months. but, it sounds to me like it is so long as those conditions are enforcable. and then, >> we will have no problem and i can go in the bar and say that you are in violation and i am shutting down the bar. >> the good neighbor policies are part of a condition, of the permit, however, we are the entertainment commission, and we do not permit anything other than entertainment. and in the case of this permit, we also permit pool tables and mechanical and amusements, if they are in violation of the good neighbor policy, all that you can do is stop the entertainment, and that would not give you license to close down the bar. and so in other words, we don't license his ability to be a bar, that would be the abc. but what we license is the entertainment. what we check on is noise. and coming from entertainment

good neighbor, things, we don't license the business. >> i understand. >> per se. >> yeah. >> we don't license, and the staff am i correct in that? >> yes >> thank you. >> and so i know that you have been doing this three months, and i have been doing this shy of eleven years and so i know for sure that we only license the entertainment and everything associated with the entertainment. >> and so that is what we license, and if the noise is coming from the entertainment or from the patrons having to deal with the entertainment that falls on us. but it is a bar issue and abc issue it will fall on the alu unit or the abc. >> right. >> all of that is understood. >> it is our ha bit to strike

the redundancies so that it is clear for everyone for understand. >> in all fairness to the sergeant, the redundancy and the point is well taken, however we did have some prior to the new ownership that we did have issues that the condition of keeping the door closed or keeping the controlling of the entertainment and the sound was not managed well by the old owners and here we are with the new owners and so the redundancy is... they are not adhering to the condition prior. >> if they did not keep the doors and windows closed and they were not acting in concert with the good neighbor policy, the police department as well as the entertainment commission, has a right to tell them to because they are in violation of the permit and the good neighbor policy shut down

the music. it does not give you right to shut down the bar. >> we are experiencing that now, where we did not object. >> we wanted to give the business owner the opportunity to succeed and the conditions that we are going to be applied here in all fairness are to mitigate that the people in the community to suffer through. >> i get it but the conditions already exist that was my only point. >> that it is like me saying to you, close the door, close the door, open the door, open the door, it is being redundant and it is, it is a lot of paper and it is confusing, so if you go in and you ask to see the permit, and they give you their permit, with the good neighbor policy attached, and they are in violation of the good neighbor policy and, they are in violation of that condition. and if you see it twice, and you need it worded and it is confusing.

and it is just, it is just more efficient this way. >> thank you, commissioner. >> thank you. >> and so. commissioner, akers and then commissioner hide. >> well, we have a quick question for cami. >> when did you say that they got the good neighbor policy? >> you get it as part of the permit and it is attached to the permit and all 13 items of the policy to become a condition on the permit. >> so four months ago. >> no they don't yet. >> we are voting on the application. >> for the past four months it is problems with keeping the door closed. >> no with the previous owner because you should have not had entertainment in the last four months. >> as i understand it, condition number, and i agree with the commissioner on the redundancy, and the condition number two is outside of our purview; is that correct?? >> the entertainment commission is not, supporting conditions that were require an owner, and

forfeit the surveillance that would mean that condition number 12 will also be stricken and the last sentence in number eleven. >> and i think that it is just out comes after we hear from the..., yeah, so, conditions and stuff like that come after. >> so we are not going to modify anything currently because there is no motion on the table, but if you have any clarifying questions? >> no, i don't. >> sergeant turner, you met the applicant during this process. >> do you feel that you could work with him? let's say, that you know, if we give him a chance, you know? do you feel comfortable that you know, he will, listen and you know that he wants to try and change the image of this business? >> he has already demonstrated to some degree that he is willing to buy virtue of the reduction in the crimes so far.

and number one, number two. and i am concerned, that he has not already reached out to the neighborhood and i did ask him to do that when i went to see him. >> and but, i think that with a little motivation, that he will come around. and i also spoke to his partner, who is an english speaker, and very congenial and i don't see any problems with communicating with the neighborhood when the time comes. >> okay. >> you know, the, my only concern is not having been given a copy of the good neighbor policy, that they be provided with its conditions which are here. and that they are enforcable. as long as it is enforcable, i have no problem with it, that is my job. >> they are enforcable.

>> unless there are any other clarifying questions, i believe that there are folks from the public that would like to speak to this item >> why don't we open it up for the public comment. >> if you are interested in speaking on thit em step forward and you have a two-minute limit and if you have a speaker card filled out hand it over to the staff. >> my name is patriaci and i was here the last time with the previous owners and the reason that i am here is because my husband and i own two buildings next to the bar, one is butted up right next to the bar itself. and we have young children, and we have families in the buildings, and we have young children and a brand new baby and a baby on the way and so i just share this with you because i don't live there but i have young family and people trying to live a good life in

the building. when we came here the last time i thought that the situation was going to be resolved because what we have experienced is when there is live entertainment that there is constant loud noise coming from the bar, from the front and the back, and there is fighting that goes on between the men, and i mean, that i before, with the old owners there even was an incident where the guy came after the other guy with a machete right on mission street. and we experienced not only the fighting, we have the driveways, blocked. and we have congregating and loud noise under the windows. and then there is urineating and vomiting and they have a fear of even going outside of the building. the people in our buildings do not want to confront the people that are drunk outside of the buildings. and they don't even want to open the windows any more.

and if you check with the police department and you will see how many calls there were. >> you have 30 seconds. >> i want to tell you also that we spent more than $2,000 putting lights strategickly to stop this happening of what is going on outside. thank you. >> thank you. >> point of information, over the last four months, have you seen an improvement since this gentleman has owned the bar? >> in the last, i am going to say my tenants say in the last two months, one thing that they observed and told me is the security guard outside and instead of making them go outside and the guy is joining in, that is what they are seeing out of their window. >> thank you. >> you are welcome.

>> whoever is next, step forward and introduce yourself >> my name is lora hee and... >> could you speak into the mic please? >> i live right next 25 feet from the bar. and i am trying to put these pictures in. and i am trying to operate this. >> and you are doing a good job, there you go. >> okay. these are from 2011 and 2012. and things that have happened in our immediate block. and the things that have not changed. as you will see in these next pictures.

>> can you explain what we are looking at, i didn't quite catch it. >> i am sorry, i thought that you were on the committee the last time that we were here. >> just me. >> just you, i am sorry. >> and then some other... >> beer bottles coming out of the bar, urination on the front of my building and throw up in the front of my building and the next pictures and that is from 2011, and 2012, these next pictures are pictures from 8-3-13 and october 11, 13. and i don't know if you can see this, but there is throw up being eaten by birds, the next day. and this is what the front of the establishment looks like the next day. and that container that you see there, that is where they put out their cigarettes. and then, this picture here on

the right is actually a man urineating in a tree that is out in front of our house. and those are >> point of information was the bar opened when that was happening? >> yes. >> that was october 13th? >> that was october 11th. >> and then, the bar has been doing entertainment as you can see in this picture here, this was on september 22nd, this is what they brought into the bar equipment wise. and then, they have had, they have had entertainment for the four months consistent. >> your time is up, ma'am. >> thank you. >> could i get the next speaker to step forward? >> okay.

>> hi, my name is dan, heap and i live at 4228 mission, which is a door down from where they are. and apparently, we have had a lot of trouble with this bar, and i believe that the previous owner sold because they could not comply with all of the regulations that everybody is trying to get them to comply with to at least be a good neighbor. i have nothing against a neighborhood bar and people going to meet and greet and be there. what i do have a problem with is it is trying to turn into a nightclub. and when they get the live music it is very loud inside and i got woken up at 1:30 in the morning which is too late to call to get the police to do anything about it. and what is happening is they loiter out in front of the house and sit in the cars and listen to the music and talk on the cell phones and nothing is being done by the loitering and so it is our quality of life

and we are sitting in our living room trying to watch tv and their noise is over powering our just being able to watch tv. it is so loud in the bar that they come out of the bar, speaking just as loud. >> so, what i feel is the previous owner could not comply with any of these things and just had total negligence toward any of our neighbors or any quality of life that we may want. and he is entitled to try to make a living which i totally agree with, but not to destroy our quality of life. and the thing is, that i believe that he sold it because he could not comply and unfortunately, the new owner thinks that he can comply, but he will be honest with you, that i don't think that he can, it is a very small building, with a very large, loud, noise, product and they always get way more people when it is, live entertainment. and it is way loud, and at 2:00 when all of these people are leaving, they are burning out, and they are making tons of

noise, hooting and holering and so it is just terrible what i would like to see is not to give them the entertainment permit, unless they proved that they can do this stuff, don't give it to them and say that hopefully you can do it because it is not getting done. >> your time is up. >> thank you. >> hello commissioners, i am president of the auto merchants and resident association and i sort of feel like we are putting the cart before the horse because we are here at this commission, hearing to give him a permit, and he is not done the work. and he has not met with community and i have called all of the neighborhood groups around there, and he has not bothered to call anybody, and he has not done any out reach and i am very concerned about the community liaison, and we have a number of mcds in the neighborhood but the one that i think that has always worked is the fact that we know who the community liaison is so that we can call the person and so to me, it is like you are rewarding him.

and you are like, i don't have to do anything further and i agree with dan. and you know, we have been through this before, guys, why are we having to come to you and say, hey, we need help and we need help. because you guys are going to give him cart blanche and he has been abusing the rules because he has had entertainment. what about the property owners, what about their rights i really urge you to seriously look at this situation. because, if it gets out of hand, then what? what is our recourse? yes, we can keep calling engle side and have calls for service out there, but then what? there are other issues that the police need to be taken care of in the district and tending to one bar is not part of it. thank you very much. >> thank you. >> and excuse me, i just, a point of information, i was just wondering, and could you tell me again, what neighborhood organization that you have represent?

>> the outer mission merchant merchants and association, all the way from the city border to 280. >> he could also discuss or meet with the... >> okay, great. >> okay. >> any other public comment on this? thank you. >> good evening, my name is julana huvaten and i own the 6 unit building on the corner and i did send some pictures to miss black stone and one of the pictures that you saw, earlier was from my building with the vomit. and i do not get the noise, because i am the third building from the bar. so, i think that the other two buildings butttres me but i do get the vomit and the urine and the bottles. okay? so i pass by the building once a week and i have to clean up. i don't expect my tenants to do that. but, i don't think that any of us would like to open our garage door and see vomit on the floor, okay?

as the others have already said. we have gone through this before, we have been here before. and to allow this bar owner, to have a permit for live entertainment, i think is the wrong thing to do for our neighborhood. okay? thank you. >> thank you. >> is there any other public comment? seeing none, public comment is closed. and the matter is now with the commission. >> commissioners? >> i have a question. >> okay. >> the bottles, and i was not really clear on the pictures, are those just regular sized beer bottles? >> it totally looked like a 40 to me. >> yeah, because those would not be sold at the bar. correct? >> correct. >> was that it looked like a 40. >> it was a regular sized corona bottle that i saw.

>> i have a feeling that you are also getting public comment from the audience which sin appropriate and so you are talking among yourselves. >> so the question at hand is do we believe from the pictures that we saw at public comment. >> who are you asking? >> the commissioners. >> okay. do we believe that the pictures shown were the regular size td bottle? >> so, just working with the club malibu these complaints comes, and for the neighbors, call 311 immediately and they will come up and clean up your urine and vomit, and so call 311, the city does provide, ma'am, this is what i know happens before us. and so urine and vomit and bottles like it is very easy to blame them all on one place.

i don't think that the boltses are generally sold someone that the bottles do not come out of a bar in general. they are from other places, they are drunken outside of bars. and urine and vomit, you can't say definitely that all of the urine and vomit comes from laoficina. >> i am not saying that they don't do any of it but in other areas that we have worked in, it is like never just one place that is at fault, ever. you know? so, i just want to and i know that it is very, easy to say that it is this place, but, it really does happen on a more communal level. >> i just,... >> i just want to bring up a point. and i asked specifically if the urination was occurring on the

tree in front of the building which i thought that i heard you say that the building was next door, was like happening while the bar was opened? if in fact it was happening while the bar was opened, during hours of entertainment and the security guard was present and a security guard did not stop it that is a problem for me. >> correct. >> so, if in fact there are bottles on the street, in front of the bar, whether they come from the bar or not, the security guard, it is incumbent upon them to remove them, bottles are weapons. >> but they do not have the good neighbor policy at their disposal at this time. >> okay. let me finish. so then, he has been operating without a permit. >> correct. >> so, >> it is a temporary. >> does he have a temporary permit? >> he does not. >> so he is operating without a permit and in violation of our

rules. and so, that is that. and having said that, thinking that the old permits transfer, and everything that we hear at this commission, my feeling is that if you are going to be a good business owner and you want to own a business, and especially a new business, it is your job to research what you need to do to run that business. what permits you need. and you could not operate without a health permit. you can't have entertainment without an entertainment permit and so he is operating without a permit and so that to me is always a problem, so those are just my problems with it. i am not saying that we don't grant a permit. i am just saying that behavior is a problem to me. the security guard not, doing security. so, >> commissioner lee and then commissioner akers? >> and i have a clarification, then, so the build out that scott weiner did for updating the entertainment and so i

thought that there was a transfer. >> yeah, there is an opportunity for a new owner to have a temporary permit, but they have to be in process within a window of time. >> right. >> i believe that it is ten days. they didn't come to us until after they had already done the transfer and gone to the abc and so, we began speaking with them in september, i believe, and then it was not until more recently that they were able to. >> basically there is a ten day window and they came way after that. >> yes. >> commissioner akers. >> so this is a new owner, and who has had the bar for four months and inheriting numerous problems that it seems like the community has, it has been accruing and so the level of tolerance is probably fairly low. so, at the same time, i want to keep in mind that this is a new owner, and we want to give them like a fresh, and we have been talking about a fresh start.

and you know, just let's give this person a chance to demonstrate and yet, should we be expecting that they do the same level of out reach and do diligence in the application process? and so what we are hearing is that that has not been done. and they are inheriting a bunch of problems? and i agree, that the conditions outside of the bar, if the bar is open, it sounds like the security guards, they may be new, but they are not handling things. and what i mean by that is the bottles, the vomiting and the urination and it sounds like there is over serving which is illegal. and it appears from the picture that there was live entertainment occurring. >> that was a base for sure and a drum kit. >> and also, i should have

mentioned this when the officer was up here but i am concerned about condition number one and i don't understand it and i can't understand what it is trying to say in terms of the restrictions? >> they are asking us to limit entertainment to those days of the week. >> yeah, i don't get it. >> just friday and saturday from 7:00 p.m. to ten p.m. and that is it? >> yeah, that is it. >> that is what they are asking. >> and that is... >> yeah. >> i think that they would like to take a motion because i think that we can discuss kind of the conditions that we may like to apply to this. so, i know that it sounds like commissioner lee has a comment and then commissioner hyde. >> so i can move to approve. >> a motion to approve, with the conditions? >> yes, i am sorry, i have to make a much bigger motion. >> all right. let's come back to that if you want to think about it for a moment. >> commissioner lee and hyde.

>> i am not quied comfortable granting the permit at this time until they have more conversations with the neighbors. i think in the long run, mitigates this problems and listen to the neighbors and see the conditions. see the good neighborhood policies now. and then, let them review everything, the neighbors feel that, you know, give them an opportunity and possibly and a civil meeting now and not a lynch mob kind of thing but a really good kind of thing but he seems to be willing to learn the business and i think that the previous owner felt that he was entitled and i think that some more communication is warranted. and i think that right now, there is a lot of issues here that we are not comfortable with, and i think that my opinion, and i think that they need a little bit more out reach. and a little bit more conversations with the neighbors. >> okay. >> and so i want to amend my motion to i move to continue

this permit. >> and can he with continue it how long can we continue it before it becomes a permit out right? >> answer that one? >> i believe that the statue is a 45-day, so the time clock on this. >> from the date that they apply, or from this today? >> from this hearing date. >> commissioner hyde? ? you know that one of the things that i have been doing is going out and sitting with neighbors and the bar staff and have convening a conversation where everyone is in the room together, and so that everyone gets to have their conversation heard, and i am willing to do this with laoficina to sit down and i think that first of all what they need is someone to go over the rules and regulations in spanish, and so that they are understood really well and i would work with supervisor avalos' office to have someone

go out there and do that, and do that first. >> and excuse me commissioner, i have a motion on the floor. >> okay. >> so before... >> could we let him finish the comment. >> before i second. okay. >> second. >> and the reason that i do not support it, is because i think that there are other ways to work on this. >> and i think that you know, what happens if we keep pushing it, and then it just is granted any way by the state. correct? >> so then they get their license, and we don't have a lot of say, i think that if we can get in there and start working with them right away with the neighbors, and in the next couple of weeks and really get this going? >> i am confused. >> continue for two weeks and then set that up? >> i think so. >> yeah. >> so there is a motion, i don't know if there is a very clear second on that motion. >> i will second for two weeks. >> there is a motion for two weeks. >> sure. >> the motion is for two weeks. >> okay, there is a motion to continue this item for two weeks and we have another commission meeting in two weeks and in between that time there

is an offer on the stable and so the motion is to continue this item for two weeks and there is a second >> clarification. >> and the next meeting will be february fourth? >> apologize. february fourth. >> and so to continue the item to the next meeting? ; is that correct?? >> is that a fair amendment to that. >> that is a fair amendment. >> and may i get the neighbors to shake their heads if they think in the next two weeks they could make a meeting or not? and i... i don't know that we can have this dialogue right now and so let's, and so, there is a motion to extend this to the next meeting which i believe is then, three weeks? >> there is a second for that. and we technically do have up to 45 days and so we could extend that if that is an interest of the commission? >> so, is there any discussion on the motion? if not, we can take it to a

vote? >> and you can vote it up or down? >> yes. >> and two weeks. >> yes. >> yes, the..., go ahead. >> the owner of la oficina has to understand that he cannot have any live entertainment while this is occurring. >> good point. >> until the permit is granted. he understands that, right? >> okay. >> i would like to see it continued more than two weeks. >> more than two weeks? >> personally. >> but, i, do they have a juke box? >> could you guys come up and we have a couple more questions. and i will take in a second. >> so, the question is do you have a