it's one of the few places i take my parents to in all of san francisco. they're very conservative, needless to say so if i went to any other bar, i know there's something crazy thatight happen, i can always guarantee i show up there, nothing crazy would happen. and the noise level, after about midnight, i'm actually there reviewing notes, having my one glass of scotch before i go to bed, and that's -- i mean, anything ee i y would be repea of what everybody else said. the consensus is we love this place and we hate to see anything bad happen to it. thank you very much. >> thank you very much. any other public comment? >> good evening, commissioners, it's getting late so i'll try to make this brief i'm an outreach specialist that was hired so i did talk to mohammed over at his health enough to welcomme in sit me down and tell me about the concerns and issues that he had because he's lived there a long

so i thi lot o what this man's gone through is from behavior issues.and some ofe however, i took down notes and i told him tt a lot of e issues that he had were not necessarily related to entertainment permit. at the same time i went back to the owners and said look, in order to be a good neighbor, a good -- i'm going to leave after this thing and you guys are going to have to live with each other so the best thing to dois to address these issues, work towards a positive you'reoi to beeibo and there are inherent issues when you have commercial usage and residential people living and everythi. so we typ up a bunc of concessions and conditions and offered them double-pane window and offereto remove the signage in the back because of aesthetics. those were things that were important tom. some of the otheissues we told him we'd address but weren't necessarily related to this commission or the commission. of this

another neighbor, do, larry resnick and spoke to larry who also lives backere. rry stasically went over a lot of the same issues mohammed had. he like double-paned window, too, if mohammed didn't like the window but we put it in mohammedwants at, the owners are going to make a financial commitment to him to try to alleviate anyes most -- the sore issues for music is not necessarily coming from the bar. it's people that go out to the patio and sometimes ifthey're talking, you know, he lives right next to it and there's no -- whether you have a tent or a soundproofing and the back yard is on the table. in regards to the police dertment, i spoke to officer manix and he said he would like 10:00. i said well we're goingtok for 12:00 and i think part of the solution here is to maybe

condition the owners to maybe haveeofei staff back in the patio from 10:00 to 12:00. sometimes signage may not be miful and respectful but having a staff member back there should solve that issue so 12:00 is i think where it needs to be. i stointof . foation from you. >>. saidou dealt with >> can he see into the bar from his home? >> can he see into the bar? >> from his home. because i might have misunderstood him. i ought he said hischildren can see into the bar and see people drinking or is he talking about the patio? >> he's -- he told me that he wasn't happy with the signage on the fence or something, let's say maybe a logo of a beer company or something of that nature, and those signs were removed. >> and -- they were removed? >> removed. >> did you have a conversation and did you install double-pane window in his house? >> we put that offer on the table and the offer stan.

if he wants them, they'll commit up to, i think $1,500 to $2,000, whatever is in the offer sheet to him. and the offer was emailed, also, to larry,o he saw the conditions. >> can he see into the bar if the door is closed from his windows is my question? >> i don't know. you probably should ask him. >> thank you. seeing no more public comment, public comment is closed. ms. kane, i have one question for you. a tv on the patio, is our -- is that our purview? do we do anything with tv's? >> commissioner, current amplified sound from almost any device that can amplify sound but it's not part of the permit in front of you tonight. >> so if they had a tv on the patio and they turned the sound on they would be in vials of their permit?

>> no, they would be -- they could be cited for not having the proper permit. >> ok, again, thank you. i have one -- ok. commissioners, discussion? motion? >> caniaskuestioth applicant? >> shoot. ki us, the good neighbor re policy, you guys understand that, right? >> yes. >> here it says that you hoer sllrovide cel one number to all interested neighbors that will be answered at all times by a manager or other responsible person who vome rpotootheity toadjus cola wheneve entertainment is provided. >> actually, i have given them my business card with my phone number to any neighbor that asked for it and that is not a problem. >> including the folks here today? >> exactly. >> i would offer -- i mean, mr.

mohammed has been in the bar and talked with the owners previously as well. >> ok. thank you. >> excuse me, commissioners, i don't have a -- i want to make sure you have the right facts while you decide. while you have the applicants up there, you might want to ask them about your questioning and about outreach because i think the first speaker might have misspoke about saying there was no outreach. >> there was outreach. >> was that on your part or his part? >> what i'm saying is i've spoken with that person several times over the last couple months. there has been outreach. >> so when he says there was no outreach that was incorrect? >> there actually was outreach. we'dade attempts to contact him at the vitamin store. i went over there and spoke givee a call, it was never returned, and i have spoken with mr. resnic as well. i've attempted to alleviate any problem.

we really do try to reach out for our neighbors, if there is an issue, i want to squash it. i don't want it to continue to fester. i want it toresolve itself. we have been making great strides in that effort. >> they're here now so you might want to -- >> i'll give him my card. that is not a problem. >> thank you. >> i have a question, too. >> go ahead. >> we d a thing in our bind they're says blackthorn's application. it shows i think some agreements between mr. mohammed and yourself. were those implemented or is this just a proposal? it looks like -- >> that's an offer to them. >> it's an offer? >> it's an offer. >> he has it in his hand? >> they havetaccepted it but we'd like him to look at it and would put those as part of the conditions if it applied, if applicable. it's a good faith offer. the beer signs and stuff like that have already been removed. we've already made --

>> like the double paining of the window. >> that offer has been made. coitions, item number 11 says this permit shall be void immediately if used in se. vi oanwfulth any illegal ms. kane, correct me if i'm wrong, police do not have that kes e motiyovetoevertionnes decide whether or not to keep all of the police conditionas some o theon't to us. like theawnier it doesn't apply to us. d liketo entertain a motion

for this permit, please. somebody? >> i motion for this permit only because it shows that the new owners seem to be a lot more responsible than the previous, taking more steps to work with the neighbors, and that's very important. so i make a motion to -- >> you want to adopt the police conditions? >> actually, i like the police conditions, obviously the ones that are not in their jurisdiction. >> so can you -- is your motion that you move to approve, including the police conditions except for number four, nine, and 11? >> exactly. >> ok. that's the motion. is there a second? >> second. >> we have a motion and a second. >> commissioner tan? >> aye. >> commissioner perez? >> aye. >> commissioner lee? >> aye.

>> commissioner cavallini? >> aye. >> president joseph? >> aye. good luck. be good neighbors. no applause. exit quietly. thank you. ite 7-b, malik aslam, doing business as jack in the box, 4649 geary, please be quiet on your way out. thank you. ms. kane. i'm sorry, mr. kane. >> suggest at the start the meeting the applicant handed me some additional information for the file and you're seeing that now. it's just feet as of signage that was -- i'm not sure honestly if it was recently installed or already installed. i'll let them speak to that. those are going around. since we have a new commissioner for the first time tonight and only the second seating of another commissioner, i'll start from the beginning and explain how we got here. i'm sure you all know jack in the box. it's a fast food service

restaurant and this is an application to offer it between 2:00 a.m. and 6:00 a.m. this item was continued from our january 10, 2012 hearing at the request of the applicant in conjunction with neighbors and supervisor eric mars' office. the stated reason was to give the management opportunity to attend a community meeting with neighbors, and that meeting did happen last week at richmond station. the politic -- the applicant was present and supervisor mars. until recently jack in the box was a 24-hour restaurant at 26 -- 4949 geary and have been there sense the 1980's, probably longer. to date the applicant has had several inspections that have already been completed, including talking with s.f.p.d., inspections the fire department, the department of health and a signoff from

planning to say that the use is permissible. sfpd has proposed specific conditions designed to address concerns, in this case the recommendations are, number one, at least one security guard with a guard car shall work between the hours of 10:00 p.m. and 4:00 a.m. every day. number two, employees shall pick up and dispose of litter left by patrons including in the parking lot and at on adjacent sidewalks. number three, provide light to illuminate the street, parking lot and adjacent sidewalks. number four, the permitee shall provide sufficient toilet facilities that will be made available to patrons at all times that is open within the establishment. they also will make sure the adjacent sidewalks are not blocked or unnecessarily affected by patrons or employees and shall provide security whenever patrons gather outdoors. thislso is a requirement for installing security cameras and

actually think are already there, maintaining security cameras indoors and outdoors, adhering to the posted occupancy. i believe fire has arrested 49 persons total. that's for the staff and patrons. i think there are 18 seats indoors. jack in the box find these conditions acceptable. i'll let them tell you if i've misspoken on that and in fact they've adopted many of them prior to coming to the entertainment commission. as you know, the conditions that you add are most useful and effective when the complaints are specific and when there's a nexus between some negative behavior and the operation of the business. in this case, not that many of the complaints have been specific and related to the business operation between 2:00 and 6:00. so far our concerns expressed

include, quote, nuisance, noise, litter, and crimes that drain police resources, quote. of course these are valid concerns for the entire neighborhood in general and residents do have legitimate concerns of our neighborhood safety and many expressed the neighborhood has too many bars, too few police, and too much noise. but it's difficult to see how these concerns are spesket to the 2-6 hours operation of this business nor have been been supported by evidence. even when the complaints are supported, as you know your practice is to mitigate the issues, not deny the permit. i say this because you have a hick stack of signatures for anyone asking you for denial of this permit. just a few more things before i conclude. some facts you might want to consider is, again, of course everyone in the world has a right to comment on this proceeding.

but many of the signers to the petition, it's unclear where they reside. many are around the venue but many are also around glenn park, pacific heights, diamond heights, san mateo, walnut creek, the addresses are from all over the place. the venue has 18 seats. and s. fire has approved it for an assembly of 49 persons including staff. the proposed condition as requiring one city guard which would lead to a ratio of about one guard per 18 or 20 people. just for everyone's knowledge, for nightclubs, our requirement is one guard for 100 patrons and when we have concerns about a venue, sometimes we raise the ratio and say we require one guard for 50 patrons at bars and nightclubs. 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. eople are here to speak cani on jackin the bo gotoitclud the presentation by the applicant. i'm going to limit everyoneto item. e 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. 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 siness owner and

operator, but we've gone above and beyond and implemented safe recommendations and will imimplement captain sanfors 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 alsogoing to patrol the security. that's 1.5 for every patron. again, wre 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 permitinjuly 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 recoded 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 goodneighbor 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 to 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. i'm also 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 beenie the first is the restaurant's small size. if you've not seen a restaurant. i know, commission caer 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 occupancyshouldon be 18. that's the last condition there. and i think even 18 whenpeople are intoxicated is imposing. the code 1060.5 states you nust reject the application if the building cannot accommodate the type ofvicle and pedtrian 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 hured 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 the sidewalks. you'll have 18 people in the restaurant and more people on the sidewalk. the conditions can't be met. the second 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 that occurred in the lt two years which contradicted what we heard at the cpap. t of the 37 incidents, they do include albert bar tell who is the marine an 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 meeting, i want to thank you for coming out to the richmond district meeting and participating analso commissioner anaconda who is residents.sten to the and you saw first hand how the heard from each of the 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 ck in ebo e street from 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 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 oeure that people can buy hamburgers and french fries? you're lking two security guards possibly on weekends. wrong with this picture.ng it's the hour of operation. and that's reallywt is at 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, you have two minutes. >> hi, i'm a neighbor of jack in the box. myte bedroom window is just above their parking lot. since they avebeen closed between 00nd 6:00, i've had not been awakened at night like i usually am i haven't had trash on my step or jack ineboxatro continuing their party on my stoo it'sbeena 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 hat they're understaffed with occupied protest? what are we too forall the problems with these people, the urination on your porch, leaving 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 itnd 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 medicationfoa couple years, you know, for trauma for this. the kids are drunk and violent

an, you know, you can't say anything to them. you can't confront them ifyou 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 beingere 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. kahnas been very helpful and we are proposing a compromise. 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 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. . . . the inner richmond.'t a year ref -- 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 boar supervisor come in and talk about negation. i think it is important that the medications that have been discussed be implement, 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 policearenocncy,nofire if the police said 18nde fire department sai