the presentation by the applicant. onis item. limiteveryone to 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 tt we have implemented the entire safety plan, not only are we a responsible siness owner and operator, but we've gone above and beyond and implemented safe recommendations and will imimplement captaisanford's recommendations and we have follow-up security on the 31st and also reviewing supervisor mas 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, at'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'sossible somethg 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. >>e it quick. >> supervisor rrecoded 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 therichmond 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'mowgoi top nobody else, right?

i'm now opening this to public comment. hi. and you have two minutes. >> yes, thank you. vice president josep myame is christopher willow, an attorney for shift harden and represent two organizations opposed to this. m also resident that live as block from the restaurant and i can assure the staff that spoke that theseconcerns are nonspecific is wrong. there are three reasons why this should be denie the first is the restaurant's small size. if you've not seen a restaurant. i know, commissioner lee, you were out as well as the other commissioner, commissioner hyde. the restaurant is a shoebox, less than the size of the bench you all are sitting on. it's about249 square feet. i heard that the occupancy was 49. well, the police conditions say the occupancyshouon be 18. that's the last condition there. and i think even 18 when pele are intoxicated is imposing. the code 1060.5 states younust

reject the application if the building cannot accommodate the type ofvehicle and pedtrian traffic that is contemplated when operating the business. i was one cpap who wanted to deny this permit and the reason why, we were told about a ndred patrons would be expected. now, you can just contemplate most of these people will be on the sidewalk the othe condition captain sanford said was that folks the sidewalks.congregating on 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 marineanex-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 meeting, i want to thank you for coming out to the richmond rticipating an also commissioner anaconda who is residents.sten to the and you saw first hand how the heard from each of the you neighbors including two bars, the would youbelieve and e hertz across the street from jack in the box and you heard from the motel that was on the corner across e street from in thebo all were saying the same thing. that since jack in the box has been closed at2:00 a.m., the

neighborhood had a -- has been 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 eure that people can buy hamburgers and french fries? you're lkg two security guards possibly on weekends. wrg with this picture.hing it's the hour of operation. and that's reallywat issue. the hour of operation between 2:00 and 4:00, i think there is consensus among many people who 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, i'm a neighbor of jack in the box. my maste bedroomwiow is just above their parking lot. since they havebeen closed between 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 theboxpatrons continuing their party on my it'sbeen 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 ck 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 fois area? i mean, are we to put it on the police department t they're understaffed with occupied protest? what are we too foall the problems with these people, the urination on your porch, leg e trash, and, you know, i had a couple yearsac 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 is mycar. he kick as dent in my car. the other guy tries to climb in my window. i cle it and call 911. he then takes a barricade with

the flashlight and rows i through my window and luckily the police came within a couple minutes. the call did get through. i was on medicationfora couple years, you know, for trauma for this. the kids are drunk and iolent an, 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 atrewe to do?ater. >> 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 been very helpful and it said in the papers and all

peit. places we want to deny a we've never wanted to deny a permit to mr. kahn. 2:00 to 4:00 because we feel like it would really assist in the security of the down lot of e problems. i just want to be clear that is what we would hope for. thank you very much. >> thank you. next speaker, please. . . . >>ichael>> i wasn't a year resif the ier richmond. -- i was an eight year resident of the inner richmo. 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 whata siness person

does. but at the same time, the community has to worry about the impact it has on the community. when you have thesupervor come in, which usually does not happen, to come in and talk about a particular business, there is real concern. usually, we donot see aboard supervisor come in and talk about negation. i think it is important that the medications that have been discussedbe implemented, the neighborhood concerns, the supervisors' concerns, if this is to go forward. vice chair joseph: thank you. any other public comment? seeingnone, public comment is closed. thank you for sticking with us. officer moore: no problem. to thi issue of deccan the box?

e policears ocncy,nofir if the police said 18 andthe fire department said9, fire department wins. it does not matter what the police said. they donot set occupancy in the officeoore that was the working capacity when i called. vice chair joseph:at iei seating capacity, but still "-- a total occupancy including staff is 49. herebeprocs 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. officemoor the majority wase by jack in the box. here is also a lot of talk

abt litter and urination i e area o yoattributat, to the best of your knowledge -- is that attributed to the patrons of jack in the box? isthereaomeless poputi around there? do you have any idea? there is a large homeless population. i would say the majority of the trash in the area is from jack in the box. vice cir joseph: are there other restaurants in the area that are open late at night? a donut shop? same area, but in the richmond direct -- richmond district. office moore: we do not. ats that there is a high frequency of cal regardi crimeoccurrt or near jack

6:.the box between 0 d fficermoore: 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? miione, frointof view, late-night food in the ci is ve important. here been lots of mention -- jack in the box does not serve up a whole. peleot tbedre atnight helps certainly not as strong when commit -- police conditions, orpeal, ink late-on

latht foobetwee 2:00a and 4:00 is very important, especially fo people comi out ot for them closinga. coider it would be between 4:00 a certainlyno 4 does anyone else have further pot of theconcentration between 2:00 and 4:00. people are lookingfo an alteate place tot at affordable. there are many already. affole -- it is unfortunate. state, iti there ascisc

well. my brother and sister lived around the corner. times have changed, obviously. nightclub owners have stepped it up. ccessio a cngesmake a loto if the place is shut down, it is quiet. at the same time, we have a resibili te pele that do patronize some of the businesses, even the bars across the street. whether theygoere ornot, they have a chance to go and get some coffee as well. with that, and because it is an istitution, and because applict is willing to put his money where his mouth is and have extra security -- my only ing s i woulliketo see, if this does go through, that you would use ightifesecurity and not corporate security. night life security knows how to handle people that are alittle

toxicate it helps keep the noise down. securi 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 thereare soany

motions, i propose the latest one to the security situation, the one at superviso 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 see it as a major problem, even though they are may be short staffed. willg tobe there. they are supervisor mar is stepping up arcurityand having ext the applicant wants to pay that. i do not know how much you can if you caafford that, whatever you can do to help the community. also,we there wethat 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 keepthe 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. ith e seriuas.ereye vice chair joseph: toclarify new,elpiwi-- iknowouar

you are moving to approve, applyingth police conditions, supervis'conditions, and the additional condition tt e streetof litter around their venue. neighbors should call thesame 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 coitions. 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 toclose 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 friely 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 ofcertain 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? the chaijose applicants said they were going to do that on their ow aryoclear now?ditio 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 isto 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 agea.

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. the our guard card carriers. -- they are guard card carriers. i am proud of it. and i am so excited to be in san francisco. any questions? vice chair joseph: i am just glad we have a bowling alley again. we have not had one in years. commissioners questions? no questions. have a seat. i open up to public comment lucky streak -- lucky strike, 200 king street. is there any public comment? stefano, are you standing because you are going to make public comment? it is not. seeing none, public comment is closed. commissioners, i entertain a motion. mr. king, call the rollbacks