the proposed operation of this business complies with the health, zoning, fire and safety requirements of the city. nothing suggests the proposed business can't adequately accommodate anticipated vehicle and pedestrian traffic. no evidence indicates the operation we'll mitt noise, dust and odor that will interfere with the peace and enjoyment of the neighboring properties. and the proposed conditions and security plans adequately address the safety of persons and property and provide for the orderly disbursal of individuals in traffic. and finally, no unresolved citations for this venue and for those reasons rerecommend approval. >> thank you. because of the hour and can i have a show of hands of how many people are here to speak on jack in the box? ok. i'm going to limit, including the presentation by the applicant. i'm going to limit everyone to two minutes. on this item. so applicant, you go first.

>> hi, good evening, commissioners. commissioner tan, commissioner perez, commissioner joseph, nice to see you again and commissioner lee, commissioner cavellini, thank you for hearing us again. so since last -- the last hearing a couple weeks ago we did attend the public meeting that supervisor mar had on friday and would like to thank him for having that and that was a really important process for us to hear the neighborhood as residents' concerns personally and i've taken that back to my client and we've discussed that. trying to make this within two minutes. let's see here. as you've heard from nicholas king and the entertainment commission, there's two parts to this, procedurely and process. what you've heard is that we have implemented the entire

safety plan, not only are we a responsible business owner and operator, but we've gone above and beyond and implemented safe recommendations and will imimplement captain sanford's recommendations and we have follow-up security on the 31st and also reviewing supervisor mar's recommendation of doubling up on security. in addition to that my client here, mr. kahn, as has also volunteered in closing outside dining, offering free coffee. and no one mentioned this yet but we're also going to increase security on the holiday weekends and the night before the holiday. so if you're talking about security, that's about one security guard for every -- or the shift manager is also going to patrol the security. that's 1.5 for every patron. again, we're not a bar, we're not a club, we're not serving alcohol. we do want to manage our

premises, pick up the trash and be a good neighbor and just be responsible for in the neighborhood and we've extended our hand an told the merchants and residents there. also of interest, we've been in operation since the 1980's, i think it's of known interest, people should pay attention, in 20 years we've not had any active complaints until now. and for whatever reason that is, also, in the c pad members requesting a permit in july and august and in october they had no complaints then. it's possible something political is going on in the background, regardless we're here to comply and be a good neighbor. >> thank you. commissioners, any confess of the applicant? commissioner perez? >> i have a quick question. >> make it quick. >> supervisor mar recommended

that you stop your operation from 2:00 to 4:00. how do you feel about that? >> thank you for asking. 2:00 to 4:00, as can you guess, is our higher volume of sales. i under the residents' concerns, that potentially the time when most of the trouble is going to happen. the key word there is "potentially." if you're going to reference the data which the richmond district police department provided, there's no strong correlation between the incidences happening that hour to our store. regardless, how can we prove we'll be a good neighbor and implement the safety plan if we're not given a chance to be open between 2:00 to 4:00 and we'd like to implement the safety plan and maybe be reviewed later if something does happen. >> thank you. all right. so i'm now going to open -- and nobody else, right? i'm now opening this to public comment. hi. and you have two minutes. >> yes, thank you. vice president joseph.

my name is christopher willow, an attorney for shift harden and represent two organizations opposed to this. i'm also a resident that live as block from the restaurant and i can assure the staff that spoke that these concerns are nonspecific is wrong. there are three reasons why this should be denied. the first is the restaurant's small size. if you've not seen a restaurant. i know, commission canner lee, you were out as well as the other commissioner, commissioner hyde. the restaurant is a shoe box, less than the size of the bench you all are sitting on. it's about 249 square feet. i heard that the occupancy was 49. well, the police conditions say the occupancy should only be 18. that's the last condition there. and i think even 18 when people are intoxicated is imposing. the code 1060.5 states you nust reject the application if the building cannot accommodate the type of vehicle and pedestrian

traffic that is contemplated when operating the business. i was on the cpap who wanted to deny this permit and the reason why, we were told about a hundred patrons would be expected. now, you can just contemplate most of these people will be on the sidewalk. the other condition captain sanford said was that folks should not be congregating on the sidewalks. you'll have 18 people in the restaurant and more people on the sidewalk. the conditions can't be met. the second reason is the criminal statistics and we have a big disagreement. officer moore went back and looked at the statistics and said there's only 37 incidents, most are fights that occurred in the last two years which contradicted what we heard at the cpap. but of the 37 incidents, they do include albert bar tell who is the marine and ex-iraq veteran who sits in a coma in sacramento because he was founded by a fight at jack in

the box. >> next, please. >> commissioners, commissioner lee, staff that came to the meeting, i want to thank you for coming out to the richmond district meeting and participating and also commissioner anaconda who is left to listen to the residents. and you saw first hand how the neighbors came together and you heard from each of the neighbors including two bars, the would you believe and the hertz across the street from jack in the box and you heard from the motel that was on the corner across the street from jack in the box. all were saying the same thing. that since jack in the box has been closed at 2:00 a.m., the neighborhood had a -- has been safer. the corner is quieter, the people can go to sleep. the crime statistics bear that

out. there have been only one call to that intersection since the incident -- since the jack in the box was closed. if we consider what is being proposed, how many security guards do we have to have to operate at that hour to ensure that people can buy hamburgers and french fries? you're talking two security guards possibly on weekends. clearly there is something wrong with this picture. it's the hour of operation. and that's really what is at issue. the hour of operation between 2:00 and 4:00, i think there is consensus among many people who spoke and many people who have come forward that the hours of 2:00 and 4:00 seem to be the most problematic and they'd like to see, as supervisor mar suggested those hours remain closed. thank you. >> thank you. next speaker, please. anybody?

hi, you have two minutes. >> hi, i'm a neighbor of jack in the box. my master bedroom window is just above their parking lot. since they have been closed between 2:00 and 6:00, i've had not been awakened at night like i usually am. i haven't had trash on my step or jack in the box patrons continuing their party on my stoop. it's been a much nicer, better environment. thank you very much. >> thank you. any other public comment? ok. one at a time, guys. you have two minutes. >> a lot of the problems -- they're addressing security at the jack in the box restaurant itself. but the outer area where the people will park because

there's not enough parking is a lot of the concern, also, from -- i'm one of the people that signed the petition. i just live around the corner. i was wondering, what's going to be done for this area? i mean, are we to put it on the police department, that they're understaffed with occupied protest? what are we to do for all the problems with these people, the urination on your porch, leaving the trash, and, you know, i had a couple years back there was a kid headed to the jack in the box, i see him walking on the top of my car. on the hood of my car. i went, what are you doing? i said it's my car. he kick as dent in my car. the other guy tries to climb in my window. i close it and call 911. he then takes a barricade with the flashlight and throws it through my window and luckily the police came within a couple minutes. the call did get through. i was on medication for a

couple years, you know, for trauma for this. the kids are drunk and violent and, you know, you can't say anything to them. you can't confront them if you don't like what they're doing, they're eating on your porch and you fear what they're going to do. the police, you can call them but they might be there two or three hours later. what are we to do? >> thank you. next speaker. >> hi, i'm suzanne fry, i'm a neighbor in the residence, in the richmond district. i appreciate you being here and listening to this again. i think you heard most of it before. i do just want to say that we have been working for over a year on this situation that mr. kahn has been very helpful and we are proposing a compromise. it said in the papers and all these places we want to deny a permit. we've never wanted to deny a permit to mr. kahn. we simply ask he close from

2:00 to 4:00 because we feel like it would really assist in the security of the neighborhood and in calming down a lot of the problems. i just want to be clear that is what we would hope for. thank you very much. >> thank you. next speaker, please. . . . >> michael>> i wasn't a year ref the inner richmond. -- i was an eight year resident of the inner richmond. i am familiar with this establishment. it was on the previous agenda that the owner was trying to get three different permits of extended hours. obviously, he is trying to create business. that is what a business person does. but at the same time, the community has to worry about the impact it has on the community.

when you have the supervisor come in, which usually does not happen, to come in and talk about a particular business, there is real concern. usually, we do not see a board supervisor come in and talk about negation. i think it is important that the medications that have been discussed be implemented, the neighborhood concerns, the supervisors' concerns, if this is to go forward. vice chair joseph: thank you. any other public comment? seeing none, public comment is closed. thank you for sticking with us. officer moore: no problem. vice chair joseph: can you speak to this issue of deccan the box? we all understand the fire department sets occupancy, not the police department. if the police said 18 and the

fire department said 49, the fire department wins. it does not matter what the police said. they do not set occupancy in the city. officer moore: that was the working capacity when i called. vice chair joseph: that is their seating capacity, but still "-- a total occupancy including staff is 49. there has been a process note here about 37 incidents at jack in the box over two years. is that correct? officer moore: between the hours of 2:00 a.m. and 6:00 a.m., yes. vice chair joseph: who made the calls? officer moore: the majority was by jack in the box. vice chair joseph: checking the box made those calls. there is also a lot of talk about litter and urination in the area. do you attribute that, to the best of your knowledge -- is

that attributed to the patrons of jack in the box? is there a homeless population around there? do you have any idea? officer moore: there is a large homeless population. i would say the majority of the trash in the area is from jack in the box. vice chair joseph: are there other restaurants in the area that are open late at night? a donut shop? officer moore: it is not the same area, but in the richmond direct -- richmond district. vice chair joseph: you get calls from them? officer moore: we do not. vice chair joseph: i have a note that says that there is a high frequency of calls regarding crime occurring at or near jack in the box between 2:00 and 6:00. is that true or false? officer moore: that is false.

vice chair joseph: i guess that is most important question. i wanted to know if that was true or false. commissioners, do you have any questions for the police on this issue? thank you. commissioners, from my point of view, late-night food in the city is very important. there is not enough of it, for sure. there has been lots of mention made to people being drunk. obviously, and checking the box does not served alcohol. -- jack in the box does not serve up a whole. having food late at night helps people not to be as drunk, certainly not as strong when they get in their cars. there are tons of conditions for this applicant -- police commit -- police conditions, supervisor mar's conditions. for me personally, i think late- night food between 2:00 and 6:00

-- late-night food between 2:00 and 4:00 is very important, especially for people coming out of the bars in that area. i am not for them closing between 2:00 and 4:00. if there was going to be any mitigation that i would consider, it would be between 4:00 and 6:00. certainly not 2:00 and 4:00. does anyone else have further discussion? president newlin: i see the point of the concentration between 2:00 and 4:00. people are looking for an alternative place to eat that is affordable. there are many already. jack in the box is an affordable -- it is unfortunate. when i went to san francisco state, i was eating there as well. my brother and sister lived around the corner. times have changed, obviously. nightclub owners have stepped it up.

we have had to make a lot of concessions and changes. if the place is shut down, it is quiet. at the same time, we have a responsibility to the people that do patronize some of the businesses, even the bars across the street. whether they go there or not, they have a chance to go and get some coffee as well. with that, and because it is an institution, and because the applicant is willing to put his money where his mouth is and have extra security -- my only thing is i would like to see, if this does go through, that you would use night life security and not corporate security. night life security knows how to handle people that are a little intoxicated. it helps keep the noise down. i do not find a corporate security can handle such things. that is just my opinion.

with that said. vice chair joseph: there has been also some mention of patrons between 2:00 and 4:00, which would make it 25 patrons an hour. i have heard that. at a meeting, they mentioned there would be 100 patrons. their table space is to seat 18. the occupancy is 49. that is my only other thing that i noted in the comments. commissioners, i entertain a motion on jack in the box. commissioner perez: one more thing. since there are so many motions, i propose the latest one to the security situation, the one that supervisor mar --

vice chair joseph: and the police commission -- conditions. you are moving to approve? commissioner perez: on those conditions, yes. vice chair joseph: you are moving to approve with the conditions? commissioner perez: if we have to go this route, which i think is fair, police obviously do not see it as a major problem, even though they are may be short staffed. at the same time, they are willing to be there. supervisor mar is stepping up security and having extra guards. the applicant wants to pay that. i do not know how much you can make between 2:00 and 4:00. if you can afford that, whatever you can do to help the community. also, sweep the areas. we do that at our club. sometimes we go all the way down the block. you are just like us now. vice chair joseph: are you

adding to keep the streets clean? commissioner perez: can that go on there? i am new at this. >> does that motion include that the jack in the box is closed between 2:00 and 4:00? commissioner perez: the existing that i saw, the one from a supervisor mar -- >> he said he wanted it closed. commissioner perez: i am sorry. i am talking about the police motion. >> -- vice chair joseph: the police recommended that they stay open between 2:00 and 4:00. police recommendation. commissioner perez: yes. with the security guards. vice chair joseph: to clarify your motion -- i know you are new, so i am helping with this. you are moving to approve, applying the police conditions, supervisor mar's conditions, and

the additional condition that they clean the streets -- sweep the streets of litter around their venue. commissioner perez: and the same thing. neighbors should call the manager and say there is somebody sitting on their stoops, eating a sandwich. make those calls. vice chair joseph: that is part of the good neighbor policy, which is 13 additional conditions. that is your motion? commissioner perez: that is my motion. vice chair joseph: is there a second? then we can do friendly amendments'. there is a motion and a second. i am tired. commissioner hyde: you want them open from 2:00 to 4:00? vice chair joseph: is that your motion?

commissioner perez: 2:00 to 4:00 with security. this motion right here. vice chair joseph: can i see that? commissioner perez: this is the one i was reading off. am i right or wrong? vice chair joseph: 7 days a week. 10:00 p.m. to 4:00 p.m. commissioner perez: -- 10 a.m. to 4:00 a.m. commissioner perez: yes. vice chair joseph: that is your motion to close at 4:00? commissioner perez: my motion is to close at 6:00. commissioner cavellini: i would like to make a friendly amendment that the conditions at the sfpd have provided, along with supervisor mar, be

implemented, but the hours be extended only until 4:00. vice chair joseph: that is a friendly amendment. you can choose to accept it or not. it is up to you. commissioner perez: you are saying until 4:00? commissioner cavellini: if you need food coming out of certain establishments that close at 2:00, it seems you could get out of there by 3:00. but it could go until 4:00. vice chair joseph: do you accept it or not? commissioner perez: i do not. commissioner hyde: can i make a friendly amendment? cleaning the sidewalks, can we say 50 feet from the boundaries of the lot? vice chair joseph: do you accept that friendly amendment? commissioner perez: i do. vice chair joseph: are you the second? you except it, obviously. -- accept it, obviously.

>> just to be clear, you are also including supervisor mar's recommendations? vice chair joseph: yes, minuses hours of operation, obviously. ---his hours of operation, obviously. there are police conditions that they keep the streets clean. commissioner hyde: did he say second guard on saturdays and before holidays? vice chair joseph: the applicants said they were going to do that on their own. it is not a condition. are you clear now? is everybody clear? ok. call the roll. commissioner perez: aye. comissioner lee: aye. commissioner cavellini: no.

vice chair joseph: aye. it does not carry. did you say no? it does not carry. we have to entertain a different motion. the motion did not pass. you need a quorum of four yes notes for it to pass. commissioner cavellini: a motion to approve the extended hours with the sfpd conditions and supervisor mar's conditions, but only operating until 4:00 a.m. vice chair joseph: is there a second? commissioner hyde: second. i take that back. you are saying stay open until 4:00 and clothes from 4:00 to 6:00? vice chair joseph: do we have a motion and a second? >> is that with all the conditions of the previous motion? commissioner hyde: i was assuming. vice chair joseph: do not

assume. commissioner cavellini: i will accept the friendly amendment. vice chair joseph: and with the conditions of the police and supervisor mar, is what you said, and the friendly amendment of cleaning 50 feet. the motion on the floor is to grant an after-hours permit until 4:00 a.m., accepting our good neighbor policy, police conditions, the supervisor conditions, and to sweep the area within 50 feet. commissioner perez: no. commissioner lee: aye. commissioner cavellini: aye. vice chair joseph: aye. motion passes. next item on the agenda. please leave quietly, folks. i appreciate that. steve foster, doing business as

lucky strike, 200 king street. nicklaus, you are up. >> lucky strike is a bowling alley and place for parties with burgers and games. it is at 200 king street. an important note for the record -- this is strange for us, because the address is not under the jurisdiction of the planning department. lucky strike bowling alley use is allowed under the mission bay north redevelopment plan, specifically designated as the mission bay north retail. it allows entertainment which includes amusement, nighttime entertainment, and theater. we recommend approval. vice chair joseph: is the applicant here? come on up, lucky strike. i used to be a neighbor. part of my club was 54 king street. it is now a condo building.

>> my name is stephen foster. i am the founder of lucky strike. with me is our administrative director. for those of you that are not familiar with the high end bowling of venue, it has a top quality restaurant and bar. we take our role seriously. we were the first one in hollywood in 2003. since then, we have opened 20 of our locations around the united states. we are involved with our community. we take pride in our food. and in pretty much everything we do. we probably have 5 million guests over the year threat united states. we almost never have an incident. when we do, we are collective. our management staff are highly trained professionals. trained professionals. the our guard card carrie