through the plant. a lot of people don't realize how much work sgo goes into cleaning the water were. we offer free service to san >> quaod good morning, everyone, and welcome to the thursday, june 19th, 2014, meeting of the board of supervisors neighbor services and safety committee. my name is david campos and i am the chair of the committee and we are joined by committee vice chair, supervisor eric mar as well as member, norman yee, and the clerk is evans and we

would like to thank sfgtv for covering the meeting, do we have any announcements? >> yes, please be sure to silence all cell phones and electronic devices and complete the speaker cards to be included in the file should be submitted to the clerk, it will be on the july 8th unless otherwise stated. >> could you call item one? >>hearing to consider that the issuance of a type 42 on-sale beer and wine public premises license to larry livingston for the basement, located at 222 hyde street (district 6), will serve the public convenience or necessity of the city and county of san francisco. >> great, and if we could first here from the applicant? for this liquor license. and is it larry living ston? >> go ahead. >> good morning, my name is larry, and i am here for abc 42 type of beer and wine licenses and we like to operate a beer and wine bar at 222 hyde street.

222 hyde street has been a bar since 1930s and was served there for the bars and the vip room. and i reached out to the community meetings, and to the tender loin supervisor captain and abc liaison, the officer, for several months. and well, i believe that the business will serve the neighborhood and so, yeah, i am here. >> great, thank you mr. living ston and i know that this is an item that was continued from the february 6th, neighborhood services and safety meeting. >> good morning, supervisors, officer al dwarta with the abc liaison unit, we have had discussions with mr. living ston and supervisor kim's office and the abc regarding

this particular license, we have been in community with david lobos who have been helping them and doing the out reach that he did not do in the get go and we have come to an agreement and i will be submitting a new amended report to the clerk mr. evans once i completed it and i did reach an agreement with living ston at the abc division or excuse me the licensing rep of the department of alcoholic beverage control and we have adjusted the continues to read as follows. condition number one is the sales service and consumption of alcoholic beverages shall be permitted between the hours 6:00 a.m. to 12 a.m., that is midnight, sunday through wednesday. and 6:00 a.m., to 2:00 a.m. on thursday through saturday. and excuse me, number two, noise shall not be audible beyond the area under the

control of the licensee, on this form that was provided by the abc, loitering is defined to stand idly about is prohibited adjacent to the sidewalk as depicted on the form provided to abc prior. it is tough for mr. living ston, one because he has a very tough corner to deal with when it comes to loitering, and number two, a parking lot that is adjacent to and he also has the residents living right above and these are three specific conditions that we did not want to adjust only to safe guard the community, supervisor kim's office was made aware of the changes. and without further adieu i invite the comments from the questions or the board. >> does that outline all of the changes that you are recommending? >> this is basically we took approximately 3 or 4 conditions that were sit on it previously

that are governed by the statute any how, the business and the profession codes does that under the kind of license that he has, the type 42, there is no one under 21 is allowed on the premises and the lighting is governed by statute. and some of of the other items that were covered in the original conditions are governed by the statute and so there is no reason to double or duplicate and there were three that we want. >> i know that supervisor kim and the office was the issue of surveillance was important and does that remain in the conditions? >> mr. living ston understand that without putting it on the license he will be reaching the entertainment commission since he wants to provide for a place of entertainment. he will need a permit from them and we infer that this premiss on this local permit rather than a state license. >> thank you, if i may ask mr. living ston to please come on

up again. just want to make sure that there living ston and i want to thank you again for all of the work that you have done since the last time that we heard this item and you are okay with the changes that have been outlined by the police department. >> yes, sir, thank you very much. >> colleagues any questions? okay. and i have one speaker card but any member of the public who would like to speak on this item feel free to come up, sam denison, and just anyone who would like to speak, submitted a card. okay. >> and randy shaw. >> okay. >> good morning, i am sam danison and i am next door to 222. and i have lived through the experience of having a bar right next door and we welcome the living stons and their business, but i do want to also say a couple of things, one is that i am concerned about the 2

a.m. closing, thursday through saturday night. and that is the time of the week when we get a lot of loitering and a lot of activity and next door to the building and i know the kind of problems that can occur. and so one of the things that i would like to do is to say we will be paying attention to those hours between midnight and 2:00 a.m. and looking to make sure that we have got some kind of control on the loit ering. >> and there are people that are attracted to the edgier side of things. >> we want to pay attention to the noise issue. >> and also into our building as well. and i want to make sure that the living ston stay in communication with us about the noise issues and deal with to a neighborhoodly basis. and sadly they did not reach out to us to talk about this

hearing or the license and i am hoping in the future that it will do so and i want to support and we will take care of the loitering and what happens between midnight and 2 a.m.. >> thank you very much, mr. shaw, my apologies. >> randy shaw, director of tender loin housing clinic and i should start by saying at loitering i get to work at 7:00 a.m. and there is loitering and drug dealing in frnt of that site right now and the vacancy of that site has caused problems and i was glad that this project is moving forward and i came today that prior to hearing about this agreement, my understanding was that captain who is carefully invest gated this operation, to six months and it should be to midnight only, i don't have any personal thoughts and i thought that was the position of the

captain and it was as of yesterday and i thought ha it was the position of supervisor kim's office. if supervisor kim is cool with this change it is fine with me and i want to be clear of where they are in light of this resolution. >> thank you. >> thank you. >> thank you. and is there any other member of the public that would like to. ... >> yes, the police department. >> i am officer torres and i am representing the police station, and mr. shaw is correct in that the captain is recommendation to our alu unit, who represents the police department as a whole has recommended that the license be closing the services of alcohol be closing at midnight for the first six months. and there after, based on their performance, and we can look at it and extend it to 2:00 a.m. and however, because we have to

answer to the chief of police, we refer to whatever the alu units are making thank you. >> thank you. >> and before we hear from the alu is there any other member of the public who has not spoken who would like to speak please come on up. >> and if you don't mind, lining up, on what is our right and your left. please? >> please come on up, yes. >> hi, my name is david, and i am a recycler, and it is one of my primary sources of income and they are going to close the recycling center. >> that is a different item and that is not this one. >> it is not the one that we are talking about right now. >> you have time. >> thank you. >> thank you for being here.

>> thanks. >> my name is hello. my card is here too. my name is michael nolty and i am here representing myself and i was at three of the out reach meetings to the community that was done by mr. living ston, and you know, the community was kind of i thought that we were all on the same page to 12 midnight and again, this seems like another last minute change out in the hallway before the hearing. that everything changes to 2 a.m.. and the community was fine for the first six months because we feel that the owner needs to explain in the neighborhood and the out reach and did not seem to understand or get running a business was going to be like. and in the neighborhood. and he that is the form alliances with the community to understand what it is all about. and i didn't see that really happening in the various

meetings. and it was important that he understand to be a member of the community and work with the community. and reach out to the community and one of the problems that we saw was just an example that his bathrooms are not wheelchair accessible. how could there be a neighborhood bar for that. and so we asked the pertinent questions and we asked him about beautify indicationation and he did not get what that meant and just said that is security and that does not beautify the neighborhood it just pushes them from one side of the neighborhood to the other and so he has not yet installed any security cameras. so i think that he is waiting for these permits to be approved. and when he was doing his out reach, and only about his liquor license and not the

place of entertainment and i was trying to explain that he needs to be talking about his business plan and want to be talking about both. thank you. >> next speaker please. >> hi, my name is jeffrey barkus and i submitted a letter to you earlier, basically the problem that i see is that we just have way too many liquor licenses in the tender loin. and we have had too many grant there and brought there and any other and any way that they can circuvent the law as for to following what the criteria is for having a bar, they are doing it. and that is what is going on now. we have got the people that are protesting liquor license, and we are having them threatened and i myself have had my locks glued inside of my house and i had the pcn requests stuck

under my door and by the different proponents and not in this liquor license in general coming into the area. there is a problem in this neighborhood, that bar has been a problem for some time. i know that occupantcy is important and i keep hearing vibrantcy and i keep hearing that it is bringing all of this foot traffic into the neighborhood and let me tell you about this up scale clientele that is bringing that and i have video that can show them down on their knees and throwing up and vomiting and pising in our doorways, to me that is not a business that this neighborhood really wants. that is not a business that neighborhoods needs. when we spoke to him at the out reach, i have been to three different places, that he came for out reach. and when i would ask him about those things he kind of laughed, well i can't do anything about the people out on the sidewalk. and i said, well they are inside of your establishment and they are coming in and out

of your establishment. well, i have no control over them, what do you want me to do? well, that tells me this is not a person that is very serious about an acting good neighborhood policy. i was under the understanding that they would be closing at midnight. until i walked in here tonight and found out that suddenly, wait a minute we are at 2:00 let me tell you about when the music stops, they go outside. people start smoking and since you have moved smoking outside of bars, people like myself that sleep with oxygen pumped in us for two centimeters were getting that cigarette smoke pumped down our throat and we end up in the hospital so if you think that is cool for the people that have lived there, i just don't think that it is. >> thank you. >> i think that you need to take that into consideration. >> thank you, sir. >> next speaker. >> supervisors, mr. chair, terance allen with the music coalition, and i am not here

representing them but i am here to talk about the process and as you know in the abc liquor license differs from a locally issued permit. a locally issued permit, we can have greater flexibility with regards to modifying conditions and bringing in a licensee, for application, modification. within an abc license, once that abc is granted, the permitee, receiving the license is forbidden from requesting a change to any of the conditions which would include their hours, for one year. and that process by which they would change those conditions is quite involved and lengthy, my recommendation on something like this would be due or referred to the local permitting agency, the entertainment commission which would have greater flexibility and if the community does feel on restricted hours then that will give greater control and nuanced care to how this permit will be managed as it goes forward. and we all know what blight does, i have a business in the

tender loin and we know about the factors in the tender loin, it is a delegate balance to figure out which are the right businesses and which ones are going to add and subtract and i think that is why the local jurisdiction in the entertainment continue has the greater nuance in making the decisions than the state licensing agency, for that reason only, i would suggest that you give them a greater ability within the state license and then look towards the local permit for a more restricted facility. thank you. >> >> thank you. >> is there any other member of the public that has not spoken, come on up. seeing no one, public comment is closed. i know... i am sorry, but, okay, come on up. >> again, is there any other member of the public after this speaker who would like to speak? >> okay. >> thank you for your courtesy, gentleman and friends and neighbors, i live in the tender

loin, ten years, and there is a strip joint on jones and turk and with due respect to the desires to create business create tax base, i encourage you to consider the neighborhood as a whole and next door in that area by the planned bar, there are residences with families and children and babies and even if a bar has a sound barrier, the noise filters, into the community, and causes noise pollution. sleep depravation and health problems that will be funded ultimately by our city public health and so please consider all of the people and the cost and benefits and weigh

carefully the long term cost to the community at large. thank you very much. >> thank you very much. >> my name is mary jessop. >> seeing no other speakers, public comment is closed. so if we could hear from officer dwarte, if we could, i guess that the question from me is if you could address the issue and i know that we are going to hear from supervisor kim's office but if you could address the issue of the hours, and i have to say that it is pretty unusual for a police station to send a representative advocating for somebody that is different from what your department is advocating or proposing. and you know, i do think that that tells me that they believe that the captain believes that it is important enough that someone should have said what was said and so that is a

concern. >> first let me clarify, the alu is the decision and that is simple and we are here to condition the proposed licenses and that propose td license refers to the alcoholic befrage and control, and that the dabc liquor license and mr. allen has touched on things and some of the things that we have to do are the hours of operation and that is a planning issue or a conditional use issue, if you may. and we have heard about the handicap accessibility and that is a planning issue and we have heard about entertainment, we have entertainment that will liaison with. and a few other things, when it comes to planning, and we had the discussion in the past, with community, or the opinion and the matter is that the captain is correct, and we

should have or be able to grant some kind of conditional use license, or permit that would correctly address the issues by the community here, and i believe that the dilemma of it is not controlled by liquor licensing. >> but this is a condition that you are imposing. and we establish conditions about the hours of operations and there is a question that you can do that and there is and there is not. and so the 23800, >> what are we doing here, if we can't establish those conditions what is the point. >> everything that we do is to rec mepd the conditions to the abc, whether they adopt it or not. >> the question that i have is this, you guys are recommending a closing time of 2:00 a.m., thursday through saturday. you have a police officer from the local captain that basically is saying, they want

the hours to be midnight. so, that is, you know it is unusual to have like i said to have the alu saying one thing, and then the police captain sending a representative to say something else. >> like i said, i do believe in what the captain and his opinion on the matter is simple. the department of alcoholic beverage control may only adjust licensing of the alcohol. >> and the permit that says that they are open to midnight and we don't have that authority. >> and there is no reason to have the conditions. >> and let me hear from supervisor kim's office. and we have here the amazing sonny. >> wow, what a warm welcome. >> and hi, good morning. >> and supervisors, you know, we have stated in the past, that the previous hearing when it has come before you, and for

the pcn, are very supportive of not only the community recommendations but our station calm tain in the tender loin who are having to deal with the calls for service and all of the issues that you hear about all of the time. and our understanding is that the applicant is aware and was okay. it is closing at midnight and seeking to demonstrate that he was willing to work with the community and work with sfpd on how to mid gate some of these issues, and so you know, from the perspective of the office we would like to see him stick to that. he can be a good neighbor and responsive to the community's concerns >> well, supervisor yee? >> so, excuse me, in regards to... >> officer. >> in regards to the conditions there were conditions then, and

they were closed, i think that it was sunday to wednesday or whatever. >> correct. >> and at midnight. >> correct. >> and so, where did that come from? >> it was just something that the abc would like, and these are the conditions, that the abc would like to impose on the license, and this is something, i would like to remind the board that for a pcn what the abc requires from the board here is very simple, a recommendation of approval, or a recommendation of denial. so that the board can decide what to do here and we are only simply recommending the conditions and what the view is in regard to the license. >> and we don't, necessarily agree with in general with what the abc conditioning would be here. but i would like to remind the board that if we, go forward with just recommending a denial that the licensee as mr. allen pointed out on this stated matter has the right to appeal that decision.

and what would happen in the future and, he would get his license any rec recommendations. and in the past we have made amendments. to the recommendations. and so, if it were to recommend, and is that, but would it be withheld. >> and i would like to be upheld. >> of course, i would like to believe that the... and the board here to have authority on what happens in the city, and the alu simply recommends something on the basis on our experience and the basis of the process and as we pointed out, this is a state issued license with very little input from the community, and more importantly, if we want to mitigate the issues of the hours of operations, and then there are different avenues of and then the entertainment commission and then the

amendment. and let me say this, i am very troubled by what we are hearing from the alu today. and it is this idea that we need to accept what is before us, and otherwise, the abc could go ahead and do something on its own without any conditions and i am just going to remind the police department that we are going to approve something, based on what we think is right for the community. >> and i speak of someone who wants to see it here, and we have a long history of supporting entertainment. and we have to take into account the concerns of the community and the abc if they decide to do anything on their own and goes against the wishes and we will deal with that. and the state level and whatever level we need to deal and the question is what is appropriate, and i am convinced based on everything that i have heard, that based on what sonny from supervisor kim's office has said, that a 12 a.m. closure is appropriate here.

and so, i am prepared to move that forward. and the question that i have is to the applicant. are you comfortable with a 12 a.m. closure? and for six months? >> and again, you know, that is... we give a lot of deference to the supervisor and to the community here and so that is what the district supervisor is comfortable with, and i am just wondering mr. living ston what your response is. >> i have been, you know, working with the other departments and the police. and the neighborhoods for the last several months and i have been paying for a lease for a business for the last eight months and so what i cannot have this, and i would rather get approval or denial and that is your recommendation and i will take that recommendation. >> and i guess that i am not

sure, i think that the choose here, i am certainly not prepared to approve this if it is not a 12 a.m. closure. so would you rather take a denial or would you rather take approval with the 12 a.m.? >> the approval with the 12 a.m., sir. >> okay. >> mr. living ston, i want you to be successful in your business, and listening to the district police captain and the supervisor from your district and a pilot project that allows you to build better relationships with the community based groups that have been here and so i think that you should be listening seriously to what the neighborhood is saying to be a good neighbor to the area that you are going in. i know that you have a great potential to have a great business with the history of miles davis and john coal train at the black hawk and at the, what is the other club calls, the 3-d ueces and so it has a great history and there is good

marketing potential there and i want you to be successful but i think that you should listen seriously to the stake holders in the community to be a good partner and so i will be supportive of the recommendations of my colleagues. >> one thing that i would add to the credit of everyone involved, is that the 12 a.m. condition is being presented with the understanding that depending on how things go, you could actually end up getting the 2 a.m. closure, but i think that that is presents you with an opportunity to work with this community and i think that that makes sense. so if we could have a motion, to accept the recommendations, with the closure time being changed to 12 a.m., so we have a motion by supervisor yee. if we could take that motion without objection? >> without objection. >> thank you, we can call item number two.

>>hearing to consider that the transfer of a type 21 off-sale general license from 424 hayes street to 559 hayes steet (district 5), to ramiz yousef for nabila's naturals, inc., will serve the public convenience or necessity of the city and county of san francisco. >> thank you very much, if we could actually now hear from the applicant. >> hello. >> for this license. >> go ahead, sir. >> how are you? >> if you could introduce yourself in >> my name is ron and i am the owner of nalib's naturals. >> if you could speak into the mic. >> thank you, much better. >> i have been opened for business and serving my neighborhood in the community in the haze valley for the past 18 years. as the neighborhood continues to grow. >> if you could speak into