suspend or revoke permits, if there is prosecution. i'm here to answer questions >> my question is how often are suspensions given for these? >> probably in the last year or so, this is the first one we have suspended this year. we have closed a lot of facilities for operating without permits. but as far as suspensions, or revocations, this year, this would be the first one. >> for 2012? >> for 2012, i believe there was probably one also. >> and how long was that suspension for? >> i think mr. horcher was referring to the palm tree. i think that was for prostitution and that was originally it was a 30-day suspension. >> okay. thank you. >> thank you. counselor, i had a question for

you. you do not or maybe you do. do you dispute the case history against this establishment in terms of what had been -- which cases have been thrown out and which ones have been carried forth? he indicated the three in his brief, the previous years. >> in terms of the police reports? >> yes. >> actually, i don't take a position on that, because i did not run those down. and the reason was that his argument in that case was that you had to prosecute a case all the way to conviction for it to count. and that is actually not the legal standard. and so i didn't -- i didn't spend my resources tracking down the ultimate disposition of those cases. it is enough for the hearing officer to find that those

prior violations occurred regardless of whether or not they eventually led to a conviction. and the hearing officer could properly make that finding based on the sworn police report in front of him. there is case law clearly on point that says that is an appropriate basis and substantial evidence for administrative fact-finding, both the sworn declaration of the police officer and the police officer relating the testimony of other people who had been in the vice team who also participated. so can i say for sure what happened in those cases? no, i can't, but there is no indication that the factual predicate was wrong. it was proper. >> statement sorry, one last

question. was there a fine that was levied towards the ceo? >> yes, there is a $2500 fine being levieed >> thank you. >> thank you. commissioners barring any further questions, the matter is submitted. >> might i make clear to the commissioners what is before you tonight is the permit itself. but the board has not given you jurisdiction over the fee part of this. so it's really the suspension of the permit that you get to decide on. >> thank you. >> and also, just for clarification, we have no jurisdiction to reduce the penalty? >> right. >> that is correct. up or down? >> i'm sorry, clarification. >> there is no reduction. we have no authority up or down? >> you can modify it.

>> yes. you can modify the suspension, but not the fee, the fine, the money. >> thank you. earlier i misunderstood. thanks. >> i mean, are we having conversation? >> yes, please >> looking and going over the file, evidently, this is not the first or the second, or the third. but the reason why i asked for previous background regarding suspensions is that is somewhat of a standard that has been set to follow along with what has been given in the past. i don't know regarding, i guess, the three palms or six palms, how many times they had been caught for violations. so i'm not sure if we go from 30

to 90, if that is appropriate, or if it is appropriate, that is my feeling. and so i'm not sure. i will leave it to the rest of the commissioners for me to hear some more dialogue. >> i think my issue is sort of recidivism issue. so 90-day suspension is not a year. it's into not a revocation. it's somewhere in between. i find persuasive the briefing of the city attorney on the notice issue, as well as uncompelling the briefing on the jurisdiction issue on the part of the appellant. as far as the penalty itself, my generinclination is to uphold as it is. >> i would agree with that. i feel there have been multiple

efforts to try to stall on this, to somehow set up a case where there wasn't going to be jurisdiction. i believe the deputy city attorney forewarned us about that at the last hearing. i think we were generous in allowing this case to be delayed for change of counsel and proper briefing. but i continue to be persuaded by the facts and what i have read, that this is a series of violations and this is an appropriate suspension. >> okay.it's interesting in terms of history, because this board back in the '80s, every meeting there would be a suspension or a revocation case related to a massage establishment? >> when was this. in the '80s and mimes more

sometimes more than one. i don't know if the numbers has gone down or they are obeying the law more. >> you did your job in the '80s. >> the question here, i don't think there has been a lot of dispute over the incidents. there is probably some dispute over the exact happenstance over the more serious incident and therefore, i accept that there has been a number of issues here that warrant some level of penalty. the contrary side to that is the fact that there were some due process issues. one in terms of the 20 days. and i was also not overly impressed by the nature of the hearing process that i read in the transcript. it was not very well-done and i

didn't think it was just an issue of language, but what i read into statements. how people were directed. how they were allowed -- and i didn't find it very appropriate to a city agency in terms of how we deal with our citizens, no matter how guilty they may be. so i would probably, based on that, as a counter, and i don't disagree that they have found significant incidents that warrant penalty, but i would reduce the penalty, just because of the due process issues. >> what is your proposal? >> i would reduce it to 30 days. >> you want to bargain 60? >> split it at 45?

>> i could get behind 60. >> split it or 60? >> 60. >> i'm comfortable with 60. >> i'm comfortable with 90, but i'm go to 60. >> i accept. i would move to uphold the appeal and reduce the penalty to 60 days suspension. do you need findings? >> would that be on the basis? >> on the basis that the notice was faulty. >> okay. >> i can't get behind that basis actually that the notice was faulty. >> what would you? >> i would say that there were questions raised regarding process at the hearing level, but not notice. >> all right, due to questions related to process.

>> okay. we have a motion from commissioner fung. to grant this appeal and reduce the suspension from 90 days to 60 days on the basis of questions related to the process at the departmental hearing. >> yes. thank you. >> on that motion to reduce president hwang? >> aye. >> and commissioner hurtado is absent. vice president lazarus? >> aye. >> commissioner honda? >> aye. >> the vote is 4-0 and the suspension is reduced to 60 days. >> there is no further business. >> thank you, this meeting is adjourned.

>> when the new california academy of sciences opened in 2008, it quickly became one of the top tourist magnets in the city. part of the cal academies' astronomical success is the weekly nightlife party. >> i am joined by helen, who is here to school me on all the nocturnal activities that are getting ready to take place here. tell us a little about what we can expect to see at nightlife. >> we open up the doors every thursday night at the california academy of sciences. there are certain things you can see every week you can go to the museum, visit the planetarium, and we bring in bars and a deejay or band. it is a different feel from during the day, something different every week. tonight , we have beer and music.

-- tonight we have great beer and music. it is beer week. we have a dozen local brewers in african hall. we have a deejays to set up throughout the museum and a live performance at 9:00 p.m. tonight. >> what has been your favorite part as a participant or as an observer? >> my favorite part is to walk around the aquarium in to see people with a drink in their hands, getting to know maybe somebody new, may be looking for a day, or chatting with friends. there jellyfish. i mean, they are beautiful. >> the culmination of the animals. >> it is very impressive. we do not have this at home. >> tell us a little about some of the spider's we see here on display. >> at the california academy of sciences, there is a very large collection of preserved and live

specimens, which are the evidence about evolution. we have the assassin spiders, which are spiders that exclusively kill and eat other spiders. they are under the microscope here. research done and the california academy's i rhinology lab suggests that the assassin spiders have been doing this for over 150 million years. this glassed in room is a real scientific laboratory, and the people in that room are preparing specimens of vertebrate, that is mammals and birds. the way they do this is to remove the skin, sew it together in a relatively lifelike pose, and ensure that it does not decompose. >> i am a really big class actress fan, so i am here to see

them, and beer week. >> i wanted to learn something and have fun. >> i always enjoy it. i am not all is well -- always working as i am tonight. sometimes i come to enjoy the music and to dance. ♪ >> culturewire covers the arts in san francisco, and one of my favorite culture artists is here tonight. jason, thank you for being on culturewire. tell us about some of your posters that we have here today. >> most of the posters here are four specific shows or tours. i am hired by the bands or the venue. >> what is the inspiration behind these posters? >> no, disease of the related to the bay and, of course. music -- it is related to the band, of course the musical content or isn't related to the bed. album covers can come from

anywhere. ♪ ♪ >> class actress was great. we have been having so much fun. i did not realize how beautiful the cal academy looks than that. what other events take place here? >> we do corporate events that night on a regular basis. but nightlife is your best bet to come in as a regular person pharmacy the academy at night, and visit with friends.

calacademy.org/nightlife. we have details for the next few weeks. you can get tickets online in advance or at the door. >> thank you so much. thank you for watching culturewire on sf gov tv.