this location. he wondered if we might be able to reach out and find a solution. we find out the franchisee and invited him to speak with us and he implemented changes like lights in the parking lot and a security guard on the weekend. i am concerned about a couple of other issues which is that 1000 people, more than 1000 people verify to live in the district, it is very hard to get even 50 people together. 1000 people feel that this place is a problem after hours. the captain thought this was a problem. supervisor mar ask for a continuance of a decision so that he could reach out to the neighborhood. he did that. we had a community meeting at

the police station. residents came as well as some bar owners, motel owners that supervisor mar invited. they said that since and the close of the jack in the box, they said they were glad that it was closed. supervisor mar thought they would support the small businessman that they said they had problems with the jack in the box patrons causing problems for their patrons, problems with them urinating on the building. it is not just residents. it is business owners as well. supervisor mar had not recommended it be closed. i came into the second meeting. he said he was recommending that it be closed. it is in the record.

nobody i have spoken to, we were all stunned no one asked for or recommended that the closed. we have never recommended a permit be denied after hours. there is a safety issue. we want to close when the bar is let out because we are concerned about a serious incident happening. i do not think security guards need to sell tacos. that tells you we have a problem. >> next speaker. >> i am a richmond district resident and a member of the community advisory board. i want to reiterate what tracy west, my neighbor, has said. i could repeat her words but she basically spoke for me. sue and i sit on the advisory

board together. this came to our attention by the commander when he was captain of the richmond district station. we worked in conjunction with our police officers. we work with our officers and with our captains to try and address community issues and problems. we are mr. kahn's neighbors, not his enemy. we have never asked him to close his business. we only ask, after gathering the evidence, and that he close from 2 a.m. to 4:00 a.m. i think that got lost. also, i wanted to say that we

did not initially addressed the 24 hour opening or permit issue when he first came into our meeting because we were not aware he was out of compliance. we operated on good faith with him, thinking everything was in order. i want to thank you all for your time and attention. i would encourage you to support our neighborhood and what we're trying to do. >> if you have not handed in your speaker cards, we would appreciate it. >> could evening. i was representing other clients while these cases were taken. i have been following this one and reading it in the press. i wanted to reiterate that i believe that supervisor mar did

not support the after hours. however he understood it would go before the commission and their consideration and he put their terms in in the event it passed. that is how i understood it. i am an advocate for having food available late, provided the environment is safe. what happened here is the isolated case got into the papers and magnified it and it became everyone's attention. everyone took a look at it. every major city has food that is open late. people work in the hospitality industry need to have sustenance. the question is, is there a public nuisance at this location? i do not believe there is a pattern that supports that data.

in reference to commissioner garcia, and he said haori managing people? let's -- how are you managing people? if you have 18 seats in your occupancy is 49, if i am coming there, if there is a seat available, if not i usually go and eat in a car or i go home. i do not know if the intensification issue is really an issue. i think it is being managed properly. however, i also think that this company has gone into the community and put additional safeguards that make the place much better and much safer. security guards, personnel, and increased awareness in the community. i think at this point, i would uphold the permit. i would keep a good look on it. i think they followed all the

requirements and did everything they were asked to do. i know some of the will of the people that live here but at the same time, i think the applicant was in harmony with the codes. that is what we have to look at, did they play by the rules? i think they did. i would uphold the permit. if we have to revisit it, or come back to it, that is one thing. i think with the increased safety valves, i would like to give them a chance to continue their business. >> next speaker. >> mr. president, commissioners, i would like to agree with this previous speaker. i think that it is a safety issue but the safety issue, to

me, is the importance of late night food in terms of sobering people who have left the bars. there is research that shows that food helps sobered up people. we can send them home and probably people will get a better night's sleep. but how many? will there be from drunk drivers? we should look at that issue. there is another issue, when i grew up, this was called the geary freeway. if we shut down the tonight food and shut down richmond, it is one more thing we're turning san francisco into walnut creek. we need a late-night food and late night establishments. we should applaud this permit because it is in the interest in safety of the other people on

the street to have them less intoxicated when they go home. thank you. >> is there any other public comment? we will move into rebuttal. start with the appellant. >> president garcia, the transcript does not lie. we have the transcript. a federal district judge -- supervisor mar entered the room and he says i want to say that i am supportive of your neighborhood to consider their voices and to not allow the jack in the box to continue between 2:00 a.m. and 4:00 a.m. he says that on his website.

the second thing the transcript said is the conditions on which the permit was issued, they are contained in the transcript that we have provided to you and the the police conditions, including the 18 and the fact there is no loitering, were adopted. they are contained on page 31. commissioner joseph, with the conditions of supervisor mar, there was an amendment that we had no comment. he said yes and it passed. the police commission, recommendations, excuse me, only 18 in the restaurant and no boy during, were adopted. given that, these are the final points. it is inconsistent. you will have more than 18

people loitering outside. they will create noise. i can tell you that i live one block from this restaurant and i have seen the lines of 30 to 40 people waiting to get in. there's nothing in the record showing 49 is the occupancy. that is irrelevant. the police conditions of 18 were adopted. we're talking about two guards to sell faster. doesn't that show you you need two guards, maybe you should not do this after hours. we do not have them in the bank or anywhere else. this is such a high risk activity we need two guards. there is no evidence. the evidence is to the contrary. we have attached scientific studies saying that food does

not sober people up. if you are drunk, you have to wait for the alcohol to leave your system. i ask that you dismiss the last comment by this attorney who said the applicants, should be endorsed. in sum, there are other late- night places to get food. we ask that the entertainment commission be reversed. >> you have three minutes of the bottle. -- rebuttal. >> we do not profess to be experts on what sobers people up but it seems odd that bars and

restaurants offer coffee when somebody is intoxicated. that is not a point. the point is the appellant says that over 200 people are in this restaurant between 2:00 a.m. and 4:00 a.m. that is not true. the owner of the restaurant has had a countdown and it averages far less than that. far less than that. the second thing is, we went through the commission. we did everything. we have complied with every requirement that supervisor mar, the police department, or whoever it is, imposed. it seems to me unfair for them to be penalized before they get started. yes, there were problems in the past but they have been fixed. again, i do not believe the

restaurant is a magnet for the problem. the magnet starts at the bars. as the policeman said, one of the reasons they have a higher incidence ratio is because they are closer to the bars. it is not their fault the bars are closer. as far as the argument of going someplace else, that is like, and not in my backyard. is it better to have been in talks in kidded person walk across the street -- intoxicated person walk across the street or driving creighton accident? in closing, we have done everything we have been asked to do and then some. he did not open his restaurant for 30 days because he is trying to bridge the gap with his neighbors. it seems unfair to change the

rules midstream. >> let me add, the issue about occupancy. occupancy recommended by the fire department says 49 people can be there at one time. i am having an average of 50 transactions an hour. most of the people by the food not to sit there. the seating is 18. the occupancy as 49. you should have to take a picture of 50 people outside the restaurant. >> is the time up? >> you have a few seconds. >> you do not need to justify

why you want to stay open. i am curious as to what is it about your business plan that requires you to remain open past 2:00? >> we have been open since 1988. low-price crude available to the neighborhood. -- food available to the neighborhood. >> is the success of your business and reliant on 2:00 and four o'clock? >> right now we have a broken shift, somebody working 10:00 to 2:00 and not enough hours to give them to accommodate the shipped. -- the shift. >> is out what the logic was? -- that what the logic was?

>> somehow it came up like that. i just do not know where it came to. >> the numbers do not work if you have 38 our ships. somebody is not working an eight hour shift -- 3 8 hour shifts. somebody is not working and eight hour shift. -- an eight hour shift. >> i work for 600 franchisees. the fast food business is competitive. the margin is small. approximately 8%. these hours are important because of the clientele, the

young folks coming from the movie house. the guy who is hungry. >> i do not know any movie houses that close at 2:00. maybe when they are showing "rocky horro." r." >> you mentioned you need that to stay open and be viable but there are only 50 people. on friday and saturday, d you have those numbers? >> 50 transactions per hour. >> that is every day? is the weekend fire. >> less on week days. >> and you operate other locations that have 24-hour? >> yes.

commissioner hillis: to those other locations do as well? or is this a better location? >> other locations do better than this location. >> i need a little bit of help on the chronology. when did you purchase this franchise? april 2008. >> rid when you bought this business, you were operating the assumption that he would continue to operate on a 24-hour basis. >> that is correct. >> most of the calls were before the security guard. once we have a security guard,

the calls dropped dramatically. >> you can sit down. >> i wanted to underscore the language in the police " relative to the instructions to the entertainment condition that you should in shoe upper met unless it reaches the threshold -- unless it reaches the threshold. i wanted to point out that there is a long list of conditions that go to some of the complaints the neighbors have brought to your attention. those include taking out the trash, lighting, a toilet facilities, the outdoor seating

area is to be closed at midnight. that was not the case before. i think that may impact noise as well. there is a list of conditions, some of which came from the police department. many of which came from supervisor mar and to the community as well. the commission took all of those things into consideration. i am here for questions. >> how many late night food permits are there? >> we manage about 120 extended our permits. 80% our food. the balance of those are the things like entertainment- related, 24 hours. >> how many fast food? >> san francisco does not have

too many. i do not have an exact number. does the subway count? 25, 30? it comes and goes. there are not that many of them. >> if we were to uphold, when would you review it without any plea from us? what would be your level of review? >> we are not reviewing them all that time, based on complaints or a request from the police department. >> let me approach it this way, there seems to be a disconnect between the number of people

opposed to this and statements by the police department as the number of complaints. i know the police will say every call mike represent five or 10 calls. something will give greater scrutiny. but, given the number of people who have a problem with this, would you have in place some period of review where you will conditionally grant the permit and six months from now, with these procedures in place, we will see if the neighbors are as dissatisfied as they currently are. >> at the moment is no, there is nothing in place. nothing voiced in such a way to codify the permit for a review.

we do that in many instances but that was not part of the discussion in this case. >> i am sure that this is not -- four hundred people, but does not determine if what happens is reasonable. given the level of discontent with the operations of this place, it seems odd that there would not have been some concession to the neighbors when you granted the permit. three months from now, six months, we will review. >> there was a tremendous amount of concession to the neighbors as well as a number of security guards relative to the capacity of this location. i do not recall there was a condition of the permanent or a discussion like you are describing.

we're capable of doing that. we would be happy to do that if the board saw fit to direct us that way. >> could you say the permit is going to expire in a year? >> no. these permits, by law, our issue once and renewed via the tax collectors license. they do not expire by their own nature. >> could you put that on the permit? >> i do not think that is legal. i am not a lawyer but i do not think these are permits the can expire. i would have to ask the city attorney. i do not believe we could do that.

scrutiny is a very common thing. >> then you have to terminate the permit. >> we would not to terminate it or revoke it. we could bring a applicant back to the commission. we do that a lot. >> there is another business that had been causing serious issues with the neighborhood. the police department brought that to the commission's notice. they called the business honor last night and they did

recondition a permit. that is how it worked. >> that is my concern, whether these conditions work or not. i am a fan of late night food in this city. there is a lot of conditions which are hard to enforce. he may not have the capacity to enforce it. it is the problem is this size of this facility. certainly there is a lot of late-night activity that happens in both those areas. i do not know if we see the problems. >> we're starting to see more and this neighborhood is engaging in scrutiny on a lot of businesses. it began its -- as i begin my original seven minutes.

there is a larger context to this activity. by the police department as well, more scrutiny on the businesses. the example is another example where more eyeballs are being placed on businesses open at night to find out where this larger environmental issues that we're hearing about are coming from. it is challenging for everybody. i will mention we do have the capacity to enforce these conditions. they are things we can go out and look at and we can see. yes you are, know you're not. we issue citations. they have costs associated with them that can go up from $100 to $800 and we can do -- i do that regularly. i can suspend based on not complying with conditions in a short period of time and i do

them. i am not afraid to suspend these permits for not complying with these conditions because these permits are important to us and we take this process very seriously. president goh: thank you. >> i have another question for the planning department. somebody made a statement during the presentation, the other so- called fast food facilities close around 11:00 p.m. most of those are cu's, aren't they? >> the property which what -- does require a conditional