tv [untitled] February 1, 2014 12:30pm-1:01pm PST
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over served beyond enebriation in other words, they are shit-faced drunk, and so maybe building more relationships with your patron and talking about appropriate behavior outside of bart and putting up the signs and having the communication with your neighbors and trying to work with them because those types of nuisance can heighten people's annoyance with your bar so that even the sound becomes unbearable, do you see what i am saying? you need to start working with all areas and making sure that you are responsible for cleaning up a certain amount of area outside of your door. so, >> yeah. 100 feet. so, i don't know if..., we have a good neighbor policy. >> we do. >> yeah, in spanish. >> and yeah. >> and yeah, because the phone is on, the good neighbor. >> are you aware of our good neighbor policy? have you seen that?
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>> just took over and he is trying to have the, and the old, owner he was good friends with the old owners and so she kind of, you know, they have been talking and she kind of explained to him, you know, she was there for about 30 years, so, they have had a little talk. >> commissioners, if i may interject. the good neighbor policy is a part of every permit because he has not been granted a permit, he may not have a copy, like a recent copy, we just recently had it translated into spanish that he will get a copy of.
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>> the neighbors have the contact information here and can you set up the time to actually speak with them and see how you can eliminate some of those problems? >> he is willing to meet up with them, and speak to them, you know, about the issue. >> okay, great. >> commissioner joseph? >> i just want to, you said that he was good friends with the old owner. and then he has never owned a bar before,; is that correct?? >> yeah. >> so, please correct me if i am wrong, but isn't it true that the old owner was brought before us, because of the neighbor complaints? and they were quite extensive, everything, you know? and we had the old owner before us here, and he was very
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arrogant about his and he believed that he had a right to play music as loud as he wanted or to do, and my recollections are that that was true? >> well, so i can speak to him and having them in front of you, and it looks like we asked them to appear on february 28th, 2012, and as far as the demeanor, i can't remember. >> okay. >> i apologize, i have to look at the video. >> so, if his experience in running this bar, is the way that the old owner ran it, then there is a problem. and you know, this commission always thinks that a new owner is like a fresh start. it is a new way of communicating to the neighborhood. it is a new way of operating the business. it is something new and different, someone could look forward to change.
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but, if his experience and since he has no experience running a bar, and if his only experience running this bar was the behavior of the old owner, then i have reservations about his ability to run the bar. so, i would like him to tell me, how he is going to operate it differently than the old owner operated it. and i hear you saying that he is going to try to do this and try to do that but i think, he has to say, what he is actually going to do. not what he is going to try to do. what district is this? >> is this in eleven?
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>> okay. >> he is trying to keep it more organized as far as his employees and staff, and bartenders and he said that maybe in the near future he will get another security guard just to have, you know, more, another security guard, and maybe one inside and one outside, just to so that td the issue that happened for the people urineating and throwing up, and he plans ongoing by the book of the rules. if it is, you know, the music,
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turned down, and cut it down for three days, instead of five days, and he plans to reach out to the neighborhood. and do the community out reach. pretty much have the neighborhood, or the neighbors that talked to you guys and plans on sitting down with the people that have been explaining and have the meeting with them and see how they can see what he can do to help them, you know, not complaint about the bar. >> thank you. >> could i ask another question to the staff? do we have the conditions that we placed on the previous owner? >> yeah, i can... i can pull their permits. >> okay. >> and real quick. >> commissioner lee. >> i have a question, and since he has not been, you know, a bar owner before, can he tell me why he even wants to even bother to get into this business especially at this venue with this many issues
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going on with the neighbors? i am just curious does he know what he is getting himself into? >> he just wants to have the experience of owning a bar and he plans on doing a study and taking his bartenders through training and he wants a new experience. >> has he been in the food and beverage has he worked in food and beverage at a hotel or any
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kind of what is his background, i am just curious. he is an owner of a jewelry shop. and that pretty much his background and it is something different for him but he just wants the new experience, as far as being a bar owner. >> so he understands that he is inherited, you know, it could be a good business but he is also inheriting some issues. >> yeah. >> and i guess that you know, we always want to give credit to new owners but hopefully that they will make the change and be willing to do whatever it takes to make this business run along with what the neighbors want. and the law enforcement want. >> he is willing to follow the
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rules and pretty much just go by the rules. >> all right. it looks like we have one last question and actually i would like to bring the police up and we can ask more questions after that. >> hi there, my question is twot security guards, did he hire them or they new or did they work for the previous owner as well? e
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>> 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
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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.
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>> 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
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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
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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...
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>> 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
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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.
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>> 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
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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
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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.
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>> 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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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