plan was totally inadequate, and that seems to be rectified, so that is we are asking that it be listed as a condition so that continues to be maintained. we are pretty happy with what they have done. good >> you have sat down with them now? >> a couple times known -- now. >> police are ok with the conditions you have stated here your -- now you have stated. they have done everything you required? >> yes. >> is there any public comment on this item? seeing none, the matter is with the commission. gardne>> you see what it takes n you have been given an order not

to have entertainment, and you get caught doing entertainment, and when we do our reach, we learned something about the history, even though that particular venue, the lady has owned it for 30 years, so in my case, responsible owners is number one, because we have to learn. we do not start with all this knowledge, so i am glad we go through all this, but that area is very close to me because i party there a lot, -- partied there a lot, but there have been a lot of issues, and i hope they have done a good job so we will be coming over there to do some karaoke. i motion that we ground is permit. >> with stipulations?

>> with stipulations that two guards and the video and also the good neighborhood policy, as you know. >> you are ok with those stipulations? >> is there a second mnemonic -- a second? >> i just want to say i have misgivings granting of permits. i had this the last time they came. i do not see this as a community outreach. i feel like my concerns are not heard, and i do not see this as moving forward, as a positive thing for entertainment in san francisco.

when i see would good operators go through to take care of the seriousness of entertainment in san francisco and dealing with the problems we have not only on one side vanilla -- one site but with the city, i am not confident this place should be granted the entertainment permit, and i am not feeling that i got today all whole lot more than i got last time, and i do not know how i feel about it. >> would you feel better if there was another condition that they came back after three months with a permanent? if i feel like we are getting the same results after they come back, and they are unsatisfactory. >> we need a second to discuss this motion. i will second it, and i will say

the code is very specific about what needs to be in place to deny a permit, continue a permanenit. it would be continued in 45 days? if you want to continue it for a couple months, they get it automatically without this commission, because that is the code, and entertainment is the first amendment right, so unless you can come up with grounds to deny, there are no grounds to deny in my opinion. we can condition it, but i do not see any way we can deny it. >> i would have the same reservations about going forward and having entertainment.

they were not supposed to have it. it was a slow response, and certainly there is concern about the community. i think it is unique in that it is isolated from the community, so it does not generate the same impact on other places we deal with on a regular basis, and lastly i would say, as well as we can grant the permit, we can take it away, so if this commission approves this commo,e forewarned if you do not comply with everything the police are watching. if it is approved, we are going to expect you to be 100%. any other? >> i just want to remind the commission that when they came to us originally there was also the fact they were operating

without a permit and lying about who was in charge and who was running the place and having liquor open and available after hours, and i think those are all leading up to a third time coming up here to try to pass a permit. >> my comment is in the very beginning there is a certain idea as far as what they think they can do and what they cannot, and they learn something from that, and if they did not do any of this follow up like we told them to do, i would be in the same position we are in now. as far as residences go, you have got to walk two or three

blocks away to hit one. on sutter st. there may be one, but the merchants association is pretty tough, so if they got some approvals from them, they are already on the way, and i think the rest of the neighborhood would be falling behind. >> residents to go into the buildings. they do not have to live-in in the vicinity. they serve and residents, and i think offering visitors to the best experience and the safest experience with people who take their commitment seriously is where i am coming from, and not necessarily direct places of living. >> just keeping with the code,

1060.5, this commission has more regulatory rights once a permit is granted, and we can enforce the conditions of that permit. if conditions are violated, we can suspend a permit. if they do not have a permit, we do not have the regulatory abilities to deal with them. they have met the burden in my opinion. they met the burden, so i think we have to find something. they say we shall grant the permit. >> we have a motion and a second, and if there is no further comment, can we call the roll? [calling votes]

>> good luck, and be good. >> i do want to wish you the best of luck. i am just being tough on you. >> you are kind of in a tough mood? >> item 6a, an entertainment permit application. >> this remains on the calendar, even though i am going to ask for a continuance because the commission requires more before they can proceed. >> do we have a motion to continue this? >> so move. >> second. >> [calling votes]

>> item 6c, james bovis gold dust lounge. >> the gold dust lounge first opened on powell street. it has relocated to jefferson street. the permit would allow entertainment in the form of our house band and saloon-style music. they conduct sound tests. the purpose is to establish an appropriate limits such the neighbors are not disturbed. the applicant took an additional step of having a noise review conducted. the results of the review are included in the materials. communications about neighbors concerned about sound are also in the pack of. there are neighborhood associations, and i will let the

applicant tell you about his business. good >> i am marsha garland, here to represent gold dust lounge, which got a lot of media attention when it was forced to -- relocate, and its search for an appropriate location, and it sounded on jefferson. the space is 3000 sq. ft.. the business is a 47-year-old family business. it is iconic. it is nationally famous, and the owners have proven over and over again they know how to manage a business, how to manage people, and how to manage noise. they have a solid plan but has been reviewed by the police department. we have conducted extensive

research, and that includes community business district and the bid, and the tenant alliance coalition, which wants to make sure no attendance are disturbed, and there aren' no residents, so there are no concerns, and also the fisherman's wharf association. we did hear a few weeks ago from the tenant of stairs, the business sense name -- who from the tenant upstairs. we talk with them, and the owner hired a sound consultant to go in and do sound tests, and we have tried to assure the tenants of stairs it is pretty much oldies and goodies and soft jazz and dixieland. there will be a house band, and

the application has met all of the requirements. the application is still not in its entirety. the building is sound. goothey already were handling security on powell street, so they are familiar with how it is done. most people are supportive or remained neutral. the tenant of stairs was also concerned about garbage and smoking, and all of those are covered in the lease. the new tenant will abide by those conditions. this is the founder and owner of the gold dust lounge. >> i want to thank you. i am sorry, but i was not

prepared. we have to view your permit. >> i will be 65 this year. do you offer it senior discounts? if not, i would like you to consider that. >> jim, who you want to add anything? >> my name is jim, and we have worked with the bovis family before, and our goal is to keep a safe environment and to do what we have to do. as far as our officers, any location is certified by the state, and they are all insured. >> i have one question.

i have no doubt this is going to be run as a great business. the guy upstairs is talking about ambiance around -- ambient sound going out onto the street. is the ceiling the floor of an apartment upstairs? >> it is not an apartment. it is a business. >> the house band will be what kind? >> approximately 8:00 in the evening. we do have a sound technician here. >> i am good with it. >> do you want to hear from him? >> we will have a public comment, and if you are finished we will hear from the police department. if they want to enter into this.

>> good evening. as far as the gold dust, central station does not oppose the permit. they have a 47-year record of performing real well. i even spoke with officer torres, and he says we are really sorry to see them go, so i think it is a good fit. i have spoken with snake about the concerns i could come up with. -- with nick about the concerns i could come up with. one is noise, and they have assured me they will bethe otheg about and they are agreeable is the smoking issue. one of the things i was thinking about, you have a lot of different venues out there. not bad news but you have ripley's believe it or not to

the west. if your family, you will want not want a bunch of osbournpeope smoking at the end of this sidewalk. it is a hard one. i was trying to brainstorm to see how we could make it work and one of the things we talked about is having their staffing, which talked-about having science. encouraging people to go across the street if they are smoking in large numbers. they have agreed to that. i do not know of that -- if that is conditionable. we are -- to promote that with customers. that we do not have a big smoke cloud. >> it is a big parking lot. so that is perfect. >> is not enforceable but the smoking code says you have to go to the end of the curb. there is no way we can force them to do otherwise. sometimes being a good neighbor

and encouraging patrons, there will be compliant. other than that, we're happy with the move. >> any questions for officer mathias? let's hear from the public. are there people from the public who would like to address this permit? your welcome. >> here is a song for the new gold dust. i wrote the song. >> did anyone tell you if you look like stacey slaughter who works for the giants? >> she does. >> you have a twin out there. >> here we go. ♪ in san francisco's fight to save the historic bar ♪

♪ it was the 23rd of may but we are packing up the pieces and moving to the bay ♪ ♪ where the gold dust settles, where the gold dust sines -- shines ♪ ♪ this olindo will keep swinging until closing time ♪ ♪ the lamps and the tables and red velvet booth, the old wawood bar ♪ ♪ where the gold does settle, where the gold does shine ♪ ♪ the van will -- band will keep

on singing until closing time ♪ ♪ take a cable car ride to the waterfront or the fisherman docked on jefferson ♪ look for that old marquee and lights, invite your friends for some old good times ♪ ♪ go where the gold dust settles, where the gold dust shines ♪ ♪th the whiskey will keep on pouring until closing time ♪ ♪ where the gold dust shines ♪ [applause]

>> thank you. that is a tough act to follow. >> my firm did the noise study for the gold dust blount. -- lounge. we are identifying weak links in the structure. if the duct ran from the first floor to the second four, we would want to identify that prior to the facility and would have to handle the noise. -- analyze the noise. when we did our transfer test we found the standard isolated -- with no obvious weaknesses. we measured the ambient noise and there is an adjustment is made to minimize noise. the process that they go through

acoustically is the realize that all buildings have an acoustic limit and they have the ambient noise and for commercials and that is with the gold dust lounge needs to abide by to meet the code requirements and not disturb the neighbors and be a good neighbor. so that is the work i have done so far, and in addition helping the gold dust lounge limit their noise -- i envision helping the gold dust lounge limit their noise and be a good neighbor. i will answer any question you have. >> is the existing ceiling a normal office insulation? is there anything that you can put extra insulation there? >> it is not -- we have not really addressed the need to increase the sound isolation. my understanding having quantified the noise reduction

being normal is the music noise can be moderate. given our mathematics and expectation of the music noise level, we do not expect an upgrade should be required. >> in some cases depending on the group, there is different musicians. they might play louder than the other. when you do these tests, do you play any amplified music and go up to the guys upstairs and just listen? or have your sound meters? for this test, or this is only ambien? >> what we do is we test using broadband, a steady noise. the problem with testing music is to test with one sound, you get one answer and another you get another answer. the sound levels differ over the place. we did was the standard objective sound isolation test that allows us to settle -- set

a limit. but to your point, after we set the limit of music noise in the gold dust, we checked upstairs to make sure that the math works out. it is not a matter of acoustical engineering testimony. it is a matter of performance and the gold dust lounge -- knows that because i have discussed this them. >> any other questions? the tremor was not applicable since we were asking -- timer was not applicable since for asking questions. thank you. yes, sir, welcome. >> commissioners, hello and good afternoon. my name is richard young and i have been the band leader at the gold dust for 14 years. it is a house band. your concerns for different bands being different does not apply. we have been the entertainment

and music in the gold dust for a long time. for about eight years in the gold dust itself, we had a professional decibels meter on the bandstand in front of the band. the ambient noise without the band playing was somewhere around 40 decibels. when the band was playing, we sent the meter at 90 decibels and kept it below that. the inside the building, the douzable level never exceeded 85 -- decibel level never exceeded 85 decibels. we were the band that transition to from dixieland to pop and rock and roll. the reason we acquired that meter was to transition so the numbers -- neighbors were not offended, the people in the neighborhood were not bothered and so business could be

conducted without the waitresses and bartenders having to shout at each other to be heard. i wanted the commission to be aware that a long time ago we addressed sound issues within the structure and we have found a successful way to manage them over a long period of time. >> thank you. any questions? any requests? >> we do take requests. public comment. >> good evening. i am here tonight in support of the gold dust lounge. they did perform community outreach regarding this project and other projects as well. we've been good to our neighbors and it used to be one of my hands. we support the goal best lounge on fisherman's -- gold dust lounge on fisherman's wharf. >> good evening.

i do want to add to this. we want to keep our musicians in play. during the afternoon, there is a brisk business in fisherman's wharf during the day. these are people who are looking for san francisco attractions and the san francisco experience. we will have some low amplification and soft jazz as the band leader said, some dixieland and later, at different parts of the day, we played different types of music and during the daytime you played something lighter and more relaxing just to keep the vibe going. i want to thank the groups that we did contact. a lot of them felt we had -- they had learned about it in the press. what they wanted was -- some people wanted us to stay in union square because of the years there. going to fisherman's wharf i think is going to be a nice fit there, too.

the gold dust is alive and well and you hope that -- we hope that you will support us. thank you. >> thank you. any additional public comment? seeing none, the matter is with the commission. we have a motion. >> i am pleased and honored to move to approve this permit. president newlin: do we have a second? >> commissioner joseph, aye. commissioner tan, aye, president newlin, aye. president newlin: all right, good luck. >> thanks for that song. >> thank you. it was really nice. item six d, dba, the armory

club. 1799 mission. permit application. >> this is category from the armory -- cattycorner from the armory. the applicant plans to make it into a lounge. it is a small space with no dance floor. we have received no letters of support or protest. i will let the applicant tell you more. >> good evening. this is an 1800 square-foot space. we're trying to create something where we have a social atmosphere. we chose to not support lauch -- a large speakers. we would like to have the option to book a bj when we would like. so now --a