2- 10 games they get a staff level permit from the commission. any business with 11 games or more would get a entertainment commission permit from the commission here. a bar with one wouldn't need a permit or a restaurant or some other business with -- 1-10 don't need a permit if i didn't lose any of you with that long winded explanation i am happy to answer questions. >> commissioner joseph. >> i'm sorry. just a point of order i want to add a couple of things. i think connor is trying to be brief but it's complicated but i want to reaccrue the commission and yes it's a new thing for us and over the counter permit. however, the process for suspensions, revocations, like appeals, those things are all in place so if we do begin to have trouble with something you didn't see at the

front end we have every option to bring it before the commission because it's under our purview so that is more understandable or comfortable to you then i wanted to add that. >> okay. thank you. >> okay. if we're not issuing a permit with a bar with one mechanical amusement game how is it under our purview? >> that wouldn't be. >> so that would be the problem for the police? >> that's correct. >> i agree with you that the code is archaic and needed to be changed, but i have a couple of questions just for clarification to make sure that i understood. up to 10 games if it is a restaurant or a burrito shop or a pizza place? is that correct? >> that's correct. >> and if it's a restaurant that serves alcohol it's also -- >> we went back and forth with the city attorney and the planning department on this how

specifically to define a bar and you will see in the legislation i think it's -- correct me if i am wrong director kane but a type 43 and i don't have the legislation in front of me -- >> type 41. >> but the planning department defines a bar as an establishment that sells liquor and that's their primary source of business, so there are restaurants that may have a beer and wine license that wouldn't be categorized as a bar. >> there are restaurants that have something called a type 47 license which is required to have food and they have full bars -- >> so the legislation at moment defines bar as abc license type 42, 48 or 61 so 47 are not a part of this. >> okay. just so that your office understands 47 is a full alcohol license, not beer and wine. >> but it's -- >> but they serve food. >> right. >> okay. so a place -- okay.

so the -- sorry, the other thing i wanted to ask was so 2- 10 games in a bar. is there a size the bar should be to have 10 games in it? have you thought about that? can a bar be a 49 occupancy and have 10 or nine games in it? what have you determined on that? >> those are calculations that are pretty well handled by other aspects of san francisco code, the building code, the code and the entertainment commission doesn't seem like the place to litigate that and we met with them on this and there are other tools in the tool box to address that. >> so to staff does the planning department have in ttion code a process to disallow a certain number of video games

or any games for that matter and say a 49 occupancy? >> i don't think it's about occupancy necessarily. it's about the square footage and there is a table in the planning code. >> there is. >> i am certainly there is and you know how the planning code works. it's variable but i believe it's addressed and in addition obviously as you know if somebody doesn't have a area footage it's a fire hazard if something is wlok blocking the door. there are other departments that are regulatory that the come into play. >> including ada. >> okay. last but not least if there is no fee with the permits that we issue, not the one, but the one that is over one, and we do cost recovers as -- is that not correct in our commission,

we do cost recovery? how do we recover the cost for enforcement or anything else we might do? >> so you want to speak to that. >> go ahead. >> connor didn't -- there's a little confusion here so one of the reasons that we met again with to address the supervisor's concerns and pressures on small business and not wanting to lose the oversight we had but also want to be mindful of them trying to give small businesses a break so one of the things in this negotiation after the first read was that we would say that there was no application fee because as you know there are two places we have money collection. the first is an application fee which is -- when you were talking about in terms of certain cost recovery. everything the city does is cost recovery for the most part. we would forgo that application on

the friend end but we agree that a license fee which is the thing that renews these permits would remain intact and that is something that is an annual fee that's based on the enforcement of these permits, so -- >> it's a lot cheaper than the application. >> it's a lot less and somewhat of a mail in thing, and it was a middle ground i think. >> yeah, i think one of the policy directives that you heard from the supervisors at land use and from my boss who isn't on the committee that the existing police code was cumbersome for businesses and frankly too expensive and i heard several time when is developing this legislation and not just supervisor breed scprtds "why don't you delete the section entirely?" so it was a balance to strike with the entertainment commission and the prerogative policy direction from the board. >> my only thing to say to you the only thing that ticks me off

about this is this a permit that comes out of this department and this department is a regulatory agency and i would have really appreciated you affording us the courtesy to bring this to us before you did it and have that discussion and include us in it, so i agree with you the police code can be cumbersome and if you decide to change more of it in the future when it has to do with our commission it would be great if you contacted our staff and spoke with them about it ahead of time instead of after the fact. >> we did work with the supervisors office's staff but as far as bringing it to commission that's a different kind of commission. but before it was introduced and -- commission is hard or impossible to do. >> to be frank with you as i alluded with my comments ms. blackstone broached the

conversation to begin with so we were working with your staff from day one. >> okay. >> commissioner perez. >> thank you for coming. do we know how many businesses are affected by this new legislation? >> do you have it? do you have it from memory? do you have it? okay. >> go ahead. >> so i did a table which i didn't bring because i thought connor -- i expect connor to do everything but basically 80 mechanical amusement device permits that we have. i believe 68 of them are actually bars and so i think there were 10 bars that have just one, and the rest of them have between two and 10. >> okay. >> sorry connor. >> commissioner frost. >> so we will have no jurisdiction over a bar if they have one machine and it turns

into a gambling thing or a payoff like the old days? >>i am glad you brought up that topic because your colleagues in the department brought that up a few times and we wanted to be very sensitive to the concerns and putting effort to strengthening the provisions around gambling to make it explicitly clear any mechanical amusement device changed is not a device and couldn't get a permit and pattonly illegal and we wanted to express that the police has authority over gambling devices and there is language in the legislation that says that the police has the authority to investigate concerns about gambling and seize any gambling devices so we wanted to draw that distinction clearly that we're talking about strictly games for amusement and

that was your former colleague, commander garretty stressed that to me and games for amusement. >> okay. even the ones used for amusement in years past on pin ball machines if you got a certain score you get more games and they were getting paid off by the bar by having more games so it looks like it's straight up amusement and then i know nothing about it but i heard something it went on in ingleside and a machine turned into a gambling machine and i'm just talking off the top of my head and the police department signed off on this and okay with the amendments? >> i don't want to speak for them but the commander was there and i think he was comfortable

with the compromise we made and i worked with them in developing gam gambling controls and we listened to their input and tried to incorporate it and without speaking for them i think they okay and we incorporated their suggestions. >> any other questions? commissioner akers. >> thank you for coming and i may have missed this in your presentation but for establishments that are already permitted what happens with them? do you expect that anyone is going to come forward and ask for their money back? >> no. >> i mean or have a resentment? >> that's a good question. this is kind of funny. in working with the deputy city attorney she made a comment it's rare to see regulations become

less strict so there are bars that have permits that no longer need them or businesses that will no longer need them and we put into the legislation there won't be refunds but they're not required to reapply when it expires because they won't need a permit. >> so the permit is active until it expires under the original conditions that they got the permit from this commission. >> so commission almost i would say 100% of the mechanical amusement device permits that we have the only condition is a good neighbor policy. >> okay. >> and the good neighbor policy will be in effect -- >> except for one. >> unless you have one and the rest will continue to be billed every year on their license fee and their permit is still intact between 2- 10. >> okay.

>> okay. >> okay. we will see. >> any others? all right. i just wanted to thank you very much for coming into commission as per request for supervisor breed i would like to go on record of saying i was much more conservative than she was on this legislation and i am proud to say it. >> thank you. >> thanks. >> okay. got through that. next thing on my list is just to -- i wrote down the board is on recess which is why there isn't a lot of stuff to talk about relative to legislation. they will be back on the second of september which is when this legislation goes to second read so we will obviously be present. the -- under staff and office update i wanted to speak to the commission about our annual

party which i had yes recognized that we have an annual party in july as sort of a birthday party and we had missed that window and i end interested to do a holiday party but vetoed by some people in the room and do something in between the july date and the holidays begin so we choose october 7 because that's one of our regular commission days. we have typically done this as a meeting and beautiful do a five minute meeting and no permits, agendize and then we have a party, so for now that's the date you should mark on your calendars. we will do an off site agenda october 7 and the location is tba for right now. we're sort of working through what we always work through what we can afford and what we can't, so that's that and i think that's it for

me. i think i'm going to hand it over to -- who goes first? mr. pauley. oh i didn't talk about beyonce, did i? see i have such a bad memory i didn't want to talk about beyonce/jay z. all right in order to rehash the lovely evening we had two tuesdays ago as you may have heard literally there were concerts at att park, one on a tuesday night and one on a wednesday night and at tuesday it started by eight. by 9:00 o'clock every live in person in san francisco was either on the person, on the phone and telling social media they could hear every word to every song or feel it, or whatever so we went into crisis mode at this point and long story short which i am sure i will get questions on.

wednesday's performance was much, much improved and the narrative in the media was the same that people in potrero hill that partied on the deck the night before couldn't hear a thing. it wasn't perfect. there was tremendous tweaking to the sound system done and i want to thank commissioner joseph and my enforcement staff for stepping up and going to this concert which i was not willing to do and working with at the sound board working with the promoter, working with the giants and i want to thank the giants. they're not here tonight but for apologizing and working to fix it the night after. we do certainly intend before another concert of that size to have protocol created. i have been trying to in the last home stand negotiate a meeting with the giants but

it's busy for them and may wait in fact until the season is over until we get anywhere but for the record we won't be issuing a loud speaker permit for at&t for a public concert without coming to you first without ever again so now i can take questions. >> i have a question about that. so that -- the promoter of that was -- >> live nation. >> live nation and they're a large corporation. >> international. >> international. they come in and the whole city hears that and i am wondering what we have to hold them accountable for the mismanagement because when we have small mom and pop operations that behave improperly we have ways of taking them across the coals until they behave well and i am

wondering what is our recourse for a corporate giant like that. >> so just for -- we can speak to this too but recourse and our process for enforcement and regulations has to be the same across the board. like we can't differentiate between someone because they're a large company versus a small mom and pop but the point is the issue is with the giants. the giants are the responsible entity at this point because it's their property leased to the giants and they decide whether to allow live nation. sometimes they allow a different promoter to come in but they're the responsible entity and the question is what do we do with the folks that we permitted in terms of punishment if you will? that is obviously in the commission's hands. we have a process to follow if it's a citation. with loud spikers at this point it's awkard to

suggest you would take a permit away after the thing is over with, but again that's the protocol we need to bang out going forward given the size of the venue and the open air nature of the venue, and whether or not there should be things in place like db restrictions or other things and not just punish who they're booking and what kind of sound systems come in because we had many concerts that nobody complained about so obviously there are differences between those and that's the work that we have to do. >> just to add to that. i am glad you said we issued the permit to the giants and not live nation because that's what we did but to understand a little better these big concerts travel with their own gear so

it's not like the giants or live nation had any say about what their gear would look like so they hung the gear and i guess they didn't do much of a sound check and we had an inversion layer in the city and an inversion layer it holds the air down and sound that usually goes up in the air on a clear night and you can see in the penthouses of san francisco an inversion layer causes you to hear it on the ground so that's kind of what happened. they did spend a great deal of money working all through the night to reconfigure the speakers, turn speakers off, lower some of the frequencies and it worked. i have a little video of the db meerlt we put up and they're showing all of the readings

during the show, but if we want to have -- we're a big city and if we want to have these kinds of shows and we deserve to have these kinds of shows here. it's great for us economically. it's great for the city's image. it's just great. then we have to talk about it ahead of time the kind of sound they have, check the weather, check this, but not like punish them in a way that they would no longer bring a show here, you know, pretty much is in my opinion. >> and i would like to agree with that because one of the things i believe is that we have these -- we're a major city and what happens everyone goes outside of the city to have these large concerts and we lose that revenue as a city. however when this happens i don't think that is encouraging for that to happen again that's why i am -- >> the last time this happened

is the rolling stones which was 2005 so 2005 so this is 2014, nine years. pretty good record. i think and in both cases what we found is is that the people who could hear it had a diverse opinion. one would say i couldn't hear it. somebody called and said i didn't inning thing she was good and she didn't keep me up. >> >> and people were partying on the decks so there was a mixed bag and it was nine years before the last event of this magnitude before we had a problem which is pretty good. >> commissioner lee. >> it's just a fluke. i mean club owners rent their venues out and come with a sound tech that are used to blowing your ears out. yeah now i think we learned from that and they will come before us to make sure

it's done but live nation did a great job for the america's cup. remember we had issues with that? i think if there is a situation they will be is there to a beaut that. it's just a fluke. it was very quiet with the city with the inversion layer and everything, so i mean -- you live and you learn. >> okay. thank you. >> okay. so i'm going to turn it over to have you hear about some enforcement in the last two weeks. >> inspector pauley reporting. how are you guys doing? >> good. >> ladies and gentlemen. i'm going to keep it short and just go over a couple of the more notable things that happened and one of them was on i want to say sunday morning, saturday night, sunday morning august 10 at atmosphere there was a fight. it was a pretty large fight. a

couple of officers got injured. there were several arrests made. what we ended up doing was going to a meeting i think at central station the next monday with the central station with the captain and the operator and they basically hashed out a contingency plan how they would handle security to better communicate with the police so the police could know if there are issues in the club to manage it before it reaches that level and basically it's only been a week but it seemed like the conversations that the owner said he would have with his staff it seemed like they happened -- i was talking to a staff member and he mentioned things that came out of the meeting. other items -- there's just one other item and i already talked about it with jocelyn. it was a sidewalk issue on polk around the area

of mays oyster bar. it's really not our enforcement task but a dangerous situation and something that ends up back on the operator's desk at this point so i wanted to mention that. we talked to the city attorney about it in terms what we could do or who we could engage and that was a fruitful conversation but i will spare you the details and if you want to know ask questions and at the knock out bar and noise complaints and i talked to the operators now and i will follow up with that. that's it. any questions? >> yeah. just atmosphere. -- not atmosphere, mays rather. can you elaborate what the dangerous pedestrian behavior

is? >> so basically the weekend before this i saw a girl hit during the het out, 145, a girl hit and on the ground and waiting for the police -- >> [inaudible] >> in the street, yeah and this past weekend i was driving through and there was people off the sidewalks and the thing is i don't want to be blamed on mays because there are planters in front and the sidewalks are small but there's a lot of people in the street and some of them are looking for taxis. some are just standing the street, whatever, and it's kind of a dangerous situation and i thought i should mention it. >> so everyone is coming from mays or -- >> no, they seemed to end up in that area but they're from all over the place. they're from eateries in the area and not just mays. i put that down because that's where a lot of

the traffic happens. >> thank you. >> do you see security helping people go along? >> yeah security does a good job but there is traffic from the other bars and that's why i thought and maybe talk to the operator and have them handle but they tried and something i thought was important. >> other -- so i would like to ask a question about atmosphere then. we had just had them in a month and a half ago because they keep having issues, having issues, having issues and then they have this huge fight where people are injured and there are all sorts of problems and i am wondering where do we go from here with atmosphere then? i mean -- >> i think that's a better question. >> there is nothing in front of you at the moment to do anything about and if it reached a

threshold based on conversations again -- not only the captain but the cbd on broadway we would use the powers that we have to bring it to you, but i think that the captain who is new and the cdb are trying to manage through without going towards another dark venue if that makes any sense? so we might get there. we're on it and all i can say we're working through the causes and the potential fixes and the willingness of the operator to make change and then and if we see it needs to move to the next level it will come to you. >> okay. thank you. >> good evening commission. i am inspector sean burke.

jordan and i are currently working on a project headed up by miss cammy blackstone trying to update some of the older san francisco police permits transferred to us nearly one decade ago so we have been going to those establishments with mechanical amusement device and things like that and getting updated information and making sure they have the devices that we have on file, so a lot of the weekend was spent traversing the city going into some of the historic older venues anything the spurring spur and italian social club and the silver crest donut shop. >> [inaudible] >> donut shop and lounge for those that didn't know there was a bar in there. [laughter] >> [inaudible]

>> 340 bayshore for those -- free advertisement. >> this is why they call it the entertainment commission. >> i did issue a violation for a repeat offender, social house. they have refused to purchase fans for their very hot room on mason street and continue to leave their door open and vent open on the front entry way. next time that occurs we will be issuing a citation for them and a couple of inspections over the course of this past weekend. two weekends ago i was out on vacation but this past weekend there was a larger event at the armory, about 3500 people on mission street. i spoke with head of security there shaw with