earlier to force this restaurant to address these violations. the word reaches. they are egregious violations. i do not see any basis to grant a rehearing. i would vote to deny the rehearing. >> if there is no further comments. i would propose a motion. i will move to grant a rehearing with the condition that before the rehearing occurs that the health department inspection in its entirety has to be completed before we reschedule the hearing. >> do you mean an inspection or they would have to pass an inspection? >> an inspection. >> an inspection would occur before the hearing date. >> we have a motion to grant

this rehearing request with that condition. the dba to inspect this restaurant one more time. prior to the scheduling. -- the dph to inspect this restaurant one more time. on that motion, president hwang. >> to grant a rehearing on the inspection that takes place prior to the actual hearing? all right. ok. aye. >> commissioner hillis, no. commissioner h -- hurtado,

no. absent another motion, this rehearing request is denied. vice president fung: i would pose another addition that we continue this case and requests the department of public health do an inspection and then vote accordingly after that inspection. president hwang: i think it is too late for that. >> no. vice president fung: move for a continuance. >> 3 votes would be needed to continue this case. on that motion, -- president hwang: we need a date.

do you want to hear from the department on how soon they can do that? >> we have that, too. i am not sure about the composition of this board. perhaps we can hear from mr. hong. president hwang: how quickly could you reinspect the restaurant? >> probably sometime next week. with my supervisor's permission. >> is there anything else, if you were to reinspect. it is not enough to look at the facility after and has been cleaned. what else could you require? >> hasenin repeating myself, the

operational issues were proven over a long time and we have documented that and that has been prevented -- presented in front of the board. what i would be going there for its did someone clean -- for is did someone clean? we would not take a severe action we did if it was -- we did not think it was more than if you swept the floor or looked good for when i walked in. >> are there other things we can add to get more of -- something that would help you, what you were looking for earlier at the abatement conference that could happen? >> i mentioned to commissioner fung, if he is determined to continue this. the most reasonable option would be to have him reapply for another permit. bring in partners who are

accountable. the continuance of this would put mr. lei as a forefront person. if he should be the captain of a ship that has gone down on several occasions. if he wanted to come back in, to bring active partners, not just silent partners. the health department would accept the application. >> can we get at that through this motion? can we ask him to bring that information, not to apply for permits but commissioner fung asked for reinspection. if they present you with an operating plan, a structure for the ownership and operation that is different and satisfactory to you. it would be he may bring additional partners. he has mentioned some of that now. but something, i am looking for help in crafting what i would like to see as an amendment.

it is an inspection that you say it isand there is a new way of operating the restaurant. >> yes, and i appreciate your assistance, but i believe it would have to be built into someone who is replying. but we would go over all of those issues with someone who came in, and we're talking about sealing the entire basement area and waterproofing, and the operation, there's been no way other than to deal with someone who had some sort of food safety experience and was an equal partner with him, so that is why i am suggesting that the new permit route would be the best option. if i am talking to someone, and they are not on the same, if this permit was reinstated, in

my estimation, we would face the exact same problems. that is not to say that he could not apply again in some sort of partnership. if that person did have food safety experience and came to the meeting, they would be there seven days a week, as opposed to just putting my name on a piece of paper, that would go along way for the department to say maybe we are all starting anew. that can only be accomplished if we're talking about, you know, a new permit in my personal opinion. vice president fung: well, perhaps, that may have to happen in that manner, but at this point in time, if they choose to respond to your previous comment, not only in terms of the sanitation aspects but also other things that you brought up related to how can they insure operational conformance to the

health department's needs, that is up to them to convince you that they are bringing it forth in a believable manner. i would still like to see it come back here at this point in time. i cannot force them to do it. this is in addition to the standard cleaning of the facility, some level of operational planning that would convince you that it is not going to repeat itself. >> commissioner fung, that has happened before. the whole reason we have to be convinced at some point, otherwise, as commissioner hurtado said, we were convinced. that is the reason we are here.

we were convinced, let them, convinced again, let down, convinced again and let down. vice president fung: perhaps this board is full of optimists. >> i would just add on a personal note, being an asian- american appearing before this board, with a great support, the one less than i was a on a personal note is that one of the basement -- bravest things i have ever seen is my mother takes her car keys away from her 95-year-old father with tears in her eyes. that was the right thing, and in many ways, that is why i am standing here, with the health department's decision. >> i think they understand that they have a hard road to hoe. president hwang: thank you for that personal attestation. something i was thinking about,

and i have obviously been persuaded by my fellow commissioners' comments about this sort of very, very, very last chance possibility, but probation? is there some sort of probationary status where they must report to the health department, to you? in a particular way? >> to revoke their permit, we chose not to. for two years. president hwang: ok. thank you. commissioner hurtado: i just to -- want to remind my fellow commissioners, we did vote to uphold. i do commend the the republic -- department of public health doing their job, for this

restaurant owner, but, again, i would not vote to have a rehearing under any circumstances, given the testimony, given the prior testimony and the testimony we have today. president hwang: is your motion still pending? vice president fung: i would move to june 20. is that ok with you, madam director? director goldstein: that is ok with me. it is a heavy calendar. it is the board's decision, and did you want to have a written report from the department or the other parties or just an oral presentation? vice president fung: i think they should be allowed to provide a brief, but given the

time, can we accelerate it? director goldstein: so you want all parties to submit? vice president fung: same time. director goldstein: how many pages? vice president fung: 5 pages. director goldstein: this is to allow them to inspect the restaurant and to file a brief, five pages from all parties, and have them submitted prior to the hearing, all parties to submit at the same time. is that correct? vice president fung: ok. secretary pacheco: on that motion to continue from vice president fung, three votes are needed. president hwang? commissioner hillis? commissioner hurtado? the vote is 2-2.

three votes are needed to continue. i believe the prior motion would stand then. absent another motion. commissioner hillis: we talked about continuing, i do not know if we can revisit this, but adding more than the inspection? president hwang: what would those conditions be? >> -- commissioner hillis: that they come back -- i am trying to get to the reapplication. they would approve an operating plan and an ownership structure that meet the operating requirements. commissioner hurtado: that sounds like a new permit to me. commissioner hillis: yes. director goldstein: may be a point of clarification from the department is in order, because i understand that in order for a new person to participate in the permit, a new permit is required, that they cannot add

an additional party to the permit. i do not know if that is a correct understanding or not. they indicated that that is correct, suggested piece of information. -- so just a piece of information. commissioner hillis: so he could not sell 50% of his business? he would have to get a new permit in order to do that? >> that is correct, regardless of what a restaurant, or whether they were in complete compliance or not. vice president fung: commissioner hillis, the issue here is that kind of ownership item could always occur at a future date. at issue here is whether our actions may create an acceleration of the time that would allow the operator to get

back. president hwang: here is another thought. one of the things that inspector hong stated is that there was a food and safety inspector who was an actual operator, and i do not know in terms of business versus consultants, versus on staff, whether that would suffice if they attract the services of someone with that type of expertise, but that would satisfy the department for purposes of operating this going forward. can you speak to that, inspector? >> sure. i think short of an equal partner with the ability to make decisions, it would be in my opinion tantamount into -- to

someone you read had their license revoked for drunk driving. this is why i prefaced the opening comments from vice president fung at the very beginning. what is the easiest way that you see? that question i answered honestly. that to me would be the best way to go about it and give some comfort to the department knowing that they would be on equal footing. if you hire someone, you can always fire someone. you are giving the keys back to someone who got us here. to put on a show, and for lack of a better word, and i want to believe it. food safety knowledge on equal footing. the department would get a sort of consultants.

-- consultant. president hwang: ok. secretary pacheco: the motion was withdrawn. i will repeat the motion to continue -- vice president fung's motion to continue failed. therefore, the prior motion stands, which is a 2-2 vote to grant the rehearing request with a couple of conditions. therefore, without three votes, the rehearing request is denied, and the order shall be released. director goldstein: ok. thank yo president hwang: why do we not take a five-minute break? director goldstein: ok.

[gavel] captioned by the national captioning institute --www.ncicap.org--