is there no room for competition from an african-american ethnic food? there is room for everybody. why are you contemplating about allowing a coffee co. to be here? i don't see any reason why. you are here to make the right decision to correct the injustice and the rights of an individual. that is what you are here for. >> thank you. >> is any public comment on this item? >> good afternoon. i just want to say that over the few years and we will make some many numerous decisions.

we are trying to have small businesses that are really crucial. this was made to be distinguished in that field. >> any other public comment? >> i just wanted to stand up here and give a voice to -- who owns a bakery. he is an immigrant running this bakery and coffee and i think someone walking down the

sidewalk, being able to see the business may not differentiate where these are coming from. this could really hurt his business. i wanted to point that out that very close by there is another business. thank you. >> met his ask a quick question? how long has that business been in place? >> i have worked in the camry for two years and he has been there the entire time. i don't know how long he has been there. >> how long has he attempted to object? >> i don't know if he sent a formal letter in.

>> thank you. >> any other public comment? >> i think it is important to understand there is a distinction between coffee. not all of us go to denny's to get coffee, not all of us go to starbucks. starbucks may claim that they have the similar things that every single time i go to starbucks, it is never on the burner. when someone is trying to provide something unique, you should let the market decide. this is america. we are about competition. if you will not let someone with a dream move forward, it is ridiculous and why are you here. >> would you care to state your name? >> my name is ryan. that is all you're going to get. >> commissioners, the matter is

yours. >> i don't think that this is meant to be a rehashing of the facts. there was supposed to be new facts. i think that we went through this process and made a determination on it at the prior hearing. >> i would be so inclined as well. the fact that we have raised or already in existence at the time and to allow a rehearing would give this process the opportunity to deny this permit a third time. this is long over time to allow this permit to be issued. >> i agree with both commissioners that spoke before

me. i really see no absolutely no basis for a rehearing request at all. >> one element that is important is that if it was noble. no fact came forward that was not knowable. when this case was going to be heard, dpw or the police force, or ever was involved in have discussed the fact that were brought before us. ms. lewis raises the fact that it is unfair to have the cases back to back which is iironic that these cases were completely different. what was most troubling was that the specter of racism was raised and i'm going to defend the police department if that's who she thinks was racist.

dpw, if she thinks they were racist. it was unnecessary to bring something up that is irrelevant to this case. we decided purely on the merits and i resent that remark but i will move that we deny the request because there has been no new material brought forward that was not knowable before. >> i just wanted to address the comments of president garcia in that i think when an individual, and appellants from any individual that comes here to testify as to experience of racism. not take it personally. i'm not going to delegitimize it here in public.

>> we have a motion to deny this rehearing request. >> aye. >> aye. >> aye. >> aye. >> aye. >> this rehearing request is denied it and a notice of decision and order shall be released. thank you. >> with the president's consent and in order to economize the resources of the various city departments, i would like to call item number 7. i want to make sure that the parties to that appeal are in the room. is the palin here for -- -- is the appellant here for eezy freezy?

>> ms. lewis wanted me to ask the president if you could say one minute in response to the last comments. >> i don't think so. >> we're calling appeal number 12-024 doing business as eezy freezy, appealing a 20 day suspension of to bochco product

sales stemmed from an imposed on that jury 15th, 2012. the reason is for selling tobacco products to minors. >> my name is rajai alkhalidi. i was not at the market when this happened. that does not mean much. i want to show you how desperate the financial situation is for that business at the moment. what i provided were bills from pg&e.

i do not know if it was a sunny day or a sunday. the last piece shows until about 5:42 in the evening, what we took in was about 586. from these numbers, there is a sales tax that we have to pay. the numbers here show that this is not report the expenses over

$2,000. this is over 3000 during the summertime. i made copies for about four invoices. those invoices, if we watched the time it would take and all of that, tobacco is what we sell a lot of.

this is very slow. for the last four years, the situation has been pretty bad and i don't have to tell you that. i spent all of my 401k to support the business and keep it going. my credit cards are at the limit to keep the business going.

i guarantee you, most of them in the evening will go there to buy the rest. i appreciate you listening and i don't know what else to say about the situation. i feel like a parent, you bring

up the kid, you hope that they will do well and listen to what you tell them. it is hard for me to explain why and how it happened. i have nothing else to say. if you have any questions, i am happy to answer them.

>> do you sell alcohol? >> yes. >> thank you, sir. within the past few years with the tobacco control program. it is a market. they sell organic produce, juices. they do have alcohol and they sell some tobacco products. this is a major hub in the city.

the minor purchased it at -- at the hearing, they failed to offer any explanation and they have not offered a solution. i did not do the in thiinitial investigation but i did go to look at the store and see if there was any changes. i did not see any to date. i mentioned earlier, it is a transportation hub that brings a lot of high schoolers in the area. even today, i was walking into a high school and i asked where

they were from. there was a large group from herbert hoover. the business has not offered any solutions. i request that you support the department's decision and uphold the suspension. >> the 20 day suspension, it seems to have gone to a more lenient place than the 25 day and i understand that it can be up to 90 days on a first offense. >> correct. >> what happened? >> i did not present the case at the directors hearing. i did present some cases today. the director, he took this into

consideration. he takes into consideration first-time offenders. he takes it into account whatever information at the time. i was not there that day. >> this is not hold any information about the record. >> how was dr. --, we have not seen him in a while? >> it is there public comment on this item? seeing none, we will move into rebuttal. if you have anything to say, you have three minutes.

>> there is a have a penny, take a penny. it talks about the age limit, what your you should be. when reborn. -- when were you born. a large number of use, it was talked about that it does not happen every day. some high school is when to go see a movie called the hunger something. if i had that kind of crowd, i would be a very happy person and i would not be here now. the whole school went to see it, 300 or four murdered people.

-- or 400 people. i don't know what else to say. we are very careful. by the time someone uses a credit card, they charge us 50 or 60 cents. i am an ex smoker and i am ready to stop 20 years ago. that is all i have to say. >> thank you. miss young, anything further? >> thank you, commissioners. i would like to reiterate that

when i visited the store, i did not see anything that suggests a change in procedures. this area, this is an area that we would hang out a lot when i was in high school. everyone is aware of that. thank you. >> it is an interesting location. i would assume that it was a good location for a retail store. i had a similar question as to why the department was changing their standard from 25 days to 20 days credit i am sympathetic, however, given the economic

climate. not that i would support the sale of cigarettes to minors. i would support a reduction in the penalty. >> i would agree. i would assume because of the nature of the violation, it seemed like it was an accident or a mistake by a very young clerk. perhaps that factored in a more lenient time. for the suspension. i would be in favor -- and also based on the testimony. i believe that he understands and believes that we should not be selling tobacco to minors.

no one, i am sure, supports that. i would be inclined to reduce the time of the suspension. >> i was just going to comment quickly. normally, when we see a 25-day suspension, there are similar comments. because it went down to 20 are ready, i am disinclined to extend that further. i do think there may be some circumstances that might -- i think the problem i am grappling with, i do not understand why

there would be no new changes, as we heard from the department, that would put neon flashing something to whoever is dealing with the customers to ensure that it never happens again. it does create a hardship. that makes it a little difficult. because the department did go down to 20, i would move to -- i would be inclined to uphold. >> i would be the same. we have the ability to do a 90- day suspension. we did a 20-day. i would support the department's recommendation of a 20-day suspension. >> i am usually the one to argue most strongly for production.

if -- reduction. this is not -- this is not the owner who sold the tobacco. i am sympathetic to that. for us to uphold, we have never known what the economic effect this might have on an operator. with the appellant, he is talking about the fact that the problem -- the product is less than it would be for a candy bar. i am not as sympathetic as they might ordinarily be. i have been encouraging -- please try to weigh what be up -- economic effects on an operator. i would suspect that it is possible that this individual, who was caught selling liquor to a minor, might pay the fine.

he is suggesting is not that great, and out of gratitude, for having something -- for having done something i consider to be more reasonable, i will move that we uphold the department and stick with the 20-day imposition of penalty. to not be able to sell tobacco for 20 days. >> is that on the basis stated? >> thank you for that. >> we have a motion from the president to uphold this 20-day suspension on the basis in the dph order. on that motion --

[roll call vote] thank you. the vote is 3-2. this 20-day suspension is upheld. >> thank you. we will move back to item 5c. the subject property is on judah street. the appeal is protesting the issuance of a letter of determination to tenderloin housing clinic on november 19, 1997, that find no legal nonconforming use of the property as a tourist hotel has

been established. at this hearing, the board failed to -- on april 1, 1998, the board voted to continue the matter to await action by the superior court. this case was returned from the college your calendar and with the consent of the party. the president has agreed to give each party five minutes and we will start with the request. >> let me explain to people. both sides -- five minutes is more than a person would ordinarily get, not less. " good evening, commissioners. i am the attorney for the request. unlike the prior two cases, this case does present new facts.

these are new facts that command the grant of a rehearing after these many years. the main fact that we rely on in requesting a rehearing is the issuance in 2002 of a certificate of use and a permanent to convert what the city had previously considered to be a residential hotel to a tourist hotel. the permit was issued after application filed by my client from my office. after review by the department of building inspection, and the planning department, the property was approved to be a 20-room tourist hotel. contrary to the arguments made by the determination holder, the permit to convert that was issued does involve a review of the planning code. the permits specifically cannot be