closing time. yeah, we should take public comment. can i just ask what your request is, what time? >> to lift the closing times that the commission -- >> what closing time would you like? >> i don't know, i suppose midnight on the weekends and 1:00 -- midnight on the weekdays and regular 2:00 on the weekends, although most times we're over earlier because live shows are generally not that late. >> i just want to make clarification is that what we're talking about is the time the entertainment ends, not the time that the venue closes. >> so, you would like 12:00 a.m. on weekdays for entertainment to end and 1:00 a.m. on weekends? >> yes, please, that's fine.

>> okay. if there's no other commissioner questions or comments, we can take public comment on this or if the police have anything to -- >> excuse me, i have a question. then are all of these 7 stipulations, have they been met? i mean, if they're not met, how can you possibly ask us to reinstate your time? it doesn't seem like a win, win situation. >> i do not have the stipulations right in front of me so i cannot address -- >> they're right there. >> okay.

>> i will follow back up on number 4 which is permit holder will submit a timeline on the hard dates when all soundproofing will be done, in other words, i will come back with visual demonstrations that and show what has been done according to the soundproofing that we have done from the initial hearing. did you receive the updated security plan? >> yeah. >> did you also send it to the station? the mission station? >> no. i don't think i did. my partner did that, so i'm not sure if he did or not, but i can check in with him. >> thanks. >> and then aside from the discrepancy of whether the house line or actual cell phones is better, i personally

think neighbors having the cell phones of the managers is better than a house line which might not be heard. >> okay, do they have that now? >> that was the discussion i had with the principal neighbor that i communicate with and who shares communication with the other neighbor ins the back, that's the discussion i had with her yesterday that we should use the cell phones instead of the house lines, so she does not have it as of now, i agreed that's what i proposed yesterday and she thought that that was a good idea so i'm planning on making that happen. i can do that tomorrow, e-mail her and she'll share it with the rest of the neighbors. >> can i ask you, how many managers do you have? >> there's a bar manager, a sound manager and the security manager, and it's not a big enough room or club to have an overall manager on every night because they all have their responsibilities that they handle. >> right.

but doesn't the sound manager have to be there all the time? >> he's the same sound person, sound manager is there 90% of the time, and he works 90% of the shows, and occasionally, there's another sound person who has also been fairly, thoroughly educated on these issues. >> and michael, he understands what's at stake here? >> he does. >> what's his name? >> daniel sam. >> okay. >> so, he's the one who's going to take control of the 23 year-old? >> i'm not trying to be rude by saying that, but that is the [inaudible] that's playing at our club t average age, i haven't done a scientific sampling, but i think it's about that. >> hypothetical, i understand that. i'm just saying that it's his

responsibility. >> well, it's ours but he's a key conduit to the problem or solving the problem. >> and how long has he been the manager? >> since we opened two years ago. >> so, in the interest of time, i think we've gathered a lot of information, and i think we'd like to buy a little more time, but before we go into any motion, can we just take public comment. is there anyone, whether police or otherwise? >> commissioners, officer gary buck n*er from mission station, officer parker cannot be here tonight, she asked me to fill in for her, she had a family emergency, i apologize for not being thoroughly brief on the stipulation previously put into effect for the brick and mortar club, however, i do know there's a history of noise

problems. we'd defer to you in your expertise and i understand you're already working with this brick and mortar club in order to bring them in compliance, as the commissioner stated, we would be opposed to changing the hours as you've set forth previously until they can come up with compliance with the previous stipulations that you've made and that they you can be assured that the good neighbor policy and such can be adhered to, so that's really our position. we're not opposed to them changing the hours, but we would like them to comply with these changes in order to secure the sound as required. >> great, thank you. >> any other public comment? seeing none, i'm happy to entertain a motion. >> it's time to use your gavel. there you go.

>> very good. >> you do that when you end public comment, this is new for me. >> a motion, yeah. >> got it. >> so, i would like to move -- >> the matter's with the commission, right? >> i would like to move to continue this item for two weeks before we consider lifting the conditions to give brick and mortar an opportunity to bring back the documentation as requested by commissioner hyde, commissioner lee, commission near camp nel ly and that is my motion. >> well, i want to add a friendly amendment to that. >> do we need a second first? >> i second. >> great. >> with a friendly amendment. the cell phone line, obviously if we can get some feedback from these neighbors that are impacted to send us little

comments or e-mails that has been done or connected for some kind of indication that this thing is working. >> just to clarify the issue because i think it got a little muddled up, there's been i think for i think the duration of this issue a phone number, it's been on their website, it is the phone number that mr. o'connor referred to, i don't think it's consistently answered but there has been an available phone line so the complaint from the neighbors that there hasn't been one i don't think is completely legitimate, it's just that it's not answered on a regular basis or at times so they felt like there wasn't one available. i don't want to mince words or whatever, so if your amendment is related to an additional line or a different one, then just i want to be clear about that. >> the input that we get from the neighbors is that the line is being -- i mean, they acknowledge there is a line though, correct? >> yes. >> some did and some didn't. >> yeah, see, i kind of like

the ones are saying they didn't, if they already send us something now, it's on record, that they reached out to these people that did send something to say there was a line, this is what the procedure is and they acknowledged that. >> so, just -- bhas your friendly amendment again? >> it's just to reiterate if they can go through and make sure that these neighbors who are coming to us that want to fix the situation, that the phone line or the contract to the venue has been resolved, whether they answer the phone or not, i mean, they should be answering the phone, but when people say that we don't know that there's a line -- >> okay, i will accept a friendly amendment that says that brick and mortar will provide us a copy of an e-mail that they send out to their neighbors giving them the phone line, the phone number.

is that okay with you? then that friendly amendment, i will accept. >> great, so the full motion then is to continue this for two weeks and for brick and mortar to come back to prove to us that they have met all of these 7 conditions, which includes documentation of an e-mail. >> photos, anything. >> photos and documentation of the soundproofing. >> and a copy of an e-mail sent to the neighbors giving them the -- reiterating the current phone number. >> alright. do we have a second? >> i'll second. >> and we had a second. >> we already had a second, alright. shall we vote? >> yeah, i just -- i would like to say something. you know, this was a fairly serious and large case and it seemed to me like it was something that really impacted the business and it was something that was very serious, and the actions we took were really serious and

there were a lot of complaints about like how we handled it, but i just want to say that if something this serious comes up, if i were a business owner, if i were even coke mow, i would go out and do out what i was asked to do and i would make sure i did it to the letter and i would make sure i returned here with the information that was needed to give me the neighborhood representative the wear with all to believe that these complaints are being taken seriously instead of being blamed on bands and multiple parties, and you know, i feel very uncomfortable about extending it another two weeks if they've had all this time and this very serious, you know, issue and yet still the response was very spotty. >> any other comments? >> so, commissioner hyde, i mean, by extending it two weeks, it also gives mr.

o'connor an opportunity to complete any unfinished soundproofing that he said he could do in the next two weeks, so it would give him that opportunity to shore it up even further with further strategic solutions and then bring all that information back, and i think our goal here is to make sure that brick and mortar comes into compliance and their neighbors are happy. so, we only are allowed one continuance, so that's it on this. that's where i'm coming from. >> anyone else want to chime in? >> commissioner hyde, do you see an option? >> you know, i don't know, i'm just saying that another two weeks, what exactly is that going to do? they've had months and the sound complaints have been going on for over a year and

you have all this time to bring yourself into compliance or stay with restricted hours or possibly lose your entertainment permit. i mean, those are very serious things for a small business to be up against and i think that if we want nightlife to stay an integral part of our city, that we have to hold people to task and we have to expect people to behave in ways that are moving quickly towards compliance, and personally, from other people that have had similar issues, they have gone over and above to come into compliance. i've been working with 1015, they're working with police and putting out cones and work witching the neighbor, they're doing everything they can to make sure they don't lose their permit, they take it very seriously and personally, i do not see the same amount of commitment here that i've seen

in other people in this situation and i don't really see what extending it another two weeks is going to do. i think they've had their time and we've asked them to be responsible and if they can't be, we have to say, i'm sorry, you can't be responsible and this is what we have. >> well, i want to go further. i'd like to see the documentation, if he's saying on record that he's done it, i want him to prove it and if he can't prove it, it tells you what owner he is, so unfortunately, we have to badger him and we said we told you to bring it and we're giving him the second chance for two weeks, i want to give him the leeway that you actually did it and if you didn't do it, you lied to everybody and we have an issue. i asked for documentation before, it says in the stipulation, you come back, there's no documentation, i'm with you, but we all fall under

the same umbrella, okay, if they were attacking my club and the same thing, i would do everything i could to save my license, so this is my opinion, i'm saying, commissioner hyde has his. >> so, we have a motion and a second to continue the item. >> commissioner cam upon ly? >> aye. >> commissioner lee? >> aye. >> commissioner joseph? >> aye. >> commissioner hyde? >> no. >> commissioner tan? >> aye. >> the motion is adopted. >> so, the motion carries, this item is continued for two more weeks and it will be heard on the 20th, august 20th. we'll see you then. so, moving on to the next agenda item, we moved one of the agenda ies up, the hearing

and possible action regarding the applications for permits, the first is with elizabeth vaz kez for tio chilos grill on 2872-24th street for a limited live performance. >> so, elizabeth vazquez is here from tio chilos grill, it's a family run restaurant, it's been a favorite, she has applied for this permit so she can entertain folks who come already for tacos and all her other great food. she has a great deal of neighborhood support, she brought these which i'll toss them to you. so, she does have quite a bit of neighborhood support there from the 24th street merchants, also some neighbors and there are police conditions that are in the back of your binder, so with that, go ahead, ms.

vazquez. >> my name's elizabeth and i think it would be great for my business. it's not too late and i think it will bring more customers to my business and to the neighborhood. i've been there 11 years, so everything's been good so far. i've talked to all my neighbors, no one seemed to have a problem with it, everyone seemed to think it was a great idea and that's where i'm at. >> great. commissioners? >> i just have a question that will help us with our discussion later. is there something that you found a positive reward in doing your neighborhood outreach, is there anything that you found that that really helped you incorporate you into the neighborhood or that gave you different ideas or anything like that, is there anything that you found particularly rewarding from doing that? >> no, it's just most neighbors i appreciated telling them i had applied for a permit, that

i had a position and i pretty much kept them posted on everything that i was doing and that was pretty much it. everyone gave me positive attitude. >> do you feel like it connected you more to the neighbor ins a way. >> i know most of the merchants but neighbor, i met only a few, so i met more of them and got more customers. >> great, thank you. >> other commissioners? any questions or comments? alright. let's take public comment then. thank you, ms. vazquez. is there any police that would like to comment on this. >> commissioners, we have no objection to the issuance of this permit. i want to state for the record that often the problem that we find with these llp's that serve food, specifically the

type 41abc venues are that they really don't serve food or they crank down the food and allow minors, that is individuals under 21 to come into the establishment and carry on and do what they do and enjoy the entertainment that's being provided but we just want to reiterate that doing so is a violation of the abc permit which is in turn a violation of this permit because they are required to comply with all laws in order to have a valid llp or any entertainment permit for that matter, so we just want to make sure that the permit holder is aware that this llp is in conjunction with their serving food at the restaurant, this is a restaurant, it's not a bar, a restaurant that serves alcohol and we have absolutely no objection as long as the

business is being run in accordance to what the abc permit requires. >> thank you. is there any public comment on this live permit? no, it doesn't look like it. in that case, public comment is closed. the matter's now with the commission. i'm happy to entertain a motion on this permit ap. >> i move to approve. >> i second. >> okay, commissioner camp nel ly? >> aye. >> commissioner lee. >> aye. >> commissioner joseph? >> aye. >> commissioner hyde? >> aye. >> and commissioner tan? >> aye. >> okay, motion carries. >> thank you, good luck. congratulations. >> the next item on the agenda is eric reid and michael gains

for intermission for 2050 bryant street, applying for an entertainment permit, mr. reid and gains, go ahead -- no, [inaudible]. >> this is the forber space, they'd like to go for a full place entertainment permit so that in addition to circus and skating and dance classes, they can offer entertainment which would include live bands and mission statement that provided documentation that you will find in your folder. >> so, mr. reid and mr. gains? >> i am mike gains? >> unfortunately, mr. reid, there's only one microphone for the two of you. >> and i'm eric reid, and this is our partner, zack carson as well. >> so, go ahead and tell us why you want this permit.

>> great. well, to give you a little back story on our existence at the facility formerly known as cell space, we joined about four years ago and assumed some managerial responsibility there and saw that we needed to become a legitimate venue in all rights, so on that note, that prompted us to instigate a full compliance program which included the change of the use of the property from light industrial to a place of assembly which we are now [inaudible] and a-2 place conditional place of assembly as well. we've met with directly a year ago, september, september of last year of 2012, we met with the police department,

introduced ourselves, got some conditions from them to comply with which included security plans, security systems, full compliance with the good neighbor policy, and then approached them four months later with all of these purled off of our checklist and met again with the fire department as well and have just been tenaciously pursuing this project for the past, myself, for the past four years, so we are now in a position, we were -- i need to digress for a second. we were operating then for about 6 to 7 months full time with sometimes having alcohol at our events, we've teamed up with a non-profit that were throwing fundraiser on their

behalf and really are proud we create peace projects, we're proud to say we funded their trips to uganda for art education is their main objective. in the period of this 6 to 7 months that we were operating sporadically again with abc permits through the mission statement, we had 0 complaints. we were told by captain moser and the rest at mission statement that we were exemplary in that regard and i loved using this quote, that we are exactly the kind of business that the mission station wants to see in the mission, so towards that, we are continuing with our community outreach programs, our community programs, we opened up our facility up on a weekly basis to several groups free of charge, non-profit

groups, we've again throwing events, very successful events and we are just one step closer to bringing our dreams to fruition here. one -- zack had to remind me that we are the first benefit corporation, we are legitimate, federally recognized benefit corporation, bcorp, the first music venue in the u.s. or theatre in the u.s. that is a benefit corporation, zack is one of the founders of sustainable living road show and is our sustainability guru and he's lead thing way in that regard as far as bcorp status is, and there's some benefits in being a bcorp in our

relations with the city and incentive by the day. anything to add, guys, on that note? >> questions? >> alright, then we'll go ahead and ask you guys some questions, starting with commissioner joseph. >> hi. >> hi. >> so, we have anybody from the fire marshals, which says you have an a3 occupancy. >> correct. >> are you going to have that changed? >> we have an a-2 occupancy as of two or three weeks ago which prompted us coming back to you. >> okay, so this was dated -- okay, so this was dated april 10th. >> i've got a copy of that a-2. >> great, can you let the staff have it, that would be great. are you going to serve -- i'm assuming you're serving some kind of beverages and food or either/or? >> we will. really i think 50% of our

events right now have beverage and/or alcohol associated with them, and obviously on those, we go the conventional route of going through the mission station for those permits. in those cases, obviously our a-2, conditional a-2 comes into play, our a3 is in play when we obviously don't have food or alcohol associated with that. >> are you going to pursue a traditional public asemimri?-- assembly? >> you mean an a-2? >> just for the purposes of clarity so everyone knows what she's talking about, these are different varieties of assembly permits in the fire department that allow numbers of people and this is the viability of this business, and it's a fairly big space but with a smaller occupancy, they can't do the events they wanted to

do, so this was posted quite a while ago and some of these things are dated quite a while ago, but they're back here because they want to make the occupancy higher and it changes if there's alcohol in the mix, given that it's about exiting and exiting safely, so i think the fire department's assumption is when there's alcohol present, people don't exit quite as successfully, so there's more work to be done and i don't know if the commissioners want more specific, expensive changes, i don't know if that's relevant to get into or not. >> i'm just curious. the only reason i asked was i was curious. i'm not done, you're next, i promise, you're next. alright. so, it also says that just in your description here of what you do, you also say that

nighttime events, roller disco which is way cool, wednesday-sunday, 7 p.m. to 2 or 3 a.m. >> [inaudible]. >> this is your paper work, you said this. so, our place of entertain permit ends at 2 a.m.? >> absolutely. >> do you want to go after 2 a.m., that's a different permit, . >> we're not considering that. >> one last question, the type and amount of soundproofing you have because you have live bands, you have those heavy velvet sound curtains. .ing that was an addition, yes. >> my question to you is not that, i want you to describe for me your encapsulated stage and sound audience. >> 150 foot stage curtain, encapsulates stage and audience. can you describe that >> encapsulate, well, first and

foremost, i have 100 linear feet that i brought in of heavy velvet curtain donated to us from the war field, they're amazing curtains, they're double lined thick velvet, they do wonders for the acoustics in the venue, and we have any kind of noise complaints through our history there, but the inclassing lacing would be an up stage curtain, so that deals with the monitor issue and the amp issue of live music and such and one of our common walls, our east side common wall is 75 feet of this curtain, so inclassing lacing may not be the correct word. >> i was curious how you encapsulated it all, and you didn't. okay, cool. alright, thank you very much. i think it would be claustrophobic if you did, you know. >> commissne