amount of small business traffic. there is certainly not an over saturation of bars, like the middle polk street neighborhood where i know that sfpd has been devoting a lot of time currently. this will be modeled after similar operations like city beer store which i frequent a block away from my home, or ruge, which partnered the barses with the boutique sections. activating this creates multiple benefits to the neighborhood and i understand that mr. and mrs. hall already had a meeting with the residents of the building argenta and have garnered their support or many of the residents. do i want to appreciate the work ever inspector stalker from alu who worked with getting the applicants the licensing process over the last two years and while i actually these points are moot now, while the board cannot alter the conditions, we can certainly recommend. i do appreciate that sfpd has now come and stated that they would like to remove condition

number two, my purpose of being here was actually to add a recommendation that we not enforce number two. but i think that that that point is moot. so i do want to thank sfpd and members of our community for coming out in support. i personally am excited about having another place to go near city hall, i think that many of us, may go there to be clientele, at the beer hall and i do want to particularly thank jennifer and andrew because they have done quite a bit of work over the last couple of months in particular with the office working with the sunny and gulo to make sure that we are putting forward a responsible plan that is going to enhance not detract or add public safety issues to the neighborhood and i think that that is very important. and tomorrow, actually, friday, the mayor and i will be at the opening of the 6th street safety hub, sorry we just changed the name. and given in light of the

announcement, of the additional foot patrol that we are dedicating to the sixth street and mid market, i think that it is appropriate that we support the small businesses that will be a partner with the city and sfpd on energizing a neighborhood and hopefully, making it both a more energetic neighborhood but also a safer neighborhood. so, i do want to thank the committee members for their time. >> thank you, supervisor kim. supervisor mar? >> yes, thank you, to the police department for their listening to the community and being really responsive, i really appreciate that and haven't really witnessed this before you but i appreciate it. >> and i worked in the area of 50th street 20 years ago and i remember when fox plaza had the bar and restaurant and the quinncy restaurant was around the corner and the first pub club around there but it was, and the top hat or there were a bunch of different places with a livelier area and i am sure that when the old fox theater was there it was been a hub of activity. but i really feel that recently

it is really changed and this beer hall will really help to improve the area and off-site to me will hopefully improve access for many people in the area that i think would be strong customers of the beer hall as well. i really wish that dan and andrew had considered the richmond district as well. we have the second healthy spirits store that just opened on clement and also, what is it chomp and swig, but there are other areas that i hope that people will consider as well. but it is a great business and i hope that you have great success as well. >> thank you, supervisor mar. >> supervisor yee? >> thank you. >> so, i was along when the fox center was there, and it was very lively and it was my favorite thing actually on market street. but getting back to business. you know, it is pretty evident from the presentation by jen and andrew that and also from

the testimony that by opening up this business, beer hall, it is going to be a very positive impact on the area itself. and although i am not a real big beer drinker, i drink wine and the model that you are proposing, makes a lot of sense to me because i have gone into a wine tasting places and they do have the off-sales, it is really helpful after you taste something that you really like and you can buy something. so i appreciate that model. and i would be supporting the recommendation. >> thank you, supervisor yee. i want to again, thank all of the members of the public who have come out to speak on this item. and i also want to thank supervisor kim and her office for all of the work that she have done on this. and our police department, and i think that inspector, you said it pretty, you know, high

bar, so we expect singing any time these items come forward in the future. but, on a serious note, i do appreciate the responsiveness and the fact that you are listening to what the community is saying. and so, and to, jen and drew, i think that you have done an amazing job to reaching out to the community. and you know, the good thing about this process is that it allows you to see what people really think about you and i think that by that, you should be very, very proud of what you have accomplished. so, in terms of the item before us, if we could have a motion to move this forward with the positive recommendation? and to accept the conditions that have been placed as amended, so if we could have that motion by supervisor mar. >> yes. >> if we can take that without objection? >> thank you very much. >> congratulations. [ applause ]

>> mr. clerk, if you could call item two. >> item two, is a hearing to consider the issuance of type 42 on-sale beer of wine public premises license to cheng for zaza spa located at 543-second street. >> if we could have the applicant come forward. for item number two. is the applicant here? >> why don't we give this person an opportunity to come to chambers. why don't we move to item three. >> item number tlao three, the hearing to consider the transfer of a type 57 special on sale general license from 4461 mission street to 717 battery street. >> great. if we could hear from the applicant on this item, please?

>> >> good morning supervisors john cevlon here on behalf of the sponsor. they are in the final stages of completing the battery street to be operated with a private club and hotel suites when they purchased the building it was red tag and vacant for a few years and they are looking to have the construction complete by early this summer. so the club will not be operated like a typical nightclub or bar, the purpose of the club is to provide the san francisco tech arts and non-service to gather and socialize. the hotel rooms will ensure that the restaurant and lounges on the first two floors will not be operated as to cause a nuisance to the hotel guests, 24-hour security will be provided at the club. alcohol can only be purchased through the use of swiping a club id card. and between the hours of 2 a.m. and 6 a.m., only a club id card

could provide access to the building. we have conducted significant neighborhood out reach on this liquor license, transfer. and in addition to the required noticing, we wrote directly to the golden gateway tenant's association as well as the (inaudible) coast neighborhood association and we actually did a presentation at dcna board meeting in december and they are in support of the project.. and i also just wanted to direct a slight error in the police report which i have been in touch with the expecter gordon about. in the report it says that there were four protest letters and 14 support. that is incorrect. there are 0 protest letters and one support letter. that support letter coming from alliance for a better district six. >> the sponsor has hired mr. douty to manage the club who has a vast background in nightclub and and management and i want him to get up and

give you a flavor for the pub. >> thank you. >> oh, the sponsor. >> good morning, everybody, my name is tex. >> you can speak into the mic? >> i have been operating night clubs and restaurants for over 20 years. and i have worked in new york, i have worked in las vegas and i moved here two years ago to work on this project, the battery. i have over seen most of the construction process and being involved so early as the operator, i have been able to do a lot of things early in the project to help safe guard neighborhood issues. >> we are putting in a whole set of camera system, i worked in las vegas for mgm for six years and so i am very familiar with how beneficial cameras can be to you. and i am bringing in a very high end group of management people. i come from a mission style

background and i worked for six years from (inaudible) who has 18 (inaudible) stars between his restaurants. and i am also a local resident, i live on broad way at 426, next to the penthouse club, so i am very familiar with what happens there every weekend. and i live opposite to the night clubs and a couple of blocks away from the battery, the operation that we are making happened at the battery is something completely different for san francisco, it is a private member's club, who needs to be invited to become a member and the purpose for me, in the management team there is to give a better food and beverage experience to the members who come to the club and provide a good place for them to socialize and relax. part of our reach with the members is we will be taking them to visit farms and to visit the people that have provided with what we are selling in the club. i have been with john to some of the neighborhood meetings and spoken with the

neighborhood associations, and i lived in new york i was in (inaudible) setting up the new york night life association which was an out reach group between night clubs and the local communities and the policing. so, it is not my intention to add any burden to the police burden that already exists outside of my window every friday and saturday night. thank you for letting me speak. >> thank you very much. why don't we hear from. do you have anything else to add? >> thank you, supervisors. just in closing, we are excited about getting this project started. we are looking for an opening in july of this year, so finally getting this building activated again. the neighborhood is in support, the police department is recommending approval so we respectfully request your approval of this liquor license transfer. >> thank you. >> thank you very much. >> why don't we hear from the police department. >> rich van rorc from sfpd, mxb operations has brought a

application with the department of california seeking a 57 special and permit for 717 battery, and july 2011, to 2012 there were two calls for service and no police reports the premises is located in plot 142, and this plot had 73 police incidents recorded for 2011. the applicant's premises is located in the high crime area. premises is located at census 0105, and applicant premises currently located in undue concentration area and to the previous gentleman's count, we are kaor rating that there were no letters of protest and one letter of support and no opposition from the central police station and the office recommends approval. thank you. >> thank you, sir. >> why don't we open it up to

public comment. is there any member of the public who would like to speak on thit em. >> seeing none, public comment is closed >> colleagues we have a license application and we have a recommendation to approve by the police department. >> could we have a motion? >> yes. >> motion by supervisor yee. >> yes. >> and if we could take that without objection? >> thank you. >> why don't we call number four. >> item number four is a liquor license, excuse me, a hearing to consider the transfer of a type 20 off sale beer and wine license from 1169 market street to 2011 market street. for whole foods market. >> thank you. if we could before we hear from the project sponsor, this is an item that is in district 8 is that the application is supervisor weiner do you want to say anything before we move on to the applicant. >> i am in full support of a license. >> thank you. >> so if we could hear from the

applicant on this item, please? >> thank you very much. >> good morning, supervisors, and staff, thank you for your time today, my name is adam smith i am the director of store development for whole foods market in northern california. we are very excited to be preparing for the opening of our 7th san francisco location at 2001 market street. we are here to request the transfer of the type 20 license as referenced. the sale of beer and wine is very critical to our store business, as well as something that our customers have come to expect from us. we respectfully request your support in the transfer of this license. thank you. >> thank you very much. >> sir. >> if we could now hear from the police department. >> rich vancorw representing the san francisco police department. whole foods has brought an application with the california

department of alcoholic beverage control seeking a type 20 that is off sale beer and wine in the type 86 that is structural tasting license for 2001 market street. in the calendar year, july, 2011 through july of 2012, there were 21 police calls for service, which generated 5 police reports. premises is located in plot, 403, that plot recorded 428 police incidents for 2001 and located in the high crime area, the premises is located in 0203, and applicant currently in undue concentration area. and there were no letters of protest or support. no opposition from mission police station and the alcohol liaison unit recommends approval and the following conditions recommended to the california department of alcoholic control. >> sales of beverages between 8:00 a.m. and 10 p.m. each day of the week, no more than five

percent of the square footage of the premises will be used for the display of alcoholic beverages. number three, no wine coolers, or beer coolers shall be sold in quantities less than manufacturers previous packaged multiunit quantities of four or more. and finally, number four, loitering, defined as to stand idlely about, linger aimlessly without lawful business is prohibited to the business adjacent to the licenses under the control of the licensee. as depicted on abc form 257. on february 19th, of 2013, jay mcfear son was contacted on behalf of the applicant and agreed with the recommended conditions. >> thank you. >> thank you, sir. >> why don't we open it up to public comment. >> if there is any member of the public who would like to speak? seeing none, public comment is

closed. >> supervisor weiner? >> thank you, i am in full support. this is really 2001 market is a superb project in general and i know that the whole foods is a welcome addition. it will provide some competition with the safeway across the street which is in sore need of that competition in terms of its customer service levels. and i just want to know one thing, in terms of the data that the police typically rely on, around these liquor licenses, one of them is the number of calls for service in the area and obviously i understand that the relevance of that. but this is one of those situations and this has what i am about to say has nothing to do with this specific license but a broader issue, that when you look at a situation like we just had in the first item on the agenda and also this one,

the market for example is a area that is a little bit of a dead zone in terms of particularly evening foot traffic and just not enough commercial activity and so this whole foods with the liquor license is going to significantly improve the conditions particularly in the evening, and on the weekends. and so, i think that it will actually reduce the calls for service. and as the department supporting the transfer and i totally agree and this is not about this specific license. but i think that it is important looking more broadly, taking into account that sometimes even if there might be a undue concentration or a lot of calls for service, having a business with a liquor license coming in can actually help that situation. and i know that you know that, but i just wanted to. >> and i agree with you and where we go from there and that for instance, we put four conditions and sometimes we put many more conditions on. so we asked the applicant to come back within six months to

a year and do modifications and that is when we go back and revisit and look at the calls for service and we use that to modify and it seems to work very well. so it is a barometer of how we can help out of the applicant as well. >> i am not being critical of the department, i think that the people hear that there is a lot of calls for service and maybe we should not put a license in an x location when can be the opposite. >> as i said with the earlier applicant at 1 polk, i looked can he cads and some of these those are traffic stops and so we look at every report to make thouer that there is a nexus for that address as well >> thank you very much. >> so colleagues, we have an application and a recommendation, of approval. would some recommended conditions, could we have a motion on that? >> so moved. >> motion by supervisor mar and we could take that without objection. >> if we could go now back to

item number two? >> my understanding is that there might have been some confusion with the applicant in terms of when the hearing for this item would be held. i do want to give the police department an opportunity to say anything if they want to. there is there has been a request to continue this item. by the district supervisor. but, inspector do you want to add anything? >> we have no problem with a continuance. i think that would be the best opportunity then to discuss that issues if we want to go on record right now where there say denial, but when we come back, hopefully they will meet with us again and we can discuss this further. >> great. >> why don't we on item two, open it up to public comment if there is any member of the public that would like to speak? >> seeing none, public comment is closed. >> colleagues, could we have a motion to continue this to the call of the chair?

and we will bring this item once the parties have had an opportunity to meet and hopefully we will hear from the applicant at that point? >> so we have a motion from supervisor mar if we could take that without objection? >> thank you. >> mr. clerk, if you could call item number five >> item number five, a hearing to review the statistics from the entertainment commission and the police department regarding violence and public safety incidents associated with the entertainment venue and receive the updates from the entertainment commission's review of relevant complaints. >> and this was an item that was introduced by president chiu. >> thank you, mr. chair and i want to thank you colleagues, supervisor mar and campos may remember that in the first few years in office, night life violence was a significant issue and the number of incidents of fights and shootings and other violence in and around night clubs and other entertainment venues was an all too common occurrence

and we had in those years, a significant debate about whether the entertainment commission was capable of regulating public safety in and around the night life, you may remember that the mayor suggested that the police department take back some of those authorities. and we also heard from the entertainment commission that they did not feel like they had the tools of telling the authority to do what they were charged to do and so during that time period i spend quite a bit of time passing at this point, four different pieces of legislation to give this city and the entertainment commission more tools to do that. we passed legislation requiring clubs to beef up security requirements and to allow the entertainment commission to shut down clubs and to regulate party promoters who were responsible for a number of issues as well as operators of parking lots where many fights would break out after hours. my first piece of legislation from 2009, required quarterly reports by the entertainment

commission of trends and night life violence and this committee used to actually hear the reports once a quarter, last year, and i would say this anicdotaly, we did not have the quarterly hearing and it is fair to say that in the last couple of months on the broad way corridor these issues have not gone away, and i have asked for this hearing to refocus and i have asked king to make a presentation on the data that she sees from the last few years and we do have a deputy chief john loftus who is in charge of entertainment for the san francisco police department along with several of his inspectors to also make comments. so with that i would like to... acknowledge our colleagues, supervisor weiner is here and he also has a few words that he would like to add. >> chairman? >> go ahead. >> thank you. >> and thank you, to president

chiu for calling this hearing. so, night life which is an issue that i have worked on quite a bit, and is really in my view at the heart of the cultural identity of our city. and it is it keeps our city, and helps to keep our city, diverse, it brings music, and art, and vibrantcy and young people into our city and keeps our city as a really vibrant urban mecca and it is critical that we support and continue to strengthen our entertainment music, night life scene in san francisco. we also know and this is one of the first things that i did when i took office that i requested the city economist to prepare an economic impact report on night life in san francisco. and what we learned was that in addition to the cultural

importance of night life, that night life has a huge positive economic impact on the city. 4.2 billion dollars, many, many jobs, tax revenues and so forth. night life also not always, but often has public safety benefits when we have more people out, and about. and on the streets, at night, that makes our street safer. when we have venues that are open, at night, with often with security guards now on the street, that makes our streets safer. we are a world class city and we have world class night life and we need to make sure that that continues. and we have had violence in some situations at night clubs. and i really want to acknowledge that i do not envy president chiu's position of having to deal with some of the issues around broad way and

there have some extreme situations on broad way and i think that is again, something that i do not envy for president chiu or the police or the entertainment having to deal with. we absolutely when the nightclub is not complying with the rules or not keeping the people safe and then the action needs to be taken. president chiu mentioned that he gave the entertainment commission through legislation additional tools to do that and i have pending legislation to give them even more flexibility in terms of enforcing against bad actors. and we definitely, need to do that and i believe that the commission has really turned things around in the last few years in terms of holding bad actors accountable. what i do want to make sure that we don't throw the baby out with the bath water and sometimes we have bad situations and there is a

temptation instead of focusing on the specific bad situation and going after the bad actors, and having very narrowly tailored responses, sometimes there can be a temptation to act in a more broad way which can dramatically under mine night life in the city. and when then the mayor nusom suggested getting rid of the entertainment commission and i was floored when i heard that and i could not have agreed, and i think that it is throwing out the baby with the bath water. it is important to hear about the trends in the nightclub violence but i do want to keep that broad perspective, front and center, thank you. >> thank you, supervisors and i know that we are going to hear from folks. i do want to make couple of comments and i think that it is important for us to have some hearing and to continue to monitor what is happening in terms of violence relating to the entertainment industry. and i have to say though that i do think that this is one of

those issues where maybe some of us have a different perspective and a different opinion and i actually believe that while indeed there are examples in every district where things happen and things go wrong, i don't think that they are limited only to the entertainment industry, and to night life. i think that the reality is that just about every business there is the possibility of something going wrong and an incident leading to violence, and my own personal view is that some of the concerns in terms of linking violence to the entertainment industry and to night life, in particular, in my estimation had been exaggerated and i think ha it cuts the other way too and in fact one of the things that i have found troubling is that the focus has been so much on the entertainment commission, and i say this as someone who used to serve on the police commission that i don't think that there is enough focus on

the police department itself. and i think that it is fair to say that many of us who have been monitoring this for all of these years have also seen that depending on who was over seing the unit that dealt with the entertainment industry, you had less or more cooperation with the industry. and at times, i certainly felt that the police department was not doing enough to cooperate with the entertainment industry and my hope is that that approach is changing and my understanding and my experience with the entertainment industry is that when there are legitimate concerns and issues that they are willing to work with the police department and hope that going forward that the police department is going to work with them there really is a two-way street and i think that this venue provides an opportunity for us to have that discussion. i think that at times, the way in which we