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 on it. i think after you hear from the club malibu folks and also the neighbors of club malibu it is under your jurisdiction to decide whether or not to add conditions to this permit or what course you would like to take. i did want to mention there are a couple other people here. we have an officer from the ingleside station and a representative from the mayor's office and economic development and this is within his corridor and he has support to offer the malibu club folks and of course we do have neighbors here that would like to speak as well so with they will turn it back over to you commissioner hyde. >> so would the people representing club malibu like to come up and present to the commission. >> hi. i --

>> will you make sure you speak into the -- >> hi. thank you for having us. i'm an cat for the club and representing here on the club and the views of those. >> >> who benefit from the club, not only the employees but many other objections that the club supports. now at this point and to speak frankly club malibu feels that it is being unjusticely targeted by some of the neighbors. club malibu has done far beyond that which has been requested from the neighbors and mandated by the government authorities. the club's building has been sound proofed with the state of the art components to lessen the noise and install a meter that worked well. in addition there have been many improvements and install 16 security cameras and two outside, increased lighting, more security up to five guards when the city requires two, remove sale of glass bottles

which was done voluntarily, sound proving of the walls and closed by eight pment so the sound doesn't go out. service stop at 145. actual business starts at 10:30 p.m.. actual business means the time that patrons start walking in, so i want to explain to you and so that you understand just because the permit says or the club is allowed to open the doors at eight or nine or however early it is business doesn't really start at that time. it starts much later and that's a very important point you may want to remember. now also over half of the employees are gay, lesbian or transgender. the other half are single mothers who make a living at the club. patrons are latin american with latino

disent and supports a single mother of three and two minors and group of employees that i mentioned and actively supporting several not fiduciary profit organizations. >> >> not-for-profit organizations in the mission district. this is an organization that supports the lgbt community by providing health services and services to those that cannot afford it. club malibu is a form of art to the community. those that wor at the the club -- got notices and this tax perpetrated -- [inaudible] end or begin with the recurring message and i quote "your customers are a bunch of gays

and prostitutes. this last one was yelled by one of the neighbors that walked into the club and demanded whatever this person was demanding at the top of her voice while standing inches away from their face. this issue we are bringing up because we believe no matter how much we do or changes that we do voluntarily or that you impose on us the bottom line we're targeted not for the allege said noise that seeps through the noise. >> >> but the clients that we entertain and who we support and the civic activities we engage in. the police have been to our properties twice in the last six months and the noise meter was checked and under the acceptable noise level. there have been

only improvements on our part. we request that you don't require more than you have already required. there was a mention of earlier this evening there was a mention of requesting that the music stops at midnight. if that were the case the club would not survive. this is a dancing hall and including those of mexican dissent. that means dancing. no music no dancing no club malibu. as i repeated before staff that i have with me and every other person that works there and those patrons that the club has the idea of supporting either by donating time,

resources, and the club helps many nonprofit organizations. keep in mind these activities that the club engages in and whatever time they are and the organizations they're supporting they're generating the noise that is so loud and absolutely terrible according to the neighbors, so one doesn't any with the other. i mean it's a dancing club and it has been there for so many years, so many years. now, if you please allow me to continue. if you request the music stops at midnight or any other time because that's the last thing you could ask for the club goes under. there is no way this giant machine of of livelihood of 15 families will only survive with music as the prinary attraction to 10:00 p.m. to midnight. they are working on the physical construction of

the building if that is possible and street lights and increase lightning or security or any act that interferes with the neighbors and with that being said please remember that the club premises has been there from the 1950's and well recognized within the latin community and has been the case for more than one generation, even before the current neighbors bought into the area and two, if the true reason of all the complaints and harassment and using the government session and subigating -- closed doors and sensitivity to most levels but hatred for who the club supports and provides for then there is no amount of compromising that will satisfy them doing the complaining because what upsets them i quote a again, all of the

customers are gays and prostitutes. thank you. >> all right. we have some questions. commissioner joseph. >> sure. hello. >> hi. so i know that your folks know i of out there a couple of times and i have done what i can to advise and assist in sound proofing and i am an entertainment representative on this commission and i know the importance of employment opportunities through night life; that night life employs more people than any other retail for square footage. i know the importance of giving back to the community and nonprofit but the reality is is that you have a noise problem, not a bigoty problem and if you think you have a big tree problem i'm sorry about that but it doesn't belong in this

commission. this commission deals with noise. >> respect -- >> let me finish. the building as much as you have tried and i know how much you have tried because we have been going back and forth for at least a year on this. you have not been able to contain the sound. it's the kind of sound that you can't contain, so you want to have dancing? that's fine with us. you just can't have base drums and you can't have instruments that emit low frequencies that pierce the walls or pierce the vents and go out and disturb the neighbors. you can't have tubas. you can't have trombones. you can't have drums that are not amplified. they're not ampliifiyers on these. these are instruments that create this noise organically because much the kind of

instruments they are but the frequency levelings levels of the instruments piece the building and the kind of sound proofing you have done thus far is not good enough to contain this level of sound, so you may walk out your front door and not hear any sound but if you go up the hill there is sound, and the sound is escaping your building, and that is a problem, so i'm not even sure -- you have a noise -- you have a meter inside the club? there is one and the police arrived and checked the meter twice in the last six months. >> is it digital? >> i'm not sure. is it digital? >> [inaudible] >> make sure you speak into the microphone see we can have this

recorded please. >> it's the one -- he's the one that showed us how to use it and every night we check it at least 30 minutes on how it's doing. >> and where in the club do you check it? where do you stand in the meter and check it? >> there were three locations i was told to check it in. >> okay. what are you're readings? >> it goes up to 99 or 100 or 102 and supposed to be up to 105 i believe. >> are you checking on the a weighting or the c weighting? >> c. >> and you're getting 100 on c? >> correct. >> do you ever go outside to check the noise? >> no. i wasn't told to go outside. >> okay. >> other questions? commissioner lee. >> 105 is quite loud. i mean i run a club or part of a club

that runs at 95 or 90 because if we go higher it does affect our neighbors in the back, so i mean what's the problem if we reduce the amount of level rather than reconditioning your license. >> we can definitely try that. >> another thing you should go outside with the meter and see if the neighbors are impacted because that's what we do if you say it's inside. 105 i think that's pretty loud even for operateons i think. >> are there other commissioners? okay. i have a couple of questions. can you tell me like on weekends what hours of operation you have when the bands start and entertainment starts? >> okay. there is a least one day there is no band at all. what is the bay there is only a dj -- >> i only want to know the time at this point. >> like on a friday? saturday? >> yeah, do you have day time

entertainment on fridays or saturdays? >> no. it all begins at night. >> all right. secondly have you -- i know during our conversations i suggested you go and look at loans to help you with the sound proofing so that you can do better sound proofing. have you done that? >> yeah. we put the sponge materials on the doors. all the doors have it and that's what the lady suggested and also we have put like the stuffing inside the bottom of the stage that you suggested as well, we also have sound proofed the walls. the only thing we didn't touch yet is the roof. >> okay. one of the other things brought up there's a lot of speakers in there and if we're getting 105 readings have any of the speakers been removed? >> yes. >> how many?

>> i believe three of them. >> so if you -- i go tonight where are the ones that will missing? >> one by the door it's not there anymore and the one on the other side. >> and i know a lot of the issue from the big hallow stage that echoed a lot of the noise and i am wondering what you did for that? >> yes it was [inaudible] >> okay. i have been getting complaints that the phone is not answered a lot of times? >> no. i can show you my phone no one has called or text and i always have with near me the cash register. >> finally. >> >> honestly i am sweating. the presentation took me by surprise i would like to say. i don't think i have anymore questions at this time. does anyone else? >> a number of the letters

complained that the musicians are practicing outside. how you have addressed that? >> we do have different bands but the wojs that usually go i have told them over and over not to do that please. the new ones that come in when they cancel i have to call someone fast i have seen them do it and i tell them stop, stop, stop. don't do that at all and i have seen them go to the car. okay. we will wait because they don't all go inside just to wait to go on stage and in the car and come in. >> so you have security outside? >> yes. he's spoked to is -- >> supposed to walk up the street. >> is the security guard advised of good neighbor policy and that bands weren't warming

up outsi the club. >> yeah. he's telling them don't do that. >> have there been sound checks in the neighbors one. >> >> apartments, the ones that are complaining? >> i had three visits with neighbors on one night and residential visits and i was told by the residents that the sound wasn't exceedingly loud compared to the nights it was a problem for them. it was audible especially base frequency. i think after that evening it was easy to hear that things were actually coming up from the roof. the closer i got into malibu the easier it was to hear the base frequencies and i stuck my