tv [untitled] April 14, 2013 11:14am-11:44am PDT
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that's what the permit people are trying to do. there are going to do it in small sections >> thank you. we're in deliberations. well, it's too bad they can't find a solution future problems will arise because of the non-circulate of what structure is in what property but the question is if this is new it hasn't been addressed >> i would move tonight.
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>> if you could call the roll on that, please. >> we have is a motion from the vice president to deny this rehearing request. (calling names) the vote is 4 to zero and this request is denied. move on to item 5 which is appeal 1 - 5. vs. the department of public works the subject property is at montgomery street. it is for a food permit. application number 12 and this is on for rehearing today
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january 1, '67 the appellant does not appear on the hearing. and on february 13th the board granted the rehearing request. so we'll hear from the appellant >> good evening i'm the owner of the try cart i want to thank the commissioners. i'm here to appeal the denial of the permit and i want to first introduce what my business is the try cart is a food cart it's not a truck my cart is 7 feet by 5 feet it's on the sidewalk. i have two carts on market street. and we only sell indian tea
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mixed with milk and spices. we pour it out in a cup and hand it to the customer and every transaction is 30 seconds we have no line of customers unlike a food operation that you might have seen that were so one was the light food and congestion was the problems. in terms of light food in the dp w order itself it says that the light food shall take into consideration the content of the
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food. they give an example that a coffee cup should not effect the diner. so using that logic in the letter they said they were two examples one was starbuck's which is close to the proposed location. so i visited it and it has 32 choices of drip coffee and x press drinks, tea bags 12 choices and sandwiches and baked goods. but we did a survey with our customers we asked two things
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similar is our try tea that is served. and how many choices the customers have in the financial district to depreciate with we have surveyed and in the results our customers said our try was very different. i think it's not the exact the same. and then second example that was given was tot to jam juice. they do sandwiches they have cakes and use cream they have an
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extensive menu and again try tea is one on the menu. i'm going to address the congestion for the letter itself doesn't give any details as to why we will be adding congestion to that location so i'm going to address some of the things that might have been considered. we do have a - we're not near a cross section. we are not a traditional food caterpillar in the first diagram you can see the times and days we sell our products is usually
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in the morning and in the afternoon and the second ones if we take one day you can see the distribution of who we serve. we might serve 20 customers in an hurry so i don't think that's causing congestion on the situations in the way i have starting a line. and if you look at the food carts permits that are 3 hundred feet around our location there's 3 other permits that offer food trucks and this compared to maybe something else in the financial districts. so i don't think that particular location is congestions with
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food trucks especially because other food trucks have permits. i don't know what the reason is for that but we're not near a mall there's nothing special about this location that is different from the rest of the financial district and lastly i've been operating two carts in the financial district and then one cart on val street. outlining all i'm requesting is let us operate or give us a conditional permit for 6 months and if there's a complaint i'm
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happy to address that. and i'm surprised this permit was denied i could not understand. thank you >> thank you. i have two questions for you. the two issues that you brought up as german to your case i didn't see in our brief or your oral presentation how your business t is different >> it's we use an indian black tea and we brew it from scratch and i make my own spices. it's a different way of making
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our product. you'll get those vanilla and other flavors and they steam it they make it with milk they steam it and it tastes completely different. like i said my customers think it's different. it's different from a drip coffee or a latae. you would find that to be. there's small differences >> how big is your cart? >> i actually don't have a picture it's 5 feet in length
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and 4 feet. >> you talked about response to congestion was related to other food carts what about the vitamin of people in that area? >> we typically at the peek hour we have between 20 to 25 customers in that hour. we serve our customers less than a minute. so if you look at the food truck that's parked that comes, you know, lunchtime their serving hundreds of customers and not only do they take the order they make the food and people wait for it. we've never seen a line because
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your service is so quickly we hand over the drink >> my question is more related to the volume of people waking across that sidewalk and a i've gone to that location and it's a busy location so there isn't anything special that i see in that location to other financial district where people are walking and since there are people being offered permits i don't understand why this is denied. >> because it's located audits the art college and you have students who are in front of the
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of the business. the building stretched for half a block. we are 10 feet away from the main door in case of a fire hazard. so everything that's stated in the policy we've complied to all of that. the one we started a year ago was on market street and the second one is on market street but on pine and drum >> okay. and th is there any proximity to starbuck's? >> yes between pine and drum is
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on exact opposite streets and none of those businesses have not objected none of them have objected. so because i don't think they would consider us to be a threat because they're selling something different than what we are. yeah, we have pizza across the second cart and there is pizza within a hundred feet and none of them so far have objected >> okay. thank you. >> good evening nick with the
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department want public works. everything the applicant stated was basically true although we did receive 3 other objection letters from the ear one at 5592 montgomery and another one that didn't disclose the address. there were these objections - the result from those objections is the reason we scheduled the hearing and as the result of visiting the site it would be difficult to maintain the 6 path of traffic, you know, one or two people in line for the cart and thus, you know, based on that and the light foods even though
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we didn't receive any objections from starbuck's our ordinance doesn't say if it's in the proximity of like foods that is a reason for denial. there was presence of light food within the area and that's why we disapproved the application >> which businesses objected? >> one was j.k. l corporation at 90 montgomery street. >> do you know what kind of business that is? >> no, i'm sorry. and one was from my property management copy on montgomery
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>> was there any discussion related to the details of why you think it's light food? >> not specifically just the fact that we took it for china that it was a food in one form or another we felt this was light foods. >> are you aware of a case that was even at our last meeting regarding a coffee where that was determined that the coffee cart was not like the other light foods in the adjacent area? i'm not certain how you say that's light food? i don't know >> it seems inconsistent to me
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and . >> thank you and any public comment on this item? okay seeing none we'll take rebuttal. >> i just wanted to address the objection letters. the property management they were i read those letters the generic objections of the food cart in the area it was not specific inform our cart of what we're doing. i got the letters when i applied for the permit when i applied to
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the other spots that's the generic objections to every person that applied >> so i'm clear you received an identical letter for the carts you have permits for? >> i've been granted permit on 4 hundred montgomery which is the same buildings around it and i think every food application gets those letters all the property management companies sends out a letter where they object it's competition. >> so the arguments are generic but it's not the same objector. >> yes and i think earlier you stated the reason you didn't
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believe the congestion was a problem i'm paraphrasing is this area is not any different than any other financial area? that you yeah, because - so i can understand if it's near the moscone center or the mall where there's more traffic but since i've gotten permit other food operations have gotten permits and even around my area there are 2 food trucks that got permits so i could not understand why this spot was two too congested but i didn't see it to be at this point we would
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add to the congestion. just gum a conditional permit if i can't see something that's impossible if there's complaints in 6 months i'll remove the cart >> what is the width at the sidewalks of your other locates. >> market street s is thirty feet by it also has forefoot traffic it has - actually no, the market street near 298 there's a plaza in front of the that it feels boarder because theirs planets and things like
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that. the other one is 12 feet and the sidewalk is also 12 feet on new montgomery >> any rebuttal? i think there's a question for you. please come forward >> is there such a thing as a come permit that you can issue for six months significant to review? >> yes. >> and what's the time limit and one with this
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>> i believe although contrary to the president comment i would take the consistencies in a different way. >> i'm not sure i follow the coffee cart. >> yes. the coffee truck not caterpillar i would accept a conditional on this basis. >> i would as well if that's a motion i want to make. i move that we grant a 6 month
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conditional permit >> and do i want to state a basis? >> on a basis this does not seemed to me that be a light food and the 6 months permit will allow for analysis of the 6 month impact. >> we have a motion from the vice president to grant the appeal and issue a 6 month permit conditional permit with the following finding. first that this indian does not appear to be a light food and
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the 6 month period will allow to look at the traffic and congestion. on that motion let's take a vote the vote is four to zero denial overruled with those findings in the 6 month condition. >> we'll move on to item number 616 - 101 doing business at the a location that is requesting the lifting of suspension from selling tobacco to minors.
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>> i'm the owner of the market at 1251 in san francisco. i have an employee and one of my employee sells cigarette to minor and he was supposed to not do that. i said to that one i always no, it was my employee to follow my rules which is to abide by the law not to sell any alcohol or liquor to minors and to be professional. but unfortunately, it happened on november last year. so i'm not arguing that i shunt
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shouldn't be penalized. but with this said that my final statement is that i have a problem of paying my employee and my landlord and whatever money i owe. i have also some kind of money i have to pay for irs and i'm in financial depress right now. my argument is not to be penalized but a different penalty. my license was suspended
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