tv [untitled] January 23, 2012 12:48am-1:18am PST
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established in making this business flourish in the mission district. i have spent my entire adult life spending 99% of every dollar i ever earned supporting local businesses, especially family-owned businesses. it's very difficult to maintain a presence here and we have an alarming rate of loss of small businesses, especially where restaurants are concerned. this is an honorable family, commissioners. this is one that you can support. this is a family that the neighbors should be able to speak with and talk with because they are in a position to resip row indicate. they have been there when the community needed them. it's a type of business that i'm always asked to bring people from out of town to and we want to make 24th street flowish. this is an integral part of our community and ask for your support for this family-owned
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business and i thank you for your attention. >> commissioners, i'm brook oliver and entertainment attorney in san francisco. i'm not representing casa sanchez in this application but here as a neighbor and a resident of the mission district. i have compassion for the neighbors who are experiencing inconvenience because there is music but it is acoustic music. and it's almost always during the day. and casa sanchez is a community institution. you can see the number of neighbors that are here supporting this application because it provides so much joy. and so, you know, it's a matter
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of policy that you have decided to offer limited live entertainment permits. i'm sure as you did that, you recognize there is a balancing of the interests between the neighbors and the people who enjoy music and the small businesses that want to have that as part of their facilities. and casa sanchez is a restaurant. it's not an entertainment space. so it meets the first criteria for getting a limited live entertainment permit. casa sanchez always ends its performances and will continue to end ilingts performances by 10:00 p.m. the live performances do not include d.j.'s but local musicians and the area of space occupied by the performer is less than 200 feet. so all of the elements that are required to get this permit are there. and more than that, casa sanchez is one of the best neighbors anybody could ever have.
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people come here and need a taco or encilada and it's been happening for 90 years. i beat each of you have casa sanchez chips or salsa that you have eaten and i urge you to support this permit and to pass it with deference and respect. commissioner newlin: thank you. got the message. >> i'm from the network of local businesses and there is a bond between the local businesses and the people that live in the mission and spend time and money there. i'm speaking in favor of the permit. casa sanchez is a wonderful business, a wonderful pillar and beacon of the community. the person who spoke against the permit talked about respecting the wishes of the neighborhood
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and i have been listening here tonight and i feel the neighborhood speaking very clearly that the neighborhood wants this. the past year, the mission has gotten quieter, there is a wonderful business that went under and it was a wonderful -- pillar of music in the community. all kinds of musicians and all kinds of records and no longer with us. and i think that in their absence, the business that has gone and taken those is casa sanchez and brought the musicians and the community craves it for and brought it back and live and people can enjoy it. in terms of the music going too late, the music is going between 1:00 and 6:00 and i'm going until 5:45. i have not noticed it going late and i have heard many residents and residents of the community
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talking about the fact that they love the music, they love the business and valued member of our community and i urge to support the permit. >> is there anybody remaining who wants to speak against the permit who hasn't had an opportunity to speak? we are hearing the same thing over and over again. if i could ask for a show of hands of everybody that has not spoken, but is in favor of the permit. ok. that says a lot. ok, if it's ok with you to keep us from being here until midnight -- [laughter] >> unless somebody has something absolutely that has not been said by somebody else, we'll take this item under submission. ok. thank you. commissioners. >> to staff, i want a clarification on limited live on doors and windows, is doors and
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windows permitted open? >> they are supposed to be closed. >> and you have a lot of paper tonight, might need some sheparding, on this item look at the proposed conditions from the police department. >> i don't have that. i looked through my paperwork. may i borrow yours please. >> read it into the record so everybody is on the same page. >> i couldn't find that -- commissioner newlin: let's get it so everybody hears it. the police department recommends the approval -- has no objection provided that there be at least one security personnel for 75 people attending the events and one security guard present at the opening time at each and every event sm the security personnel shall remain until one half hour after the closure of
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each day. security staff shall walk 100 foot area around the event to assure the safety of patrons and local businesses. the event shall be limited to the interior. the back patio will not be used for entertainment or performance. no noise shall be audible. if sound complaints are received and delivered, the applicant shall immediately turn down the sound level to an acceptable level agreed upon by the sfpd. privileges of this permit may be suspended at any time by the direction. loitering is to stand about, wandering aimlessly is prohibited on any sidewalks adjacent to the licensed premises. nono person shall be allowed to enter or be served alcoholic beverages in the area under control of the licensee and
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shall be escorted from the area. that is from the captain of a mute -- mission police station. >> to staff, a couple of other things. am i incorrect in saying only we can suspend a permit? and no police officer can do that? ok, and is a permit is required to have security? it is not. but it is required that the doors and windows that we discussed. i would like to make a motion. president newlin: let's see if any other commissioners have. >> i can make a motion. >> the good neighbor policy applies. it says that the permit holder should provide a cellphone
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number to all interested neighbors that will be answered at all times by a manager of -- or other responsible person to respond to the complaints whenever entertainment is provided. how will this applicant announce the phone number? president newlin: could you come back up to the podium? you have heard these comments and requirements from the mission where your neighbors have a self on and that they can request the music turned down. are you aware of all of that? you are willing to abide by all of those stipulations? >> at the patio we have a birthday party is where kids comes in. -- kids come in. >> another question to staff is although entertainment is
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entertainment, when done outside, where does, like for a birthday party, i don't understand the fine line between the first amendment and entertainment that has to be permitted. if they have a party outside and there is no music, and that is free speech. >> that is correct. >> if they had an acoustical guitar, does that fall under this permit? >> this covers the interior only. if she uses her back patio with amplification it requires a loudspeaker permit from the staff. that is a separate permit. she has people outside on the patio, and that is not a question being considered for this commission but you might
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want to clarify if she says per se party, what she means so there is the same communication. >> to you have music? >> sometimes they will have a boom box. >> is that considered amplified music? yes, it is. all right, so --- president newlin: you would need a separate permit. >> what about poetry reading stacks -- readings? >> we cannot stipulate to the type of entertainment. the only thing we can do here is conditioned on time, place, and manner. that is what we're discussing. if she has entertainment outside
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and it has amplification it requires a loudspeaker permit. >> i hear you. bear with me, this will take a second to formulate this motion. i moved to approved the limited supply of -- limited live and strike the conditions of mission station with regard to security , that the office can suspend their commission or the staff sneeze to walk -- staff needs to walk. this approval is for indoors only and does permit in no way it addresses any outdoor entertainment or entertainment
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on the patio. that is my motion. >> you mean non-amplified entertainment. can you restate that? >> this permit does not address entertainment on the patio. whether it is amplified or otherwise. it does not cover the patio. it only covers the interior. >> i want to make sure that everyone understands a boombox is amplified entertainment. you cannot have one of those outside. >> that is correct. amplified sound. we use entertainment so lot. the amplified sound is required to be permitted by a loudspeaker permit. >> you have to have your doors and windows closed, for this permit.
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all of your windows and doors have to be closed. all of the sound must be contained? >> yes. it requires the containment of sam. -- sound. commissioner joseph: you have to announce it. >> if that is true, hopefully we will have better relations with the neighbor as a good representative. i would hope that it takes to start because i would hate to see a community cornerstone take themselves down. with regard to their patio, would you suggest that she comes in has a conversation with you about how and in what manner she
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could possibly use her patio? >> she is welcome to come to our office to the clarity. she will probably be coming shortly to obtain a permit. we will definitely work on a communication with the neighbors and do the best that we can. >> i would like to support the comments of commissioner hyde that there is a balancing act to have to implement to keep people who leaked -- love your establishment. i did not hear any unreasonable people that are requesting unreasonable concessions in terms of their quality of life. it is all on you. if you're going to be successful you have to get them the cell phone numbers and be on top of
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the issues and work with them. hopefully you will have a successful venue. we want to take a vote? commissioner perez: aye. commissioner joseph: aye. president newlin: aye. ok. [applause] good luck. ok. item g. >> could you all leave quietly? >> onur ozkaynak. >> in january 2011, the entertainment condition granted a permit for 260 kearny.
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the limited the power of entertainment and to invite to the applicant to return in one year to reevaluate it if he chose to. one year later, here he is to ask for an amendment. >> hello, everybody. i had my permit for the entertainment last year around this time. i have been having live music within the limits you gave me. i have not had any issue or complaints. people afterward have enjoyed a the live music. i do not want to be a club. i just want to offer live music.
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now my hours are limited. i can have music from four o'clock 30 to 7:30 on the weekend -- 4:30 to 7:30 on the weekend. sometimes my customers would like to book my venue for birthday parties and they would like to have music. several times i had to deny them. i would like to have my options open not to say no to my customers. and give them whatever they want. >> can you be specific about which powers would be changed? >> my hours i am not going to change but summertime i might push it one hour later because
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of daylight savings. for instance, on tuesday or wednesday, if they want to have a dj, i would like to have that option. my permit allows me to have them twice a month. i only had a dj three times last year. i would like to keep my options open. >> de you have a presentation? >> a small comment. i have worked with oz in the past and he has come up with a good business plan and it seems to be taking off. i know he wanted the entertainment permit revisited. one of the things as far as
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central station, we're not saying we are opposed to the change but we want specific, what the specific requests are. we would like to be able to know what he would like to do. so i can do my due diligence with the community. his establishment has not been a problem. i look forward to working with him. rather than have a decision tonight as far as a change, we would like to have central station and the community to look into it. i can do my due diligence and come back with a recommendation. >> it sounds like what we have is everybody is in favor of your operation. you would like to have the flexibility to expand over certain restrictions you are now facing. but they have not been defined.
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is that correct? >> right now, -- i am not going to gift -- disagree but he is limited to entertainment until 7:30 p.m. sunday through thursday. the other conditions about how many times a month djs are allowed, i do not think that is something the government can tell him. president newlin: is their proposal? >> i did revisit to the videotape to see and you did say that but it was not added to the permanent because it is not illegal. -- permit because it is not legal. president newlin: are you
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looking to restructure your hours? do we have his request? >> thursday, friday, saturday night i would like to have music until 1:30. president newlin: it would just be occasionally? >> yes. president newlin: everything else stays the same? >> during summertime, i would like to have the option until midnight. it is going to be jazz or blues. nobody has been disturbed. president newlin: this would be sunday through thursday? >> yes, please. >> this is to staff, why was
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this permit limited in its powers during the wait if there was no residential dec-- l? >> there is residential adjacent to the space. and that is currently under construction. what is going in there in the future, i do not know. >> to you know what is being built? >> they are not meeting the requirements so they had to evict all the tenants. >> are they building residential deckl? >> all construction has been halted due to asbestos.
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president newlin: that answers that. officer mathias, what to you feel about his alteration of the hours? >> i would like the opportunity to look into it and do our due diligence to see how the community feels about it. commissioner joseph: how long have you been operating under these restricted hours? you have had one year to look into it. >> if there is a change, as i said, are passed with -- our past with oz has been good but without looking into the other community groups -- commissioner joseph: did central station received a copy of this?
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>> there were no specifics as far as changing the hours. it was more to look into it. commissioner joseph: staff? did central station receive a detailed copy of this permit or not? >> they received a request -- >> we have to know. things can fall through the cracks. the applicant should not be punished for our mistakes. >> there was not a specific request about which hours you would like extended. he wanted to revisit the permit, the conditions. commissioner joseph: would you consider a continuance of your permit to give officer mathias' a chance to speak about what you want? oz?
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hello? >> i do not know why it is an issue. next door has music on saturday until 1:00 a.m. i do not see any problem why i should not have it. president newlin: officer mathias'? >> just restating what i have stated. i would like to go back and speak with mike captain. -- my captain. see how the committee feels and reiterate we have had not -- we have not had problems. i have not seen any reports out of next door. >> we have had some sound complaints from the residents of that building we were talking about earlier.
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it is almost all empty. we have had some complaints and the occasional something. overall -- again, that is not oz. president newlin: they have never had a problem. >> we have never had issues. president newlin: i think if we put him on a restriction for a year and he has done everything we asked for, i do not see any reason why we cannot extend the new proposal and then revisit it if it is a problem instead of bringing everybody back here. any more comments? >> i am going to say working there with the neighborhood as much as i do, i feel like the north speech neighbors are invested in their neighborhood and it would be great if you could come back in two weeks because i just to see this as
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something they could cause a problem. we just had a lot of issues. i think that the more outreach, the more connection you can get with neighbors, the better. i think it would be better for oz and the neighborhood concerns. if the officer believes that is something he needs, and i would tend to agree with that. commissioner joseph: how is your business doing? >> it is good. i'm trying to put my name out. i have to stop the music at 7:30 and i get customers at 8:00 and they get mad at me. what kind of business is this? commissioner joseph: thank you. >> two weeks is not going to be
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>> when i applied for the permit, i sent a letter. >> of the new extended hours. >> 3 33 bush street has been coming to my place. they have been enjoying the music. i have been trying to do the best thing for the community. >> to do they know you are planning on extending your hours? >> i got the notice posted on my window. they passed by my place almost every day. also, if you grant my
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