way to notify the police, or someone about that. and also, on number 1 1, i would like to strike the words, up for 30 days. >> yes. >> so the... >> oh, and so i mean. >> okay. >> after the... >> i was thinking on the, no party buses without the notification of the sfpd. and or of the commission station. >> yeah, again, you are missing her point. >> what happens if an unsolicited party bus shows up? >> then they should turn it away and send it because they are not allowed to accept it. >> this is very difficult, and for a number of reasons, but i guess that more, i am sorry this is dragging on so long, but, the question of whether reality of that party bus industry, and relates in any way to the permit that you are considering, given the time frames that we are talking about and the number of days

and the kind of events that they are doing, as far as i am concerned, the party buses typically do not begin to arrive and the night clubs until ten p.m. and this is not the situation where the issue came up and it may have been those parties that were done without permits. that... i don't know, i don't want to belabor the point but i think that you should consider whether it is something that we revisit if in fact it begins to be a problem. >> fair enough. >> and we have not banned the party buses but we could do an out right ban and that has never been the case. i think that the intent is to discourage them and i think that you hear it loud and clear, don't accept them. whether we put that in the permit is another question. >> okay. >> let me just tell you what amend i accept for the collarfy of the record. >> for the clarity of the audience you might read them

and take the time into the record and oppose to mentioning numbers conditions and i don't believe that everyone in the audience has that you sent you. >> i will do that. >> i got one. >> okay. >> you do? >> okay, so let's see if it is friendly. go ahead and say it. >> so since there is really no sound system in the facility, and there is sunday afternoon party ts and it is pretty much a weekly thing going on. >> they said that they had 300 watt sound system in the facility. >> i still believe that at least one sound check for that party is due. and something set so that they have future djs come in, and they know what the deal is. >> that is fine, but that should not be a condition. that should be a process that the staff goes through. >> okay. >> that there is a sound check. you can direct the staff do a sound check of the sunday fun

day but it is not a condition of the permit. >> whatever the first day that they have a dj to that i can that sound check >> that is a direction to the staff. >> okay. >> do sound checks come with all of the limited live permits. >> not with limited live, just with a place of entertainment. >> okay. >> so, and the motion to repeat, my motion is to approve. with the following conditions. one, applicant should be responsible for... let me begin again, the motion is to approve with the following conditions, the 13 conditions of the good neighbor policy of the entertainment commission. and the police conditions that include, 1, applicant shall be responsible for compliance with periodically checking for audible noise from the venue to insure compliance with the article, 29 of the police code. and two, the sound complaints are received and delivered by

the san francisco police department, the applicant shall agree to turn down the sound level to an acceptable level agreed upon by the san francisco police department. >> number three, is struck. >> the entertainment commission. >> sorry by the entertainment commission. you are correct. i didn't make that note. you are correct. and number three, is struck. number four, applicant is responsible for maintaining sufficient event staffing, to insure safe and orderly events and minimize the impact on sfpd resources and minimum of 1, guard carded security person to every 50 patrons shalling during all schedule performances. five, security must wear the clothing that has a logo of cana or it must state security staff so that they are distinguishable from patrons of the venue. 6, applicant will e-mail

mission state permit officer a calendar of all events. 7, management shall enforce anti-loitering provisions of san francisco municipal police cold 121 and cooperate with the san francisco police department regarding enforcement actions, 8, entertainment shall not go past 10 p.m., monday through sunday. >> i think that you are just striking 8. >> and i am not striking 8. >> entertainment shall not..., that is our permit. >> so we don't... we are striking 8 and just being consistent with the permit. >> 9, windows and exit doors are to remain closed during times of entertainment. thank you for that. >> there shall be no entertainment or speakers in any outside space occupied or utilized by cana. eleven, the petitioner shall utilize electronic video equipment that records the

exterior of the premises whenever the privilege of the permit is being exercised, the recording shall be preserved for a minimum of 30 days, 12, the management is to notified the police if any incident occurred inside or in the vicinity of the venue. >> 100 feet. >> that comes later. >> oh, if there is an incident in the venue, or within 100 feet of the vicinity of the venue, the security must document the incident in addition to calling the police. >> 13. security is never allowed two parties that have been altercation inside of the venue to leave the venue at the same time. >> that is your motion. >> there is a second >> that is my motion. >> i would like to second that. >> great. >> and just add the comment that you know really the past is the past, the war is over, the space needs to be

revitalized so i hope that we all move forward with that now. >> all right. any more questions or comments? >> let's take this to a vote. >> on that motion, do i need to repeat that whole thing. >> no. >> commissioner akers? >> aye. >> hyde. >> aye. >> joseph. >> aye >> lee. >> aye >> tan >> aye. >> the motion passes. >> good luck to you. >> thank you. >> no party buses. >> please, one of the good neighbor policies is to make your phone number working or a cell phone number and share that with your neighbors. >> thank you very much. >> we will move on. to 6 g. sf jazz fell street. >> all right, this is a loud speaker permit. normally we do this administratively and because the sf jazz event will go until 11:30 we would like and brought it to the commission just because it is going to be outdoor and sound very late and

so here is julio. >> hi. >> hello. >> well, we are going to change the time now, because i am sorry, yeah. we are going to be changing every. >> what is it now? >> it is going to be at ten. >> sorry. >> noon to ten p.m. >> yes. >> okay. >> make a motion. and >> and it can go to the office. >> make a motion to approve. >> okay. >> you do that. >> public comment. >> okay. >> public comment. >> thank you. >> public comment on ssf, jazz street fair or anniversary? >> i don't see any, and let's public comment is closed. >> make a motion to approve. >> second. >> and same house same call.

>> aye. >> hear hear. thank you for changing the time on that. >> now we are going to back to item 5 the review and possible action to regarding the applications for permits under for club atmosphere. thank you for waiting patiently. i think that you vai presentation for us? >> yes. unfortunately, some video got erased off of my usb from when the commission was trying to... >> and i don't know if we can retest. >> you need to speak into the microphone >> i don't know if we can test to see if i put the computer under your projecter. >> you can try. >> see if it works. >> you can try. >> yeah that works. >> i can hold it there. >> okay. you can introduce yourself and yes.

>> my name is bennett montoya and i am one of the managing members and owners of atmosphere. start off, i believe, i gave just a little bit of an outline. and of what i will be going over with. and i wanted to point out the first topic which is police reports and cab reports, and atmosphere reports, and sis, the security intelligence specialist team that walks the street. and basically i am going over the sfpd's reports and atmosphere's reports so that we can kind of see the whole picture of everything that is going on. >> could i ask you a question before you get into it? >> yes. >> how long is the presentation? >> i would guess, with not too much feedback, back and forth, 20 minutes. >> so, i need to ask you a question, before you begin, i

mean that you can do your presentation and start, but here is the deal, how long have you had atmosphere. >> five plus years. >> how long have you been before us for correction actions? how manies time? >> this is the first time. >> i mean, i don't know that it is the first time. we have had discussions with you about stuff that goes on atmosphere. >> i don't mean in front of the commission, i mean in general, atmosphere has had troubles and you, i have got to say that i think that you have tried really hard. and that you have done a really good job. and so my question for you is, lately, there has been more and more incidents and there was an incident on april 26th rkts what is going on, what is happening in your venue, that is different from when it was not having indents all of the time? is it your programming? has your staff changed? do you not go during the weekends, what is the story, what is going on. >> i am there every weekend. >> okay. so what is different?

why is this happening? >> if i could go over some of the reports that i guess that some of them, that >> sure. >> are reported as huge fights and some video that i could show. and i guess, that it could maybe bring a little. >> but, i am just want to say that if it is not a fight, say that it is a small fight, it is still a fight. >> yes, it is. >> what is going on is my question to you. and going over your discrepancy and what you have to say and what the police have to say does not change the fact that something happened. so something did happen and whether it is a big fight, with 20 people or a little fight with two people it is still happening over and over again and nobody wants you to succeed more than the staff of this commission, and you have tried hard to work with you and i know that the officers have tried to work with you and so my question remains, what is different? what is going on?

>> let's see the presentation. >> i want to see the presentation before he answers that question. >> i would like to too. >> yeah. >> all right. >> just know that is why we brought you in here today is because of these repeated incidents over the months that we keep hearing about, and we hear the police side and i am glad that you are here. >> the timing of it and maybe if you could keep it under ten minutes, and there will be back and forth, but for your part, if you could do that. >> maybe if i could just breeze through. >> yeah. >> in regards to march second, cab report, 1404621, sfpd reported a fight in atmosphere and spilled out into the street, while the fight was abaited quickly, it is crowd was not managed well, reported 30 to 50 people blocking the walks and the people involved in the fight were on a party bus. i was personally involved in

this. our report is three females got in line to enter and were denied entry, and they argued with the door man for about ten i would say 8 minutes on the video, and the patrons started arguing with the patrons in the smoking section which is to the left and in this smoking section there was a bachelorette party, waiting for the bus to get picked up and over into the right and to the roll in alley there was another bus from 21, waiting to get picked up. the three female intoxicated patrons that got denied started drawing at the patrons in the smoking section and it got, there is a barricade in between and there is no, and there was not a huge fight that spilled out into the street, and it got, quickly abaited, as the

officers stated. and party bus pulled up and they left and got on. and although there were people involved in the party bus, and i think that sometimes that there is blame on party buses and that is a whole other story. and but the 39 case which is one that is huge with i am still trying to understand what is going on in 14020144. the police sfpd reports the huge fight at at moss fear and spilled into the street, with the patrons taking off their shirts and fighting the police officers and also reported that they came on a party bus. now, which is so interesting about this is i have no incident reports from that night, i am there, and i talked to my security, and i reviewed our videotapes from in front of the club that also, that you will see later gets pretty much at the street as well. and we cannot find anything on that.

and as far as sis, they do report, that there was a fight down on montgomery street and one large parking lot in between atmosphere and montgomery and so there is, yes, there are things that are happening but i do want to go over these things and if there is a report saying that there is a huge fight coming out of my place, and i can't find any video footage of it, and my guards are not giving me any incidents reports i think that there is a huge issue that communication gap that we need to figure out between sfpd and myself, and sis, and i am more than willing to work on that. saint patrick's day, there was an issue on 3, 13, 14, a huge fight that happened inside of atmosphere with a bash lor party on a party bus and an ambulance came. >> they were patrons of atmosphere and we are not sure how many exactly were in the party but at least ten. one of the males got cut off by

the bar tener and did not take it too well and he cursed at the female bartender serving the drinks and not the best words and two security guards stepped in and asked him to leave, and while the friends were trying to help out and while being escorted out, he pumped into a patron at the front door and pushed him to get him out of the way, from there a security tried to detain the aggressor and fell and hit his head and bleeding and needed attention, this group was not a schedule bus and reported as a party bus. and we don't take bachelor parties, on buses after doing the research with the fellow employee, that we share the neighboring strip club, the buses go to a neighboring strip club and then to atmosphere there is a bus company that markets this right now that we don't work with that i am trying to figure out a way to address with them.

3, 21, sfpd reports the service and an allye, next to atmosphere of two unrulely males knocking over garage cans and being loud were attacked on broad way and montgomery, two males walked into the alley and did not get in line and went back behind the cans to urinate and we deal with that a lot. the security guards stopped them and started to yell at them and they were not patrons and did not enter the club. 3, 22, sfpd reports numerous fights from atmosphere, in front of atmosphere. and i have two incidents that are brought to my attention with my reports, and the first incident which i have video of is up to there are two males that were denied entry and asked numerous times to leave and they did not and sfpd tried to arrest the two suspects and i have video for this if you guys would like to take a look at it real quick.

>> did you call sfpd for this or were they just there. >> fortunately for us there is usually about three or four sfpd. >> okay. >> right in front at all times. >> okay. >> lower? >> put it flat. >> fast forward a little bit and i can basically tell you what is going on from our reports, these patrons were denied entry out of the dress code and went back to the car to change. and our guards from there, decided not to let them in due

to attitude issues, and so they, ended up, this video is 8 minutes, but this went on for at least 15. i would say. and i could fast forward through here, if you would like. and they later on, are hanging around and eventually, the police officers they just get tired of them and then they tried to arrest them. i will bring it all the way up to here. >> they are now down the street over here. they did try to sit on the officer's car.

we closed the smoking section because a lot of people are trying to video tape and it became an ordeal and i can stop this and move to the next one. and so this is getting reported as the huge fights coming from atmosphere. and the second one was another incident with a female patron that claimed the security guard looked over the bathroom stall while she was using a restaurant and was in the stall and asked if they were okay with no response, she wanted to speak to the management about what happened. sle was arrested. >> i am sorry, could you start over on that. >> sure. >> what happened in the bathroom. >> sure. >> i got lost.

>> she was claiming basically... when is this date. >> the same day, 3-sorry. 3-22. the same day. and so, basically what happened is that there is two females patrons in one stall, whenever that happens, a bathroom attendant radios security guard. and one to make sure that they are okay. and two to make sure that they are not doing anything that they are not supposed to be doing and so that happened. the first guard on the scene, knocked and asked which was a male guard. and then, he radioed for our female guard to come and, she peaked over and asked them if they were okay and to come out. so from there, they wanted to complain and wanted to talk to the management and i personally talked to them and, finally it was becoming a pretty big ordeal.

>> what was her complaint. >> that the security guard looked over and saw her using the rest room. >> got her outside, to show you the video of that and she was there complaining. and she wanted to report, and i told her everything and what happened. and how to do that and she did not want to leave, the police officers arrested her. and there was no fight, but then again she did not want to leave, i have the video tape of that. and we can move on. 3-299--14. a fight that happened inside of atmosphere and all subjects were ejected and caused a disturbance on the sidewalk and the subjects on the police report on the fighting and a missing cell phone. >> our report, one was ejected for dress code issues with his pants and asked by the staff to pull his pants up and he left cooperatively with two guards, as he was escorted outside.

and after about 15 minutes, he asked to speak to the management about a cell phone being taken, and from him by the security guards. and i spoke to him and then spoke to the guards that escorted him out and they both said that they did not take his phone and didn't have to physically touch him when they escorted him out and check the cameras and viewed the escort out and we did not take his phone and went back inside to look for his phone, he kept on arguing with us and said that he is going to do a police report and we flagged down a police officer, with the help of sis so that he could do a report and he then, made it out to the front and being very loud to the police officers, and sergeant then came over and told us that we have to get rid of everything and informed him that the officers were dealing with the police rment and once again, there was no fight. and but, it is, being reported as multiple fights, coming out of atmosphere. >> so, i mean, that i don't mean to stop you, but i am kind of getting the idea, like have

you? >> yeah. >> so, just so that you know, i understand how hard it is to run a club, especially when you have drunk people who when we are drunk are not kissy hugy but baligerent instead and i get that stuff happens. for sure. and i think you can showed a great deal of it over the years of owning this club because you have really documented your stuff. that is really interesting. >> okay. commissioner? >> so, i just want to make sure that you know, like the reason that i asked for you to come here was not really to create, you know, issues or whatever. it is just that every time that we are here, we hear, reports. so i thought that it was very important to hear from you also, because we should know both sides of the story. right? >> so, i appreciate you having all of that documented. and for the first time ever i am in support of video. >> that is good. >> and so, i just want to see

if there is not some way that we can somehow work on something. i know that like you accept the party bus and that they are apt to be reported to the police stations so that they know who is coming in and basically like that. is there a place where on the street, where there is a stop where people can go and be picked up or for the party buses? because i have a feeling that that is part of the problem, or, is there a separate area inside the club, where people could be held until their bus arrives, because, i feel like that is a very small section outside on the sidewalk. which i think is one of the problems. and yet, you have this smoking there, and you have the line to get in there. and i was wondering is there nao way to maybe, work on keeping the party bus, people,

somewhere? >> how the party buses work and i was actually a part of coming up with the protocols with everyone. the issue is good operating party buses and bad operating party bus and we work with four party bus and there are reasons why we work with those four because they follow the protocols, and they bring us the clientele that we want, and they run their business right. as far as the protocols go, i report to the captain, and in the e-mail that lists the party bus company, and how many patrons are going to be on it and they have to come from ten p.m. to 11 p.m. and are dropped off in the front. the reason why we want them to be dropped off in the front is so that we can quickly get them inside and we can get them and have them leave quickly, when

they are leave the venue. and another issue was when we are having the party buses dropped off down the street, groups of people sometimes there is morris yous that could happen, and there is also they have been on a bus for a while. >> so i just want to stop you there, because that problem is already happening because you told me that a party bus that was dropped off at strip clubs down the street came to your club and caused a problem because you would not accept them. >> so i am wondering, how does that fit in to this then? if you are not accepting those party bus and they are getting into your club any way. >> it is hard to figure out when it is a small group, when they are walk up and this is the reason why we have these protocols which actually the past couple of weeks, the sfpd has been really helping out with these rogue party bus sos when these buses that don't stop in front of atmosphere and get a permit put on the front of the wind shield by us and

they get dropped off down the street and they are actually and the captain meeting we have been discussing this they are pushing those rogue buses and stopping them and so the past couple of weeks has been helpful of that. unfortunately sometimes it is hard when small group comes up and not knowing that they are on a party bus, but where whether is a big group. >> you did know that they were from a party bus, eventually. wouldn't it be great to have a stop where the party bus is dropped off close to atmosphere, but i am trying to find ways to avoid these fights. and these problems. and then i wanted to ask you about bottle service. >> yes. >> could you just describe what you do with your bottle service and how it is run? >> sure. so, we have about four bottle service sections each table is met with a vip host at the beginning of the night or

prearranged and in our incidents or in our case, we actually have a higher patron minimum per bottle than most venues which is ten. and because, it is easier for us to monitor how much someone is drinking with the bottle service, and each table has their own server. and that serves them their drinks, and if the table wants to go dance on the dance floor, and they give their bottle to the server and they bring it behind the bar and hold on to it and each section in our venue, has or is roped off, and the table service for the patrons that have the table service, have a wrist band and can only get into that section with the wrist band and each section has a security guard that is stationed. >> do you ever let the patron serve themselves? >> it is hard to say as far as if they o