should be consistent and say if we're going to give walgreens a hassle about has -- tobacco, then we should treat cvs the same about the liquor. it's kind of like saying, you know, that's the way it is, but then, i'm a firm believer of seeing the evidence just like a judge does. thank you. >> mr. nulty? >> i'd like to pass this in. my name is michael nulty, i'm the executive director for better alliance 6, we'd like to request a continuance on this item. we would like to acquire proof purchase of 1021 polk street off-sale liquor license as well as the 1541 polk street type 21

liquor license, we'd like to see that it's been transferred, then the community will be satisfied that cvs is acting in good faith, we're not clear on the relationship between the gar field beach cvsllc which is the liquor license owner that's been talked about and then we are also not clear about how a surrendered license purchase helps the polk street corridor when the license is no longer actively a nuisance in that area, so we have a lot of concern about this and then again as of today on the abc website, i want to reiterate that -- the overhead, at 1042 polk street, this is off the

abc website, the license is still active with the previous owner and as well as the license at 1541 polk street, the license has been surrendered, so it's not been purchased by anybody, so this is as of today, because the inquiry was done on the 21st, that doesn't mean that they update until tonight, the 22nd. >> any other members of the public wish to comment on this item. seeing none, public comment is closed. >> you can go and consider this item. >> thank you. supervisor olague. >> i'm inclined not to support this but for the sake of the discussion and because the supervisor has worked with the neighbors for a long time, i remember when this first came to the planning commission and

many of the lower poke neighbors had expressed a deep concern about allowing this liquor license, but given that they're going to be obtaining those licenses from two problematic locations, then i'm happy to get this through this committee, but i may not be supporting it at the board because i don't see -- i believe that it's time that we start to scrutinize the number of products that some of these pharmacies are selling and with trader joe's sitting next door, they have an extensive liquor selection, i don't see the necessity of adding a beer and wine license to a pharmacy, so again, out of respect for the lower poke neighborhood association, the work they've done with the supervisor's office and i'm trying to get it through to the board but i think this is an issue that i would like to -- i think it's time that we start to review and i will be happy to work

with supervisor chu, engage in some of these discussions with supervisor mar, we're looking at creating healthier retail spaces and i think that this is very much should be part of that discussion. so, i'm willing to move it to the next level. >> president chu? >> thank you, supervisor olague and let me say a couple of things on that point. this was not an ideal situation for the neighborhood which is why we spent many month toser negotiate and require cvs to take a number of liquor licenses out of problematic areas and i have stated to the neighborhood that i did not anticipate supporting another situation like this, at least within the polk street neighborhoods and i would be open to considering legislation if that is a direction that we want to go through as a city to state that for these types of entities, alcohol may not be appropriate, that is a conversation that would be for

the future, but supervisor olague, i'm more than happy to work with your office on that, doi want to ask the project sponsor if you can address the concerns that have been addressed for alliance for better district 6, you have selected the purchases of the license that were significant issue and negotiation with the neighborhood and if you could tell us that specific situation, i think that would help clarify the concerns raised. >> holly from [inaudible] on behalf of cvs, the reason that you see the licenses as surrendered is they're in escrow until we have a location to transfer to or have the approval of the pcn and then can cancel and eliminate those licenses to be sold to anyone else, cvs does not operate the location that the existing licenses are tied to, they cannot physically own those licenses until they're moved, and that's the likely pathway

of the spencer and daniel's license, the jane d. liquor, we're looking for an opportunity to move it to another location, we would do the same process which is to surrender it for 90 days, they can't bring in a new license, we've been thoughtful in how we've been purchasing the licenses from prohibiting the neighborhood to purchasing another license. >> and are those documents that you are able to share with folks. what can you share with the neighborhood? >> i will show you that they are under a contract. >> and i would love to share that with neighborhood folks if folks would like to say that, colleagues, one thing i would like the point out that the san francisco police department, they did do their due diligence on this, the neighborhood did negotiate a number of voluntary

conditions beyond what the san francisco police department had requested and what i would like to ask that the draft voluntary conditions that were laid out in the project sponsor agreement that were negotiated with the neighborhoods which would probably add five or six conditions on what the police department had asked, that those be adopted by this commission. >> yes. >> and one of those conditions states that these licenses, the additional licenses will be not only purchased by transferred out of the area so there's not a concern of that, they'll still somehow be moved in and around the area. >> okay, seeing no other comment, supervisor olague, would you prefer to send this item forward without a recommendation? >> we'll send it forward with a recommendation. >> mr. clerk, that would be the order. >> can you please read item number 2. >> item number 2, hearing to consider the transfer of a type

48 on-sale general public premises liquor license from 247 pow well street to 165 jefferson street. >> again, president chu, in your district. >> thank you, mr. chair, colleagues, this is a liquor license that involves an establishment that i think many in san francisco know quite well which is the gold dust lounge, it has had a wonderful history in union square and fortunately the land lard to the gold dust lounge did not see fit to continue renting to that establishment and instead is moving a national clothing boutique into that space which from my perspective and i think the per spective of many, i think supervisor olague thought was a real shame given the historic nature of the gold dust lounge, i was heartened and i think many were heartened to learn that the gold dust lounge hopes and plans to be moving to the fisherman's wharf area, this is a liquor license

related to that, i know there was significant outreach to the fisherman's wharf area to make sure folks would understand the kind of neighborhood business that the gold dust lounge has been and with that, this is a liquor license transfer that i support and i just want to mention because the comment had been made before, this would be moving this specific liquor license really away from the district 6 area which is where i know some of the activists here have had issues with and moving it along the waterfront on to jefferson street. er >> thank you, president chu, does the project sponsor have any comments before we move to public comment? please come forward if you do. >> good morning, supervisors, [inaudible] i think president chu has covered all the points except for one item that i want to cover as part of our due

diligence for outreach, and this is nick bovis, the proprietor of the business, we did have an ongoing dialog with the upstairs commercial tenants would was complaining about the possibility of a noise leak from the entertainment from the gold dust lounge, the gold dust lounge at fisherman's bhar f has not commenced build o*ut yet and when it does, there are plans in place to do significant soundproofing and as you well known, an entertainment permit cannot be fully granted until the inspection is given from the city, so all the safeguards in place, we've done significant outreach to this particular tenant upstairs and another tenant e-mailed me back and said everything was fine as far as he was concerned so that's about it, this is nick bovis. >> i wanted to thank everybody for your support and help and

the cause from [inaudible] downtown to try to stop all the retailers in making san francisco the same, we appreciate all the help and support and i know everybody tried really hard and the next best thing is to move it and we appreciate your support. thank you. >> thank you. >> thank you, any members of the public wish to comment on the item? seeing none, public -- >> could you pass these in, one for the clerk. my name is michael nulty and i'm the executive director of alliance for better district 6, we are a coalition member of the tenant's association coalition which has written a letter of support for the type 48 liquor license at 165 jefferson, the gold dust lounge

at fisherman's wharf, we believe the tenant's association coalition supports gold dust lounge at fisherman's what f, requests for resolution for public convenience or necessity. the representatives that had come to one of our meetings and told them about their proposed plan and so we are quite aware of that, we're also very sympathetic about the [inaudible] of specific businesses, there aren't that many left, they're mostly large retailers and we like to see small businesses thrive in our downtown area to clean the business corridors, and so it's very important to see that businesses stay, particularly small businesses because they provide more to the economy than these large corporations

like cvs, thank you. >> any other members of the public wish to comment? come on up. >> pardon me for being late, there was a two hour commute from nevado, my name is antoine, i'm one of the owners of 165 jefferson, in 1934, my father bought the property and it's still in the family, although scattered amongst children and grandchildren, in 1934, my father bought the property put his hardware store in it in 1968, the [inaudible] restaurant burnt down and took my father's hardware store with it, they built two structures, ours was mostly shops, theirs, they had a restaurant and a bar downstairs and offices upstairs.

thereafter, this being his, they closed the restaurant downstairs, but they leased upstairs to a bar called the silhouettes, so the premises next to joining us at 155 jefferson has had a liquor license on the first floor and a restaurant and then they had a stand alone restaurant upstairs, the trade upstairs was people that used to work in the area and of course with respect to the situation now, the premises are to be leased hopefully to the gdl, gold dust lounge to put a bar just next door so the area is not stranger to a bar in that place and i would consider it that the resolution should pass and that the bar be allowed to continue or to be placed there

at 165 jefferson street. >> okay, thank you very much. any other members of the public? seeing none, public comment is closed. >> supervisor olague. >> i wanted to tlang the bovis's for hanging in there and finding a new location and relocating, i think it's to the issue that came up around the gold dust lounge that i think we still need to discuss here as a city, the issue of the c-3 being exempt from any kind of conditional use when it comes to formula retail, i know it has to do with cost of rent and there are a lot of issues, perhaps a conversation with boma, but that is one of the few areas of the city where conditional uses where formula retail is allowed as of right, i think, not the only area but one of the few. also we came to the realization that landmark a building only

preserves the exterior it doesn't preserve the culture, so i think that we still have that -- we're still in the midst of those conversations about creating cultural heritage districts throughout the city, we're more interested in what's in the building rather than just the building itself, so that's one of the challenges that i think we were struggling with when it came to pursuing the landmark indefinitely and to what end, you know, so anyway, those are -- i just want to thank you again for hanging in there and hopefully we'll be at the opening of the gold dust lounge there in fisherman's wharf, so i would like to move this to committee -- move this out of committee. >> president chu? >> this is not a formula retail establishment, this is a one of a kind establishment and i certainly think there are element tos the gold dust

lounge which are historic, that being said, given the rules that we have, it wasn't deemed such and needed to move, but i do hope and believe that this is an establishment that will soon become a neighborhood favorite and from my perspective, i think it's important for the fisherman's wharf community that only sees tourist community tho have a handful of places where local residence and is people can go, and this is in part why i support this move, so with that, i appreciate supervisor olague's support and hope the committee will be able to move this in regard with recommendation. >> mr. clerk, we'll take supervisor olague's motion to move this in regard. can you please read this. >> hearing to consider that the transfer of a type 48 on-sale general public premises license

from 247 pow we will street to a 165 jefferson street. >> good morning, president chu and supervisors, my name is rich, i'm a police inspector with the san francisco police department, the applicant has filed an application with the beverage control [inaudible] for 1201 minnesota street located on the south corner on 23rd street, it is an online order company and is not open to the public, this company has moved to 1201 minnesota street at their previous location of jarrold avenue. [inaudible] as far as police calls for services, there's been no reported police calls

for service from july 2011 to july 2012, no regard of police reports from the same type period of july 2011 to 2012, this premise located in plot 314, the high crime area defined at 300 or more [inaudible] this has 109 reported incidents recorded from the year 2010, this is under the high crime area definition by 106 incidents. the applicant premises is not located in a high crime area. the premises is located in census track 226, population for this track is 1534, active off-sale licenses are 4, applicant premise is located in an undue concentration area, there are no record of protests with with the california department of alcohol beverage control and there are no records of support with the

california department of alcohol beverage control. there's no opposition from bay view station, the police department recommends approval, the following conditions have been recommended to the california department of beverage control, number 1, sales of alcoholic beverages shall be permitted between the hours of 8 a.m. and 7 p.m. monday through friday, the petitioner that be responsible from maintaining free of litter adjacent to the premises as to where they have control, number 3, sales of alcoholic beverages shall be restricted to alcoholic beverages that are included in a gift basket, number 4, graffiti has be removed from the premises within 72 hours of application. if the graffiti occurs on a friday or weekend day or on a holiday, the licensee shall

remove the graffiti within 72 hours following the beginning of the next work day, number 5, loiter, loitering is defined as to stand without lawful business, it is prohibited on any sidewalks or properties adjacent to the license premise, number 6, there shall be no exterior advertising or any sign or type including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages, interior displays of alcoholic b*efrnl beverages or signs shall constitute a violation of this condition and number 7, no retail sales of alcoholic beverages to consumers shall be permitted at this location, all sales of alcoholic beverages should be made via carrier to the customer off-site. thank you. >> is the project sponsor here? no? any members of the public that would like to testify on this

item? seeing none, public comment is closed. >> i'd like to move it. >> move it forward with recommendation, mr. clerk, that will be the order. can you please read item number 5. >> item number 5, hearing to consider the issuance of a type 64 special on-sale general theatre liquor license to jason seifer for the american conservatory. >> the applicant has put in an application with the department of alcoholic beverage alcohol seeking an alcoholic beverage license type 64, this is an on-sale general, from the location of 1115-1117 street, for the purposes of this hear,

the california department of beverage control seeks a determination pr the board of supervisors as to the approval or denial of this license. from the time period july 2011 through july 2012, there were reportedly 72 police calls for service, in that same time period, there was only one police report. this premise is located in plot 208, the high crime area is defined as 215 or more reported incidents, this mot had 2183 incidents recorded for the calendar year 2010, this is over the high crime area definition by 1968 incidents. the applicant premise is located in a high crime area. the premise is located in census track 176.01, population for this practice is 7630,

active on-sale licenses are 75. off-sale license authorized by census track is 7, active off-sale is 10, active premise is located in an undue concentration area, as far as letters of protest, there are no records of protest with the california department of alcoholic beverage and there is also no record of support with the california alcoholic beverage control. no opposition from southern police station, the police department does recommend approval, the following conditions have been recommended to the kol foreign ya department of alcoholic beverage control, number one, sales, service and consumption of alcoholic b*efrnls shall be premed only between 4 p.m. to 11 p.m. sunday through thursday and 4 p.m. and mid night friday and saturday evenings. number two, the sale in serving of alcoholic beverages shall be

limited to ticket holders only during and two hours prior to a bonafide theatre performance of the theatre company, the bonafide theatre performance is defined that the licensee must [inaudible] other performers for the purpose of putting on performances, number 3, sales, s*frs and consumption of alcoholic beverages should be made from stationery bar, reportable bars and waiter/waitresses service and shall not be sold, served or delivered to customers by individual ambulatory vendors, number 4, the sale of alcoholic beverages for consumption off the premises is strictly prohibited, alcoholic beverages should be served in containers clearly distinguishable from non-alcoholic beverage containers, number 6, the sale of alcoholic beverages shall be limited to two or more than -- excuse me, shall be limited to no more than two beverages per person per sale, number 7, the petitioner shall post signs

measuring no less than 2 by 2 inches with no lettering of two inches that height that read "no alcoholic benches beyond this point" at all permitted entrances, stair we wills and entrances to the theatre seating area as depicted on the abc form, an employee or security guard shall be ensured the possibility of ensuring all alcoholic benches be within the permitted area when they are being exercised, number 9, at any time, the licensee utilizes a third party promoter, the licensee shall retain staffing of the business and shall approve all marketing, loitering is to stand idly about without lawful business is prohibited on any sidewalks or property adjacent to the

license premises under the control of the licensee as depicted on abc form 257, number 11, the petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, and the exterior of the premises..[reading].. be made discernable the appearance and conduct of all persons on or about the premises. >> is the project sponsor available for any comments? >> good morning, my name is jais sore seifer, i'm the director to have finance at act, so we've been at this location for ten years already, it's where we produce our costumes for all of our productions, about a year ago, we made a performance space with the black box theatre, we think it's beneficial for the neighborhood to continue to activate the neighborhood especially in the evening, we

purchased the [inaudible] on that same block, we're hoping to renovate it and turn it into a 199 seat theatre, to activate that particular block, so i'm basically here if you have any questions about this particular liquor license, obviously it's pretty restricted and we always have a security guard at the site and, yeah, if there's any particular questions you have, i'd be happy to answer them. >> you agree with all the recommendations? >> yes, not a problem. >> any other members of the public wish to comment on this item? >> my name is michael nulty, i'm the executive director of district 6, our land use committee did send in a letter of support to the project sponsor, i guess abc did not get it but we do support the license and we believe that

having this venue will serve the convenience and necessity of san francisco, and will obviously benefit the market street corridor and will make everybody happy and maybe party some. thank you. >> thank you. >> any other members of the public who would wish to testify, please line up. >> good morning, supervisors, i would like to speak in support of this idea, i'm familiar with the strand theatre when i was a little kid and i think act is going to show a lot better productions than the strand used to, so i think having a legitimate business in this area is going to try to uplift it eventually. now, like supervisor chu and a couple of previous speakers had mentioned, today's program so to speak had all liquor licenses, i thought