neighborhood and take it whether you like it or not. i have learned a lot in this process, that i really see that really the board of supervisors has little control of this. and has little control over this, and the police department has little control over this and even the mayor has little control and it really is an abc issue. and i think that is what really needs to be dealt with. possibly if you win an assembly position perhaps you could introduce a bill to maybe get a little bit of control back for the city because when the community, the police department, and different things, speak out and voice against a bar in a neighborhood, and you have the abc says take it, you are going to have it in your neighborhood whether you like it or not. i just think that there is something very flawed with the law. so, but, in the case of these

two people, i think that their out reach is wonderful and they have alleviated the neighbor's concerns and so i will not get off on topic there too much. >> thank you. >> thank you very much. >> and is there any other member of the public that would like to speak? >> seeing none, public comment is closed. you know, in terms of the... and i appreciate mr. nolty providing us a copy with what the entertainment committee recommends and from my perspective i think that there is an expectation that if an agency like the entertainment agency puts out a set of guidelines for what community process or involvement looks like, that those processes would be followed by the applicant. so there is an expectation that that would be done. i also think though that it is important for this committee to have the leverage and the discretion to go beyond what is required depending on the individual case. so with that in mind, and i know that supervisor and mar

and i were trying to figure out if there is a planning code definition of a man cave, i don't know that that exists. but i have been impressed with the out reach that has been done and very appreciative of the applicant. so if we could have a motion on this item? supervisor mar? >> if we could take that motion, to move this item forward, with a positive recommendation, as a committee report. >> so we could take that without objection. >> thank you very much. >> if we could call number two. >>hearing to consider that the issuance of a type 42 on-sale beer and wine public premises license to miriam lipton for 854 geary, llc, dba tender, located at 854 geary street (district 6), will serve the public convenience or necessity of the city and county of san francisco. >> if we could hear from the applicant, and from this, miss lipton. >> good morning. >> good morning. my name is mary lipton and i am

opening a wine bar called tender and i have applied with the local alcoholic beverage control for a type 42, beer and while public premise license, it will be a small wine and food, serving small batch wine and craft beer on tap and feature local cheese and plates and desserts and local chocolate. it will operate, 6 days a week from 3:00 to 12 a.m., sunday to wednesday and 3:00 p.m. to 1 p.m. on thursday friday and saturday and i expect that 70 percent of revenue will come from wine and beer sales and 30 percent from food and special event fees and art sales, i am well suited to operating a small business in the city of san francisco and experience of machining and training a staff and ordering product and maintaining the bookkeeping. the staff will train for food safety and beverage experience and will be experienced in the hospitality industry, on average i expect to have three to four full time employees

myself included, i expect to be there every day and working at least 50 hours a week and i have been aproefd by several locals looking for work and i will hire as many as possible. i have hired a payroll company and recently partnered with restaurant manager who adds the valuable knowledge and experience to this endeavor. i believe that tender will be a unique and welcome edition to the neighborhood and while there are several bars in the area there are few wine bars, we are occupying a retail space that has been vacant for decades. i believe that the vacant commercial space contributes to the over all health and i am excited to be part of the recitalization of this beautiful building and i am focused on serving local goods and the tap, is a green, echo friendly to typical wine establishments the wine that i will be serving will not be found in stores or even other wine bars as all of my wines

are produced for distribution on kegs, it is just starting to build in popularity, there is no waste and it is a green and way to enjoy wine and it is an excellent business model for a place for people to gather and enjoy a product not readily available elsewhere and the recycling of pick up of bottles takes place in the late hours of the night and early morning and can result in noise and sleep disruption for neighborhood residents, with wine on tap there are no bottles being recycled and they will be delivered during the business hours and will not disturb the residents of the building in order to secure the quiet enjoyment of the residents in the neighborhood i have amended the application with abc and there will be no off sale, wine or beer, or live djs or music and i am committed to keeping the side walk free, and i will make sure that the patrons understand that we are operating beneath a apartment

building and people being loud will not be tolerated and i will hire a door man to check ids and i have installed security cameras inside and out to serve as a deterrent to loiterers or disrupt the peace or persons attempting to engage in illegal activity and i will comply with any conditions on me by the abc or local law enforcement to secure that my business will not disrupt the residents's way of life and do everything in my power to make sure that it is not a debtment to the community but a safe and pleasant place for the people in the neighborhood to enjoy the fine products and i have invested a considerable amount of time and money in improving the space and made improvements to the interior and the exterior, it is a commitment to the community in providing a high quality, echo friendly product, and i plan to feature a resolving art show every other month and have secured

two tender loin galleries to help with the shows of local artists i commissioned two murals that were painted on the premises, the interior is 28 feet long and was painted by local artist andrew shultz and is the vocal point of the down stairs. and another one by ien and both are rising stars and have works in the permanent collections in many art museums their work at tender are there for the entire neighborhood to enjoy. i have lived and worked in san francisco for the last 24 years, i am a single mother of two teenagers and a two time cancer survivor, i have put my limited resources into making this business a reality and committed to making it a valued asset to this neighborhood and community, thank you for allowing me the opportunity to share my plans for this business with you this morning. >> thank you. >> i really appreciate that you are very earnest, heartfelt presentation. and i am wondering if you could

briefly talk about the community out reach that you have done and i know that supervisor kim is supporting this item as well. so if you could briefly touch about that. >> sure. >> i would like to just say before he comes to the mic, is that i really enjoyed the community out reach. and i was sort of surprised by that. i thought i that i have to do this out reach and as i started going through the process i really felt like i met so many, interesting amazing people and i do feel like a lot more connected to the community through the out reach. so i appreciate the out reach requirement. >> before reading off the list of folks that she out reached to, i wanted to mention that since working with alu they do require a certain extent of out reach and we do need to let them know before the hearing what that out reach was and i just wanted to put that on the record. she did extensive out reach,

her business actually falls in the jurisdiction of central police station, but folks at the tender loin felt that they should be reached out to as well and so she did out reach. and she out reached to alliance for a better district six and the central police station and the faithful ministry and the friends of the park and the lower polk neighborhood association, lower polk business collaborativive and nominic and north of market and tender loin and cbd and the san francisco police department and the supervisor jane kim. and tender loin, collaborative and tender loin police station and the community meeting and the station community advisory board. >> great. do we have any questions of the applicant? >> supervisor yee? >> no i don't have any questions, but i really appreciate the thorough

presentation. and sounds like this could be a wonderful place. >> thank you. >> supervisor mar. >> yeah, thank you, and i applaud your effort for an eco-frepdly wine bar, i know that the one letter of protest seemed to object more that you are calling it the tender loin than other issues and not acknowledging that it has been vacant, for i think that you said for decades that it is actually a big improvement in the neighborhood, even though it may be another alcohol license, but it sounds like the type of business that will help revitalize the area and i wanted to thank you also for the community out reach, too. >> thank you so much. >> thank you very much. >> why don't we now hear from santos and the police department. >> thank you. >> lipton on behalf of 854 geary doing business as tender has filed an application with the california department of alcoholic beverage control seeking a type 42 license for

854 geary street. tender plans on the promotion, and sales of the fine high value lines and locally crafted beer and she although, not required to do so, plans the sale of small plate foods. and for the purpose of this hearing, the california department of alcoholic beverage control seeks a determination from the board of supervisors, as to the approval or the denial of this license. in respect to the police calls for service, from february of 2013, to february of 2014, there have been zero police calls. as the storefront has been vacant for an extended period to this business. in respect to the police report, there have been zero reports. the plot has 217 police reports recorded for the year 2013. and the applicant premises is

located in a high crime area, the premises is located in census track, 122.01 and the population is 4567, the on sale license for the census track are 15 and the active on sale licenses are 16. and also the licenses authorized by the census track, four active off sale licenses, and applicants premises, is currently located in an undue con con ken straighted area. there are three letters of contest and one letter was conditional. as far as letters of support, there is none received by the california department of beverage control, at this time, the department recommends approval with the following conditions attached. the conditions that i speak of are negotiating with miss lipton and are as follows.

number one, sales, service, and consumption of alcoholic beverages shall be permitted from 3 p.m. to 12 a.m. daily with the exception of the holiday, new year's eve t may be allowed to sell and service the beverages until 2:00 a.m.. and number two, the sale of beer beverages for off sale consumption is strictly prohibited number three, no noise shall be audible beyond the area of the control of the license, as defined on the applicant, abc 257 form and number four, the petitioners shall be responsible for maintaining the litter and the area adjacent to the premises. >> and loitering, it is defined as to stand by idly about and as prohibited on any sidewalks or property adjacent to the licensed premises under the control of the license, as depicted on the applicant's abc

257 form and lastly, number six, it shall be equipped with power to eliminate and make easily decertainable the appearance and conduct of all persons on or about the premises and additionally the possible of such sliding shall not disturb the normal privacy and use of any neighboring residentses. >> great, thank you very much, lieutenant and colleagues do we have any questions for the lau? >> no questions? >> thank you very much. >> thank you. >> why don't we now hear from the public comment, michael nolty and jeffrey barcus and any member of the public that would like to speak, come forward. thank you very much. >> i am actually going to be speaking as a civic leader because i attended three of the

community out reach meetings it is hard to say that i represent all three groups that were reached out to. i think that to be the bar owner and well intended and to try to have a new business into the neighborhood but as far as the alee ans, we are neutral on this business because we do not really support any idea of having any new liquor licenses brought into our neighborhood because it impacts the police we are not seeing any police staff coming into the neighborhood and any time that there is going to be a tax on the police, we have a problem with that. and again there were three protests, and i think that the reason for the out reach was done, in part because of the fact that a consultant was

hired to help the bar owner, realize how to do that. and the community out reach, which again, is great to see it happened. as it happened. as far as the community out reach, like i said i sat through three different presentations. there was one presentation where it was asked, what is the floor plans, there was no floor plans being presented at the meetings. and so nobody could really get a concept of what the business would look like. and i think that is kind of important when there is a new build out or you have to submit that to abc and your floor plans and i think that is just a legitimate request that the floor plans or some sort of mock what will the business look like, so, and then, it is hard for the people to conceive the one that are just being talked to and not shown any diagrams. other than that, like i said, i

am going to maintain a neutralty and i wish them luck and i think that they will have the support of the committee, but, i wish to also point out that any new business should continue to do out reach, and in order to be a good neighbor. so i hope that they take that into account that this is not do the out reach initially to get the permits but to continue to do the out reach, and to continue to reaching out to the community members, and because that way, they are truly a good neighbor. and thank you. >> thank you very much. >> next speaker, please? >> i was pleased with her out

reach and my concern is too many bars in the neighborhood and in that block alone of the probably 12 commercial, spaces at least nine of them sell liquor, you can't ask for it being any more convenient than that. granted, i like the fact that it is eco friendly, the noise factor, of not having bottles and the fact that she is going to deal with the people on the outside, loit tering and smoking and what are you problems and is approachable, that is good, but one of the things that everyone needs to consider when we look at these liquor licenses once you grant that license, if there are no conditions attached, that bar can flip the following week and that new person that takes over makes none of those commitments, if there are no conditions. that is a concern of mine. because when we grant these

licenses she has every well intent and she is a two time cancer survivor. and hopefully she will stay cancer free. but if she does not, the bar gets sold and it goes to a new owner and that new owner may not be near as hospicable and that is the issue that i rise. as far as the bar, it is a small bar, it is a small space, it is a 42 liquor license and it is not a 48, and i think that it is disengenius when we hear the reports on someplace that is vacant for four decades when you look at a situation of a police thing, take a look at the block, how many calls were made in that block of bars, how many police calls were made in that block, that is a much more better reading on what you have got in that corridor, rather than taking nothing, sure there is zero calls because there is no one at that address. so you are really not taking,

it is kind of disengenius to say that. ask how many calls were made to whisy thieves, and to one of the other nine or ten bars there. or liquor establishments. so that is the issue that i will raise when you start looking at police calls at a specific address, but other than that i am not opposed to her having the bar and i hope and i wish her luck and i hope that she is very successful with it. >> thank you very much. >> and salt lake any other member of the public that would like to speak in please come forward. >> hello, my name is christie misona and i am the resident manager at 850 geary apartment building which is the building above the tender and i have a letter here that i wanted to read from one of the tenants,

who lives directly below the bar. and here it goes. to whom it may concern, i live at 850 geary a building that has been in breathing life and quality standard of living to an area that has been and still is in the lingering undeveloped parts a ses pool of drugs, street walkers and all that makes an area a slum. i am trying to understand why there is resistance of any kind for a sophisticated wine bar, that will service professionals such as myself, a realtor, who live and work and embrace the growth of legitimate businesses, and neighbors in the tender loin. as i san francisco native, mother, and taxpayer, tender, is what should be happening on the 800 block of gear geary street and i also wanted to say, we are not really concerned about the noise. all of the tenants are really excited for her to be here.

and i am really nervous, i am sorry. >> you are doing great. >> next speaker. >> if you like to speak, please line up to your right and our left. go right ahead, sir. >> right here? >> hello my name is justin, and i am a small business owner. i operate my art gallery that i have for 12 years on geary and larkin at 886 geary street and so i am on that block and i know it very well. and i also live in an apartment above the gallery that i own. i own the property. and i have been struggling as a small business owner for 12 years to try and help make that neighborhood better, and specifically that block better. so, when i finally have the chance to meet miss lipton a few months ago and she is pleasant and wonderful and found out what she was planning on doing and i was excited to find out that someone was going to open up a wine and cheese

bar which i will be attending and spending a lot of my money there and enjoying with a lot of my friends and to address the issue of police calls and i live on the block and i have a picturesque window that overlooks the block and it is probably one of the safer, mellower, blocks in the neighborhood, and we rarely, rarely ever get police calls there. and i look forward to help to curate the shows and i know that her business is going to bring me more business, thank you very much. >> thank you, next speaker. >> my name is john gorly and i have the good fortune of 2002 from moving from the panhandle to my boyfriend's apartment right hand hide and geary and it was kind of a mixed blessing

because panhandle is the nice pretty neighborhood and the tender loin, well, in that respect it was not quite so nice i would describe it as a less amenable in some reports at that time, my recollection is that building at 850 geary was to be generous and it was not an eye sore but it certainly was not positive vocal point in some sense that building and any building if it has windows for the street level businesses, they can be seen as the eyes of a face and in this case, those eyes were kind of like cataracts like an old dog that had not been well treated and was in, and at any rate, in the last two years, that building has been renovated in a way that has really raised it and it has

become kind of a high point of that side of the block. and the those, eyes they underwent surgery and they were covered up and there was evidently something going on behind it one would hope, just like all of the face of the building that it was going to be a transformation there. and i must say that i rolled my eyes when i saw the type of security covers that were put in there and these kind of forbiding metal doors that roll down. and to protect the windows. and then, not so bad, they got painted and then in the case of tender, there is actually a very nice i am not sure if it is a mural but there is a painting that draws the eye and it is a pleasant thing. all of this makes me think that i am eager to see those eyes

opened up, and a vital business going on behind there that in the way that somebody might have their eye lids tattoos when they are asleep, you look forward to seeing those eyes open and see the vitality that is going on evidently behind those, and miss l. pi. ton she has lived in the city long enough to have two kids, who are in school, and i mean they were one of them is in high school, i understand and the other one about to go to high school and born in the city. and she is a part of the city, and is making a substantial commitment to continue to develop and be a part of the development in this city. i thought it was kind of cute when they named it... >> thank you. >> acknowledgment of, but her out reach... >> thank you. >> for the rest of the... >> we have to give everyone the same amount of time as a matter of fairness. >> you are...

>> you are also making me think about seeing my optomitrist but i appreciate the comments. thank you. >> thank you. >> next speaker please? >> good morning, supervisors. and i live in the district where the beer and wine liquor license is wanted. as you know, not much business rolls up from market street, the street that you or the board of supervisors really focus in on to bring the hey days back of the days gone by. of the city. but, i don't think that adding more liquor licenses or beer

and wine or places that are cloaked and well places period that are cloaked under the name of beer and wine and would be selling liquor. but they will still be selling beer and wine spirits. but, the thing is, the area is already saturated with all kind of beer and wine. or so-called restaurants that sell just beer and wine or whatever that the mayor is allowing or the board is allowing to come into the areas that already don't have enough places for kids to play. so, there may be a tax on sugary beverages and if we

focus on the kids, as this board has proven to do, we should not add another so-called beer and wine establishment in the district, and in the tender loin area that i live in. fresh treats and vegetables and i understand that the person is a long term resident in this city and has two kids that went to school and stuff. but i don't think that this should be able to pass to the full board, because we have enough of beer, wine, places and there is not enough businesses, not enough business rolling in from market street, the crown of our city. and also, even though we will be having the hospital built in a little while, i wonder how much business will be rolled into the area. thank you. >> thank you very much.

>> next speaker please? >> hi my name is chris esketa and i am a small business owner here in san francisco and i am opening a restaurant next door to tender, and i think that this is exactly what the neighborhood needs, i think that we will bring quality individuals to the area. and more importantly, a quality establishment, and care about the neighborhood and we really hope to be a part of revitalizing the neighborhood and i think that there, you know, there should be no issues. and you know, obviously there is a quality establishments and these other kind of places that are going to get the people that normally would not come to the area because there is maybe nothing of that caliber or quality into the neighborhood. and it is also going to attract other businesses, and other small business owners to want to be a part of the neighborhood. and hopefully it makes everything better. >> thank you sir,