owner as well? e >> i am the permit officer and the admin sergeant. and the eagle side permit offices conducted its statistical assessment with the crimes occurring within 500 feet of the premises, and these compare it to the previous owner by comparing the crimes plausibly related to alcohol, served at an accomplishment

venue within a three-month time frame. from day one of the office and the temporary permit granted september 24th to the end of a three month window on december, 24, when compared to a three month time frame, to the previous establishment, the crime, under it for that area under a 500 foot radius has gone down 20 percent. and within a 250 foot, in either direction, along mission street it has gone down 40 percent. >> it has gone down? >> although the numbers suggest a marginal improvement, the station is committed to the area's steady improvement and only through the businesses acknowledged responsibility to its neighbors and sufficient stimulations attached to the permit, can the san francisco police department insure that they will play an active role

in those improvements. accordingly, the station strongly supports the 15 recommendations be added to the conditions of the permit. >> they suggest that the hours be changed to one a.m. and we are open to that provided that no noise will be audible beyond the area under the control of the license, as defined in that section. and as long as it is not audible outside of the premises, and as required by abc and then, that is fine with

us. >> we do share it with the blocks that are currently under investigation with the police department. ironically, their model, which is for security, among them, and the model, among them which is bright lights and cameras. so that you can see the conduct of the patrons outside of the establishment. it shared by the cross marijuana or canibus dispensary like five doors down and it is through their and i believe that it is through the required stipulations for both of these premises that the crime is

actually started to get better in that area and it is not perfect and it can continue to get better and we are, and we are taking a good look at these other two places. but i think that they have made a strong effort so far. >> we have questions, i believe and i will start with commissioner hyde. >> i have two questions, the first one you may not know about lee, and someone else said, there was another situation that i was at recently, where certain employees did not feel they could go and get lead training because they do not have american citizenship >> and the second one that i wanted to know is how many other types of or is there a

lot of off-sale, like buy a beer in a bag and is there a lot of that sort of liquor around there in that neighborhood? >> in the neighborhood? >> like liquor stores? >> no, not on that block. within, maybe, three blocks, that is quite a distance. but... >> okay. >> commissioner joseph? >> while you are standing there, do you have the abc conditions. >> unfortunately i am not prepared for that and i can tell you that generally off of the top of my head, when the transfer was ordered, as a

person to person, and look at the complaints that were coming in and most were specific to the noise. and some public intoxication. and having said that, that was automatically kicked back to the conducted investigation and it is nothing major that was warranted a disorderly house for us to do at the alu at that point in time. >> i do believe that there were some protestors on file with the abc and i believe, once again, the conditions that sergeant turner has applied here will mitigate some of those concerns. >> sergeant turner, your conditions mirror many of our good neighbor policy, which are conditions of the permit. >> right. >> so, i don't take any offense, but, when we rule he will ask them for them to

strike because they are redundant. >> one of the reasons that they become mandatory conditions, is so that if anybody chooses not to follow those regulations or strike them as it were, it would be the entertainment commission and not the owner. >> they are conditions of the permit. they are, like, for instance, let me give you an example. item 4, is a sound check, will be conducted to establish that the adequate sound proofing is m place. >> you can't get the permit from us without a sound check, so that is, you know, that is not even a can be, you can't even get the permit without that

>> these are exactly the same and i don't know if you have the copy of ours. >> i am familiar with the good neighbor policy and these were set up in accord with that good neighbor >> right. >> but they are redundant, and they are twice the same conditions. >> so. >> and in other words,. >> so long as... and i have been doing this for maybe three 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