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. >> and mr. mitchell did not

have a greater understanding of what prijs and restrictions holds. i asked him about the numerous club references in the security plan that he submitted to the entertainment commission and it is a restaurant that is my confusion to the references. and submitted just the other day and amended and the security plan that deleted all of the club references to the restaurants. and that is a similar, plan, and there is a typo. and it will monitor the street and in that security plan and it is sort of in the street and not the fillmore. it is nowhere near not even in

the district. >> he advised that no

entertainment can be held until it is issued. in the police code, mr. mitchell decided that it was better business to hold unpermitted events on march second, 16th and 23rd than to abide by the law he stated to us that he had to make a business decision he has been holding these events since june, sunday fun day every sunday give or take one. i am concerned that this is the kind of business that we can expect. and i have been working in the capacity of mission station permit officer for two years. and in that time, commission has never asked for the denial of a permit and only has questioned the qualifications as llps and tonight, if you grant this permit, i hope that you do so with the resolve to enforce the conditions and hold it accountable for the violations for the permit and i

was wondering if i could use this thing? >> i think that they turn it on from the other room. >> have you to put something on it. >> i am going to put something on it. >> and you are calling. >> what do you have to do? >> oh, is that warming up? >> so. this is, the injury and the picture and talk into the microphone, and this is the interior that he set up beautifully with the restaurant with table and chairs and table clothes and this is march 23rd.

sunday, fun day and i have seen no tables and i see no chairs and i can scarcely see that i see the food sales and this was a decision that mr. mitchell made, after he was advised that he could not have entertainment >> what is the capacity? >> 225 standing. >> my question to you, and to you. >> i dig and i look for things and i try to inform myself so i don't make a fool of myself when i come up here and i found

out and i got a copy of the lease agreement for it, and the leaseholders are called, real, and real restaurants. and as in sosolito and in the lease agreement, which i have before me and you may have if you wish, it states, agreed use, the premise should be used and occupied as a restaurant for a full service bar and for no other purpose, it shall nod be used in any other manner that interferes with the quiet enjoyment of the neighborhood or the adjoining bakery business, they shall sees all business operations by 12 a.m.. and seize all business, the failure to close, by this time will constitute a default. and it reads and it is a little bit, and it is short but it is a little bit, wordy for law language, and but, i will explain that it was explained

to me. the sublease agrees that the violation specified in 6.1 will cause harm to the subleasor that cannot be remediated by an action of law for money damages. and sublet's will be entitled as a matter of right to injunction from any court of jurisdiction and restraining, any violation, and they have said that they have already been by the subleasor and they are not interested in monetary damages and you violate it again and you are out and i spoke to scott gelespi e who is the man in charge of this lease. and he has made it very clear to me that they have been poor tenants and they are interested in the tom foolry, and so i am done. >> do you know if they are getting evicted. >> if they are in violation of this lease agreement and that means of the food, beverage

served after midnight and the doors opened after midnight and they are done in that and they don't want to sue and settle again. >> thank you. >> and so, take it that you don't want any of these conditions on this permit? >> no. >> you don't... >> like it to be denied. >> and number five was taking into consideration, there was a tremendous out reach from the neighborhood to me, and i took into consideration their needs and i was trying to put together something that would work for the neighborhood, but, given the toet totality of everything i don't think that they are going to be responsible. >> cami, do you know whether the entertainment commission, because i thought that i knew this but i think that i forgot, whether the entertainment commission is required to abide by some private civil contract between the person applying for the permit and their landlord?

i mean, would we be prohibited. and do you know the answer? >> i know that in the circumstances the entertainment commission does not get involved in the landlord tenant situations. >> when i spoke to him he said that regardless of what the entertainment permit states is that they are going to deal with it separately, on their terms. fill one out if you plan to speak, and could i just do a quick show of hands, how many of you here are speaking in opposition to this permit? >> okay. >> and how many people are here in favor of this permit? >> a few people. all right. >> and so, if you feel like the

person before you has said that what you stated, we are trying to keep it here and i think that you understand sort of you may understand where we are coming from. >> so i am going to first call up wendy gill more and robert paxton and then dina corilo. excuse me. so the first is wendy gill more and the limit is one minute. >> okay i got it right here. >> thank you. >> hello commissioners, nice to see everybody. i basically wanted to just state that there are several false and incomplete information that submitted with this application. and my biggest concern is with the sound, and that was mentioned on page 3 that sound proofing had been done five years ago, is what it is stated

however, that sound proofing was removed. and the sound proofing that circulo installed was removed when they moved in and so the windows are opened and it is going to be hard. and the other was there is no metered parking on the streets and that is not true on page 4 and five and then finally the out reach, basically the picture i want to use that little thing too. and this is how the first and this is the way that the permit was posted. when we first got wind of it. you can't read what is posted or requested. and so, it is i am in favor of denying it. >> thank you. >> if i called your name please go ahead and line up and we will te on the folks immediately after, if you are first bell that means that you have 30 seconds left, robert, >> hi, i am robert and thank you for hearing me and i want to say that all of your good neighbor sheet about what to do, they didn't do any of it, there was absolutely zero out

reach, other than immediately across the street we were really pailed by them and we don't want it to happen again and, two and a half or a week and a half ago they had one of their sunday fun days where they had a chance to show us that they could do it right it was a disaster. people peeing, drunks all over the neighborhood, all kinds of stuff *. and it was just awful, and last night i went to the meeting and they said that we are going to do it right and they are saying trust us, and i see no reason to do so. thank you. >> thank you. >> and dena, and then beso, and bill mcclelen. >> i am sorry if i pronounce it wrong. >> hi, thanks for listening to us tonight and i am opposed to the granting of the permit and i am opposed because i feel the space is incompatible for a nightclub and the applicants have not done any of the proper out reach, and on the idea of

having salsa and having a fun night and having a place to go, where you can eat and dance, everybody thought, great, we were actually thought that would be really cool. we want a vibrant neighborhood. and what ends up happening in our neighborhood, looks not like a fun, urban environment and it looks like daytona beach spring break that is what it looks like, and we are talking about just streets clogged, and driveway and doughnuts in the middle of the street and side shows. of course the vomit and the pis and all that have happens as well. but it is not the kind of urban neat, cool, fun, entertainment that we are hoping for. it is really something that feels like patrons gone wild and very out of control. >> thank you. >> okeef and karin guest sorry it is hard to read.

>> macelheny. i live on the first floor on the alabama street right around the corner of the location that we are talking about. and because of where i have seen a lot of action, and on march 23rd, i unfortunately witnessed two men, shovel, i presume an intoxicated woman into a car and take her off and i called the police, and but they were too busy. and you know, and this is the kind of thing that i don't want to witness. thank you. >> thank you. >> bill, you are next and then karin quest and susan kutor. >> thank you. good evening. actually i don't know why i am doing this because everybody said pretty much everything that i wanted to say, i felt primarily, that this, that they

have been deceptive about everything that they did and it is so-called a restaurant morping into a club and with all of the bad things that came around from that. and by sunday, it was really a nightmare and it just brought back some very ugly memory to me and i think that this permit should be declined. >> thank you. >> thank you. >> we have ken guest and susan cutor and leo germ ano. >> and don't start yet. >> don't worry. >> i am nervous. thank you for hearing me. okay, i am just going to go random points. gary, i am so sorry, i can't remember his name. >> mr. mitchell said that the buildings are tucked away, that is completely false, we are right there, people have and i live one block away from where the people come and park their

screaming, they are screaming when they go in and they are screaming when they come out. i think and i i think that to expect people to oh, keep your voices down and respect the neighbors, fat chance. also, i phoned twice sunday that was really noisy, and it was so noisy that the woman could not hear me when she answered the phone and i called twice and then i thought that i would call them and call the police but i did try to reach out to the restaurant first. hello, click. >> thanks. >> thank you. >> susan cutor and leo gurm ano and loxsme. >> susan, and thank you. i just have mixed feelings about it, i obviously i am a neighbor, and my general feeling is fear about what is coming with this and i

initially very happy to have a new business there, and enjoy it and hearing the music for my person and i am right away the street and a couple of windows down and it has only been, you know, the more recent months when the, i forget the exactly how it was worded but the rentals into the things outside of the normal, activity, and food and music. and it would bring another element. and i have literally have had a bullet through my window on the ground floor, and i have experienced people getting beaten on the other side of my window and things that really scare me and i had not experienced that up until the recent months because the other elements have returned and so you know, i wish that it could work the way that it is intended or could be intended. >> thank you. >> leo and lox and then

jennifer ewing. >> and good evening, commissioners. i am leo, and i live at developing environments and i am on the management board there, and i have taken quite a few photographs over the years of the upsets in the neighborhood. and i don't want to go through another five years of waiting for somebody to do something. to remove clubs that are sticking it to us every weekend. and i have to say that i am the person that called gary mitchell first because i wanted to know what was going on and it was on my own. and i didn't want to cross up with my neighbors by calling a public meeting. it was a personal thing, and i had to cancel it because i didn't want to give them the gift of community out reach without them doing anything. and i think that mitchell's intentions are good, i would like a good neighbor, and i want to be a good neighbor to

them and i even at that meeting, i asked him if he would cooperate with the neighbors, and with the coalition of neighbors, and business people to resolve what we need to do to have or to have the neighbors one to each other, and he nodded in agreement, of courser he would, well, of course he would. >> thank you. >> yes. >> and but, your time is up. >> thank you. >> and lox sme and jennifer ewing and tony williams. >> the situation has become in the restaurant and it is closed and i think that and i doubt that they will be able to have much control and it will be intoxicated with the alcohol

and music and dance and then lurking on any of the areas of the street. and so it comes after the fact. and so, in the meanwhile, the residents get woken up with the behavior the people and this is after the restaurant has closed and continue on with the fun mood and the likelihood of that turning into that and so that is my concern. >> thank you. >> jennifer ewing and tony and john. and if there is anyone else that wants to speak, please line up after that. >> good evening, everyone, thank you, and we are very special neighborhood as we can get any idea from the out pouring, and we are all very concerned and it does look like it is deserted buildings in a way and we have the big buildings that sometimes the people read them wrong and many, many times we have been yelling out of the window at 2:30 in the morning, go home, go home and there is many sleepless nights and i agree with all of the comments that have been said before me, and but i just want to say that we

do have a special neighborhood that is in balance and this is going to effect the balance in a very critical way, thank you. >> thank you. >> and tony, williams and john, thank you, commissioners. >> and first of all, as i would like to address mr. hyde's issue with the out reach, and they have been doing the out reach for every the month and a half now, with martin dupors. >> and could you speak into the microphone. >> over on patrero and this is something that we just started and unfortunately, gary got involved in the situation that he came in and he just recently came into this situation, and he is unfortunately getting... the brunt of it. but i do want to say that we do have all intentions and purposes of reaching out to the community and being very community friendly unfortunately we got a bad corner and i am well aware of what went on there with curculo

and all of the problems that we had there and we honestly feel like we can come in and be 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 likeo 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