and they were calling after we were done with the event. >> they were waiting to call and complain? >> lieutenant, was the midnight one another event all together? that was another event all together, the one he mentioned that was after midnight, 12 08. it was the one after 10:00 that might be the outside music ended shortly after that. and maybe they are even complaining? >> were they complaining about the inside music? you are talking about structural issues indoors? >> let me back up a little. in the context of this is that cocomo has been around as a club for a very [khro-pbg/] time long time and there have been neighbors that move closer and closer every year and for some time now there have been neighbors in certain buildings that have continually complained.

whether they are complaining about patrons or doors left open, whether it's indoor or outdoors, there are consistent sound issues and in particular what this request is asking for is a 9-hour outdoor loudspeaker permit in an area that we have had consistent complaints. we wouldn't normally bring these to you when we don't have these situation, but that is the context. we're not suggesting that promoter or the club has violated other loudspeaker permits, but the context of this this is a difficult area. this is something to be mindful of. >> okay. traditionally 2nd sunday stops at 9:00; right? i know 2nd sundays very well, but do you have -- do you have an

afterparty after that? >> we have an afterparty, but the outside sound at 8:00, 9:00 ends and we go inside. we start outside around 3:00, 4:00 and depending how busy it is. you know how it is. >> and then you move inside and the neighbors are complaining at midnight because they have been hearing it all day. >> it's compounded because they have inside sound and outside sound. >> the reason for that, as you know, we don't want to release the floodgates outside with a thousand people or whatever 800 people, let's say. we want it to slowly for people to leave from the outside, go inside. they can finish up, we serve food. so people eat a lot after 8:00 and then take off.

>> once again, the issue just as director kain stated we found a structural problem and pointed that out to the club that. is one of the ongoing sound complaints. chances are that is what that is relating to. just so everybody understands. there is an ongoing sound problem. we have pointed it out to the venue a while ago. i do not know if they have taken care of, but we found it and pointed it out and said hey, this is where the sound is coming from. the complaints coming at midnight is that is what this is relating to, those cads. the sound during the day leading up to this permit before cocomo closed for about a month we had a meeting at the bayview station and discussed

these and a number of suggestions were presented by bayview station and ecstaff. those conditions were straightforward. one was limiting the hours. meaning instead of going from 12-9, it could be 1-7 or 12-7, what have you. cutting an hour or two off either end so the neighbors in the area didn't have that full 9-hours of sound. two, we would do atdoors and do a quick reading with them and set the sound. quite literally saying this is the sound. this is what is going on. we don't want it to go above a certain level. we would set it right there and they would have to adhere to that. >> what time was that? >> it was around 12:00. basically right before they opened or as they opened. >> oh, i thought you were going at 12:00 midnight. >> no, please. i'm already working that night somewhere else, i'm sure. the other would be making sure that the sound system is small.

that we would not be giving them free reign as opposed to what sound system is installed. >> like what? give us an example? >> that is up to you. >> what are they using now? >> we can ask. what are you using now? >> outside, what are you use? >> on july 26th, after the event in july we got to know there were some noise complaints and several complaints about the event that was held in july. so when we applied for the permit for august, it was brought to our attention there were issues that needed to be addressed and at that point we scheduled a meeting at bayview station with officer robinson and joslin was there and knowle, the promoter and myself and sound technician at cocomo. everybody who was involved with the event attended the meeting and the points that were brought up were addressed.

and immediately after, on the following day itself, we addressed pretty much -- we specifically sat down the actual sound component for the event. this is all for august. we did the insulation, because the inspector pointed out vulnearable areas in our building, which is all insulate ed this was done immediately, the day after. we sound proved those bare walls. it's a metal building and most of it is insulated. we did outreach and sent notice to the building that we got most of the complaints from. and we have one contact in the building, whenever he has a problem, this one person actually contacts us and actually uses the phone numbers that we have given them to contact the club directly. so

we have good rapport with him and he let us into the building so we could post the notice across the building, and i have a copy of that. all of this was emailed. all the actuals that were taken, i put it down specifically in an email and it was emailed to the bayview station, to the director, and everybody has a copy. so to say that we haven't done anything up to this point is kind of inaccurate. the weird thing is that this happened july 27th. on july 31st we had -- the club had an issue with our landlord and we were actually locked out for a month and a half. >> i don't mean to interrupt you, but you are far afield from this outdoor loudspeaker permit. you are talking about what is going on inside your club, which is not the issue before us right now. i just want to stay on track. >> i wanted to address the complaints coming after the outdoor permits. so there was noise that was leaking from the building, even after the

outdoor permit would end. and those issues have been addressed. as far as outreach, we have done all of the outreach. >> you have done outreach for this coming october already or you are talking about august, right? because this is a different permit. this is a new permit and outreach has to be done with this permit? >> we do out reach in general about cocomo? >> it sounds like if we grant this permit october 14th, we're going to have nine hours' of loud music outside, followed by three plus hours of music inside. which is going to permeate the neighborhood. i don't think you have done anything that i have seen to address the concerns of the community outside. you say you have insulated it, but i don't know of any tests

that have been presented to us. >> can i just say one quick thing? cocomo just got back their license. their lease. so they are back in business as of only a week and a half ago. so we jumped on this last week. i personally came in and filled out the permit and we were on the docket. so there hasn't been any time for us to necessarily do outreach at this point for this coming month. but i think what he was trying to say is that outreach was done for the october day. >> how long have you know you were going to do this? >> we have roughly a week, week and a half. >> there is a week where the outreach starts >> there was a week from when cocomo knew they would be back in business and for us specifically we worked out the deal for us to do the event this past friday, september

29th. i went in to speak with joslin directly and she told me act fast, fill out of application and get things done over the weekend, which i did. and that is why we're here on tuesday. >> all right. enough. so at this point, four complaints, but it wasn't from this event. it was from other event. it was a different promoter or this was the same type of event? okay. is there anything that you see in this application that they could come forth with a compromise that would make it workable for you, not to put you on the spot? >> that is the tough question.

just past behavior is a predictor and they haven't been responsible neighbors and made the fixes. the emails and fixes were done in july. so if there was just some ground even discussing this with us or helping us do email outreach. we're happy to work with them. we have recommended permits in past and it's not bayview station is unreasonable, but we step into this very cautiously. >> you had some type of failure with your landlord and i haven't a clue as to what happened. but that can't be our responsibility. i personally feel that this is not ban been addressed and it's going to be a problem in the community and maybe you want to put it over to november and address it rather than trying to rush it through. i understand you can't do it in november, because it's an

outdoor event and it's going to rain. part of the issue is that for the neighbors it's been pounding and maybe you are done. to maybe you have a 5-hour event, 6-hour event and we all know that nobody comes to our event between 12-2. >> the sound that comes after. >> it's not this permit. this permit is the sound permit for outside. so if i were to make a motion, which i'm not sure i'm going to do yet, but if i was, i would limit your event for six hours or five hours, like, you know 2-8. or 2-7. or 3-7. something like that to give the

neighbors some relief and that is some kind of a compromise. you possibly don't have as many people that you can collect admissions from and don't make as much money, but it also sets the place for you to be able to do it again in the future, maybe next summer. i understand you can't do it in november, i do. >> part of reason why we're here today is not only for october, for the summer series finale, but setting up next season so see if we're going to hold it at cocomo or elsewhere. longevity is important to us, as well as cocomo and i know you advocate for entertainment. but just seeing it over the years, you know, the lieutenant spoke about 817 terry francois and those events were never an issue with 2nd sunday. so i don't think that the cad reports have to do with 2nd sunday, but we all know the

issues around kelly's mission rock and we don't have to speak to those today. outdoor entertainment and even at cocomo or else is becoming far and few and it's unfortunate to see that and i sit here and advocating for not only this event, but for next season. it's unfortunate, but people want to hear good music in the sun. and whether people are moving down there or not, we do monitor the sound levels and we do have good sounds technicians to make sure that we can limit that. so the audible level outside for the neighbors we can continue that. >> so what is your compromise? >> 2-8. we knock out and say two stacks of subs you mentioned earlier in the last people up here. as far as the highs and mids, i

don't think those are an issue. but if we knock outstanding one of stacks of subs. we only put two stacks of subs out there. it's not even that major what we're used to. >> how high are you stacked? >> it's basically when we say "stacked, "it's two subs. >> two double-a teams? >> yes. so we go down and knock out one stack and just do a stack of 18s. >> yes. >> so we have to go to public comments. thank you. >> i think we have heard enough. any other questions from the commission? any input from the public on this issue? nobody wants to testify? do we have a motion?

>> i would like to move to approve this permit from 2-8? 2-7? how about we compromise, 2-7:30. i'm serious. 2-7:30, approve this permit 2-7:30 where the sound system will not contain more than two date base bins both double 18's. that is the max. did you get that? >> point of clarification, what about the sound test? >> yes, and vaj doing the sound test. >> and outreach -- serious outreach to neighbors. the reason these sort of parties don't happen is because

neighbors aren't consulted until it's too late. it's not just the neighbors' fault oar development's fault. it's also the fault of entertainment to take half of the responsibility. so i don't think it's fair just saying it's only what it used to be. if we all compromise, we can make it what it will be. >> okay. so the motion is 2:00 to 7:30, no more than double 18's-- two double 18's. >> i have one quick question. once they move in. >> can you second my motion? there is a motion on the floor? >> i second the motion. >> now you can discuss it. >> i'm sorry. is it cut off at 11:00 in the inside? >> the late we have ever gone is midnight, but when this party, like you said after the

outdoor party is over, people trickle out. so after 11:00 there is only a couple hundred people left. >> the point i'm trying to make is instead of having them, even if you start at 2:00, and this thing is going on. >> it has never gone to 2:00 and we don't expect it to go to 2 :00. >> cocomo, correct me if i'm wrong, cocomo is permitted for a pe, so you can't condition their inside? >> we could deny the outside, unless they involvement to volunteer to go along with it. even 8:00 for me, i know you want 7:30, 8:00 is just 30 minutes >> if i could say that half an hour makes a huge difference

for us. >> thank you. we got it. we have a motion and second. audrey is there a reason you want them to do it until 7:30? just for the sake of compromise? >> you are trying to make a friendly amendment? >> yes. >> i accept, to 8:00, 2-8. >> do you accept that? >> i would second it. you want to call the roll? >> commissioner hyde? >> aye. >> commissioner joseph? >> no. >> commissioner tan? >> aye. >> commissioner lee? >> aye. >> president newlin? >> no. >> okay, i'm going to do this again. i move to approve hours 2:00 to

8:00, no more than two double 18's base bins, sound test by vaj and outreach to the neighbors. that is my motion. >> wasn't that the one we -- >> no the one before was 7:30. >> i thought we moved it to 8:00 >> i thought you said you did not accept. >> it doesn't matter. >> i would rather try at 7:00 on this motion. >> my motion is 8:00. >> okay. >> did we just vote on 8:00 p.m., correct? >> did you say he did not accept the second? >> let's call the roll to 8:00. >> same motion. >> call the roll again we're redoing the motion. >> there is no second. >> i second. >> commissioner? >> no. >> commissioner joseph? >> aye. >> commissioner tan? >> aye. >> commissioner leave?

>> aye, president newlin? >> no. same outcome. >> so the motion failed. is there an additional motion? >> we can go back to 7:30. >> let's discuss for moment to why the nos are voting no and maybe we can remedy that. >> i will just say there isn't a lot of consideration for the neighbors and a lot of consideration for the party and i think that to me indicates that probably 7:00 would be the best time to shut this off. i think that if it had been an isolated sound incident in that area, okay, but it isn't. it's an ongoing problem, and i think that it needs to be addressed. and since it is so slow in

being addressed, that i think 7:00 is a fair time. >> i mean without knowing more facts about who is making the calls, i think it's difficult to say it's a community-wide issue. it sounds like it may be one or two neighbors. it's not one or two neighbors because the first time they came i looked into this as well and it's more than just one or two neighbors. it's also more than just one or two buildings. >> i think we can look into that. >> well, i think it's not going to go anywhere unless you go along with commissioner hyde. so it's either that or nothing the way i see this goes. and they want to come in all next season and i think they should be willing to cooperate to show that they can do this outreach that they haven't done and do it and the club can do a real strict monitoring of their sound after the event is over. and if it goes well with the

community, we would be, i'm sure we would be more flexible in the new season to consider changes. >> okay, let me just say that 2nd sunday is a staple in san francisco every summer. 2nd sunday is a party that happens all summer long and has been happening for more than a decade. so this not new on the block. they move their party around. these are good people that provide a service to people on the water, during sunny days for the most part. so it's not like they are new doing this or that their purposely trying to kill their own event by being nasty to the neighbors. so that is one thing. the other thing i do understand that the cost of putting an event on is an issue. and sometimes an extra half hour does make a difference.

that is just what my thinking is and this is their last event of the season. >> right. and i'm not saying this they are being nasty to the neighbors. i never said that. i'm just saying that there is certainly a long litany of times when the neighbors were not taken into consideration. and they haven't even done the outreach. if i had all of these complaints from all of these times, the first thing i would do is do the out reach to the neighbors; i think that would be one of my first considerations. that is why i feel like i would go with 7:30, but i think it should be 7:00. >> he says 7:00. i'm going to go with 7:30. i would say let's compromise and go with 7:30 and move on. >> i would like to make a motion. to approve the permit 2:00 to

7:30, two double 18's only. sound test, outreach to the neighbors. somebody second. >> and i would like to notify jocelyn or nicholas what type of outreach you have done, so we have a record of that before the event. >> so noted. >> i second that. >> okay. second. call the roll commissioner hyde? >> aye. >> commissioner joseph? >> aye. >> commissioner tan? >> aye. >> commissioner lee? >> aye. >> president newlin? >> aye. >> item f, sam sirhed dba sam's cable car lounge, 222 powell place of [-epblts/]tainment permit [ka-eupgs/] . it's an american restaurant near union square and the applicants plans to have evening and night performances from the house band and local musicians. your packet includes several

letters of support from neighboring businesses, merchants associations and residents associations. >> is there any objections noted in this? >> no. >> okay. >> and there -- tenderloin station has recommendations. >> this is not being objected to, so if you want to make a brief presentation. >> marcia representing the client sam sirhed dba sam's cable car. how does this work? he owns the property. there are no residences above it. and below he has had

wine-tasting lounge and very upscale wines indeed. then a few months ago, the gold dust lounge had to leave because of landlord problems and they have now relocated or they are relocating to fisherman's wharf. mr. sirhed thought it was an opportunity to keep one lone small business in that block of powell street, the 200 block of powell. everything else is formula retail. he could of course make more money by leasing it out to formula retail, but he wants to make another shot at trying to maintain his own business that would be sustainable. that would be to emulate in many ways possible what had been at the gold dust. the music will be comparable. low amplification, a house band, just like the gold dust had. same price points, and similar

hours. so we're here for the permit to have the entertainment, which will be a full entertainment permit and i turn it over to mr. sirhed. is he is very good at speaking for myself. >> thank you very much for allowing me to stand before you today. i bought this property ten years ago and i have many chains who want to lease it from me. but if i do so, i will put ten families out of business. i'm very loyal to the group i work with and inspector torres was so kind that six years ago allowed us to have liquor there, which we sell and we're going to sell in there. two licenses in order to get the lounge license. so i want to thank you mr. torres and the police department and the band is going to be like maybe two or

three-person band. because the place is not big at all. it's very small. and we'll do the best to contain it. thank you very much. >> thank you. have you seen the conditions that the police have recommended and are you in agreement with those? >> yes, we are. >> okay, officer torres you want to comment? >> good evening commissioners i'm officer mike torres and we have reviewed this application and we're recommendingapproval. i have had a chance to speak with mr. sirhed and i have worked with him over the last ten years under fairly good business. he had a wine-tasting store there. and like he mentioned, he gave up two liquor licenses, liquor store license and an off-sale wine-tasting license and now he just has a bar license, which since we lost the gold dust bar, he will just get