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 review, from a layman's perspective, it is coffee pure good as there are other people who also served coffee and -- it is coffee. there are other people who also serves coffee. >> even though there is an

ethnicity clause? >> in this specific case, the coffee tyre, and if the coffee beans were from africa or a mixture of beans, the type of coffee would be similar in terms of ethnicity. we do not know the composition of the coffee that is being made by the neighborhood merchants. >> it would seem that it would go towards something similar. a new bill could be italian or chinese, and i do not think in most people's minds they would call about similar food, at least i would not consider it to be. >> hamburgers is a light food,

so if someone is selling a hamburger for $2 versus a restaurant that maybe two doors away that is serving a hamburger made of kobe beef, it is still determined it is like food and would not be allowed. >> the last thing is more of a comment. it seems like since the city is trying to promote this, and the issue is whether or not it is a good location, it seems pretty onerous as the cart need to be built prior to any approval when we are in the process of looking at plans, and it still was not as it should be, but we could require them to change it, but it seems that is an onerous requirement, given that the idea is to help people with limited funds. that is not in the thing that needs to be responded to verses

and unsolicited comment. >> in this area has a lot of street vendors? >> that is correct. >> the specific location, it is it near the corner? >> it is approximately 20 feet away. >> are there other elements? >> there are other vendors in the immediate area. >> going back to the earlier question, what is the width of the sidewalk? >> approximately 12 to 15 feet. there is sufficient wit to be placed with a six-foot pasth.

>> i have a question. good when the department in the review of the other protesting objections, was there any finding that the objecting establishments were selling beans and 30 bags or boxes? i heard testimony that 90% of the sales were the beans, rather than coffee. >> there lies the challenge. the mobile food facility is supposed to sell edible food that is supposed to be consumed when it is purchased. have we known that the applicant was selling beans, specifically on ground and not coffee and tea bags specifically and not setea, it would not fall under e

auspices of a mobile system. it would be part of the police department. it was our impression when it was submitted this was for coffee and tea. >> what about a hybrid situation where you have the crude substances as well as -- brewed substances as well as the goods for sale? >> it appears that the members of the board of supervisors intention was to provide edible food and a gourmet experience for the public, instead of selling specific products they would then take home to you separately. -- to use separately.

>> does dpw consider sidewalk ingestion? i know they may meet the code requirements, but they are extremely congested with pedestrians and tourists. that is something opponents brought up in their letters. is that something you consider when you look at approval of the permit? >> if there was a question to the department of public works would engage with the mta to determine whether it is sufficient your yard -- is sufficient. we will take whatever the recommendation and to move accordingly. enemawe received notification sg

that during ballgames decide what needs to be unobstructed, so in those cases we have actually gone back for merchants in the immediate area, so we do coordinate on these types of situations. >> do they weigh in on this permits? >> no, they do not. >> no other questions? >> thank you. we will take public comment. is there any public comment on this item? >> how many people intend to speak? i think two minutes ought to do it. we were worried about the last item. if you could get done in two minutes, please do. >> whoever wants to speak, please step forward.

>> i just think the analysis, i thing when dpw is analyzing the issue of life foods, -- light foods, they are ignoring that the coffee cart would not compete with a full-service diner just because they serve coffee as well. they see light foods, and that is it. they label it and disapprove it. i do not know. i do not see it being implemented, and that is in the order, so i just want to bring

that to light. >> thank you, sir. >> if you would fill out a speaker cards, that would be helpful to us. thank you. next speaker. if you have an extra pen, maybe you could put that out. >> good evening, commissioners. i am the executive director of the community benefit district, and i am here to make you aware that our community benefit district, which is made up of property owners are very much opposed to a permit for this business. there are 18 businesses within one block, and the request of location is in front of a burger king, and i also wanted to

mention there are not any public restrooms and within 200 feet fo. fisherman's wharf already has 100 restaurants, cafes, and food vendors, many of which are small businesses paying significant rent in very challenging economic times. we are also concerned about a food truck operating until the late evening hours until 3:00 a.m., which will add additional noise and safety issues and we constantly struggle with. and >> the you know how many mobile food vendors there are

and how many non-food vendors there are? >> my understanding is there are just two, and they are on private property. we do not have any mobile food trucks on public property. >> do you know how many sidewalk vendors? >> i do not know that. >> what are you referring to in the nearby businesses? >> coffee, tea, pastries, and suites. >> and crude coffee -- brewed coffee? >> yes. >> next speaker. i am donald, and we manage the property, and immediate

adjacent is the burger king. the restaurant, one of our tenants was to be here this evening, but he happens to be ill and could not make it. the restaurant is within 20 feet of where this is supposed to go. good the restaurant has a permit for tables and chairs, which leaves very little room for passageway, and is a congested area. there is a coffee cart strictly for the tenants of those buildings, and parents those of big business of people coming in and taking out food, so a direct

competition with his tenants. he has been there for 10 years or so, so we strongly agree with the denial of the permit and feel it should be sustained. thank you. >> thank you. if you would not filling one out, we would appreciate it. is there any public comment? seeing none, we will move to rebuttal. fax i am going to quickly address some of the issues that came on top, and then i am going to talk about the video. i do have a video of derrin cafe and the person who works there, and they do not sell tee boxes. they do not provide that at all. as well as the other merchants,

they all sell brewed coffee or through tea. -- or brewed tea. in terms of our coffee been available, our patrons can open their bag and have a cup right there at the stand, so they are able to buy the bag, and we do have the bag open and make their coffee as well if they would prefer to have one of the other 15 choices and we offer. as far as the ingestion, there is no congestion. on the opposite side, and there are tour buses. there is a long building that does not have any opening doors, and there is a role of

door, and there is a burger king. i went into burger king, and they do not sell the bags. this is my first time using this. >> coffee bean? i wish we did, but we do not. >> basically, it goes on and on and which every vendor they have mentioned as well ask us burger king, and i just wanted to show you the locations.

it is not the same. i am within the permited area, so i am down here underneath this sign, and that door does not open. it is completely closed off. there is no activity, and susteren cafe and burger king are quite removed from that location -- darren's cafe and order king are quite removed from that location. there is the door, and further past that is a burger king and further past that two or three buildings is darren's, and i do

have them on tape as well saying they do not serve tea bags or african coffee and that i am not competing with them in terms of like food, and my last comment is that in terms of the coffee business itself, there are not any other coffee karcarts in the area or other ethnic coffees available. you have any questions for me? >> you might want to respond to something said by the department of public works and had to do with the fees being paid, and i do not know how it would bear upon this, but you might want to respond. >> i think you only brought it up his you my opinion of me and my opinion i am trying to bring

forth. it is only to scandalize me. the way this permit came down and went down and has been absolutely terrible. in other words, they have treated me terribly bad. they have never returned my calls. they asked me to wait outside in the rain while i was waiting for one of the representatives to talk to me, so the reason i am bringing up fees is after i went through the hearing, what happened was they did not respond for three months, so i went to talk to them about what was going on, and they said, we will call you and let you know

when it goes down. they never did that. they sent a response december 23 just before christmas, and my hearing was in october, but this process has not been fair. all they have i asked me to do was to pay, and when i did, they said, we are denying everything. i would not say it has not been friendly, but it has not been responsive to meet in relation to my permit. when i called and said, is there anything i should be concerned about, because i was trying to get this two months before they denied it. i said, i could call and get everything i need.

in retrospect, i did not trust them, so when they said they were going to deny everything, they came back and said you have to pay the appeal and the additional fees, even though we denied it. >> do you have a photo of a car t? >> i have the schematics. goo>> can you show it to us? thus there is an overhead to your right. >> face of so it would be like if you were looking at it.

>> sure. this was designed based on the health permits information. i am sorry to take your time like this. >> if we could hear the rebuttal and come back. >> that is fine. goo>> commissioners.

the initial application was as they noted for african coffee. on this of metal, we believe these were all drinks or sweets to be consumed on site. had we known they were selling coffee beans and package the that is not to be consumed on site, we would not process this permit, because that would be the wrong type of venue. based on this information, we continue to believe they will sell coffee and tea and suites. the hearing was very specific as it relates to that. the applicant was pacific they

do not want to provide true coffee region was specific they did not want to provide region the applicant was specific they did not want to provide brew coffee. the continued argument was that we did not follow the process. the department continues to maintain we did evaluate what they were proposing selling, and there are many similar foods being sold at a burger king and various locations. the applicant says coffee is being sold. they are selling sweets, and she is suggesting coffee beans, which were not part of this permit, so i am not sure of the nature of her objection. have the department known the

applicant was planning on selling coffee and tea bags, we would not have approved a permit, and we would have sent her away at this point. >> thank you, sir. good >> do you have that? >> you have to speak up here, if you would. >> i apologize. they had me take everything off my computer. i would have to take it off my computer to get it to you. it is a card with a canopy, so it is basically a block, and it has a hand washing station, a

fridge, a small area for the display or the counter top, and that is pretty much all there is to it. we do not use propane or anything like that, but i did want to address the beans and teabags issue and the fact steps the dpw is trying to say if they had known i had teabags and beans that they would not have allowed the permit. what is so surprising is they knew everything. >> you are still testifying. all but was left for you to respond to was the you have a picture. >> yes, i do, but i have not put it up yet. >> if someone wants to ask

another question, that would be fine. why is the name of your business oak barbecue? >> i have a barbecue business. >> that is part of your name. it does not have anything to do with this operation? >> no, because when i was discussing this with dpw, i thought it was the best part of the business i could bring to san francisco. >> you feel we could have our discussion without that picture of? we're going to have our discussion and decide whether or not we are going to uphold or overturn this permit. >> i am interested in hearing a little more about the information you provided about the kind of products you are going to sell.

tracks when i first started the process i told dpw about my product, and we started talking about location and foods and things that were not being addressed or provided in the area, so one of the things that was unique about my business, is very easy, and you can consume it right there, or you can take it home. it is very flexible, so that is one of the things we wanted to maintain, that flexibility in providing coffee to the consumer. >> you disclosed that to the dpw? >> we disclose that at length, and dpw was the one who told me to put suiteweets instead of the specific muffin i was considering, cause i said we were