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tv   [untitled]    February 9, 2014 11:00am-11:31am PST

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>> so, if you want to come into my venue, and do a gig, and somebody falls down and breaks their head or a piece of equipment, you bring in and blows up and hurts somebody and then it is on me, but if i get you, or if i ask you for an insurance policy naming me as additional insured they sue you first. >> i understand. >> and then sue me. >> i do understand how the insurance works. my question is last time. >> and outside of the venue. >> and it was outside of our dictation. >> and it is obviously good business support. >> eleven right. >> if you don't have any questions or comments for officer chan. i don't see anything, please have a seat. thank you so much. >> let's open it up for public comment. >> is there any public comment on drake's application for 12 events a year?
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>> i don't see any. public comment is closed. let's go ahead and i know that there is further discussion about this, if you want to strike any questions, or, but, please, couch that in the motion. >> and i would like to, move to approve this permit, or strike number 4, 9, and 11. >> second. >> sorry. >> second. >> all right, everyone see that and so the motion is to strike, the condition and to approve the permit, but to strike the police conditions, number 4, 9 and 11. >> yeah. >> is there a second? >> i will second that. >> there say second. is there any discussion? >> we are striking them because they are in the good neighbor policy. >> that is right. >> so it sounds like 4 and 9 are a good neighbor policy and 11 we can't mandate in terms of the special event insurance? >> but there is one thing, with
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11, the very last sentence, says that sfpd shall be notified at least one week prior to the event. however, in ten, it says, that they want two weeks notice, prior to the event. >> well hopefully... if you are going to strike. >> you want the two weeks. >> you are getting the two weeks. >> yeah, right? >> but they are getting notice. >> all right. so that is the motion, is there any need to clarify it further? if not, let's take it to a vote. >> on the motion to approve with the recommended conditions, striking four, 9 and 11. commissioner campagnoli? >> aye. >> commissioner joseph? >> aye. >> commissioner hyde? >> aye. >> commissioner akers? >> aye. >> commissioner perez. >> aye. >> president tan. >> aye. >> so moved. >> so that motion passes. and we are going to move on to the next permit applicant,
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which is our guest from the last meeting, la oficino. they are located at 4234 mission. and they are still pursuing their place of entertainment permit. as you recall, mr. escoloero was here with his niece and at that time the commission had concerns about the neighborhood out reach and security and other issues, last saturday, commissioner hyde and i attended a meeting at angle side station and it was attended by a lot of the neighbors and an officer from the station and we had some merchants there as well. and we we took a look at all of the issues that are neighbors were complaining about, including the patron behavior and noise and we developed some solutions. recognizing that the applicant has proved to be a better operator than the previous owner, the neighbors still do have concerns that we are taking pretty seriously. the group came up with some solution to mitigate these
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concerns, including having the security walk the block every hour at night and make sure that there is no garbage or anything, putting a stand witch board out front asking the patron to respect the neighborhood and having the security to ask them to smoke in front of the bar rather than in front of the street in front of the homes and then asking the security to also request quieter disbursal at the end of the evening and so those were some ideas that we came up with and also decided that we would convene in two months to see how everything is going. so, with that i am going to turn you over to blanc and also mr. escoloero. >> my name is blanc a and since the last meeting i have sat down with him and he has been updating his security system and rearranging his cameras, and he is in the process of hiring all the bar staff, and
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trained bartenders and waitresses, and also be required to take the led program, i believe. the security group has the written description before it, he is posting a policy for over serving in spanish and english by the bar and they are going to have a logbook to stipulate you late the block and he is willing to meet with the neighbors more often as far as the good neighbor policy. to bring any issues or concerns to the table and i believe that the next meeting will be at the bar so that everyone can have a feel for those who have not been in the bar. he was doing the sandwich board outside and posting the or a few signs as far as the suspecting neighbors and they
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do leave the premises to leave in an early fashion. the people that smoke 15 feet away on the curb, far away from the bar and not by the building, next to it. as far as music, friday and saturdays from nine to 12, i believe. >> commissioner joseph? and then commissioner perez and hyde. >> i don't know if you were there two saturday nights ago but i was, along with inspector sean burke. so this is what i saw. i saw that it was very clean outside. very, very clean. and i could slightly hear some music when i got close to the door it was not offensive, it was not anything that, you know, what concerned me was that the door was locked.
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and it was locked with people inside during business hours, at first i thought it was closed and then i heard the music and so we knocked and sure enough, they opened it. and of course, nobody spoke english, except for the security guard who said that he did not speak english, actually did speak english. and when i asked him why did he keep the door locked he said to stop certain people from coming in. so please, be clear that while people are present in the bar, you cannot lock the door, any door, all doors must be opened for fire exit. and so, that was the only thing that concerned me, and he did comply, with using the juke box and he did comply, i was impressed by your security guard he was full-blown, trained, badge, stun gun, the whole nine yards, he was armed to the teeth, i had to look at
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his stun gun twice before i realized it was a stun gun and not a gun. and then i asked him for his guard card which he had. and then i asked him for his credentials for his stun gun and he also had that. and he was fully licensed and trained. and so my question is, why does he need that level of security? i mean, this guy was, you know, looked like sfpd, but i mean, why? >> was he afraid of the neighbors? >> i am just curious. >> no, he wants someone to be there and you know, to be secured at all times for the people to feel safe and to actually come in there if anything was to happen before the police arrived. he is prepared to...
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>> and so, with that kind of a security guard, i find it hard to believe that is not doing his job he was really serious. and so, so correct me if i am wrong and so didn't we have the neighbors say that the security guard was not enforcing stuff outside? >> and if i may, i think that a lot of the issues were also like from the previous owner, and that a lot of the security guard issues were definitely with the person who said that the noise was their tv, do you remember when they came in? >> i do. >> and so i think that is where the problems were. >> and okay, so, in my humble opinion, i think that the security guards is going to do his job. and that is how i felt. but i did and i would like very much for you to do a little assessment of the door and to find out where that little bit
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of sound is leaking out of, if you could, that would be, that would be something that i would like. if you could do that. >> but i will tell you guys, that the place was, the street was clean, the garbage cans were covered, and everything was nice, and whatever, and maybe it was that way because there was no band playing. but, it seemed to be very taken care of. there was a sign that said, be quiet and respect your neighbors, the whole nine yards. >> what time was that? >> what time was that. >> midnight. or 1:00 >> something like that. and we didn't start until ten, and so that was, our fifth or sixth stop during the night? it was late. >> and i had commissioner perez next and then the commissioner akers. >> hello. and i was really happy to hear from your presentation that you said that you will meet with the neighbors more often to bring the issues to the table and so what is your plan, or
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strategy inviting the neighbors to reach out to the folks in your neighborhood? >> thank you. >> we pretty much got the contact numbers when we had the meeting on saturday and the e-mails and i am actually helping them out to get everybody together for the next meeting just to see if anything changed from this meeting that we had and or if they have any concerns about the music or, just anything over all, that is bothering them, because i do know that they love the neighborhood. and so, we just want to stay neutral. >> when is that next meeting? >> we have it for the two months from now. >> two months. >> yeah. >> do you have any other questions that commissioner lee? >> so, i think that the whole thing if not granting the last time that he was here, helped a lot to educate how important it is to communicate. and i guess that he showed up
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and cleaned up, the place and i mean, that is the whole spirit of you know, we didn't have to grant it, you know, and put all of these conditions, but i think that the communication with the neighbors helps a lot and i think that he wants his business without getting picked on all of the time. and i think that he understands and a lot of the locked door thing is kind of scary, though you got to keep that door unlocked and if he doing his job, and he should deter people from coming in than locking the door. >> is there any final comments from commissioners? >> and if you could get and have a seat and we will invite back the police to speak on their conditions. >> thank you. >> thank you. >> yeah. go. >> the commissioner if i could tell you, that i just distributed before the meeting the new conditions that the
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sergeant put together with the edits so that you can tell what he changed reflecting the last meeting. >> great, thank you. >> good evening, commissioners, and i am sergeant engle side station and i am representing captain falfe and i will just say right off of the top that my officers and i have met with mr. escoloero and his staff to explain the policy as it relates to abc and the entertainment commission and to convey to him our ideas on best practices. specifically with regard to security. and every time that he has been incredibly responsive and he strikes me as being someone who is genuinely interested in having a good business that the neighborhood can be proud of. to that end, with the specifically with regard to the last two issues that we ended up with last, at the last meeting, he did have his
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community meeting, at engle side station, which i understand went remarkably well. and i would only add that it, and that the probably one of the reasons that it did not happen sooner is because it was not clear that it had to take place on one hand and on the other hand because there is a significant language barrier. and it, but it sounds to me like his taking steps and both measures, and he is making it a point, to meet with people, and provide a telephone number and the only other thing that i might add is that he be certain to make arrangements for or add an accomplish speaker because most of the people who live in the neighborhood who have or many of the people who live in that neighborhood who have concerns are english speaking. >> we also talked about security. he, at the first time that i went in he had a rather
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inaccessible security system and i told him that it can't be in the ceiling it has to be 234 the place that is immediately accessible and i told him about the codes that with the language that would suggested that it would be and the best practice and at some and limited required from the cooperate with the police and in order for us to do that, we would have to add a computer screen and put it in a safe place, and do the wiring and i didn't think that it was going to happen right away, and i didn't think that it was going to be done by the time that i came to this meeting this evening but it was in the space of three days, he had completely revamped his security system and taken care of all of the issues that we were concerned with. and the other item was that having to speak to one of the security guards, and specifically, with regard to what is found in the street and they were not clear that they were responsible for all of it
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and they could not always establish what was their, or what the client's problem and what came from outside. and i said, you know, don't worry about that, call the department of public works and they will come and clean it up if you can't do-it-yourself. and then, they were not exactly hour how to go hands on with somebody on the street who might be causing the problem. and i told them that it is not their job to go hands on with anybody, that is our job. you know, they, should but they should feel comfortable to calling 911. so that we can spopd in a timely manner and take care of any concerns, any way, that is in order to be encouraged by the steps that we have taken and specifically with regard to our recommendation and i tried to give you two copies so i hope that they both made hem to you and the red is the earlier items that we add and we offered that these are
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recommendations and we don't expect all of them to appear in the stimulations. and so with that, did you have any questions. >> item number 1 is struck. >> yeah. >> completely. >> yes. >> and it was with, and in the food note there refer to number 5, and number five and it adequately addresses the issues that we have with regard to number one and i am sure that it is a typo should be permitted during 12 p.m. and 11:30 a.m. and you mean, 11:30 p.m. >> yes. >> you do. >> and so that is a typo. >> yes. >> and just checking. >> i typed this up like 15 minutes. >> you type must better than i do. >> and had red. >> and the blue is added from last time. >> yeah. >> and so, you are even in ours. >> and i did my best to add
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some codes which i believe... >> not in our jurisdiction. >> which i believe highlight why any particular section might be relevant, but with respect to those codes, but i imagine that you are with them and you might only have to refer to their being responsible for following them and something like in the good neighbor policy and then it will be necessary to add it to the recommendations. >> i have one more question for you, do they already have their liquor license transferred? >> good question. i'm... >> i believe so. >> so do you know what the conditions on that liquor license is. >> no, not just up, off of the top of my head. >> so you cannot condition a liquor license for hours. >> that is... we can't condition a liquor license, for hours. >> right. >> but even you cannot condition a liquor license for hours. only the abc can do that upon recommendation by you to the
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abc, >> right. >> so if the abc gave him until 2:00 in the morning and you are restricting him to 11:30. >> i understand your concern, they are well within their authority to give him until 2:00, but i believe that let's see, this is in accord with the applicant's original request. but as... >> but it cannot, and if it is not part of the abc permit and they change their mind during the road, this condition is not enforcable by us, and by us and it is not even enforcable by you, and and you have to turn it over to the alu to bring it to the abc and i just wanted to be clear about that. >> if they want to stay open until 2:00 in the morning, monday through sunday that would be fine at this point.
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we can explain it because of the security measures and the, the good neighbor policy. but the security measures that they put in place, both and mr. escoloero's place of business and also at the green cross down the street. the green cross is also offered to step forward and help him with any security problems. >> that is great. thank you. >> if there is any other commissioner questions or comments? >> i do. >> and commissioner campagnoli? >> yeah. >> sergeant, i have a question, regarding, what is your recommendation for the hours and days and hours of entertainment. >> and whatever. >> whatever limitations may apply to. >> and right now, based on his good faith, execution. and all of the requests that have been placed and all of the recommendations in the police department and i have ever
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confidence that he will manage a good business no matter what hours he requests that i would only ask to conform to the limitations by the abc. >> in other words, and if we are okay with that. >> it is 7 nights a week and two nights a week. >> i think that would be accessible and we will run more into the problems of maintaining the staff that many nights a week and that is on the business owner any more. all right. >> commissioner hyde? do you have something? anyone on this side? >> any other questions? if not, we can open it up for public comment, unless you want to come to speak. >> good evening commissioners, with the alu, and i wanted to clarify commissioner joseph's concerns in regard to the conditioning of the hours, and
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yes, it can be done and it can be done by the abc and what the recommendations of the san francisco police department, for by protest, and in this particular matter, when the transfer happened, once again, like we spoke last night at the last meeting we had no problem with the new ownership taking over that they will conduct the better service than the previous owner. and in regard to this matter and, we saw no need to add any emergency conditioning because, like i said, we didn't want to interfere, or defeat the progress of any new owners and have them fail before they start and there are many ways to add the emergencying conditioning and at this point the alu is not speaking to do so. thank you. >> so, so, they are permitted until 2:00 a.m.? >> they are operating conditions at this time but yes, 2 a.m. is closing time. >> okay. >> great. >> thank you so much. >> and let's open it up for public comment, is there any
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public comment on this issue? >> for this permit? >> good evening mie, name is patricia and my husband and i own the two buildings right next door to the bar, i want to thank the two commissioners who came, we, i know that i speak for the other people who are not here u the neighbors, and that was the most productive meeting we have ever had, the most encouragement that we have ever had in all of the years that we have tried to work with the people and so thank you thank you, very much. and i one of the things that you did not mention was a plus was the fact that they we have a phone number, and they are required to have an english speaking person in the bar so that if a call is made for excess noise, that someone who speaks english will be there. i am very concerned about meeting the other owner whoever it may be that is english speaking. and i certainly want to work with these people. because we are in the business
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as well and we don't want people to fail. one of my concerns is right now when i walk into this room is the previous owner's of the bar are here in the room. so i am curious to... and i don't know if i can ask them or what the story is. i can't ask them so that is a concern for me. why are they here and are they still connected to the bar? so, i thank you again, for your time. >> thank you. >> is there any other public comment? >> i do see one person. >> state your name. >> my name is mike (inaudible) and i was the prior owner of the place and since we sold the place, we have been teaching them and training them, that to have a neighborhood policy,
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because we started having some confrontations with some of the neighbors, which finally we work with the inspector that the inspector we worked wither close to them and we invest like $15,000 in insulating the walls which is really any good effects because even right next door, and next to the bar, and any significant noises, reduced and he even went to the other property, and to check if the noise was and the noise was completely reduced. so basically it satisfies in terms of the noise and everything that it was, and or suggested by the commissioners. but, now, i think that it, and we have a three places writ now, and in the same block, the places that we have in the same block and they have security
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guards and they are in charge of cleaning the place, and this is really clean, as much as we can. and i do it myself. and because it is still a neighbor and i have a office right there. and i think that mr. escoloero is doing a great job of cleaning the place and even if he does not do it because he did not shop so early and we are doing it in the rest of the people in the block because we are trying to work it out with the neighbors. and we are really concerned, and that anything that is happened because now i know longer owner, i am now a neighbor. and that i am really would like to have a peace, and you know, no noise. and so, i am here to say that the investment that was made before, plus, the effort that he is making, and so that the noise is no longer any problem. besides, it is a great plan and
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so that is why i am here. >> thank you. >> thank you. >> any other public comment? >> seeing none, public comment is now closed. commissioners? >> i have a question for staff, and looking at the application, the applicant is to just address the neighbor's concerns, and the applicant is jose escoloero, the people that have control over the premises and, is he bottom it says that the name and the address of the process of service, and the meetings and the owner and name and the address of the owner. and conception silva is the owner, is mr. escoloero not the owner? >> there are two i believe. >> no that is the landlord. >> of the building owner? >> yes. >> okay. so, jose is the owner, and
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romero estrata is who? >> he is the co-owner. >> and who is jose rodrequez? >> you are? >> yes. >> and so, who is jose rodriguez? and maria estrata is who? >> the wife of the co-owner? >> it seems that he lives with you and it has the same address and the same middle initial. and so i guess what is your
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last name? rodriguez or escoloero. >> he is jose, escoloero and rodriguez jose is another, >> it is him. >> it is him. >> 3158, 24th street number six. >> that is one of his nephews. they have the same name. >> and they live together? >> yes. >> okay. >> and maria estrata is the wife, sister relative of ramera. >> she just helps them out. >> she is related to him? >> at the same address? >> >> she is one of the workers. >> she related to the other man? >> no, she is not related. >> she is not related.
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>> okay. they live at the same address. >> maria lives at 177 lilac street..., no? >> no. sorry. >> confidential information. >> i am sorry. >> they live at the same address, that is why i am confused. >> they are siblings. >> they are siblings. >> yeah. >> brother and sister. >> so, just for your neighbor's sake, is this the total amount of people who own your place? >> no. it is just two of them. it is jose and then, romero. >> okay, thank you very much. >> i believe that is... sorry. >> i am sorry. >> so let's entertain a motion. >> i would like to entertain a motion. >> yeah. >> i am going to have the entertaining the motion, and so the motion that i would like