a conditional use authorization process for the roof top deck, idea. and i know that she did hold a community meeting last thursday and i know that she sent out the invitations to a lot of people in the neighborhood and i think that it was well attended from what i understand, but she does have also some letters from the out reach that she has done so far, she has been to the southern station meeting and sthe has been to several different things but i can keep the commission abreast, as far as the process goes. >> we don't have to put a time. >> no. >> we just have to say that before it has been conditionally granted and what we would like to make sure, is that there is a better security plan, and out reach and everything, is in line, and then, we will no longer just conditionally grant it, but grant it. >> right. >> so that would be my motion. >> okay. can you restate that? >> yes. >> so, i would like to

conditionally grant this permit, and then make sure that there is a follow up meeting here where we can either place conditions on the permit as-needed and also, make sure that she has done her due diligence. >> i accept that restatement. so i second that. >> all right. >> so there is a motion and a second. >> is there any other discussion about this? commissioner akers. >> just for clarification, so the motion is to just approve it, right now, and conditionally. >> conditionally, and then, she would come back at some point that we are not determining, but there is a time frame of nine months. >> the difference is that if she does get the roof garden, and then the entire building has to be taken down sort of and support the roof. >> okay. >> and if not, then it is going to be a less intensive.

>> with the conditional use. >> it is not much. >> and she has to complete this within 9 months. >> is that true? >> yes. >> okay. >> i am sorry i was not imagining the 9 months. >> within nine months and going to come back at some point before that with a more expanded security plan and present us with the community out reach. >> yes. >> okay. >> and cami will let us know when that time is. >> and that is the point at which we will add any further conditions that we might have. >> yes. >> not tonight. >> not tonight. and i think that is when we will have the opportunity to say you know, limit the hours, or limit the days, or you know any other types of conditions that we have put in the past. >> and i think that it is just basically, do we want her to move forward. >> you know, it was interesting, and the neighborhood, and her meetings and if she was really people opposing her she would be here. >> i am ready to vote.

>> okay. >> all right. >> you are ready. >> and so there is a motion and a second. >> okay. >> and it does not seem like there is anything to offer anything so why don't we take a vote. >> this is on the motion to conditionally grant a place of entertainment permit, with a follow up meeting when appropriate to further condition this permit and to make sure that the community out reach has been taken care of. >> and that there is a more detailed security plan. >> and that there is a more detailed security plan. >> more detailed everything. >> yeah, more detailed plan. >> okay. so, on that motion, commissioner perez. >> aye. >> akers. >> aye. >> hyde. >> aye. >> joseph. >> aye. >> lee. >> aye. campagnoli. >> aye. >> tan. >> aye. >> all right. the motion passes, and we will see you in nine months or less. >> the next item is 5 d, cana cuban parlor.

>> so this is gary mitchell is doing business as cana cuban parlor and he is played for a place of entertainment permit and 500 florida street and inherited a history, and they had a lot of problems and their permit was sus spended or revoked? i believe that it was revoked these are the new owners with a new concept and there has been a little bit of a rocky start because they were not aware that they were supposed to have a place of entertainment permit and have a successful version of this concept in oakland. and so they had held several events before doing any out reach or speaking with the entertainment commission and they have stopped the entertainment and they have a community meeting last night. they are interesting until 9 or 10 and two a.m. a couple of nights a month, officer parker for mission station has provided some police conditions

which you should have in your binder and with that, here is the attorney, but also, gary mitchell. >> mr. president, and commissioners, mark reny and i am here tonight with gary mitchell who is the managing partner of cuban parlor and cafe at 500 florida street. this place as a history both as a whisper across the street this neighborhood, and there was circulo and the neighbors are highly sensitive and we are aware of that. and mr. mitchell, is a 23-year-old worker with the ritz carlton and he is the banquet manager of the half moon bay. >> and handed out a hand-out. let's see i have my copy here still. yes.

>> and this has the members of the mission creek merchant's association and this is a letter of recommendation and we reached out to them and this space is also known as this was the old arto theater and rod really has written a letter of recommendation which you have in the packet and also, is a number of probably over 100 signatures, of support, and community support. and there is some yellow sheets in the package that deal with electrical fire and building and everything in red has already been done and we are waiting on a few minutes and we have to replace the sprinkler heads and we have an elevator issue but we are hoping to have all of that signed off some time in the next several weeks. and in terms of out reach, we have gotten the petition and we have contacted a lot of our

neighbors and we put out a lot of fliers and there was a community meeting schedule for two or three weeks ago and it was canceled not by us at the last moment, but last night we did have a large community meeting at the restaurant with approximately, 25 to 30 people there in an hour and a half and it was very fruitful discussion and we made some certain representations to the neighbors and it is our intention to stick with those. and we have a second community meeting schedule for april the 28th and we are hoping that we can do this on a regular basis, to make sure that we are not being anything but a good neighbor and not intruding on a quiet enjoyment or causing the problems in the neighborhood. and we also work with martin porez, the soup kitchen and we donate the extra food to them and we have been in contact with them about this application. and inspector excuse me, officer parker, has put out

some conditions, and except for number five, we are finding that those conditions and number five we will request that it will be amended to read, and entertainment shall not go past midnight, monday through sunday. and now, typically, and we talked about this with the neighborhood, and we have a party called sunday fun day, which is a salsa event and it starts after the sunday brunch and it runs from approximately 3:00 to 9:30 and everybody is out and gone by 10. and we also would like to have live or a live salsa trio every saturday night at dinner. and this will be fairly low volume because the people want to eat. and other than that, there is our intention to go to no more than two corporate events and they also will be over by midnight. and now, you should have an amended security plan and there

are typos and i got this a day before we had to submit and it was an amended plan that will say amended at the top, and we one of the things that we have been looking at is how do we minimize the community issue, and you know, really reach out to the community and show that we are not circling and we are not whisper. and we have been in contact with calvin whilely who is the local sfpd patrol officer. we are going to book them on sunday and anything that go late, we will have patrol. >> and we are going to do sound and keeping the doors closed during the hours of entertainment and we will have the signage at the front door and also dj announcements that this is a residential neighborhood and please respect our neighborhood.

and if you know this florida street it looks pretty disso late but there is a lot of large buildings tucked away including ours which is a square city block filled with the studio and the long time residents. >> there, we also intend to have with our security staff interaction with each departing guest asking that they keep their voices low so as not to disturb the residential neighborhood. and so, mr., we have i am sorry. mr. mitchell can answer any questions that you might have. and we would request a conditional grant on this tonight. >> commissioner joseph and hide. >> you have been operating in okay oakland? >> i joined it four months ago

and so, and so it requires the entertainment permits. >> and that i am not aware of. >> your partners are aware that oakland requires entertainment permits? >> from my understanding, that they don't believe that oakland requires it. >> they have been operating in oakland without an entertainment permit. >> i can't speak to that. >> i find that hard to believe. >> for me, i believe that when people open the business they have to be aware of what that business requires. health department, permits, building permits, and entertainment permits. and so, operating without an entertainment permit, is just offensive to this commission and i just wanted to put that out there straight away. and i have a couple of other questions, you submitted there is not a address how do i know that these people don't live in

montana >> we have got all of those names and either come through the restaurant or to the restaurant, that maybe could look at the menu and we spoke to them on the... >> if i live in merin and come to the restaurant and i am allowed to sign a petition to effect the neighborhood that you are operating in? >> we do not have a sound system, it is part of the plan and also getting the buffers put in to absorb the sound. >> if they brought in a speaker

stack as big as me, what would you do. >> i would say with the minimum that you need, in the restaurant you don't need a system like that, if they came in with a system like that, they do not understand what we are trying to do. so it is my job to make sure that they make sure that they understand that and so i will not allow them to play with a system like that. >> do you intend to get a sound system. >> that is not my expertise i would go to someone that maybe is a dj or is familiar with the sound system and found out what is the best system, equally do that with the sound proofing, and to get someone in there that that is their expertise, and say, what is this or how can i minimize the sound and still have the effect that we are shooting for, but, still, make sure that what goes out of the building is minimal.

>> and so, what is your expertise, i feel like i am putting you on the spot with a bunch of stuff that you can't answer. >> i am hospitality. >> what does that mean? >> i take care of the guests that come into the restaurant anywhere from the food, and the atmosphere and the service and all that have is what i do. >> so you are not proficient in bar or food or entertainment. >> i am proficient in bar and food. >> okay. >> and you are not proficient in entertainment and yet your partner said that when you come to the entertainment commission you would be the right person to answer the questions. >> i came... i am the one here because when i was at the restaurant this gentleman came in and came in with a clipboard and i approached him and talked to him about who he was and introduced myself and told me that he was with the commission and all right, so i immediately text my partner and someone

came in from the entertainment commission, is this something that we need to be doing what is going on here? >> and then, two weeks of that conversation i was in the commission's office applying for a license. >> okay. >> thank you. very much. >> commissioner hyde? >> so, you happen to mention something that you said, you had them coming in on saturdays and so you were acting without a license. >> and then you did the community out reach yesterday. and but you had been applying and you said that after you had seen our staff, two weeks later, you had come in here, and i am just wondering, can you tell me what our community out reach policy states? >> so honestly, i have read a lot of things in the last couple of weeks to make sure that i am abreast of everything and i know that we need to

reach out to the community, i honestly, after that initial... >> so, what is your biggest problem right now with your license and proving forward, would you say? >> the community. >> so, where would you start in that was your biggest problem? >> with the community. >> which i tried to do, several weeks ago. >> how would you do that, maybe learning what the out reach policy is that comes along with the permit application? >> yes. yes. >> and then, other than that, and since you did not know what else, and you had this meeting and could you tell me what happened at this meeting yesterday? >> well, initially, we had obviously some appetizers and we introduced ourselves to everyone and we talked for a little bit and we started the meeting and then all that i did was really just field questions, as to what their

concerns were and what our focus is and what we are trying to do and just, let them know that we are part of the community. and i admit and really at this point i can't take it back and i can just give you, that here, is this and this is what we are, we are a cuban restaurant that has a sunday fun day, every sunday, and that we will occasionally allow, groups to rent the space out, for a private event. >> and it will be few and far between. >> so, and then, while you are talking about sunday fun day, what exactly is a sunday fun day? >> well, it is for us is having a day party, it is literally allowing the ladies and gentlemen to come out at 4:00 in the afternoon and have fun until nine and go home at a reasonable hour be able to get some rest and get the work next

day. >> doing the specials? >> we do have, very special drinks. >> and i mean that there is a drink special that day? >> sometimes there is our bartenders will create something with rum that i heard about a bottomless memosas. >> that ends at 3:00 and that is not a part of the sunday fun day. >> i just want to say that i have never ever heard of a bar that serves bottomless memosas there is a place that is now a sports bar in the castro, because when they were serving them, the neighbors could not take it because the people were leaving there and throwing up all over the neighborhood i am just going to tell you like if you are really thinking about integrating with the neighborhood, that possibly you

should think about beyond what you want to do, and what the situation is in that neighborhood and how your actions would impact that neighborhood. and personally, just from the history that we have heard up until now, i am not really, feeling that that was taken into consideration, and my position here, is to integrate into the neighborhood fabric and the neighborhood establishments. >> and i completely understand that. and as i said, that we go about this the absolute correct way? >> no. i got a name a couple of weeks ago and i called a gentleman and i thought that we had a meeting set sxup then it was canceled which i understand because it was a spur of the moment let's do this and then as the other things came out, i figured and we found out that we need to put up a flier and try to have the meeting, unfortunately it happened the night before we were here. and but again, that is why we end that meeting last night. >> okay. >> and put it into place to do

a monthly meeting. >> so then i wanted to ask you, if you could not set up a meeting, did you look for the neighborhood organizations in that area, that were having meetings of their own. so that you could do the out reach in that way? >> i tried to find out, and i tried to get to find out. >> how did you try to find out >> it was the same out reach with that same gentleman and then there were on that night as well, there were one other, young lady came into the place and i tried and we spoke for about 30 minutes and again, we tried to find. >> do you know what district you are in in san francisco. >> mission. >> the mission district. >> do you know that there is a supervisor's office for that area. >> i know that now. >> did you call the supervisor's office and ask about the community and neighborhood out reach? >> i did not. >> okay. >> thank you. >> so it sounds like your sunday fun day only operates until 9:00 and your attorney actually said that you want the

permit until midnight is there a reason for that. >> to sustain our business and an opportunity to create revenue, we want to be able to rent the building out on any given night that someone wants it up until midnight. again, all of that is done in house and we don't bring in any promoters and we sit with whoever wants to place, and we talked to them about what they want to do and we give the yes, or the no. as to whether it will happen or not. >> and are you familiar at all with our limited live performance permit? >> so you have another permit. >> okay. >> that is a little bit more restrictive and you don't need a sound system but the hours are limited to earlier in the evening and you will have to close by ten or entertainment by ten and it is not saying that you have to do community out reach and you still need to do all of that, but of a different nature and that is something to consider and i know that is not what you are applying for today, if without a speaker system it is hard to

assess your sound issues. and until to even do a noise metering. so there is a challenges with us trying to permit this without all of the kind of pieces together. and commissioner perez. >> i just wondered did you have a conversation with the previous owner of this establishment and kind of get an idea of what you are getting into with the community. >> no. >> i did not. >> and just because you did not, you are not interested, or... >> a lot of this came to my attention after the gentleman from the entertainment commission came in. the ignorance of the law i understand is no excuse. but as i move forward and understand the parameters that we have to work in, i mean, as i said, from the time i left the commission's office a week ago i have been doing a lot of reading and making sure that i am as abreast as i possibly can

on everything that i need to do. and my job, and brought into this is to make sure that everything that we do, is up right, and the way that it should be done, and that is the only way i know so when the things don't happen that way, it really irritates me. so i am doing everything within my power now, and doing the reach out to the community, correctly and trying to rectify to meet once a month and last night giving them my cell phone number and my e-mail and everything that you need to get in touch with me because i have nothing to hide. i don't want you to feel that he are trying to do anything... and so i am trying to do all of that. >> thank you. my other question is could you give us the specific information about your sound and your sound proofing that you plan to do? >> we want to get a sound system put in that is our sound system and then build the

panels, in the roof. now that is just something that i have done research on that i have looked up. is that the best plan? i don't know. bringing in someone that is what they do, is what our intentions is to do. with the sound system, as well as with the panels, so when we look at doing the panels or the sound system, they will have to work together, because it does not make any sense for us to get a sound system and then have the guy come in and put in a panel and say that this is not going to work. >> you have to figure out a way if the noise is emanating outside. >> you said that you will have the smoking area outside. >> yes. >> how are you, containing the noise when people are going in and out smoking in >> any time on a sunday fun day or night events, we do have the night security that do come in and there is one or two security guards always outside and we have put the smoking and someone wants to smoke, to the right of the building.

and away from the residents. and then we have if there is a line to get in, the line is on the other side in our security is always admonishing the ladies and gentlemen either smoking or in line, to drop the noise level. >> what about the noise itself? i mean once the people open the door they want to go smoking, so how will you insure that the noise will not be you know, emanating outside? >> yeah, we don't allow anyone to stand in the doorway with the door open. we make sure that the door does not remain open. >> let's try to wrap up the commissioner comments. >> and with all due respect, it just seems to me that a knowledgeable business person or a person wanting to protect their investment will invest gate what they need to do in order to have a business. any business. shoe, store, restaurant

nightclub, any business, that is what i think that a person who, if that is a person who do. i am so uncomfortable with the fact, and i am an industry rep, i am so uncomfortable with the fact that your answers are primarily i don't know, i am not aware, i don't know, i am not aware. it makes me feel like you may be a public safety problem. and i just, i just don't know how i can vote for a permit, when most of the answers are i don't know, i don't know, i don't know. and you just mentioned something when commissioner perez talked to you about the sound panel that is something to say that i don't know. i just am so, and i have never, i want you to know that you are the first person that i have ever said this to, i have been on this commission eleven years in june and i have never said this before, i am so

uncomfortable with your i don't know and i feel like your other partners who have been operating before you came on board, should be here to answer those questions if you had just came on board and truly don't know. so i feel really uncomfortable with this. and i just wanted to say that. >> commissioner campagnoli. >> i agree with the commissioner and i am uncomfortable with it as well, and i would like to know, are you a vested owner this business. >> yes, ma'am. >> and you have two partners. >> yes, ma'am. >> why are they not listed on the application. again, i moved in and i am

telling you i don't know to things that i don't want to make-up stories and lie to you about, and the fact is that i don't know, but with that, i say to you, i will still send out and make sure that those things get done. i understand that you are saying that i did not do enough out reach to make sure that the community was involved in what you were doing and trying for be successful and absolutely not in terms of being, a, a risk to the public. and so,... >> may i ask you one more thing, who is named on the abc license >> it is esus spears. >> okay, and he is with the department. >> and he operates the oakland

location? >> yes, ma'am. >> and he will not be on the premises in san francisco. >> and he will occasionally be there. >> okay. >> occasionally. >> but primarily i will be there. >> i am going to limit the public comment to two minutes and, we have a packed house here and so thank you. thank you. >> it has been so long. >> and it has. >> it is april fools. >> and i want to thank you, because you have addressed many of my concerns in my questions, however, since i did take the time to write a whole page

speech type single space, i am going to continue and reiterate the things that you have already said and so bear with me. >> last week, at a meeting, with myself, that i have coordinated with mr. mitchell, the lu and the directors and cami and josyln. and mr. mitchell did the same thing that he did tonight, exactly. and he put in ignorance and i am not buying it for somebody as he pointed out his normal business experience of 23 years, and in the industry, and as a banquet coordinator for the ritz karl ton. >> when i asked him if he understand it with the license, he appeared with a blank stair and he was informed that this was and he was informed that this was the liquor license. and i said, do you know what your 47 is. >> and he looked at me and said that is your liquor license.