so it is creating a problem. so i hope that you don't approve this. thank you. >> only appointed information, about him personally, like did he call or did he ask. any other public comment? >> you are an applicant, you can't do public comment. >> is there any other public comment? >> seeing none, public comment is closed. >> miss king? did you know offhand if this venue is in violation of anything, i mean, anything with regard to the planning department? >> i do not know of a violation of from the planning department. we got in writing and i don't know if it is in your package, but i have a memo from the planning department. that was dated the fourth of

february. stating recommendation of approval in the rc four, limited live performance and accessories must be conducted in doors and must not exceed 200 square feet and must conclude by 10 p.m. there is nothing else in this memo from planning and indicating violations. >> did we also have a complain from this venue when they didn't have a one-time event permit? that they had a brass band? >> i have had numerous complaints and i don't have the specifics for you, but, again, i think that officer methias indicated noise complaints and we have had them and i have not had any recently, directly to me, and i have vaj have you gotten any recently? >> but, we have had a pattern of noise complaints over the time at 620 jones. >> okay. >> commissioners?

>> discussion? >> i know that for some other limited live performance permits. we have asked that they have sound curtains, or you know, just to block off the doorway from actually emitted sound that is coming from indoors. is that a condition that we could add or consider? >> i have been to this venue. the way that their doors work, i don't think that would work. the doors are really large glass doors. they are very, very large glass doors. and the way in which the door operates, in my opinion i am not sure that sound curtain would work at all. >> could they figure out some way, because we had a similar complaint on urban street at the black horn. and i mean, this is surrounded by hotels and it is like a little air lock there in the patio and i think that the noise is going to go up so it is going to help a lot if you could contain some of that in

there. and i would say if the applicant really wants it he would try to do the best to try to fix it if possible. >> one of the things that i think that we can do and please staff correct me if i am wrong, is that if we wanted to go forward with this permit, we can condition it, can we condition it to end early? and only be a certain amount of days of the week? >> you have wide latitude in conditioning this permit. >> so we could do that and then they could come back in six months and ask for a release of their conditions or something. i mean that is something that we could do. if that is a problem, rather than to deny the permit. >> i think that i would like to pursue that kind of avenue. i have a feeling looking at the map and the way that the doors are that the piano may have to be situated somewhere else. but i think that if there was a time and that they could come back and we could reinvest gate

this that i would like to do it that way instead of denying it. i do feel like they would take responsibility for any actions and they have since the last time we saw them. so, i kind of believe that they would do that, but i would like to restrict it a bit right now. >> anybody else? >> no. real quick question. the back doors, is there closers on the doors? are they just swing open and... >> they are hung, you have not been to this place? >> i have not been. >> the doors are tall, and enormous and they have this function where they open in such a way that they... >> what these are are center pivot doors they are not as tall as they are wide. >> they are 8 by 8 but they don't open. so it is on a pivot. >> right. and it rotates so it was... >> that is why you can't have it. >> commissioner joseph is right, it would be pretty... it would not be possible for us to

curtain these. >> so when people leave to go out to smoke. >> they are always closed. >> how do they get outside? >> we open and close one of them at the end of the bar. >> do you actually have a security there that opens and closes for them? >> yeah. >> yeah. >> the doors that we use for the main space are way up front. they are away from the main bar and away from all of the noise. the doors on the patio structure, are actually the doors on the patio are not center pivot. they are double doors that open, that open out. so we could conceivablely if it was yesterday curtain them. >> i think that is where a lot of your problems are coming from, i think. >> well, we actually don't have music we don't... >> it is not that. it is music travels. >> depending on how loud it is inside. >> we are just trying to mitigate. and help you out, too. >> conceivablely we could

curtain them if it became an issue on the patio, the doors to the main space we couldn't. the other thing too is that we could play around with where we locate the music whether it is on the patio bar or the main space. we could play with all of that, obviously we can't to get along and don't want to generate problems for everybody. >> if you curtained all of the doors, on the patio bar, would your income sufficiently increase by the addition of the piano and the limited live to justify the cost of sound curtains in that space. >> it probably would not make a lot of sense to curtain those doors. that is why i said we could. >> that is what i think. >> i think that even he is estetically they are not looking to do or you would already have curtains there. >> that is why my suggestion would be to house the piano somewhere else just to if those doors open and sound he

escapes then we are having traveling up the air well there and it is a problem and possibility that would be a good thing to look at. >> all right. anybody else? >> all right. thank you. >> commissioners, a motion? >> >> i am trying to think of the hours. >> i would like to grant this permit. >> do you want to help? >> are these the conditions? are there any, there are no other conditions? >> no. >> i think that i would like to suggest the condition of the hours being limited to 8:00 p.m. and maybe offered do we think a day, friday, saturday or sunday?

>> or, i mean that i guess that it does not matter which days, right? >> i think that i would like to offer it saturday, sunday, and holidays until about 8:00 p.m. as a condition for the permit and i would like, you know, to, if the piano does not work in agreement that you would look into moving the piano. >> so before i ask for a second. i want to repeat this so we are perfectly clear. the motion is to approve the permit to 8:00 p.m. for saturday, sunday, and holidays. >> yes. >> until 8:00 p.m. >> until 8 p.m. >> and then they can come back and revisit this in six months. >> and our good neighbor policy would be included. >> yeah. >> that is the motion. is there a second? >> question, on that. >> second. >> seconded. >> i second and i need to... >> a second, and now you can discuss. >> i second that.

okay. >> but the question is why just saturday and sunday? >> why not friday? >> friday? >> i would go with friday. i would add friday as well. that would be fine with me. >> so, are you making a friendly amendment? >> yeah, i mean if we are going to do saturday, you might as well do friday and if it is a big problem, comes back to us and we... >> so there is a friendly amendment to the motion, do you accept it? >> yes, i accept that. >> and since you are the second and you made it i assuming that you accept it. >> yes, i do. >> is there any further discussion in >> sorry. >> i think i am inclined to support it, but i do hear the complaints about the neighbors and i am curious if we can at least schedule them to come back in six months and make sure that they kind of just report back. and i do have appreciate the tenant that came and said that you were willing to offer, double pained windows and i

think that those are really good gracious moves. so it is more than an offer. i think that those are really i think, really great to see. so i am not too worried. >> am i wrong to say that to come back in 6 months to revisit this? that is correct? >> it makes or tends to put it in a permit condition. >> yeah. >> it cannot be a permit condition and i think that it should be on the applicant to schedule that six months. it should not be on the staff to remind them. so you just mark your calendars and do it on your own. miss king could we have a vote? >> on the motion of the second missioner lee? >> aye. >> commissioner tan >> aye. >> perez. >> aye. >> tan. >> aye. >> akers. >> aye. >> joseph. >> aye. >> good luck. >> next item on the ago ahead and answer da.

hearing and possible action regarding conditioning existing permits under the jurisdiction of this commission. and item a, tim choy doing business as neck of the woods at 406 clement. we did intend to brief a request by the ap applicant to talk about the neck of the woods previously known as the rocket room. however the applicant and the recommendation have requested a continuance to the fifth of march so that they could have further conversations before coming to an agreement before coming to you with a request of change of conditions. >> first of all, public comment on the continuance of tim choy doing business as neck of the woods 406 clement street? >> seeing none, public comment is closed. could i have a motion to continue. >> motion to continue.

>> second. >> we have a motion and a second. >> the same, house, same call? >> thank you. >> next. >> item number b. atique rehman doing business as naan-n-curry. i am saying that wrong, forgive me. 336 ofarrell street, report on your compliance with conditions of issuing you the extended hours permit. applicant here? >> so, before we hear from the permit holder, as you may remember before you on december fourth, you should find in your binders the motion that was passed and the conditions of that motion relative to this extended hours permit. there were a couple of requests in there.

i think that commissioner hyde, in fact, asked them to come back tonight. and additional out reach was one of those, as well as modifications to the exterior sign, advertising 24-hour service. so that should be requested in addition. i just need to inform the applicant as well as the commission that there are two outstanding approvals from dbi and electrical that i have not received yet. so this permit is not done yet. >> which means that you cannot operate after 2:00 in the morning. >> and until we approve a permit here as a conditional permit. is approved on the condition that you get all of the needed approvals for your final sign-off. once the final sign-off happens, then you actually receive the permit. once you have the permit in your hands, you can then drive the car.

you can then operate after hours. so you are operating not in compliance, because you are operating on a conditional permit. so i just want to make sure that you understand that. >> and let me hand the microphone. >> i did not know about electrical or the building permit that i had to provide it to the applicant information. but i was aware of the reaching out to the community and removing the signs. i did that to be honest with you. and if you could give me some time and i could bring it back. i mean i have no issues with electrical or building, i was not aware, i am sorry. >> so, no one from our staff gave you instructions on the fact that you needed certain sign-offs? did you sign that? >> yes. >> you signed a document that you signed it, if you read it

or not, you signed it and you should have read it. you are a businessman. you signed the document saying that you understood that you needed the sign-offs. >> okay. >> to be honest with you, yes... >> i am glad that you are being honest with us. >> you have time. >> i have signed it and i have not since seen that piece of paper. but what was the back of my head. that was, i mean that was handed out to the other gentleman who was here with me and i am here alone. >> so he is your employee? >> yeah. >> but the buck stops with you, it is your permit. >> if you could please, permit me to give me two weeks, i will go to the city. >> i will give you two weeks. i will give you two months. but you will not operate until you have a finalized permit. >> so if i go to the city hall tomorrow and have them sign-off electrical and building and turn it tomorrow it would be okay. >> if you turn it in and staff issued your final permit you can operate. if you, that means that you

cannot operate tonight. >> okay. >> do you understand? >> okay. so you have not got a permit. not you have a conditional permit and you do not have a final permit. so, i know you understand what i am saying. i see it in your eyes >> okay. but i would like to ask, commissioner hyde who requested that you return to go through the items that he wants to ask you about. and but i just needed to say that you are not permitted to operate after 2:00 in the morning and that i see the officer here from the station and we will ask the tender loin station enforces that. >> okay? >> okay. >> commissioner hyde? >> so and i just want to say that commissioner lee also was interested in bringing you back in as well. it was not just myself. so, when you were here, and we

have a condition that the last meal is to be served at 2:30 a.m. with security on hand from 12 to 3:30. could you just explain a little bit about how your security is working and how you are telling those people at 2:30 and controlling the crowd of people coming in? >> well, actually on the weekdays we don't have that much business. we have no problem closing it down at 3:00. you know? and when it comes to the weekend, friday and saturday nights we have the security guards and they are advising people to you know we are going to be closing down at 3:30. >> and the security is only there on the weekends? >> friday and saturday nights. >> i think that is what advised. >> okay. your hours of operation are to be posted clearly and changed to reflect the new hours.

has that been done? >> the 24-hour sign is down. >> when did that come down? >> it was done like last week. >> last week? >> and you know, i have i mean i want to be in compliance honestly, i want to correct, if i was aware of these two other permits, if i had been advised with the gentleman who was with me i would have done it in know time. >> so you were here in december? >> yes. >> and this is february >> we asked you to change a sign in the window so that people would not be confused in trying to get 24 hours. >> you had a big sign on the and that was painted over, it 24 hours right over here and that has been painted over. and you can't see that it is black now. there is no sign that reflects 24. >> and it took you two months to paint over it? >> you know, if i could... >> and then could you also tell me about your neighborhood out reach? >> yes, i have done that.

and one of the addresses 140 turk street called the city impact. and the other organization is called tayam san francisco and that is on... >> city impact? >> yeah. >> what is city impact? >> it is on turk street. 140 turk >> but what kind of community organization is that? >> i think that they have the structure with the homeless. they try to put them off the street and put them into the church and try to clean them up and they need like in during that time they need a feed. so that is where i come in. i offered there is a meal to be served. you are welcome to call me and we will deliver on the day and time that you may want it. you guys need it. >> and who is the other one? >> the other one is ywam.

it is on 357 alice street. >> it is what? >> 357 alice. >> ellis. >> ellis. >> yeah. >> those are from the around the country, and the world and they get together and they walk around in the tender loin area and help the homeless and try to feed them and on the cold and give them blanket and that nature. >> educate the children from under the country. >> there are really not a lot of residents. >> but there may not be a lot of residents right directly there, but there are some residents and the tender loin is full and i mean full of community organizations and i know many of them and i have never heard of city impact or the 357 ellis. so, i will check those out.

and they were, i don't see it here, but i had asked for you to get the community organizations to sign-off after you had done the out reach to them. >> if you want them to sign the form? >> no i have not. but i have the name and number if you like. >> okay. >> and another one is the building, the building that they are trying to build a school in the city, for the third one, this will be the third one, so i got the third one. >> are these people that you went to directly and said, look, i'm operating after hours. and i'm doing this out reach, because this is part of me getting my permit. and i want to talk to you about having this after hours permit. here at our restaurant. or are these just people that you are associated with randomly that you are now going to use as a community out reach? >> i did not say anything about the permit. i just walked in and i said i would like to do something for

you guys for your organization. and if you can, let me know if you have some events going on and i would like to provide you with food, meals or something like that. no, whatever, in terms of... now, no that was not said. >> all right. thank you. >> you are welcome. >> so, the reason why i question and again, it goes by responsibility of owners. since i am industry and we get hit like you say you have a spokesperson but the buck stops with you because you are the owner. and because the sign situation just got rectified only a couple of weeks ago, or last week, i mean that already shows neglect for me. and for you not to even do the electrical inspection or the dbi to go through, which we all do to get permits, to me it sounds like you stick your thumb up to what we are trying to enforce here. i mean we tried to give you an

opportunity to comply, and it takes this long for you to do these things and you still are not in compliance. so, you know, we always want to give the applicant the benefit of the doubt and give the opportunity. but it also reflects on the owner. are you going to be responsible? and this kind of out reach, offering free stuff to your neighbors is not what we are asking for. you should tell them, what you plan to do. i am planning to open until 3:00. so maybe that changes their mind. so, i am just saying, you know, for me, as a responsible owner, we are supposed to be doing the right thing and there is always some leeway or some things that slip through the cracks, but this is pretty big for me. >> i think that... what the commissioners are trying to say is that it is really hard to trick the commission. many of us are in the business,

and we kind of have seen it all. so, it is important when you do community out reach, that you tell them that you are doing it because of the permit. because you are going to be opened after hours. and that you want to know that they are in support of that. and i think what you are doing is very admirable, feeding the homeless and helping people out and sharing your wealth it is a good thing. but, it is also devious to say that you are not letting them know why you are doing that. you know? so, i think the community out reach is definitely lacking. moreover, you signed a piece of paper that said that you need to get all of your sign-offs and you are operating in violation of that. can you not operate until you get all of your sign-offs that

is for sure. >> all right. >> anything else? >> yeah, and i just wanted to remind the commission and everyone that when this applicant came on, he had already had problems with operating after hours, i think that there was some serving after hours ar at least alcohol on tables. and you know, i took a lot of flank from community organizations for voting yes, on this. and one of the reasons that i wanted to check up is to see if my faith in your organization was warranted. and so i am glad that you came back. >> all right. why don't we just hear from tender loin station and see what they have to say. >> could i say a last word? >> sure, you can have a last word. >> i really do apologize for everything else that happened with the inspection and everything. i have never had done that in the business for 17 years. but i am still learning. and thank you for your help and.

>> how often are you at your restaurant? >> i am there 24/7. >> you are there every day. >> it is not your only restaurant? >> no that is the only one now. >> that is the own one now? >> i am always there and i am working in the kitchen and i am doing a lot of things in the kitchen. >> okay. >> and a lot of things. thank you for your help. >> okay. >> good evening, commissioners i'm officer mike torez and i am representing captain garity of the tender loin station. some time around january 16th there was a demonstration in front of the naan and curry restaurant and that was because of a piece of property that the applicant owns at 308 turk street. >> that is the whole different issue in itself. during the demonstration there was approximately over 100 people in front of his

restaurant. after this demonstration, some of the participants came to the tender loin station and one of the complaints in addition to a bunch of other complaints was that the 24-hour sign had not been removed, or changed. i then after sent a notice to nicholas king, asking for the commission to enforce that they take down the sign or paint over it. and then, a few weeks later, it was put on the calendar and you know here we are now. i went by the naan and curry restaurant yesterday. and it appears that they did paint over the 24-hour signs that they had. they had three signs in front of their restaurant. and as far as the calls for service, there has not been any

significant calls for service and it seems like they have been pretty much taken care of business and had no problems there. >> thank you. >> sure. >> okay, thank you, so much officer. >> sure. >> public, comment on naan-n-curry? >> seeing none, public comment is closed. >> direct me, staff, is there some kind of action that we are supposed to take on this? >> you don't necessarily need to take action, i think that we probably schedule it as an action item if you felt the need to. but, as far as what is in front of you now, this, again, the motion and the seconded that was approved, whenever we were here in december would hold and that would be put into the permit, when the permit is finally accomplished. >> i would like one request. i would like to ask the staff to keep in contact with the tender loin station or check on

your own to make sure that our permit is being enforced and that they are not operating on the conditional, that they have the full permit before they operate again. you can't be open until after 2:00, tonight. >> you can raise your hand all that you want. but you can't be opened until after 2:00 tonight, don't do it, we will come and shut you down. >> it is very important that the commission knows that we will check in on them and until the permit is finished which is not hard. i mean they have two last sign-offs to sign-off and it should not be hard to do, and once that permit and the sign-offs are done we will look at it to make sure that the permit is enforced probably. >> until the sign-offs are done, if they are open at 2:05, we will site them. >> okay, thank you. >> moving on, thank you very much. >> i just have a question then, about the three neighborhood out reach done by the end