different type of promotion. i have not been to every event but i have been to quite a few. many of them were speaker series where there was not alcohol served. i have never seen alcohol served anywhere but in the lobby. i will defer to enact -- annette berger. no one was taking alcohol to their seats. i also -- five cars never happened. it has never happened before. -- five bars never happened. i am the father of 6-year-old twins. we take our children to the park this time of year on the weekends but virtually every night over to huntington park. the sidewalks are blocked and filthy. whether it is bottles, vomit, whatever on the ground, it has

changed significantly. i cannot understand why anyone would want anyone to have events. no one wants to shut it down or shut jobs down. it is a matter of lookit -- looking at it in the historical sense and keeping it the way it has been before live nation came to the scene. thank you. >> hello, commissioners and i apologize for whatever commission -- confusion. i founded the company 13 years ago. we are a san francisco-based and we are the first grain business certified not just catering company but the only green certified concessionaire in northern california. we have had a longstanding relationship with live nation trade it started when i had a restaurant and used to do some

catering for the folks and they wanted us to be there kidder in 1999. that sounded better than operating my restaurant and losing all the time. we have had a relationship with them, as we do with the other promoters in the bay area. and we are the preferred care of another planet entertainment. we have agreed to conditions for operation at the masonic that impose regulation that have never existed there despite the fact that alcohol has been served there for a long time. we have been a catering partner with the masonic itself since 2000. and i believe our record since we took over as the in house operators speaks for itself. it is without incident to do --

we do care about the neighborwe employ over 700 peopd currently over 500 live in san francisco. i implore you to agree to extend this historical use and i think you for your time. -- thank you for your time. >> good afternoon. thank you for time. i am an assistant business agent with local 16, the stagehands' union. i would like to speak on behalf of live nation. we have dealt with live nation for many years. they have enough their employer. they provide the membership of local 16 with as was stated earlier, and, very good wages which also include french packages of health-care and pension. most of our members live in san francisco and benefit from the revenue that is generated from the events that take place. they have been a fair player.

they have wanted to work with the community and i would urge you to consider approving this. thank you for your time. president miguel: thank you. >> getting. -- thank you. i live on california street at the front of the building and the masonic temple is to my right. i have a particular affection for the masonic temple because it was there i became an american citizen. i want to talk about one evening when i was out for a stroll. i turned out of the courtyard and i was engulfed by a crowd waiting to get into the masonic hall for concert that was due to start an hour later.

i ask the young couple standing next to me. in a moment, the situation changed completely. it became intimidating as people behind and around started shoving and pushing forward. living off the sidewalk and spilling into the road. little by little, we shuffled ahead and we ran into an even more dense crowd which was people surrounding a ticket scalper. at this point, you couldn't walk with your own volition. you have to work -- what with this -- walk with the crowd. i looked around for some

security people because i live to recount what had happened not just for myself but because it was a very challenging experience. it would be for any elderly or frail person. there were no security people there. it appears the conditions of approval -- malia cohen? -- may i go on? right. president miguel: thank you. >> good afternoon. i would like to raise -- read portions of two letters, two boats that were taken at the coalition. the coalition is made up of over 45 neighborhood associations. it has applied for membership in

amortization and that is how we heard about this. we did hear about this even though previous to that. we took this matter to task. we felt it was critical for the nob hill area. and after reading a portion [unintelligible] to the department of alcohol beverage control. the coalition opposes the granting of such liquor licenses as applied for by avatar and five nations -- live nation.

we strongly oppose this project and the granting of the liquor licenses. another letter, we urge the board of supervisors to uphold an appeal and deny the issuance of the resumption by the planning department to exempt from [unintelligible] the proposed renovation construction. we ask that you deny a permit. >> good afternoon. i represent local 16. i have worked for the last three years during different events for 0 live nation and for local

16. as a stagehand, there is a great protocol presented to us in terms of adherents to any sort of noise made in loading in or out of concert. we put mats on the concrete to make sure that any case is the role of the trucks do not make any unnecessary noise and waking up patrons as we normally load early in the morning or when we are loading at a concert between 1:00 a.m. and 3:00 a.m., those amounts are put down and great constraint, pains are taken to make sure those cases do not wake up people in the neighborhood. we take great pains to make sure those cases do not make noise. the concern is the residents in the area. it is my hope the panel enables

live nation to continue and i am sure that as live nation continues, the concerns of the residents will be addressed and a greater understanding will be reached in terms of its cultural importance to the city as well as to the revenue of the city as well. thank you. president miguel: thank you. >> good afternoon. i live in 1329 clay street. i oppose what the opposition is doing. i favor the new construction being proposed at the nob hill masonic center. i represent the silent majority in my neighborhood.

in favor of enhancing and modernizing the masonic auditorium. i am of the motto, live and let live. share the neighborhood and coexist. i urge you to separate the facts from fiction and truth and realize that this is an historic building and we need to keep it open for events. i have attended in the four years i have lived in the neighborhood, i have attended close to 20 events. that place makes me happy. it makes a lot of people happy. people leave with a lot of excitement and feeling good about themselves. i wish the energy that deposition had devoted to putting the place out of business or restricting the use of the auditorium, i wish that energy was diverted toward a good cause and something

constructive. something positive that would help the community. i can only imagine the money that was devoted to fighting the masonic auditorium. i am in favor of the plans to enhance the auditorium. i support live nation in what they bring to the community. thank you. president miguel: thank you. is there additional public comment? if so, please step up. >> i have lived here on the hill when these buildings were built. and we spent a lot of time discussing all the good and all the employment opportunities with avatar.

the type of venue they want to bring, the absurdity of the number of bars they want to put in, and i want you all to realize that i have lived here, i have gone to most of the events. i have seen the traffic jams, but that does not impede the neighborhood as the danger of allowing this whiskey. the whole issue is the liquor. traffic could be handled by cordoning off while they are waiting and so forth. but if you sell the amounts that -- and they are only interested in, if you take away their opportunity to sell the amount of liquor and the number of bars, we have done very well with two bars. we do not need 10.

we do not need the whiskey. you take this opportunity away and they will walk away from the situation because they're only in there for one reason. we do need entertainment. it is a gorgeous building. i was here when they build it. when you put that number of bars in, you are creating a giant saloon in this area. when you get young people buying whiskey that maybe their parents would not allow them to have because nobody is supervising and it is very difficult to supervise the number of people, or get all these things that you can in a small bar. by the way, we have loads of bars on the hill in the old hotels. we do not need an infusion of this kind of alcohol. by allowing it, you are going to

endanger the criminal activity which is not really criminal. they do not even know what they're doing. i have walked the dogs in that part for most of the years i have lived there. i saw what can happen when there is a drunken person or somebody under the influence of something walking into that park at night. i am not asking to take advantages away or -- allowing these people to have all this liquor served up to the public and the public may be many people under age. there is no way you can get elected -- an adult to buy four drinks and other bars, you have no idea what you are creating by

allowing this. so please, do not let all these employees of these venues, which i appreciate, i think they need their jobs, but avatar can give them jobs elsewhere. not serving alcohol. thank you. that is the only thing, that is the crux of this situation. you'll get the city into deep trouble. when the first incident happens, and the city does not need any more trouble than a house. it has many things to solve. this is not one of them. you be very careful about who you allow, or what company. i do not know -- care what they're called. president miguel: eour next speakers.

>> good afternoon. i work for the property group that owns the buildings at 1045 and 1055 california st.. the company has owned them for more than 80 years. this is the crocker garage. i worked there for quite a long time. i have several buildings that have doormen, many of them work in the evening and work at night. the reports i get is over three years specifically, they have had a lot more incidents of alcohol causing related problems after shares. when they had jazz events and graduations, this was not an issue. since they had more concert,

this is an increasing problem. the residents of our buildings have said on nights they have concerts', they do not dare go into the park and they avoid the streets and being out as much as possible. it is a concern to us. we're not against them having advance but we consider what is happening there with the alcohol and the intensification of what was done and we would like to see a return to what was done prior to live nation. president miguel: before anyone else comes up, please do not stand on that side of the room. it is a fire hazard. please take a seat or line up on the other side of the room. >> good afternoon. my name is robert barney and i reside at 10 miller place. i'm the president of the nob hill association, representing an excess of 800 residents of

nob hill. the association has been representing these neighbors since 1928. first, i would like to put on the record the following issues. the department has not treated the representatives of the nob hill association with fairness by entering a access to public records. i myself, having served 12 years as an elected official in this city have been dealing with public records on a regular basis. i deplore the actions of this department. i have recited three blocks from the masonic temple for the past 40 years. during those years, i have attended lectures, concerts, and graduations. i know from personal research that the summary of the evening

of dance in the conditional use application is grossly exaggerated. in the number and classification of events. this planning department is negligent in exercising its independent judgment, additionally, they recommend this commission increased that inflated number by 25%. this action is inconsistent with the history of the facility. members of our association and myself have spent hundreds of hours scanning the masonic temple website and multiple historical sources of print media at to determine accurate evidence of events presented. [tone] president miguel: thank you. >> i would like to submit for the record the items i could not cover in my presentation, this

document. thank you. >> good afternoon, commissioners. i may reside at 1170 s sacramento street, about two blocks of the venue. i have been a resident of nob hill for 20 years. in 2011, we found out from a submission that the masonic temple had submitted a new conditional use application to continue the historic uses under the planning code. except for the abc hearings, the neighbors probably would not have been informed of this application until it was published in newspapers or the mailing of the notice 20 days before the hearing. i must state for the record that when it comes to an application from the masonic temple, the neighbors receive less information than an application for a rear deck addition.

the planning code section allowing the continuation of the historic uses specifically states that there should be no expansion. based on planning code section 185e, the applicants representation of the expansion of the historic use, and the department cu notice stating that there is no expansion. based on this, the nob hill association, the novel coalition, me, and other neighbors advise the planning department we were concerned with the department and commission are arriving at an accurate definition of historic use. i have attached a copy of the notice. i was shocked to read the staff went on in recommending a 25% increase in the number of of events under some bizarre planning code interpretation. we now have the definition of

the department say the special use district is a neighborhood commercial district. i hope the neighbors would be treated more fairly at this round of hearings caboclo it comes to the masonic temple, the department has thrown caution to the wind. [tone] president miguel: thank you. >> i would like to submit this. >> good afternoon, commissioners. i live one block from the masonic temple since 2002. i'm familiar with the number and size of events, noise levels and and times. i helped prepare the -- i helped prepare the exhibit in the submission. vents were categorized by type and double checked and we noticed canceled concerts. analysis showed 31.5 live evening events per year, which is substantially lower than those listed in the number of events provided by the masons.

that includes four lectures and education events, 1.75 charity events and one amateur talent show. you cannot add small size events at a lower level and trade shows to the number of evening entertainment events. the impact on the neighborhood from weddings, proms, graduation ceremonies, examinations, citizenship and events that start and an early have a significantly lesser impact on the neighborhood when compared to the number and type of evening entertainment offense contemplated by this application. therefore, i urge -- entertainment events contemplated by this application. they are incorrect and using figures and that would be an intensification. historic uses are diverse and include ethnic and specialty concert and performances. neighbors welcome and consider the diversity and a trickle part

of the historic use of nob hill. thank you very much. president miguel: thank you. [renames] -- [reading names] if i have college name, come up. it does not matter the order. -- i have called your name, come up. >> i represent a number of residents in hearings before the state alcoholic beverage control. furnished documents submitted at the hearing and those are exhibits 2 and 3 to the letter -- in a letter to the commission dated october 19. i also furnished catering permits and those were attached to the letter as exhibit 7. i furnished copies of the testimony before the abc which

was submitted as part of the record here. he claims his client is seeking a conditional use to operate at masonic as it historically has as no enlargement. the review of the application reveals that is not correct. there is no evidence -- even for sold out, maximum capacity shows. all records suggest a maximum of two bars. no evidence was offered at five bars was a historical average at the masonic and he admitted under cross-examination he did not know the exact number of bars that any show. there is no basis to authorize any more than two bars. there's never been a permanent liquor license for the masonic presence. to issue a conditional use for liquor license and there never had been one of would be an intensification of use. the masonic has only had one day daily licenses, when they catering permits or temporary permits.

in the letter, certain temporary permits are referenced since 2010. those are temporary in nature and not a type 47, as he indicates. its five permanent license, nor does it create a right to a permanent license. these were issued only after the city issued a conditional use permit in march of 2010 and were based on a conditional use permit. that permit on which they were based has been vacated by the superior court and that was based on -- was not based on 185 and therefore not limited to historical uses. this is limited to historical uses. finally, he asks to leave this issue in the hands of the abc and that is incorrect. section 105 requires the city, not abc, not to issue a c.u.p. and that includes not allowing an increase in the number of bars.

based on that evidence in the record, for the city to allow more than two bars would be an intensification that would violate this and would allow license when there never has been one and that would be an enlargement in violation of 185e. it should be limited to two bars and 1-8 daily permits and limited catering. president miguel: thank you. you have already spoken. thank you. just leave it there. thank you. >> good afternoon. i live at 12 01 california st., within 300 feet of the masonic. i have participated in all of the previous proceedings involving the temple. when the notice arrived of another conditional use hearing, i was not particularly concerned because the notice said the

request for conditional use authorization to continue the non-conforming entertaining use of nob hill masonic and to continue the operation of the food and beverage usage within the center. i have no objection to continuing the existing news or historic use, but then, when the application found out a little later that what they are really asking for is far more than existing use based on historic data. rather, the applicant and his staff had to the number of evening events, things like senior high school proms, fashion shows and by mixing apples and oranges, i believe they have managed to grossly overstate the historic use in that evening events. then the staff added another 25% to that number