area. and i just wanted... >> i have another question for you. do they have speakers outside? on their patio? do they project the music on to the patio during the operating hours? >> they did when or during that one-time. >> but that is one event. >> i mean normally, do they have speakers outside? >> i have some cads here that talk about amplification and some of them are newer than the others. >> do you have speakers on your patio. >> no. >> you have no outside speakers. >> so, i don't know how other people feel. but, conversation, laughing, among people is speech. speech is permitted. if you have two people speaking it is louder than one person, if you have ten people speaking it is louder than two people. and so on and so forth.

and there is a... that is created by human speech, however it is protected and it is human speech. if they had amplified speakers on the patio then they are in a clear violation. >> here is a cad from december 13th, 9:36 p.m., the jones restaurant does not have a permit to have live events or amplification outside. there is a drunk female using the amplified system and request that it be turned down. >> there is a dunk female using the system that is outside? >> inside? >> i don't know. >> this is one of the noise complaints that we received. let's see. >> on november 14, there was a

domestic violence, i don't know if that was associated with it. october 27th, two party buses, basically this is just going over the calls for service. two party buses blocking the lane of traffic. >> okay. >> i think that we have... >> loud music coming from the bar. this was september at 9:30 at night. i have some cads here if you care to look at them. >> no. it is the music coming from inside the bar. but there is no music coming from the patio i just want to be really clear, that is the only thing that i want to be clear about. >> some things are off the cad. >> live band and pouncing off walls, this was 7:31 for a noise complaint. >> is that the day of the one-day permit?

>> 7:31. >> i think that it was because there were several complaints on that. >> any questions, commissioners of the police? >> okay pthank you. public comment? >> on jones, 620 jones street. come on up. now it is your turn. . >> my name is stewart... >> could you speak into the mic. >> my stewart selic,s and i live at 620 jones and i am pretty much overlooking that side of the building. there is quite a bit of noise that comes up from people not just conversation, but when people get a little high then the shouting starts and so on. my question here is exactly what kind of music are they going to play? i have been there and they have had a mariachi band come in, you figure this is just one night and so on. they have a couple of other times when there was some kind

of brass band playing. i have not seen the specific about what kind of music they want. i would think as he said that if inside and indoors and a piano and maybe a jazz combo that would be all right and i personally do not know and maybe it it is on the record but it should be on the record, what kind of music he is playing. and maybe, you can get a decibel level permit or something like that. i don't know. but he is a little bit under estimated the noise that does come up from the patio and i don't know about free speech. when people are starting shouting and so on. and then that is not, i don't think that is too good. i am finding out now that it is from eleven to what, 6 p.m. he is permitted to do it. frankly, enough noise comes up so that i would like to listen to my own music on just the

stereo and so on and in a few years with that too. >> so i think that he is a little down playing the type of noise. >> the question for you. >> yes, sir. >> have you spoken to mr. glikshtern and asked him to turn the music down. >> would you consider doing that? >> if you did it he might turn the music down. you got to try. >> what came up was this mariachi band and a couple of brass bands, and there was a brass instrument for the band or i don't know, i think that is the boss and they were talking about it and that can rise to a pretty high degree. i am not sure how you reach it, do you have to go to the bar? is there a telephone number. >> mr. gliksthtern will give you his phone number now. >> further comment public on 620 jones.

>> hi. >> i'm laniand i am a resident of 620 jones and i have lived there from the time that they first started construction. and my experience with both pete and jordan and the guys that run this is that if you are going to have someone put in a restaurant bar, these are the exactly the kind of people that you would hope for. they have been nothing less than accommodating, and courteous and respectful. and you know at the end of the day, it is a restaurant, bar, so there is going to be the realities of that. but, there has not been one time that i haven't you know, approached them, or asked them for any type of accommodation that they have not given me 100 percent of their attention and treated me respectfully. also, they made it available to me, and to all of the other renters they offered to put in

new double pained sound-proof windows. i used to live on the first floor, literally in the eye of the storm and they bent over backwards to assist me with another unit that might be a little further from the restaurant. as well as when they do have events they post up notices in within the building, and every public place and letting us know in advance what times and what to expect. and i mean i can't say enough about these guys. i... my experience with them has been absolutely, 100 percent and i have no reason to believe they have kept their word up until now and made themselves available to me through texts and phone calls, and personally coming to my apartment to discuss issues with me. and you know i was there when they were building the place.

and they even helped put me up someplace else for a few days because they knew that there was going to be some extreme construction and you know, that was above and beyond, they didn't have to do that. and just based on my experience and i don't know these guys from adam, you know, before they started building, i have no reason to believe that they won't continue, you know, being the respectful and courteous and accommodating neighbors that they have been. since day one. so i would... >> thank you. >> thank you, thank you very much. >> thank you. >> anyone else? >> good evening, commissioners, my name is robert garcia and i am here to oppose this application. i have been getting a lot of

calls from the merchant's association, and we had 43 protests against the entertainment permit at this address. there have been a lot of problems and noise can be heard sometimes three or four blocks away. and the people are complaining about it. i recently spoke to both hotels on either side and they say that the guests are complaining and they could not... this particular hearing, but they will be at the abc hearing. noise not only coming from the patio, but also from the restaurants. and now you want to give them a permit? no. i think that is just another example of them taking one more step and another step and another step. until they have complete bands and everything else out on that patio. >> as far as structures are concerned, smoking or not, the

planning commission stated clearly there should be no structures out there on that patio for any reason whatsoever. no amplified music. they did allow 6 cabanyas. and they have to be have their own sound system. and that has not been done. and in lieu of that, the heaters out there. 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