that is the health department does not allow that. >> it does not? >> no. it is very strange. but unfortunately, the new version of the smoking ordinance forces all the patrons who want to smoke to the curb, and does not allow them -- they will be in violation of the health department if they put an ash receptacles out. i am sorry. that is your city of work.

>> ok. obviously, i will take that up with somebody else. one last thing. since you are serving food and will have people under 21 in the establishment, and it says choose to restrict them after 9:00 p.m. -- i am wondering what your plans are for that, if you could tell me more about that. >> in terms of our food, after 9:00 p.m., we will probably have to serve dinner until 9:00 or 10:00. we are still working through a lot of things. i would say if food-service is finished at 10:00, we would cut off everybody under 21. we could stay open to underage patrons, but i think it is inviting problems. i would say if we stop serving dinner at 9:00 -- we do have a

late-night menu we are planning to do, so it will be tricky. but i would say 9:00 or 10:00 is our cut off. president newlin: is that it? >> i just wanted to suggest -- have you talked to the north beach neighbors, or vallejo? >> i just found out about those community groups. i thought i had reached out to all of them. i did send a note to north beach neighbors. this is the first i heard of -- >> they are the vallejo's steps neighbors. they are not quite as involved. officer matthias? >> i am from central station.

i have spoken with teague at tupelo. we have also talked to a merchant and neighborhood groups. we had the initial conditions set down. that was in september, early september. since then, we have had the north beach chamber of commerce, as well as the telegraph hill association, share their concerns with us. we take an entertainment permit seriously. we have to look to the upside of it as far as generating revenue from the survey, as far as the night life. we also have to look at the down sides. we went over the file in the previous establishment. these are our concerns, the things we are looking at.

he was able to come up with differences that he felt his restaurant was going to be different. in speaking with the neighborhood groups, it is kind of going back and forth as to is this a nightclub or a restaurant. when we envision what a restaurant is, it has tables and setting up chairs and silverware, and that sort of thing. we fully understand that we might have some entertainment in the evening. our district -- we have had some people use a bait and switch. we are going to be a great restaurant, and somehow it is a nightclub. anytime an entertainment application comes across our desk, we really have to look at all the down sides, as well as the upsides. looking at this, i think we had the 10 different issues.

since september, i have spoken with the captain. he would like to switch, rather than a 1:30 closing time, to go with the on friday saturday night's, and during the week pentium he would like a trial. he would like to let it go for one year, and see how the operation is. he is not against extending those hours, or having the commission -- obviously, we just make recommendations. teague has said they feel comfortable with the first nine conditions. i think we can work on them, as far as the security system. our comfort level is probably

midnight. we would like to see the impact on the neighborhood and the businesses. i do not live on grant street. i do not have a business on grant street. if i did, i would like to have my business thrived. -- thrive. president newlin: it seems like they have made a thorough presentation on the restaurant aspect. the fill this is a bait and switch, or an adjustment restaurant? >> i do not have a crystal ball. it is hard to say. i am getting mixed feelings. as commissioner hyde was looking at it, we have a huge emphasis on the entertainment. if i am opening a restaurant, i would think it would be about promoting a nice meal. that is where we have this difference. which way is it going to go? >> steve think that if they

served food later, extended the hours of operation of the kitchen, that it would be helpful to allow them to stay open a little later? to run a business -- what were the times to suggested they close? >> entertainment ceasing at midnight. >> just the entertainment. sunday, we would like to go back to the 10:00 p.m. >> the captain mentioned a trial. how long do you think that would be? six months? one year? >> today, he said he would feel comfortable -- a full year would be something he would like. i think that would give, rather than a snapshot, a pretty good look at how the establishment is being run. commissioner hyde: i understand the concerns with the time and the neighborhood.

but if you want to have a business that succeeds in that area -- i mean, it is -- the times just seen, maybe, off by an hour or so, just because if they do want to succeed in that neighborhood, you know, they should be given a fair shake as well. >> would be fair shake also include, if things are not doing well, being able to revisit the hours? commissioner hyde: absolutely. president newlin: obviously, they will have to conform to the standards -- conform to the standards we told everybody to. but i have to agree with commissioner hyde that they seem to have committed a large amount of resources to this. at this point, i do not see evidence we should hamstring them. i want to wait and hear public comment. other questions?