applicant. is item. to limit everyoneto 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 a 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. tryi 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 siness owner a operator, but we've gone above and beyond and implemented safe recommendations and will imimplement captai sanford'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, that's about one security guard for every -- or the shift manager is also goin 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. >>e it quick.

>> supervisor recoended 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 happ. the key word there is "potentially." if you're going to reference the data which the ricond 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 toe 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 nowgoi toen nobody else, right? i'm now opening this to public comment.

hi. and you have two minutes. >> yes, thank you. myame 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 shoebox, 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 shou on 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 ofvehicle pedtrian traffic that is contemplated when operating the business. i was on e cpap who wanted to deny this permit and the reason why, we were told about a red trons 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 should not be congregating on e sidewalks. you'll have 18 people in the restaurant and more people on the sidewalk. the conditions can't be met. e seco reaso 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 at 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-iq 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 th meeting, i want to thank you for coming out to the richmond district meeting and rticipating and also commissioner anaconda who is residents.sten to the heard from each of the d you neighbors including two bars, the would youbelieveand the hertz across the street from jack in the box and you heard from the motel that was on the coer across the street from ck in thebox. 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 toeure 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 really wha 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, i'm a neighbor of jack in the box. myastebedroomwiow is just above their parking lot. since they havebeen 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 eboxatro continuing their party on my stoo 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 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 i st live arou the corner. i was wondering, what's going to be done foris area? i mean, are we to put it on the police departmentt they're understaffed with occupied protest? what are we to do forall the problems with these people, the urination on your porch, leg e trash, and, you know, i had a coupleyears ac 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 myca he kick as dent in my car. the other guy tries to climb in my window. i close it and cal 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 medicationfora couple years, you know, for trauma for this. the kids are drunk and iolent , 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 too.you fear what they're going the police, you can call them but they might be there two or whatrewe to do?er. >> 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 hn bee very helpful and at mr. we are proposing a compromise. it said in the papers and all

these places we want to deny a peit. 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 down 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. . . . >>ichael>> i wasn't a year resef the ier richmond. -- i was an eight year resident of the inner richmond. i am familiar with this establishment. it was on the previous agenda get three different permits of extended hours. obviously, he is trying to create business. that is whata sinessperson does. but at the same time, the

community has to worry about the impact it has on the community. when you have esupervisor come in, which usually does not happen, to come in and talk about a particular business, there is real concern. usually, we donot see a boar 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. to thi issue of deccan the box? e policears ocncy,nofir

if the police said 18ndthe fire department ai9, fire department wins. it does not matter what the they donot set occupancy in the officeoore that was the working capacity when i called. vice chair joseph:at iei seating cacity but still "-- a total occupancy including staff is 49. hereasbeprocs 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 i also a lot of talk about litter and urition in

e area o yoattributeat, to the best of your knowledge -- is that attributed to e patrons of jack in the box? isthera homelespolation 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 vice chair 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.all atays that there is a high frequency of al regarding crimeocrrt or near jack 6:00.e box between 20 and

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 very important. hereas been lots of mention -- jack in the box does not peleot tbedranight help certainly not as strong when they get in their cars. commit -- police conditions, orpeal, think late-ditions.

latight foobetwee 2:00d:0 and 4:00 is very important, especially for people coming out ot for them closing coer it would be between 00 and:00. certainlyno 4 does anyone else have further discsion? pot of theconcentration between 2:00 and 4:00. people are looking for an alteate place tot atis affordable. there are many already. affole -- it is unfortunate. state, ieati there asncisc 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 loto ccessio a chaes if the place is shut down, it is quiet. at the same time, we have a responsibili toe people that do patronizesome 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 e applicant is willing to put his money where his mouth is and in s i woulliketo see, if only this does go through, that you would use ight ifsecurity and not corporate security. night life security knows how to intoxicateple that are alittle 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 soan 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 see it as a major problem, even though they are may be short staffed. supervisor mar is stepping up arcurityand having ext the applicant wants to pay that. i do not know how much you can if you n afford that, whatever you can do to help the community. we 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 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 serier perez:ye vice chair joseph: to clarify you are moving to approve,re

applying the police conditions, superviso'conditions, and the additional condition that e streetof litter around their venue. commissioner perez:and e same nehbors 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 at friendly amendment? commissioner perez: i do. vice chairjoseph: 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 chaijose the applicants said they were going to do that on their own. aryo clear now?itio 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 wehave 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 andplace 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 --