and you have granted that you are willing to stipulate jurisdiction. that pretty much closes that off. if any of you want to make a comment, if it is very brief, we will entertain it. >> all of you received my link the request in writing, so i did not feel the need to go there today. but i do believe that next g is out of compliance with their permits. >> thank you. submitted? director goldstein: yes, it is submitted. president garcia: comments? commissioner hillis: i anders

and the neighbors' concerns. i would move to grant both requests. president garcia: thank you. i'm not sure that was her intent. i think she was talking up ranting jurisdiction on 156. and the appellant would have an opportunity on that anyway because there will be notification on the new permits. ibacks item she was talking about 145. >> she stipulated 145. >> 145 was brussels. >> 156. 156 is a moot point, but it is still unclear to me if they -- if it is still active president garcia: i think it is expired. >> i do not understand why is even before us if it is expired. commissioner fung: permit #145

located at 644 morse street was an approved permit. what happened was that next g is stipulating that they agreed to jurisdictional request for that is a vacation. the other location is 145, which is at 43 bustles -- 43 brussels. that expired because they failed to renew in a timely manner. it will have to go three reapplication process, which will undergo article 25. i'm not sure what the commissioner's decision is on this given that the permit has expired. it is invalid. president garcia: under article 25, all the things they are requesting have to do with notice. at that time, when they got the

notice that this was going to happen, then they would be able to file anyway. but it is still your choice as to what -- commissioner hillis: i would have to vote to either accept or deny its jurisdiction request on an expired merriment -- expired permit. if it is moot, i would just accept the jurisdiction request. >> there are two jurisdiction request. you can make a separate motion for each of the permits. it sounds like the board is inclined to grant jurisdiction on the one that is denied, and not the other. president garcia: your first motion applies to morris, which would be 10wr-0145. director goldstein: and that is on the basis that the permit holder has conceded that to

juror -- jurisdiction. cracks on that motion, with respect to permit -- >> on that motion, with respect to permit number 10wr-145, president garcia. commissioner fung: before you vote, may i make a short statement? i am willing to go along with that vote, but the brief and what has been presented does not give me the issues i would normally consider to be pertinent to a jurisdiction request. president garcia: for the benefit of the requestor, it might pay to listen to that comment, because i would agree with that comment, but i'm going to vote yes on the motion. director goldstein:

commissioners, shall i can sit -- continue with the roll call? vice-president hon-- vice presit hwang: aye. commissioner hillis: aye. commissioner hurtado: aye. is there a motion to request? commissioner hillis: i will motion to grant the permit. president garcia: how would you describe the different between as granting jurisdiction and not granting jurisdiction, and they would still have the opportunity to lay the file. which is simpler for the department and which is simpler for the requestor? or is there a difference at all? director goldstein: i think there's a difference a few grant jurisdiction over this expired permit, and an appeal is expired, it does not touch the new permit that would be filed.

they would have to file an appeal separately on that new permit. commissioner hillis: which they would have to do if we denied jurisdiction request, right? but if the permits expired, i do not understand why even if we approved jurisdictional request today we would ever hear of this again if there is no valid permit. president garcia: what might create more confusion, too, to grant jurisdiction unexpired permits that would to be allowed the processes however they would happen. vice president hwang: the jurisdiction requestor is in the room. if there is any question of places, this is the time to get it clarified. if it is expired and there are no issues, then the jurisdiction requestor would not take an

appeal. president garcia: you cannot speak from there. >> i do not think the officers would accept an expired permit appeal. >> i would suggest a continuance just to look into that. i think there's a question as to whether the board can take jurisdiction. president garcia: if far more elegant solution would be for us to vote not to take jurisdiction. >> i would agree with that. we were not aware that this permit has expired. i was not aware that next g had responded to the request. if you deny the jr request for the brussels street vacation, then those property owners have opportunity for the process to

get to unfold. they will have the opportunity to respond. president garcia: thank you. commissioner hillis: with the caveat that i still do not understand why i am voting on an expired permit. president garcia: do whatever you are most comfortable with. commissioner hillis: i withdraw my motion. president garcia: and i would make a motion that we deny jurisdiction on brussels for the reason that there has been a technical glitch. the permit has expired. now they will have to go through article 25 procedures rather than 11.09b. notice will be given to whoever lives within a certain radius of that particular installation. vice president hwang: aye. commissioner fung: aye.

commissioner hillis: aye. commissioner hurtado: aye. that motion carries -- director goldstein: that motion carries 5-0. we will move onto item #5, appeal number 11-145. it is appealing the denial on december 14th, 2011 of the mobile phone for to lead permit for the sale of african coffee, exotic teas and sweets. application no. 11mff-0111. you need to speak into that microphone. >> b i t guy told me to speak with this. >> and we need to have the corte switch to the other microphone. are you ready with the seven

minutes? >> yes. >> excellent, please begin. >> thank you for allowing me to talk about might permit and are wrongly denied a permit. >> state your name for the record. >> absolutely. i am shasha lewis, the owner of exotic coffees and teas. >> -- president garcia: use that platform over there and rotate the microphone and you can use the equipment and rotate back. now move the microphone closer to yourself, if you would. >> this one? president garcia: there you go. >> my name. shasha lewis, the sole owner of exotic coffees and teas. i specialize in a specialty coffee only grown in africa.

i worked with dpw to put together at the permit. and in doing so, i was informed by dpw that it was appealed. i went to a hearing and the hearing determined that i have like food. i completely disagree with that. i did it go and interview each business that was a restaurant and asked them specifically if they have like food, coffee beans or tee boxes that they sold. and all of them said no. i'm not quite sure why my permit was denied. it specifically says in the ordinance, "like food shop take into consideration the ethnicity of the food and the composition of each menu, as well as other issues if it is appropriate.

but if a conflict of like food exist -- for example, a coffee cart should not affect a traditional diner just because it awful -- also offers coffee on the menu. while a hot dog cart could affect adversely restaurant that sells sandwiches. with my card, i am a seller of coffee beans only, and tee boxes, that are african. -- tea boxes, that are offered in. i do not see that being offered. i do awful -- also provide brewed coffee and tea. but i do not see how it will conflict with a pizza restaurant, or a sit-down restaurant. i'm not in front of anybody is

building. i'm not competing with anyone directly near me, or within the 300 radius. i would like for someone to consider what i did when i first started this process, which is, i did set myself up with a representative from dpw to design a business that did not fall into the light category -- like category and did not impact any bodies business in a negative way. and i think i did come together with that business. the fact that i serve coffee and tea, i should not be denied a permit because of that. because my primary business is the been for my country's, and for my continent. i do have as evidence, if

necessary, every single business in my 300 mi. radius -- president garcia: 300 ft. >> 300 ft., thank you. whether or not they had african coffee beans or tee boxes for sale. they said, no. many of them did not have any specific type of coffee that they were pursuing, and many served lipton tea. thank you. do you have any questions? president garcia: i'm sure i do, but i will wait for others to respond. commissioner fung: miss the was, what is the size of your card? >> is about two and a half feet by 5 ft.. commissioner fung: and as i understand it, you are asking for 6:00 a.m. to 3:00 a.m.? >> i was asking for 24 hours,

but at the beginning of the process, a dpw representative went to the police department and came back with a modified time, and i agreed with that. that was the time that was published in the noi and we went forward with it. but i had originally asked for 24 hours. in retrospect, we will probably not use all those hours, only because it is completely dead in the area. from that standpoint, the hours are not set in stone, but we did request 24 hours. and the police department on the 20th, prior to the noi, came back with the modified time. the dpw person talked to me

about it and i agreed to modify my time, and we went forward. commissioner fung: the last question is, you indicated you had a considerable amount of expenditures for this. did you purchase the court already -- the cart already before you got the final permits? >> i had to. that is why i was trying to get a hold of somebody at dpw to make sure i was not going to make a mistake in that, in purchasing the cart, the card itself is very expensive, especially with the rights are rights of the health department. the health department would not allow me to get the health permit without seeing the car. even though i went to the health department initially with a layout of the cart and all of the dynamics before purchasing, the health department said they had to see it before they could issue the permit. i called dpw and told them that

this is what i needed to do and if there was any problem, anything in the way, tell me now. they said to continue, and i did. and they gave me the permit. president garcia: since the question had to do with cost, what are the non-recoverable costs. let's say, you were given a permit some routes, are there any -- somewhere else, are there any non-recoverable costs that you are aware of? >> yes, sir. president garcia: you can just tell me there are and -- i don't need exact figures. >> yes, there are. i had to partner with a business that is currently operating a food-service business. i had to purchase inventory. president garcia: i'm not being argumentative. if he were to set up somewhere else, the inventory would still

be salable. i get a better way to ask the question is, if you had to move, are you paying for the site that you are currently seeking, and you would have to go through a process where you would have additional new costs? >> yes, sir. i would have to start all over going back three the permit process, going back through the expense of the noi, getting the addresses, which themselves cost $3,000, having to mail them out, which is another four hundred dollars. and it goes up from there. president garcia: since i have you, i will keep asking my questions. i hope i will be forgiven for that. what else is in your cart beside coffee and tea? >> we serve coffee and tea, and we have some sweets that are available. i think it is otis spunk minor. president garcia: some pastries.

cracks not really pastries -- >> not really pastries. they're just -- i think it is two muffins. we only have them more for just looks, because we are not really selling the muffins. that is why we have eight more the instant. we're just taking them out and putting them there. that is if somebody wants coffee, they can also get a muffin. president garcia: this will be my last question. do you happen to know the with of the sidewalk where you want to set up? >> yes. president garcia: what is it from curb to wall? cracks this location is within the wicked -- >> this location is within the with the of the ordinance. and my car is also within the width on the sidewalk.

that was determined at a time with the dpw staff. -- i had of time with the dpw staff. in my notes i do have the coffee cart. president garcia: the idea is that you are within compliance. >> oh, yes. i am within the permitted -- in- line president garcia: required pedestrian space on the sidewalk. >> yes, i am, sir. >> i just have a question. you served tea and coffee? >> yes. >> what percentage of sales to the beans and boxes account for?

>> they represent about 90%. >> can you tell us why did you choose these locations to operate? >> i was at the last processes of the permit when it was at the police department, and i paid for everything, and i was told i had to wait. my coffee appeals to tourists. the reason is the quality. it is similar to blue mountain,

it is part of what would appeal and what is unique and what is not like food, so all of those came into consideration, so looking at seven different locations, it was determined between dpw and i this would be the best location to encompass everything. >> did you do any out reached discussions with fishermans wharf? >> in retrospect, after i took a look at the people who appeal my permit, out of the nine people, only one was a

restaurant. i was not expecting that, and i did do out reach. the reason we left this week is because we wanted to partner with other businesses in the area and showcase what they hadn't, because our product is not that quality. we have spoken to several businesses to be a tourist director. you should go here, or youvo d this. >> would you operate both of these facilities independently, or would you moved from one to the other? >> they are completely independent. >> when you currently operate,

do you use the carts to operate anywhere else? >> they are for these locations. >> you do not need to have a special permit to allow you to use someone's after within a certain radius? >> yes, i do, and i did receive the bathroom permits. >> if there are no other commissioner questions at this time, we can hear from the department your good -- from the department. >> thank you. >> the location that is under appeal is 27 01 taylor street.

the department received a permit to operate from 12:00 a.m. until 3:00 a.m. on various days and from 6:00 a.m. until 12:00 a.m. at the same time, so it appears based upon their request it wasn't till 3:05 every day. we are required to inform the police department of this request. they did respond back in the affirmative. at that time we received multiple objections. the department established a hearing on october 19, 2011 to your the objections relating to this permanent based upon the

testimony from merchants and from the applicant. it was determined there were many situations where similar foods like coffees and pastries were being served. therefore, the department denied this permits based on the concept of light foods in the immediate vicinity. there were some suggestions that the department directed the applicant to take certain action. our process has always been to process the request and not necessarily to establish a business plan for a merchant, which seems to be suggested here. listening to the appellant, it appears she was unable to collect whesufficient informatin

in the health care permits. the law is very specific as it relates to this. once the department of public works has gotten through this process and there is no issues as it relates to food or other facilities, the department will wait for approval. the applicant has 90 days to work with the health department. the city's business tax group would require a certificate. the department would then finalize of permits. this was to provide an opportunity for an applicant to secure a location prior to the purchase of any equipment that would be needed to run their business. i have been informed by staff

suspect there remains outstanding fees that have yet to be paid -- by staff that there remains outstanding fees and have to be paid. we will collect one half of the total amount of fraud. we will collect the rest of the fees at the conclusion of the decision. good further, that the applicant was required to provide cost. there are current back fees associated with this. we will continue to work on these, but at this point the applicant has not paid those. from a prospect perspective, we did provide notification. we did hear objections. based upon notification

provided, they do serve coffees and sweets. we believe they took the appropriate action on this permits. goowaxman you do not have all te requirements in the language that would apply to it -- >> you do not have all the requirements and the language that would apply to this, of the appellants talked-about ethnicity. was that taken into consideration. it is stated there is a pastry shop set nacelles pastries. it was the fact that her coffee is unique. give was not taken into consideration we did was that taken into consideration? >> she believes the type of coffee is unique, but based upon the