noise and this neighborhood is not happy with the decision so far and they appealed it. i want to thank you for your consideration and we will be back. >> thank you. is there any other public comment? seeing none public comment is closed? commissioners i would like to at this time make a statement, make a motion. first i want to make it perfectly clear to everyone that the grant that this commission did at the last meeting is a conditional grant which we often do. a conditional grant allows the permittee to get sign offs from all the departments that sign it off, building, fire, noise and so on. once that is achieved then the permit becomes a permit, the conditional grant becomes a permitted grant, so what you did at the last meeting was a conditional grant so at this time, and i can make this

motion. we can second it and do further discussion if you choose. at this time i would like to make a motion to recommend that the director of the entertainment commission goes to the board of appeals on our behalf and amends the place of entertainment permit for the america's cup pavilion. that is currently under appeal to the board of appeals consistent with the following amendments. curfew for paid concerts can be extended by 1/2 hour. permittee submits request for curfew engs tensions to the san francisco police department with at least 10 days notice. sfpd is encouraged to work with the

neighborhood steering committee for requests of extensions. two, the permittee should abide by contract between america's cup and the port of san francisco to remove all site improvements and repair any damage by october 31, 2013, and lastly no more than 30 concerts at the maximum capacity of 9287 are otherwise set by sf fire department. and further authorizing our director to present these recommendations to the board of appeals together with any other corresponding amendments and clarifications to the permit that may arise for approval by the board of appeals and that is my motion. >> second anybody? >> i will second.

>> okay. second it. now we can open the discussion if you choose commissioners. >> you know we have a world class event going on in this city and i understand that this brings with it some inconvenience and noise and traffic, and again i understand that is considered a hardship. however, being part of a community is not always getting what you want or desire. it's about making a compromise, and i honestly believe that nine -- now 10 community meetings, and if you didn't go to the community meetings you can't hold live nation responsible for you're not being there. nine and 10 community meetings. i wish i could get every permittee to do that many community meetings. i wish i could get a permittee to do that much due

diligence and work this hard with a group. i think 10:00 o'clock is a ridiculous time to close a concert. it's barely going to be dark by that time, and i don't think that we are allowing our city to benefit the most that it can in this short few months and gain back some of the money that we need from this event and if live nation is willing to help us i think we also need to compromise as a community, and if it you were up to me 10 is too early. i think it's too much of a compromise on live nation. what are they going to start the concerts at noon? i find the outreach is substantial. the mta is on top of it. we as a city are on top of it, and i think to ask everyone to bend to the will of a few is not the

right way to go with this. >> thank you commissioner hyde. anybody else? >> i have a question on the first item, the sentence that sfpd is encouraged to work with the neighborhood steering committee for request of curfew extension. what does that mean? it seems vague. what if there is squawking then and what happens to the extensions? >> commissioner, the request initially in the letter was for the commission to consider a condition of the permit to require the permittee to work with the sfpd and the neighborhood steering committee to allow extensions. however, the commission can't desolve that type of responsibility to a neighborhood group, so therefore it had to translate into the

commission directing the applicant to work with another city department and then encouraging that city department to work with the neighborhood groups. however, it's vague because there isn't a standard per se for what is -- you know, working with our outreach. it's just important that we reiterate how we feel about that process. does that make sense? did that help you? >> we also believe that the san francisco police department will use their best effort and their best practices to resolve any dispute about any 30 minute extension that live nation might want to apply for. now they might apply for them. they might not apply. but they will apply to sfpd and sfpd will work with the neighbors about that

particular extension. >> so that does mean that the police department would approve or not approve the extensions? >> it does. they are the people that have to deal with it, enforce it. we're not out there necessarily. we have one person on the staff that does that so they're responsible for it so it's really up to them. >> so we're approving that and that the police department have the ultimate decision? >> exactly. we are making a recommendation to the board of appeals. that's what my motion says. we're not adding or taking away things and has the power and they have the last word on the permit. >> okay. >> we are powerless to make any

changes. this is just a suggestion. the motion is to direct our executive director to make those suggestions on our behalf to the board of permit appeals in keeping with the negotiations that america's cup and live nation has made with the neighborhoods. >> got it. >> so my thing is when these amendments come up and we had a discussion about it last time, and i wish -- i know things change but i know that it would have been nice to have it in the first proposal than coming second because it does seem not transparent but i understand things change, so since we don't have to make any rulings on this right now because it's at the board of appeals you know i guess until after that's finished -- i mean if there is any further discussion because -- for this to come in at the

last minute and i agree with the neighbors in a sense, but then again they did have discussions with the steering committee, but let's the appeals board do their thing and then we will talk about it after that because i like to have everything up front. >> if the permit is set aside it will not come back to us. >> okay. >> if the permit is upheld it's upheld. there is no coming back to us. this is a suggestion that we are directing our executive director to make to the permit board of appeals. they ultimately will make the final decision. am i correct? >> you are correct but i would like to clarify for commissioner lee in fact these were items in the initial request to you. they were in the letter two weeks ago. they were just not addressed by this body at that time by choice or by oversight,

i don't know. they were not addressed by this body and therefore were not included in that deliberation but there was no intent like you described. eferg was -- this is sort of a reiteration because they weren't spoken to. >> okay. >> commissioner hyde. >> yeah, through the chair, i just want to say did we not address concert times the last time? yeah i thought we did. >> we intussed the extensions. >> no. because that -- >> yeah, okay. >> in the future i would like to have everything. so i mean just to be fair but doesn't necessarily mean i disagree with it but we're here talking and discussing something that we could have discussed last time.

>> anybody else? commissioners we have a motion on the floor. can we call for a vote? ms. cane call the roll. >> commissioner lee. >> aye. >> commissioner joseph. >> aye. >> commissioner hyde. >> aye. >> commissioner perez. >> aye. >> commissioner akers. >> aye. >> thank you very much. >> good luck to you at the board of appeals. >> okay moving on. item number -- it is okay with the police department i would like to move item six next calling item six in place of item five discussion and possible action regarding file # 130182 legislation amending police code section 1060 and section 1070 regarding entertainment extended hours premises permit. you're up. >> commissioners as you can see

supervisor wiener is here as well as his aide jeff kreeton to discuss this legislation with you. i have handed this out numerous times. i hope you had a chance to review it. in some ways these are important although not substantive changes to the code sections that we work every time you're in this room. they're changes that we have asked for, worked really hard to find solutions to problems that you have run into here and we run in the office. there's some fixes that hopefully if you have questions. i would like to see if the supervisor wants to come up and present something specific or just take questions. this would be a great time to do it. >> thank you. good evening commissioners. thanks for having me here today. the

legislation before you are amendments are to the entertainment provisions of the police code and a variety of areas including improvement of our permitting process, creating some new kinds of permits specifically around various kinds of music and expanding access to music, and also expanding some of the enforcement powers of this commission and its staff. as you know promoting a thriving and responsible night life is critical to the cultural life of our city, but also to our economic life. we've talked before about the economic impact report that i requested and the controller prepared showing that night life generates 4. $2 billion a year for the economy and job revenue and tax

revenue and this improves night life in san francisco and entertainment in general even if it's not at night and ensure that venues act responsibly and this commission and staff can fulfill your charter mandated responsibility to regulate the industry appropriately. legislation has three broad aims. first it increases access to live music as well as dj music through improvements to the permitting process and the creation of new permits. it gives the commission and director better tools for bringing venues into compliance when they're not in compliance and has significant clean up and clarification language and we worked closely with the executive director to come up with those provisions. more specifically the legislation expands the limited live performance permit, llp, to

include out door spaces like patios and courtyards and locations that currently cannot obtain this permit and the eagle tavern can't have music and had it for years before they shut down so we're creating a new ability for them and other venues to be able to have music. the legislation also expands llp to include dj's. when we first passed the limited live performance legislation at the board i did try at that time to get dj's included. i was unsuccessful and indicated i would do a [inaudible] so that's what we're doing. also it provides increased enforcement power for the commission and staff. for example, the legislation expands the limited suspense period that

the director -- executive director can apply for a venue that violates the law from seven days to 15 days to provide more flexibility and enforcement. it also provides the director and the commission the power to require a sound test as a condition of a permit. in addition it provides the director with the ability when a club changes hands into a new place of entertainment permit is required to provide a provide temporary place of entertainment permit to bridge the gap for the business so the business does not have to shut down. these are a few examples. there are other provisions in the legislation as well. today i did introduce substitute legislation and one additional amendment to provide the director of public health with more administrative authority

to enforce noise violations on corner streets. right now there is not enough flexibility in that enforcement and we're doing that. as i indicated i worked closely with staff to come up with the legislation. we also worked with the police department before introductions of the legislation. the small business commission did vote unanimously to support the legislation. i am happy to get your support and take your questions. >> supervisor i am grateful for a couple these things. one is the temporary permits. as you know the abc provides permits, temporaries when licenses are transferring. we all know when business closes escrow it closes before the abc license and we hamstring people for not allowing the new owner to take over. that is -- yay, a great thing and giving our executive

director some more power for suspension is really valuable and i personally appreciate those two items as well as the dj's of course, so that's great. i have no questions. i just wanted to tell you they appreciate all of that. anybody else have questions for the supervisor? >> yeah i do. supervisor wiener i have questions about the temporary permits. one of the biggest issues is the night issue and new owners bring issues as they try to keep things under control. is there any provision that they have to do community outreach before getting this temporary permit? >> well i will ask the executive director to respond in more

detail. i can just tell you that the -- i think the maximum number of days -- was it 60 days? >> 90. >> 90 days. i mean it is a significant problem when a club is sold because of the place of entertainment permit is personal to the operator and doesn't run with the club like a conditional use permit would that going through the process is rather extensive and a club can be forced to shut down, so there's no requirement in the legislation for outreach, but perhaps executive director can talk how she envisions that process working. this is intended as a brief bridge. >> okay. >> and of course if the new vendor during that bridge period is behaving irresponsibly the commission and staff can enforce and shut it down if that is

warranted. >> okay. >> yeah, i was just wondering -- so that would be our office then? >> yeah. and i think in fact maybe through you at some point if we decide that policy of the commission would be to handle these temporarys in a certain way. the legislation at this point is just authorizing us to create something that doesn't exist right now and how we implement will be up to us so we should consider seriously how much of the outreach and input you want to build into that. >> okay. and i just had one more question about the patios. i know the eagle had sound and the lone star lost it in the hand over. will any patio that used to have sound be able to apply for the sound permit? >> this isn't about a grandfathering. it's creating a new or expanding the permit to

cover the areas. they still have to go through the process to get the permit and of course with limited live performance can you only do it until 10:00 o'clock at night and there are other limitations on it and it's limited compared to a full permit. one of the goals of the legislation is -- i didn't mention all of the ways we're expanding the authority of the commission, without taking any enforcement away from the police to provide enforcement -- parallel enforcement by the commission. the police will and often be involved but there are sometimes right now only the police can respond when the police might have more significant things to deal with and [inaudible] in the police department and having that commission, having that possibility -- so for example if someone decides not to get

permits at all right now the entertainment commission can do nothing. only the police department can respond. now this legislation will allow the commission to respond which not only relieves the police department of that responsibility, but also it's probably a more productive way in some ways to proceed and the commission can come in and say "you don't have a permit. it's a violation. why don't we talk about how you can get a permit if that's what you want" so i think there can be positive results of that. >> that's the very best part of it. >> i forgot to mention. >> that's the one i love the best. of course we have struggled with that since the inception of this commission so that was awesome. >>i think it's really tightens everything up and reading it on behalf -- having a poe for the last 14 years -- >> you're old. >> i'm old. it's a very fair

situation. i mean if they're really doing something not in compliance i mean it just takes care of it. i mean there was a lot of questions even when i started about some of this, and i think you answered a lot of it and i think as the industry at least the other club owners that i know of, and i kind of like talk to them and they read it and some read the 15 days -- that's a lot, but of course i told them. one weekend is really just a slap on the wrist. if it's two weekends you take it a little more seriously, so i think a lot of people like this. i think now this is something good. >> now we're cooking. >> i mean it tightens everything up. now i don't have any questions. >> so i think commissioner lee and i had both had poe's for a long time and we -- i think the

two of us have valued our permits and understood that they were probably the most valuable possessions in our business, more valuable than the sound systems or anything that we had, and we were very i think we both respected those permits a lot, and having people operate without permits and not under the same scrutiny that we had i think -- [inaudible] so this is great. this is totally awesome. anybody else? thank you so much. i appreciate it. >> thank you. >> thank you. >> thank you. >> is there any public comment on supervisor wiener's presentation of his pending legislation? seeing none public comment is closed. thank you very much for coming. okay. next item on the agenda -- >> sorry through the chair. in an attempt to be a little more

formal in how we communicate our -- our wish is or our feelings or your feelings if it were to the board of supervisors i would ask that the motion be presented. >> so i would like to entertain a motion that the entertainment commission direct staff to write a letter from the commission to the clerk of the board of supervisors exexpressing support for this ordinance entertainment related permits. >> second. >> so moved. >> so moved. >> second. >> okay. >> aye. >> commissioner. >> aye. >> commissioner. >> aye. >> commissioner. >> aye. >> thank you very much. >> sorry about that. >> aye. >> item number six police department comments and questions.

>> hello commissioners and staff. steve [inaudible] from central station. over the last couple of weeks we have gone out and done enforcement at the night clubs and making sure they're in compliance and notices that we found and a notice at the parlor at one ten a.m.. i was out with vajra that night and we watched how the club was prail operating and they violated the good neighbor policy and noise and blocked the sidewalk. security didn't attempt to unblock the sidewalk and a fight was ignored and no attempt to patrol the area that we advised. we spoke to the owner about that and stepping the security up and doing the things they're supposed to be

doing. it's in the fisherman's wharf area but across from a hotel and if i am a patron at the hotel i don't want to hear a lot of noise at 1:00 o'clock in the morning. there is always some noise you will get but excessive didn't work. there was a patron assaulted -- and not describe who assaulted him or why. a victim's it r i phone was stolen. there was a -- a narrative on this one. the general manager of the bamboo had been worked behind the counter 10 minutes when he saw a couple having an altercation. we saw -- when it was turning

physical he came out behind the bar and grabbed the male and said both have to leave the bar and forcibly assisting the male through the door when he was hit by a glass object and left a two-three everyone lanceeration on his head. the suspect was arrested that used either a bottle or a glass and arrested for that assault and the initial person in the fight with the female was arrested for drunk in public. the other incident was at the cond door and this was on april 13, aggravated assault at the condor and this is the lady -- one of the dancers. she was working the crowd near the main stage in when the suspect grabbed her. she said he wasn't allowed to do that and the

suspect through a glass at her and hit her in the face and the mouth and yelled at him and security escorted him owftd the club. she didn't want police action but she could identify the suspect. they looked over the tapes and be able to identify the suspect visually with the photo. when the glass was thrown it hit the dancer and a wall and another patron behind her and that caused another injury so sfpd is investigating that. the last thing of note is i met with the seller at 685 sutter street during the week and went over the safety and security concerns and talked about what they specifically needed to improve so it's kind of a thing in progress, so right now we have dialogue with them, and i think