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 staffing the event and informed there were 15 guards for 3500 people and that permit was issued as a one off to the armory and i think that's something i'm going to follow up with them and talk about a better security plan for the future. those numbers may not have been completely accurate.

i think -- but that's what i was informed of. he said he clicked through and five in house staff and 10 from shaw. i made a visit to the republic after a complaint. the neighbor complainant said they have been doing more and more live events, dj's and live bands. i spoke with the operation manager who was there for all of the performances and said he would keep the doors closed going forward and wasn't aware of that stipulation in the good neighbor policy. paid a visit to lacosinna on mission and anytime i saw them with a dj and they have a split barn door situation out front with the other top portion open, so i chatted with management and security there and at first i thought a sound

curtain would susfies to keep the noise in the building and determined it covered up the door handle on the way out so we decided the entire front door should be closed whenever they have amplified sounds and another visit to balan dpltswar on mission and from a neighbor asking about the type of promoters and why they weren't listed, registered on the entertainment commission website. i had a nice long conversation with ownership and management there. they're going to be encouraging their promoters to reach out and register on the entertainment commission website. not something that we necessarily require but they believe it's a good idea to make sure that everybody's registered with us. definitely something i will be keeping an eye on. and i think

that will wrap it up. any questions? >> are there any questions? okay great. thank you very much. >> thank you. >> all right. we will move on to item four which is police -- >> public comment. >> oh i'm sorry. is there any public comment on the executive director's report? seeing none. [gavel] i am moving on to number four which is police department comments and questions. >> ladies and gentlemen of the commission, vice president hyde i work for the san francisco police department liaison unit also own as the alu. tonight i wanted to speak briefly about a couple of incidents that occurred at permitted establishments under the control of the entertainment commission and i will be brief, and also let you know we're not asking

for the entertainment commission to take any action at this time and i will tell you why as i speak of them. the first premise i want to speak of is the lacosienna bar and had an incident at 10:00 p.m. and located at 4236 mission street. what happened at that establishment that night there was an argument between two patrons who had been drinking. the victim became offended over a remark by a suspect who threatened him. a security guard intervened and attempted to remove him and out of the establishment. when that happened the victim fell on the ground and the suspect took a pool stick and hit him on the head and he was treferred to the hospital for treatment and i believe that incident is under investigation by the police

department. the next one i wanted to speak of was for 447 broadway street, the atmosphere. investigator jordan, director kane spoke about what was discussed with the meeting with the operator of the club. on that day we spoke specifically about the event that occurred on august 10 where three police officers were involved and/or injured in the numerous fights that broke out that evening as a result of arguments or drinking that occurred inside the premise. doing a little further research i was able to pull up three more reports, two reports that occurred before the august 10 incident and one report that occurred on august 17. on the incident that occurred on july 12 at 447

broadway occurred at 1:26 a.m.. this was a warrant arrest and someone that was under the influence of alcohol in a public place. the second one was august 9 at 131 in the morning. this was also another individual under the influence of alcohol at a public place. on august 17 there was a disturbance that occurred across the street from atmosphere on broadway. a fight broke out. the subject was arrested and during the interview of the suspect it was mentioned that the person that was arrested obviously became intoxicated at 447 broadway street. now we ask that no action be taken by the entertainment commission because we have taken step to speak to

mr. montoya and give him an opportunity to address the business practice. we are monitoring the activity at that location hoping they will move forward in a direction that is beneficial to the safety of the community and the resources that are exhausted by calls for service to that location so the incident on august 10 is under investigation. i am not at liberty to speak about details to it but i will answer questions of the activities taken place at this location. >> do we have any questions from the commission? >> did you say that all of the bartenders are trained? >> according to mr. montoya everybody but one. >> is load traine. -- lead trained? >> correct and i believe tips trained as well. >> that's what i suggest and i sent him after the meeting the

link how to hire tip trainer because tips is substantially more effective regarding service issues and understanding what intoxication looks like. it's what they use in all of the hotels, bars so we're hoping he will engage in that process. >> so lead is free and tips is not? >> correct. >> and a question. is it a condition of his permit to be trained to have guard cards and lead training? he got the permit there wasn't the conditions? >> no. i believe it was to have lead training. i believe we [inaudible] that permit so again lead is one thing and you know as well as i do since cursory look at what over service means and this seems to

be an ongoing concern obviously so we want to reiterate that more education is better. >> thank you. >> commissioner frost. >> just the thing that concerns me is the security guard doing his job of escorting the person out and ends up on the ground and somebody comes behiendz him -- >> this is lacosina. >> sorry. i got that mixed up. when you talk about the lead training they have been in like how long ago was the training and do they have an update on this stuff or how does that work? >>i can't speak for the premise or the operations -- at least

two years and i think they have to renew it. my question is for atmosphere were they party bus related patrons or anything like that? >> to my knowledge no. >> i do have a question. so do you feel that one of the problems that atmosphere is over serving? >> that's my belief based on the conversations we had and the discussion with mr. montoya. we talked about over serving and the affect it has on the patrons especially during closing time so there were discussions how we could correct that problem and that's basically through

education. >> and has any of that been because of the -- i know bottle service was a concern of me when they came here and i am wondering if that is a concern and patrons over serving themselves due to bottle service? >> i can't speak of what happened inside with respect to bottle service. mr. montoya told me it didn't involve bottle service. obviously that is always a concern but at this point i don't believe there was enough to prove that bottle service had anything to do with the fights occurring from atmosphere. >> thanks. commissioner akers. >> yeah, i have a question. when an violent incident occurs like this outside of a night club and people are arrested is it the police practice to do a breathalyzer to find out what the intoxication level would be so that we can start looking at having some actual data to talk

about over serving or something to back up what that level of alcohol intake is? >> that's a very good question and a good point to bring up. unfortunately we can't force people to take a breathalyzer test or draw blood in this situation. that would be nice. what the police department relies on basically is their observations of the individual and what they were trained to recognize so that's how we identify the level of intoxication of a person. we don't test them for it. >> a quick follow up then, so if there was in addition of public intoxication charge the police wouldn't do a breathalyzer or is that only when somebody is operating a vehicle? >> it's primarily when a person is operating a vehicle. however, the person arrested has

a right to request a blood alcohol or a breathalyzer test to determine their level of intoxication. >> another question i guess for us. does atmosphere have a breathalyzer? some bars have breathalyzers in the club for people to self administer. >> the power house does. >> i don't know the answer. >> i don't know. >> wow. >> usually. >> wow. >> [inaudible] >> are there any other questions from the commission? okay. thank you. >> great. thank you. >> thank you. is there any public comment on police report? all right. seeing none. [gavel] we're moving on to review and

possible action to review and change the conditions of the place of entertainment permit ec-822 at club malibu located at 3395 mission street. cammy. >> all right. good evening commissioners. we have talked about club malibu before. club malibu has been at that location for some time. i will give you a quick overview. this is all in your packet they gave you but we began getting complaints about club malibu from neighbors about noise and quality of life issues last summer. commissioner hyde and i contacted the owners and operators of club malibu, mis and they were willing to work with us and the neighbors. they did open up the bar and club to the neighbors so we could begin conversations and mediate the issues that cropped up. in your

packet you will will find complaints from the neighbors originally, a letter from director kane reminding them of the good neighbor policy and that thing and also their permit which is current, and then also some current complaints that we're getting. just to give you more background after three meetings with the neighbors and club malibu it turned out many of the original issues that had come up were addressed including quality of life issues but the one consistent problem has been the sound escaping from the venue. we have the owners operators here along with an advocate rackel will speak to some of the improvements of the noise escaping from the club. i believe they're continuing to work but i want to mention that the permit issued in 2006 doesn't have a lot of conditions