very, very productive in the neighborhood. thank you. >> thank you. >> and john, i live on the corner and i have been there since 1974 and i have been there since the dance company did the benefit for what was called gay cancer at the time and this is my neighborhood and i am the crazy person who said, that they or that they would get a permit and that i am approving a permit and i am going for a permit and my neighbors are looking at me like i am insane because they have done so many things wrong and you have all listed the many things that they have done wrong and i have sent you the letters and e-mails and telling you all of the terrible things and here i am telling you that i think that they need to be given a chance and so am i crazy? i don't think that i am because someone is going to get in there and i have no control over it and i think that you can control these guys and i

think that mark can control these guys, and i want to tell you when i came in here, and this committee is so different from the committee that i had to deal with with whispers and circulo and thank you for your service. and i think that they need to go back to the drawing board and very do a lot of specking and a lot of important work, but, somebody is going to go in there. and they have a steep learning curve. >> time is up, sir. >> thank you. >> is there any final public comment on this issue? >> please come on up. >> state your name and if there is none after this i am going to close the public comment. >> i am joan and i have a bottom floor space on alabama street around the corner and this is the time of whispers but i had five of my six windows broken and a gun was found outside of my window,. with each subsequent club that

goes in there and whatever the parties and there was may em until four in the morning with the parties i hope that is taken into consideration here. thank you. >> all right, thank you. >> is there any final public comment? >> i don't see any, so public comment is closed. the matter is now with the commission. >> commissioners i know that we have a touchy one. >> i would make it to deny this permit. i am going to make the motion to deny this permit. for many reasons, first of all in 1060.5 b.1, the correct posting was not done for the neighborhood, the way that was posted was absolutely incorrect. and then if we move on to section f, number 2, 5, and 6, it is about notwithstanding the mitigation of provided under the public security plan, and

if there is an unresolved citation, application to the premises, and if the chief of police, or the chief designated in person at the entertainment commission, hearing on the permit application or in writing objects to the granting of the permit on the basis that the commission should make one or more of the findings and i am not going to go on but i think that we found a lot and i have never moved to deny a permit. and i often try and believe that we live in an urban society and there is noise and there are ways to mitigate the issues and i do not believe that this permitee is available for that kind of action. and i hope that my commissions will indeed deny this permit. there is a motion to deny. >> and i will second that and i would like to add 1060.5

fthree, the business lacks adequate safe guards to permit noise that will interfere with the neighboring property and i think that you have already proven to us that you can't control it. and you have been operating without a permit. >> all right, is there any discussion about this? >> any comments to... >> i think that... >> commissioner lee. >> i think that it is very clear that the applicant was... and i mean, that not very transparent in many ways, i think as you obviously you buy a business and you either know that you have to have a permit there or you don't. and i think that some people assume that because you buy a business that has an entertainment permit, you can

just assume that. but, everybody has to reapply, and new conditions can happen, based on the history of the venue previous to taking over. >> so, i think that i have to agree with the commissioners at this point is that and you have every right to appeal it, but, i have to stay with them. >> and i usually don't deny a permit, and i am in the industry, but in this case, it is totally unprepared. >> this is a question to the staff, or cami, if we deny the permit, is the only recourse to go to the board of appeals, or could they come back in a year and say that we have another. >> they can go to the board of appeals or they can come back in one year. >> okay. >> got it. >> any other comments from commissioners? >> i just want to say that for me, this is not about any venue that was there before. because this is a new owner and

operator, this is about them how they presented themselves today, and what they have been doing since they have been opened up until this time. >> and i would concur with that. and i think that we have, as a commission, we have often given the benefit of the doubt to the applicant and said, hey, they might have been a horrible business with the previous owner, but, this new owner seems like a manager has a new plan and as a new way of approaching it and can address all of the things that we care about here. and in my time here, we have not denied one and so this will be interesting, if we all vote for it. >> yeah. >> go ahead. >> so, this means that for a full year, that they can't apply. >> and i guess, it seems harsh to me that i feel like regardless even though we say that we are not taking into

consideration the two previous businesses, i feel like it has had an influence on the atmosphere and the feedback that we have gotten from everyone tonight. i am not saying that i disagree with the decision, i think that it is disappointing, because i like to see that people have an opportunity to make changes,, and i think that there are a lot of reasons why people could get up here and say that they don't know something. without it being mal feasan or manipulation, and there could be a lot of reasons. and and i would like to give the people the benefit of the doubt, and we have been in situations before where we have seen very similar answers or behavior or lack of out reach or lack of thoroughly completing the application to or address all of the issues that we bring up and we have

still given them some kind of opportunity that is less than a year to make amends to work with the community, more diligently, to try harder. to impress upon them how serious this is. and how serious we take our requirements. and in a year is a really long time, that is basically saying, you are not going to have a business. >> commissioner joseph? >> so just, to that point, they are a restaurant, and they will be able to continue to operate as a restaurant, and a bar. they can put on an ipod. and have complimentary music. i don't know what the, or if they came to apply for a different permit like an llp and i don't know if that will be not allowed, because it is an absolutely different permit. but, in no way, are we

impacting their primary business by not allowing them to do sunday fun day. and i mean that is my opinion. on this. >> and commissioner hyde? >> and i just wanted to also, just to reiterate what commissioner jaef has said and i mean that i understand that a year is harsh and having never denied or asked to deny a permit before, i understand the harshness of it and i just think that you know, i really did not take into consideration what had happened there before, because i am not actually really well versed in it. and i did receive the e-mails, however, what i heard were people who at this time are unprepared to accelerate entertainment in that position. i believe in a year if they were to come back, they would be able to elevate and have

some entertainment possibly, if they learn what they should be doing. what i saw is people who are unprepared and who have impacted the neighborhood without a license, and really have no great remorse about it. and had a community out reach meeting the night before this happened hoping to come in here and get the permit. is what i saw. and these are reasons why i do not believe that they didn't post correctly and they did not behave correctly and there is no reason to reward that kind of behavior. >> commissioner akers? >> so this will be an opportunity for the applicant to work more diligently with the community, and the neighbors, particularly, and not just the people that are coming to eat at the restaurant, bup the people who have been impacted the most severely impacted in the evening hours and when they are trying to sleep or the fear that i heard, and it sounds

like, either they have a year to work on this, diligently and seriously, or possibly, apply for a different type of permit. or, commissioners, they could appeal this... >> right >> or appeal the decision. >> right. >> and that will be at the board of appeals. >> and the board of appeals would probably want to see similar resolutions with the community. >> right. >> and i think that we have, and the conversation around the motion they have already cited specific kind of parts of the code that we are using as rationale for not allowing it. and i mean that i do think and i appreciate commissioner akers point because i think that we have continued items for like six months and some time of a duration less than a year. that is an option if people want to do that. >> is that an option. >> no. >> we have. >> we can't. >> okay >> six months. >> you can continue this. >> for two weeks.

>> two weeks. >> the permit must be decided within 45 days of the posting. and they come here 30 days, and they get and we can continue it once, they can continue it for longer periods of time but we can continue it once. >> that is what i am referring to. >> we have given the people conditional. >> we have given them conditional ones with limited periods. >> to make amends or to do better >> right >> so i think that wril wrap up the discussion, and commissioner lee could you do. >> and i mean, how do you feel about giving them two weeks to try to work it out with them? >> if is futile and they have to go to the board of appeals and be better repaired than coming with what we just did just now. >> i would not accept that and i would like my motion to stand as stated. >> the motion is to deny the permit and there was a second. >> on that motion. >> take the vote.

>> on the motion to deny the permit. eperez. >> aye. >> akers. >> no. >> hyde. >> aye. >> joseph. >> aye. >> lee. >> aye. >> commissioner campagnoli. >> aye. >> president tan. >> aye. >> so, it is 6-1, to deny, the permit. >> all right, so the motion passes. let's move on, thank you, everyone in the public to come out and speak today. >> our next item is item 6, which is just commissioner comments and questions. commissioners? anyone say anything? >> i thought that our i had a great time on saturday, i thought that was a really good meeting thanks for everyone for coming and for the staff for putting it together. >> thank you. >> thank you. >> any other commissioner comments. >> thank you. and the lunch was good. >> yeah, the lunch was great. >> it was great. >> lunch box.

>> i had garlic breath for hours. >> yeah. >> commissioner perez. >> is it possible to have a second one this year for another and not a retreat just an off site meeting? >> i will bring that up to the executive director. >> and hash out things and talk about things. more informally? >> sure. >> i will bring that up with her. >> so you are not talking about an official tuesday night meeting, you are talking about a retreat. >> okay. >> and any other commissioner comments and questions. >> is there any public... >> yeah? >> were you going to say anything? >> is there any public comment on how fabulous our retreat was. >> all right. >> let's move on to item 7, new business request for future agenda items. >> okay, so i have two, i would like to schedule in maybe a month and a half, a formal discussion about party buses here at the commission. >> all right. so mid may? >> mid nai may would be great.

>> and i don't have a date but i don't want it to be six months down the road. and then also, i know that we had talked that there are a lot of incomplete applications and i would like the staff to start to take actions on those applications. >> you got it. >> could you share with the commissioners list of who those people are. >> i can't off of the top of my head, but i will have a list for you the next meeting. >> that is too bad you don't have a spread sheet in your mind. >> almost does, i think. >> dart board. >> electronic dart board. >> any public comment to the future agenda items >> come to the summit. >> and any quick announcements. >> come to our summit next monday, april 7 from one to four p.m. at the main library and we will have a lot of topics. >> and we will talk about who is going to be there.

>> sure. who is... >> who is planning to go? >> i am. >> i don't have to go. >> so she specifically requested and tell her the times and hours that you going so she can tell you when. >> it is a public meeting, is it not. >> it is public. >> and so we can be there. >> okay. >> it was going to be a problem and that we could go. >> and we go. >> and so it is a public meeting. >> all right. >> have a good night, this meeting is now adjourned. >> so what brought you out here for the bike ride today? >> i grew up in san francisco

but i have been living in new york. i wanted to see what san francisco is doing with infrastructure. >> cities are where people are living these days. the bay area is doing a lot with construction and the way to change the world starts here. >> we are about to take a bike ride. we have 30 cyclist. i'm really excited to hit the road and see what the city has in store.

>> i definitely recommend it to people. it's a fun afternoon and you learn so many things. >> this is so much fun. i go to parts of the city that i don't come to. this will make the city a more susta

>> >>