example, if you are familiar with the training shack. if we want to throw it here and we would talk to them and it is only on tuesday night and we would consider that. but, and so that would involve opening the dance floor, but what we are really opposed to is, we just want to be very, very selective about that. so if the right party or an event comes up we would like to retain the option for opening the dance floor, but what we don't want to do is try any desperate measure we want it to work out the dance floor because we don't want to have to do what triggered did which was have 80 cent cosmos to fill it out on a monday night. that just causes problems. so the vending needs to be able to work without the dance floor.

i can't unfortunately tell you exactly which nights we will allow dancing. >> i am also trying to figure out what the capacity will be on those nights when you are not opening the dance floor. >> that is a good question. and i don't, i can go to my computer it figure it out. >> i am just going to back to condition 8 and the reason that i asked you is hcre. lina would be a third party promoter that you are bringing in. >> we think that she will get liability insurance. >> no they would not get it. >> fair enough. >> i would... the planning department restrictions have you reviewed them? >> yes, i have. >> and you can function within them or are you going to move to change them? >> no, at this point we can function within those conditions.

and i things are no different than whw there. >> now these conditions were set july 22nd, 2011. >> yes. i am aware of those. >> yeah, we can function within those. >> anybody else? >> all right, why don't you have a seat. thank you. >> mission station? >> hello. >> hi. >> i have a speech, i wrote. >> go for it. my first speech and i failed 7th grade speech class. >> okay. it says, good evening, commissioners. >> good evening. >> officer parker representing mission station and we have an opportunity to see an ill runed neighbor nuisance convert to a responsible member of the community. we cannot forgo the past and those pret ses soar trigger and

the life and the community inhabited and offered more police reports than i care to count. mr. eicher has proposed tis plan to the captain and myself an evening lounge as he described to host the community events and fund-raisers turns dance club. the caster has bar to dance the night away spots. however, a void exists and i believe this is where it will thrive. a well, mannered evening lounge where folks can meet for a beverage after a hard day's work. a place for the sisters can throw a (inaudible) and moneys with be raised for a good cause and people can sweat their back ends off at the latest beat. >> my conditions, are standard as you all know. and number three, there was a typo in the state it says visual recordings of patrons

entering the venue, that is an exist. and those recordings shall be made available for investigation and mr. eicher and i have discussed that thoroughly. as far as number eight, since everyone likes examples, i owned a sailboat and i had to get insurance. at the dock because if my sailboat catches fire, and then the dock catches fire, and all of the other sale boats catch fire. >> it was a good condition so that he and his partners were covered and should one of those promoters comes about and wrecks the place. >> that is up to him and his club and his business, right? so without further adieu that is all that i have. >> thank you. >> just so that you know, i don't think that this

commission can dictate the conditions of policy. >> commission hyde? >> officer parker i think that you are doing a fantastic job being new at this and taking innovative steps and trying new things and commend you on them and wanted to say that one of my, my wishing to discuss number 8 does not negate at all the fantastic job that you are doing and i wanted to make sure that you any that i thought that. >> i had a question about condition three, is there a reason that you are not actually asking them to have a camera? >> sort of like if you do, for most of the other conditions that we have had for these types, that you absolutely need to record it and so it is curious why there is more lean antsy here. >> and you may know the answer to that. and apparently. the word around that scoot

weiner is taking on the camera issue along with the aclu and he was all for them being thrown up except for the bathrooms at one time. so knowing full well, that he is going to have fantastic cameras and camera and god knows that we could not ask for anything more in our discussions. and those visual recordings that i know exist. and then you know, the police would like to leave them for an investigation. >> okay. >> so, that makes me wonder, so, could you tell anywhere the cameras are going to be in the club just not in the bathroom. >> that is a good to know, anything else besides... >> well let me refine the question. >> besides, outside the club, monitoring the entrance, are

there any other cameras within the establishment that you are planning to install. >> you have to come up so you could be recorded. and after he says it, i want to tell you something >> we will have cameras throughout the main, public areas. we will not be able to capture 100 percent but our goal is to capture the vast majority of the venue as well as the sidewalk out front. >> will you be posting a sign that says there are cameras inside and that the people will be recorded? >> yes. >> so that changes then, and maybe unintentionally with that language of condition three. it actually broadens the scope of recordings that is normally, reading from another condition that only requires the cameras

be footage be available to the police on request for the cameras monitoring an entrance and so let me clarify the best way that i can. the cameras on the street have no conditions of privacy and if they have cameras of people just walking down the street? that is one thing. if the business choose to have a policy, to record inside anti-theft or whatever their reason, and they have to post, and inform people that they are being surveyed. and it is more than likely, that i guess that a business has a right to once they notice it, i am not sure of this. but i think that they can request a search warrant for those recordings. we cannot tell them if it is their policy and they post it.

that they cannot surveil their property. >> but condition three says that if they have cameras that they have to make it available to the employees. >> yeah. >> oh, no, yeah. >> so, the difference between that you can have cameras. and you can post in the community. >> and you are being sur veiled. >> and so if you approved condition three, we are saying that without a warrant that the police can request. >> we are not required a warrant when we have gone requesting the video surveillance. >> you would need a warrant. >> and we need to think about that, number three the way that it is recorded might be bet tore just stick with the current standard recording.

>> right. >> during the discussion there going to be id readers? is that where? >> you do plan to have the electronic id checking device. it won't be used like during happy hour, and we will have security at the front door. >> is it going to be a hand held device, have you looked into the problems that come along with this and everything like that? >> yes. >> you have added this? >> that is correct. yes. >> are there any other questions? >> question? >> go for it. >> with regards to condition three. are we fwoeg to amend the wording back to the old wording? would that satisfy? >> we will not answer that now, we will answer it when we make

a motion. >> well,... given all of the feedback in the concerns that we have had about this, would the police department be amending this >> no we will not amend it. >> i guess then what she is... and that is just, and in lastly, we have had some success with mr. eicher and the establishments and the video that we have received with fr* him. we have been inundated from thefts from bars and so that is a positive result as nabing the culprits that come in and steal the patron's belongings. >> i think that if you request the video footage and he choose to give it to you, it is one thing, you cannot demand it. if he refuses you cannot demand it, you would have to get a warrant. that is the deal.

>> so if he choose to give it to you fine if he does not you cannot demand. it. without a warrant. maybe everybody has been so nice and gives it to me. >> that is because you are nice >> thank you very much. >> could i get clarify fioretti ollar clarification, yes. >> any other public comment on that? >> public comment is closed. discussion, motion? >> >> you know, i would like to say that and strike number 8, and as a condition, and because that should be part of the policy of the venue, to the side and so i would like to strike 8 and also 3.

>> i would like to approve striking those two conditions. >> we have a motion and do we have a second? >> we have a motion and a second. is there a further discussion commissioners? >> wait. on the security issue, the very responsible owner, and i mean that i am just going to, i mean just my own security cameras are played as a very important part of public safety and especially now, there is a lot of stuff going on in the castro and i read the reports and i know that an id scanners are used at temple and things like that. and i think having a sign and letting the patrons and take their own risk and some people may not want to patronize because it is surveyed but that is his choice, i believe in the spirit of what the police want to do ththe boston bombing

it plays a big role. obviously. we can't control i side with you guys of putting it as a condition. due to the capacity of this facility, i think that putting a sign up there to warn people, because i am a supporter of security cameras. that i think it is a decision that the business owner will make. if he sureys people without informing them. there are consequences of that. i don't think that it is the purview of the commission that if he should have cameras inside or not and what he should do. and inside of his venue. all right that is my opinion. >> how about if we go back to the old language of having the

video footage outside be available to the police department? >> i think that he has been very clear that intends to have them in and out, no matter what the condition we do. i think that we speak to in my opinion, this is my opinion, that i think that we speak to the issue, by not making it a mandatory caption. what he choose to do and for his own safety and the clubs that he owns in the city that he probably will put in cameras but it is not a condition. we can't ding them if he doesn't have them. >> is that clear? >> that was my intent as well. i mean, is that okay? >> okay. okay. any other discussion? >> could i just make one last comment? >> i think that it is a really great business and obviously shows that you have given a lot of thought to it and it is unfortunate to see that part of the market street so dead over the last year and i am excited to see it come back to life and

bring the positive energy. >> that was a great comment >> call the question. >> is there a clarity on the motion? >> yes. >> to approve trikinthree and 8 on the condition. >> in total? >> commissioner tan? >> aye. >> lee? >> aye. >> hyde >> aye. >> perez. >> aye. >> akers. >> joseph. >> aye. >> good luck to you. >> item number 6 f? >> i apologize, we are running late. so, cami had to step out and she will run, this is hotel nikko. she is back, look at that. >> go for it cami. >> sorry. >> called my children it is getting late. >> okay, so this is for they have applied for a place of

entertainment and also a extended hours permit. >> and they previously had both of these permits but a change of ownership has triggered this application and so they would like to have both of those partnered with finesfiens and like the raz room that previously occupied this space, it will be a jazz, light pop and broad way show tunes and that kind of entertainment. they would also like to use it for banquets and other events and it is also a hotel they have paid attention. they have approved the inspections and they are ready to go. >> they previously had a permit, did they previously have a permit? >> yes. but there is a change of ownership. >> got you. >> okay. >> is the applicant here? >> hi, welcome.

thanks. >> this is your opportunity to address the commission. if you have something to say. i would like the permit please. >> we love that. that is absolutely the best presentation right there. >> and then, we get the opportunity to ask you questions. great. >> commissioners? >> is the questions for the hotel nikko? >> i had a question, just on the neighborhood contact, it says supervisor ried district five? >> are you not in district six? >> no. i don't believe. >> you are in district six. >> yes, we are. >> so maybe kim's office would be a better start. >> okay. >> any other questions?

>> since the raz room was pretty sound proof in there have you done any changes to it, basically they went out and you are coming in? >> kind of, yeah i mean we have done he is aesthetic things. >> sound proofing? >> no. >> is there your new sound system here? >> have you seen your application? or are you just here? >> okay. so, these pictures? >> yes. >> cool. >> could we ask a question of the staff? >> i have not seen a hotel in my time on the commission. are we permitting the hotel or finstiens? >> this goes for the entire hotel space. >> they could perform all over the building. >> they could be in a suite of

rooms on the tenth floor. >> interesting and they would not invite you. >> okay. >> so that depends if we get the permit or not. >> you are on television. >> yes. >> any other questions? >> hi. >> i know that you have a whole list of neighborhood contacts here. and i just want to know if you could expand more on what actually transpired with this neighborhood out reach. and what did that entail? >> well, last year, we gave over 3,000 hours back to the community. so we replanted flowers in the union square and we served once and take one day a month off of the calendar and service at glide. so their breakfast lunch and dinner, and we inform clinton

and have been involved in project night night where we give our time there and the list is endless and last year, sorry. thanks. >> obviously we are involved with the business. union square business fothe d but there is i mean there is a number of organizations that we touch and it really depends on who reaches out and last year, they reached out and we raised over 100,000 dollars for them, when the tsunami relief we raised $92,000 in one day. so it fluctuates every year but last year, there were actually get, and i have been given an award for our community out reach by the hotel heroes. >> and how about the specific permit, do they know that there is a new, venue, or that it is now coming?

that it is a new management. and just for this specific application and are they informed? >> well there is a gentleman here that i actually just met who has been up once before and he has asked us to come to the meeting next tuesday to go and talk a little bit about that. so planning on doing that. unfortunately i did not know anything about that tonight, but myself and the director was not available to attend that meeting. thanks. >> i just wanted to reiterate that the community out reach that we are talking about should center directly around the permit that you are seeking. so that when you go out into the community, you talk to them about this specific permit. and not it is not about i think that it bodes well for you that you are a very charitable organization. however, the out reach should be centered around this specific permit. >> okay.

>> i think that it is good that you will go and speak with mr. nolty's organization. >> okay, commissioners any other questions? >> why don't you have a seat. >> you are up. >> good evening, commissioners, i'm officer mike tores and i am here to represent the tenderloin police station, we are in full support of this permit application for the place of entertainment and the place of extended hours permit with the conditions and i don't know if they mentioned our conditions. basically that they abide by the good neighbor policy condition and we are asking that this be approved from 2:00 a.m. to 4:00 a.m. in the morning. >> that is it. and i also have captain john garity here who if you like you

could ask him questions for the tenderloin district. >> it is good to see you captain. >> i would like to ask you questions, not about the nikko. >> after this permit you get to leave and we get to stay. >> do you have any questions at all regarding the applicant or permit? >> anybody? >> it beats the requirements in the hotel and it is a self-contained facility on the second floor. and they have all security and most of the commissions with the help that activates the security line well because of the hotel in the area. >> i wanted to congratulate you on your promotion. >> is it true that you got a promotion. >> as of today but it is yesterday's newspaper and so i am yesterday's news. yes i did. >> so congratulations. >> and i, i echo

congratulationss for sure. [ applause ] >> well, thank you, but it is not about me tonight it is about the nikko permit. and i think that the applicants and they have been a pretty good and they have done the out reach and there is also the alliance that they can attend that meeting there and also further out reach but i think that it is going to be a plus for the area. thank you any way for the round of applause and thank you. >> thank you very much. >> all right, the floor is open to public comment. nikko hotel? >> hi, my name is michael nolty, overhead. >> comments? >> yeah. well. just have to make sure that you read it. >> just wanted to... we are inviting the hotel nikko as well as the other permit that we obviously already got

permitted. >> and geary street. but you know, we like to have the applicants come to our meetings before they get their permits because it just helps them understand what community out reach is about and they probably can mitigate any problems if there is any beforehand and it would be a lot easier for the hearings because obviously there will be support or, so, you know, we are neutral until we actually hear a full presentation of the organization because that is where we have to stand. but, you know, we do understand that the hotel nikko has been a solid, or establishment, in the union square, area for some time. and we were glad to see it join the union square bid, because there was, i was the former board member on the north of market community benefit district and it did not want to join us, and when the union

square bid finally regot its boundaries larger, it joined so that there was no, zone that was not being covered for cleaning, and safety, and all of that. so, you know, those are the kinds of things that we would like to see happen in the community where the neighborhood has added security and all of that and it was great to see that block including the nikko make a stance and not just be in an island all by itself. i do live in the neighborhood and they are patrolling around their neighbor, as as a matter of fact that just makes, you know, that knowing that that block is usually being secured which i just really appreciate seeing is that they are in

suits, so you don't know that they are really security, but there they are, if i knew their names i would give them awards. >> is there any other public comment? >> good evening, commissioners. my name is karen and i am the executive director with the union square dib and our mission and we are in support of the hotel renewing their permit and extending their hours the dib commission is to promote cleanliness and safety. and we cover, 27 blocks in the area, and we pay for the additional property owners in the 27 blocks and including the nikko and hotels and the

retailers pay for the security and safety and cleaning in the area. we hire the officer who works until 11 p.m. in the evenings and certainly out reach to us the bid about the finstiens opening and we promoted it in the weekly newsletter and we have a reach of 1,000 people in our districts and so the people in our district are aware and are excited about them opening. so, we certainly support finestiens and we had the opportunity to meet who is here tonight and they showed me the security operation and very professional run operation cameras on every exit and entrance and this professional staff and so we are really impressed with the full operation and so you know that i think that it will bring vibrantcy to the district and keeping in mind the safety and concerns in the area. >> we promote and would support the renewal of this permit. >> thank you very commissioners

my name is kevin and i am the executive director of the hotel council and the board member on the bid and we are fully supportive of the hotel nikko and their applications for the permit tonight. the hotel has been in business for over 25 years and just celebrated the 25th anniversary and they are a responsible organization that works in the community with the police department and with the hotel community itself. i think that one of the things that i want to believe you with is they also step out and work as far as the industry as well and so they are general manager has worked on city wide programs including being a president of the hotel council of san francisco to make sure that it is a difference not just for the hotel but outside of the hotel. she also serves to the board of directors of the san francisco travel association. our organization represents 72 different hotels. and this march, we met and we did what we call the hotel