>> [gavel] good morning everyone. the meeting of come to order. this is the thursday april 4, 2013 meeting of the neighborhood services and safety committee. my name is eric mar. usually i am the vice chair but i am chairing this meeting. the chair david campos couldn't be here. to my left is norman yee and sitting in is scott wiener.

our clerk is derek evans. please give announcements. >> please silent all cell phones and electronic devices and speaker cards should be submitted to the clerk. items today will be on the agenda unless otherwise stated. >> thank you. we're have six items on the agenda. we're going to move quickly one through five so we can get to the hearing on pedestrian safety and chaired by norman yee and another one by supervisor breed as well. mr. evans please call item one. >> item one is consider the issuance of on site liquor license for dion cheng and rachel cheng at 543 2nd street. >> thank you. i believe we have a staff report on this. let me

just say that is there a staff report from inspector vancoal or others on this item? >> inspector keller san francisco police department alcohol liaison unit. raichian cheng has filed a application with california alcohol and beverage control seeking type 42 on sale liquor license for 543 2nd street. this location is midblock on second street between brandon and bryant streets. this premise is located in plot 274. this plot has 94 police reports recorded for the year 2010. applicant

premises is not located in the high crime area. this premise is located in census track listed. applicant premises currently in undue concentration area. letters of protest or letters of support. there were zero recorded with the california department of alcohol beverage control. the department recommends -- southern police station objects to this application. on november 6 inspector stalker spoke with the owner of zaza. she told him that only neck massages were given there along with nail and salon. stalker asked what the two massage rooms -- what the tables were in the back. she told them it was for waxing. she told him that her

website was up-to-date and current. the website lists four types of full body massages. a type 42 is bar tavern license, no minors allowed, so this was actually would massage rooms with alcohol service, so the department recommends -- objects to this >> application and denial. thank you. >> inspector keller can i ask do we have other massage parlols with alcohol permits in the city? >> not to my knowledge. >> thank you. supervisor wiener. >> and are they -- would they have the proper permits to have a massage parlor there? >> i believe the only permit

that they have -- not a massage parlor. they're only allowed to do nails and waxing. >> so if they're offering massages they don't have the proper permitting? >> that's correct. >> if there are no other comments let's open it up for public comment. anyone from the public wish to speak? please come forward. >> just -- can i go off from what she has spoken about? >> is this ms. cheng? >> yeah, sorry. >> do you want a copy of these packets? >> yes please. so miss cheng you only have two minutes to speak so please begin. >> well okay. as far as the massages we have two other locations which are in the east

bay and that's where we do massages. we actually haven't been doing it and since -- in the begin whg we did open the two locations we started doing massages and since then we have taken it off the menu. we don't do it in san francisco because we don't have the proper permit s. the two rooms are used for eye lash extensions and treading and hair removal so that is to comment on the san francisco location. basically the packet we gave you is a quick -- if you want to go to maybe the third page and clipped together is a quick rendering of what we plan to do, and this specific area that -- let me see here.

>> so -- if you look at page two it shows what our existing floor plan looks like. the majority of the space as you can see it's nail stations with the -- if you're looking top to bottom with the reception desk on the right side and retail on the left side. our proposed -- >> there is highlighted area that is blue and shows where the alcohol consumption is and it's all exposed. >> if you go to the last paper clip. sorry it's kind of confusing. it will show you a layout and the section that we plan to serve boor and wines in blue and the designated area and the pages before that are a rendering which our architect did, which you can see a view from inside out, outside in.

new location of the reception desk. there are chairs along the bar or the reception area for nail drying. it's not for drinking. it's just for people since we're removing the drying stations we're moving it to the front. >> we also have letters of support from local residents and local businesses and the south beach merchant association and we talked to district 6 and had captain redmond and from abc and simon chan from the permitting office come to our space and we showed them around to alcohol what we're doing. again. >> >> it's very open . the two rooms are in the back and not part of the alcohol consumption so we won't be doing massages in this area. there is no particular use for that. everything is open so if you

walk by our salon as you see it's all open glass. it's not a bar per se. it's added services for our clients and we had all rights stating that they welcome that. they feel that during the seasons for the giants they feel it's a great place to get away because the bars are packed and enjoy service, enjoy a glass of wine and this will let us open the doors to serving other beverages in the morning such as coffee. >> and ms. cheng i did have a question. can you respond to the inspector's report of visits and claims of neck massages and other massages given and what you plan to did for the future again? is there going to be massages again? >> well, the main massages that we do are arms and legs for manicures and pedicures and that is in the chairs. we have a

massage chair per se that people sit in and that is in the open as well so nothing is in the rooms. there are massage beds but those bed it's we use them because they're the most comfortable for facials and used for facials and lashes because they do need to lay down. >> and you mentioned speaking with sunny with supervisor kim's office in the district. my understanding is the supervisor is supportive if you can show your outreach plan and letters of support so you have some businesses and what is your outreach plan to the other businesses around you? >> well, i have walked around and i have spoken with our neighbors which is another bar and a grocery store and they were all in support. we've also had some other -- like a -- what is that business? the art

gallery that was there so they have all welcome today because it brings in more clients for them. we bring in a lot of local businesses that bring and entertain their clients in our spot so it's definitely -- did i answer your question? >> supervisor yee. >> so in these -- in your package there are some drawings, illustrationses that seems to be -- and you might have already said there. but it looks like you're going to have a full bar there. >> that's actually -- >> are these lotions? >> i'm sorry? >> those are products. >> products. >> retail. >> yeah, we're expanding our retail as well, so all that would be -- that one area that

we're taking out our nail dryer, our reception area it's going to be a combination where people check in, where people purchase their products. >> what kind of products? >> like body lotions, candles. >> not alcoholic products? >> i'm sorry? >> not alcoholic products? >> no. those are nail polishes. >> i can't tell. but what percentage if you were allowed to serve alcohol there what percentage of your gross receipts would be alcohol do you think? >> maybe 10 -- >> maybe 10-15%. we only plan to serve to our customers getting services, not to people that want to come in and grab a drink. >> so our whole focus is when people come in we obviously ask them will you be joining us with a beverage and we would sit

them with the appropriate areas of course carding them -- >> do you serve anything that stop someone comes into the business -- let's say they brought a can of beer from the corner store and if they walked in with that could they drink it? >> no. >> we wouldn't allow somebody to bring this alcoholic beverage. >> i guess legally is it allowable? >> to have somebody -- >> i guess i am asking -- >> i don't think so. >> i don't think so. >> yes, i know some restaurants in the past where they don't have alcohol license and bring your own beer in there and drink it. this is not probably not a question for you. do you know inspector if it's allowable for one to -- you know, basically

buy off site and serve and have a -- let's say a can of beer or whatever? >> [inaudible] >> i'm sorry what? >> please speak into the microphone. >> legally they can't bring in a open container and go into a business, a business and consume it because in order to consume they need a alcohol license. >> okay. thank you. >> yeah i should say we're still in public comment and our clerk alerted me i should have given you the opportunity to speak in the beginning so this is a mixture of allowing you to present but also we're still in public comment as well. supervisor. >> i have questions of the authority. >> okay. so if you could finish your presentation.

>> okay. so also in the packet we have letters of support from businesses and such, and then towards the end, the last paper clipping, we're showing other businesses that are similar to the model that we're going with. they're also nail salons or hair salons that are serving alcohol. actually one is in san francisco. it's called the beauty bar and they do manicures and martinis and you can see on the website that we printed out, and as well as the next page theory nail lounge. it's in california but not in san francisco but these are just some other -- they also do nails and serve beer and wine, so just other platforms on that last comment, and basically just a little bit of background about us. we have been in business since 2005 and we've grown our salon. we have been servicing

more than 20,000 customers and we've been invested in san francisco, san francisco magazines. allure magazine and others and just to name a few so we have this demand not from -- we had the demand from all of the local residents because we have been a destination spot as well. >> thank you. now let me ask if there is anyone else from the public that would like to speak? seeing none public comment is closed. supervisor wiener. >> thank you. it's sort of an odd situation. it's like two ships passing in the night and maybe that's because during the process there was no support -- actually -- >> yeah but thank you very much. >> there was no letters of support or opposition and i think maybe a concern that there

was some sort of sketchiness happening with massages and no license or whatever it was but it seems clear from extensive letters and it's a reputable nail spa so my question to alu have you gotten this packet? okay. do you have an extra copy for the police? >> no. we haven't received it. >> mr. chair it seems from what i seen this could be a appropriate license and maybe we should continue this to allow the police the opportunity to review the packet of additional materials. >> i think that would be fine. i am supportive now of the extensive outreach and supervisor zane kim who is supportive because of that i

will willing to be supportive but open to ideas of continuing as well. supervisor yee. >> before i decide on that piece can i have alu come up again. can you -- what was the rational for disapproval in. >> well, let me say this. we're not against them or a spa that serve alcohol. there is the planning -- it's the type of license also -- it's a type 42 license is basically a beer and wine bar tavern, so that is the license so no minor under 21 is allowed to go into any area that is registered with abc. they have to register abc, the area they're going to serve, store

alcohol, so no one under 21 is allowed. that's by state law, so i don't know the day we design their area where they will serve, where they will not serve, where under 21 is allowed, so it's sort of -- improvement plan we haven't received, and it's sort of sketchy at this point because basically if you grant a 42 type license and anybody under 21 is not allowed, and also they can serve alcohol anywhere within the diagram area that they submit to abc. >> okay. i would be supportive of a continuance and if we have a continuance and you relook at some of the new information, and bring it back. i would like

the owners to consider the question i asked earlier about what percentage of the gross receipt is alcohol versus service? i would like some details around that and maybe have some limitation focus there are any and not 50-50 or whatever it is. >> >> let me say i am supportive of a continuance but i am noting that the applicants dion cheng and rachel cheng submitted this application and came in september so this has been going on, but it's a good lesson that communicating very closely with the police and also showing your community outreach plan early opposed to the day of the hearing is really important, but i'm open to a continuance for another couple of weeks as my colleagues are suggesting. supervisor wiener. >> i am open to putting it forward with a recommendation today. i actually -- i

wouldn't be supportive of trying to micro manage the business in terms of what percentage of gross receipts. i think that gets pretty onerous with businesses and we seen some of the conditions attached by the planning commission or the police department and it's a little too much. everything i have seen here this is a reputable business, so if we -- so i'm open to going either way, so mr. chairman. >> i think a couple of other facts that are relevant it's right near south park. a lot of the residents written in support and residents and businesses are in support and not in a high crime area so my assumption if the packet was reviewed by the police they would see the business plan which looks like a wonderful layout of the business and expansion and clear area where the alcohol is consumed versus the spa area, and i'm

supportive i think of moving this forward today, but i'm wondering if there are other comments from colleagues? supervisor wiener. >> i suggest that we put it out with a recommendation. this would go on a week from tuesday to the full board's agenda so a week and a half and maybe during that time alu and the applicant could talk about what some appropriate conditions might be, and then if there is agreement working with supervisor kim's office as well we could then make an amendment at the full board to incorporate that agreement so we do have a full i think 12 days between now and when this comes to the full board which seems like plenty of time to sit down and have that conversation. >> i think that's a great idea. i could see also from the notes and emails back and forth with supervisor kim's office ms. cheng and the applicant really did make an effort to try to reach out, but it seemed

that there was over load of work within that office but i think a week and a half to really work with the police to at least communicate would be a great idea. any other comments? supervisor yee? >> no. i think supervisor wiener's suggestion is a good session. i will support that. >> thank you. without other comments can we move this forward without objection? thank you item number two mr. evans. >> yp two is a hearing to consider the issuance of off sale liquor license for f.m. smokes and wines located at 57 new montgomery street. >> so can we ask the applicant to come forward first and i know this was continued from our last meeting or from two meetings ago. >> good morning. from the last

meeting i reach more to the community and i took some pictures of my store and i spoke to the owner of the building about my idea and he was supportive of my idea and we have [inaudible] in my district. and i got a lot of signatures, people supporting my idea, and i am hoping everything is fine. >> yeah thanks for all the good work on this mr. hannah. thank you. now a support from the alu . >> inspector keller from the alcohol liaison unit san francisco police department. f.m. smokes and wines filed an

application with california alcohol and beverage control seeking type 21 off sale general for 57 new montgomery street located on the west side of new montgomery. there was two police calls for service from july 2011 to july 2012. zero police reports. this premise is located in plot 212. the plot had 578 police incidented recorded for 2011. applicant premises is located in a high crime area. this premise is located in track listed. applicant premise is currently located in undue concentration area. there is zero recorded letters of protest and zero recorded letters of support. southern stage police station does approve this license with

some recommended conditions. the alu unit does recommend approval. the following conditions have been recommended to the california department of alcohol beverage control. number one sales and service and consumption of alcoholic beverages shall be permitted between 8:00 a.m. and 12:00 a.m. midnight each day of the week. no distilled spirits are sold in bottles or containers smaller thran 375-milliliters. no wine sold with alcoholic content greater than 15% by volume. no malt beverage shall be sold with alcohol content greater than 5.7% by volume. no noise audible under the area under control of the licensee. loitering is defined to stand idle about without lawful business is prohibited on sidewalks or property adjacent

to the premise under the control of the licensee as depicted on the abc27 which is dated october 19, 2012. there shall be no cups, glasses, or similar things used for drinking of beverages sold, or given away at the premise and quantities less than 24 in the original multi-package. all ice shall be sold at about or above prevailing prices in the area and less than 3 pounds per sale shall be given away free. no person under 21 shall sell or deliver alcohol beverages. on march 8 of 2013sahala h anna was contacted with the recommended conditions. >> thank you inspector. if

there are no other reports -- oh supervisor yee. >> i just wanted -- my comment is i am really glad the owner had paid attention to what we had wanted and did the necessary outreach. it looks like he did plenty of outreach and took it very seriously and it's one of the things that the committee members in this committee values that kind of outreach, in particular speaking to the supervisor of that district, so i will be supporting the recommendation. >> thank you. let's open this up for public comment. anyone from the public that would like to speak? seeing none public comment is closed. i also have a note from supervisor kim's office where this business operates that there seems to be support and i appreciate mr. h

anna's effort to reach out to the community as well so if there are no other comments colleagues can we move this forward with positive recommendation without objection? thank you. >> thank you everyone. mr. evans please call number three. >> item number three is a hearing to consider the transfer of a type one off sale general license from address fow to 500 laguna street for krista avery and manuel bargiela for o camino dba nosa ria. >> is ms. avery or mr. bargiela here from the business? >> i'm going to put this jump drive in quickly. some pictures. i am krista avery. thank you for your time. manuel couldn't be here today. he is employed with a local company as a director of information of technology so ou