back in play and it may happen in december and it will be in january in the latest. and but, not only do we need to be in front of you as a commission but the staff as well. and that is another thing that has changed and i did this job for 14 years and i spent another 14 years in assignments and now i am back and we lost that continuity and he wants that back and we are having the problem with the permit officers, and there was a time in the past that we will have the guys that did it for 30 years and had constitutional knowledge and it was phenomenal and now we get the permit officers that rotate out every year, and that just might be the way things are, but we need to adjust to that, and keep that dialogue and that learning curve moving forward.

>> from all of history of what we have heard of the entertainment commission, we are trying to build a stronger relationship and we do appreciate that you are back and we have the different commissioners here than when you were last year. >> believe it or not, a lot of them have been here for quite a while and obviously if the commissioner joseph was here, we were here from the beginning, and of that whole project of creating this commission. >> right. >> thank you. >> the point is that, it is on both ends. >> excellent and that is great to hear and i will pass that on to the chief. >> thank you. >> commissioners, too, i think we can discuss how we want the parade of permit officers to look but i think that it would be helpful to have the topics that you like them to cover because i know in the past it was sort of incident reports and i don't know how useful the people felt that way and we can

do that again and i know that a lot of the discussions were really more of the things that they were seeing along the certain corridor and things like that and that will be helpful to them, rather than just show up and talk about what you talk about in your district and we don't have to get into the details at this point. is there any public comment on the police report. >> item five is hearing and possible action, for our permit applications and i will pass it over to the deputy director. >> okay. >> the last name. >> thank you, and good evening, commission. and i just want to add something really quick, and i know that at birthday girl, our executive director, did not have a report tonight and i want to mention that yesterday we did have a limited live performance workshop to called just add music, and it was not, or did not great attendance, but it was really good

information, and we are thankful to sfgtv for video taping it and we will put it up on the website and it is an hour long discussion about how to add entertainment to a small business, you know, some of the basics like booking acts and how to find music and the basics of sound system and that kind of thing and so we will let you know when that is posted. >> and then the other thing that i wanted to mention is that usually we have been putting limited live performance applications on a consent agenda, but for tonight, each one has a certain circumstance that i wanted to make sure that you are aware of and that is why they are not at this time. so kicking it all off, we do have the basement which we had last meeting, at 222 hyde, this is actually a place of entertainment permit that they the applicant has asked to continue and this item to december second to allow for the more community out reach. and so we need a motion to continue this item. >> is there... >> i am sorry they are not here

tonight? >> no, they... >> they have asked to continue because they are going to have a community meeting so they sent us an e-mail regarding that they have met with supervisor kim's office and the police and they determined that they would do some more out reach. >> i move to to continue to the next. >> okay. >> and move to the next basement. >> to the next. >> a second? >> i will second. >> same house same call. >> thank you. >> make sure that the police department, and and be advised that the supervisors have been notified. >> and i know that he told you that they have been notified, but the list department and the supervisor kim's office. >> yeah, so, this was a group effort. >> oh, good. this has all been coordinated.

>> so this is more, a nice discussion to have him do this. >> exactly. and he was heart he hadly encouraged by the police department to have a community meeting and continue his item. >> okay. >> and i can't do the same house same call. >> commissioner frost. >> aye. >> lee. >> yes. >> moshoyannis. >> aye. >> hyde. >> aye. >> perez. >> aye. >> tan. >> aye. >> yeah, okay. >> i hope that this gentleman is here, the nekd one will be edward sirias from oye managua. >> we have representative and this is a little restaurant at 3385 mission and they are applying for a limited live performance permit and they have had traditionally, and historically had some musicians come occasionally, to accompany the diners, and the music from that region. and they are now coming in to compliance and the reason that i did not put this on the

consent agenda is because engle side station sent the conditions and if you look at your police conditions, item two, or condition number two, we really can't do, so we couldn't just vote yes or no. >> calling that out. >> >> all right. do you want to just go ahead and tell us a little bit about your business, and why you are applying for this permit? >> well, it is just a little, and it is a little... >> go to the microphone. >> it is a little restaurant and what we do is that we try to get the people that want to place, you know, like their music and it is just not really that much and so we just let them play at the restaurant and they do the little thing just for them to get you know a little like i don't know, recognition, something like that. so, but they also play at the restaurant and that is pret where much what we do. >> all right.

any questions for the applicant? >> commissioner frost? >> so, what days of the week is this just kind of drop in or how is this set up? >> it is on the weekends mostly, that is the only time that we really do it. like around two hours, let's say from 6:00 to 7:00 or something like that and it is whenever like they can make it and sometimes they don't make it and sometimes they get, and yeah are yeah. >> is the music ap amplified. >> he has a speaker and he plays, there is not a microphone. >> do you have a monthly calendar of events that you can put out? >> like i said, you know, sometimes they show up and sometimes they don't. >> okay. >> so we really don't know, but, if there is a calendar, we would say on the weekends it depends, you know? >> i think that... >> one of the police conditions, is that you send them a monthly calendar to engle side station at the first of the month if you have more of an informal, you know,

entertainment, that happens, we could strike that but if you do plan ahead too, you know, that? your interest, to tell the station. >> all right. >> okay. >> well... >> sorry. >> you said to, if we wanted to like, make it like... >> well if your interest to let the police station know that you are having events in advance. >> yeah. >> but if you, you know, if there is coming, next weekend and you are not going to be able to have that advanced notice, that is just something to think about. >> okay. >> commissioner hyde and then commissioner perez. >> it is just littles, and it has a tiny space and a microphone like this. >> yes. >> by club malibu and so it is not really even like an entertainment spot and it is very, yeah. >> yeah. so, i just want to say that,

and then, did you do out reach to like the neighbors? and stuff like that? and telling them that you were coming into compliance? >> yes. >> yeah. >> can you explain just sort of how that went and what kind of out reach you did? >> he has been..., (inaudible) i do not speak the well english, (inaudible). >> we can understand you. >> okay. >> she said that she spoke to the neighbors around and that they were okay with the music, and they actually, you know, some of the neighbors surround the restaurant and they go to eat this. yeah. and so they are okay with it. you know? mostly. but we don't know about everyone. >> who will be responsible for

managing the artists if they are out of control or too loud, who is responsible for that? >> you will be tr the entire time. >> yes. >> they are responsible for the restaurant in general. so they will be responsible for that as well. okay? >> and what will be your policy if there are any or still not following the rules? >> communication and just talking to them. >> you are going to talk to them. >> and i don't know, what kind of like what do you mean? what kind of issues. >> all right, let's say that you are performing too loud, or

a nuisance to the neighbor or if you cannot control for whatever reason, yeah. >> what is the policy? >> there are people eating at the restaurant so we always try to keep the volume, you know, like not too loud, so that you know, it does not hurt the ear or something like that. and so it is, and there is, and it is never really like, loud, to the point where you can't stand it. >> if that answers your question. >> all right, thank you. >> and no problem. >> and a question to our staff and so i know that they are coming into compliance and so was there a noise complaint or what brought this to our attention. >> commissioner hyde and i worked extensively with club malibu three doors down there was conversations some indication from the club malibu, that perhaps some of the noise was coming from oye managua and they said, yeah, we have musicians but again, it is apple and oranges and a

completely different thing. >> this is a restaurant with a small entertainment area. >> and it close early. >> and just so out of curiosity, it is usually the same people every time. >> yeah. >> it is not like you are bringing in the new. >> yeah. >> and here we will find the two new people and usually the locals. >> all right. any other comments from the commissioners? if not, i don't know if there is anyone from the police that would like to speak to this and i know that we have the conditions in front of us. >> why don't you have a seat, thank you. >> thank you. >> thank you. >> any further discussion on this, commissioner? >> just looking at the police restrictions, most of that is covered in the good neighbor policy, and i mean that most of this will take out, and rather than i don't know if the cal

did hers. >> we have to entertain a motion. >> we discuss it this way, because it sounds like he is asking a clarifying question about is this a good neighbor policy. >> and yes, an answer to commissioner frost, several of the conditions are included in the limited live permit like they have to end by 10 p.m. and again, the good neighbor policy does cover quite a few of them as well. >> so any other questions or comments before i open it up to the public? and then we can take a motion after that. >> is there any public comment all right. >> public comment is closed ei am happy now to take a motion if there is one >> and feel free to amend, as you wish. >> i would like to move to approve this application using police, the good neighbor policy, as per usual, and the

police conditions number 5, number 5, >> you are, what are you doing with number five? >> i am trying to think, i think that i was... (inaudible) and so i think that i would like to strike 1, 2, 3, 4, 5, and 8 because most of them are covered in other things, the performances have to end by ten until it has been a year. live performances should not include the dj and that is not something that we can take away and that is the right of the permit. and of course, they have to abide by the entertainment commission's good neighbor policy and that comes with

every permit. and they are occupancy of 49 people, i believe is diners and i don't think that is something that is, you know what i mean? >> number 6, even it comes with the good neighbor policy and number seven, of course they have to follow the abc license and number eight, is the only one that i really would like to say that, if they should have any special celebrations, that that is when they should notify engle side station if you should have a special party or a celebration of some sort that might be larger. and than, it will be great for you to be in touch with them so that they can help. >> and so i would like to approve it and adding number 8. >> so, the motion is to approve the permit, and strike all of the police conditions, except for eight and h, is amended to

say... >> any special celebrations or performances shall be provided to the engleside station, one week in advance. >> but that is significantly different than a monthly calendar. >> you know what? i have been there and i don't think that this is a place that has a monthly calendar. you know? >> i was just going to say that i think that number 8 is not necessarily helpful. i mean, again it does not allow them the flexibility to add things at the last minute and i mean, i am not really sure why it is relevant and so amending it to bigger celebrations seems relevant. >> right. >> right. >> okay. >> yeah. >> great. >> there is a motion and there is a second and then we can do further discussion? >> i will second it. >> all right. and the seconded by commissioner frost, any further comments or questions before we take this to a vote? and i will just, advise for maybe the newer commissioners,

the staff has always said, you know the conditions that we apply to every permit, are then enforced by the inspectors and so the more things that we add on to them, like fire code and capacity, and things like that, are and we just have to think about is that really pertinent to the matter of the commission? and so these are great to strike and i think that as a note to the police officers that are here and to the permit officers, we do like to not duplicate things that are already said within either the permit or our good neighbor policy. and just the advice for the future and let's take a vote. >> all right on the motion to strike all of the conditions but add the good neighbor policy and notify the station of special or unusual events? is that right? okay. out of the norm?

>> how about entertainment, special entertainment events one week in advance. >> on that motion, commissioner frost. >> aye. >> lee. >> aye. >> moshoyannis. >> aye. >> hyde. >> aye. >> perez. >> aye. >> president tan. >> aye. >> the motion passes, congratulations we will move on to our next permit, which is kell's. >> all right. so we have paul mcaleese and this is at 530 jackson and applying for a limited live performance and kell's has been around a long time, and it is in the north beach and really draws from both and some the past we have had a few noise complaints, central station has had a few noise complaints as well and central station does support this permit, but, i think that the officer is going to want to explain the concerns that he has in a little bit. but at this point, let's bring

up paul mcaleese. >> >> hello, so as you can just tell us a little bit about your business and why you are applying for this permit? >> actually, i didn't even know that i had to do it because there is a comedy club that used to be around and they got kicked out of there or he got kicked out and so they are using my place, and it is a comedy school. >> okay right there. there you go. >> all right. >> and so, they have been using it and that is how this came up. that they said that you need to have this, if you going to have a microphone. >> what do you do? it says comedy and anything else? >> no. >> it also says music. >> okay. >> and we have always had the music we have had the music since we opened and we turn the stero on and we never had to have a dj just the bartender put it on or whatever, or the

hip hop or country or irish music or whatever they want. and i mean, that i would love to do the irish music every night of the week, like in seattle and do it 365 days a year and nobody wants to listen in the financial district and we tried and it just did not work. to avoid the back and forth, with the police could you tell us about the history of the noise complaints. >> i used to be the only one that lived in the neighborhood and because when my wife and i moved in she goes that you are crazy, we are living in the financial district and they have the stock exchange when we still had it. and there was francis ford copula and a cfe and an apartment upstairs and now they have a hotel next door to us and there is more residential opening up in our neighborhood. and the next door neighbor actually, i have a good relationship with them. and the guy that runs it, and

this guy mccallister and the problem is right now i don't have the air-conditioning upstairs and we have had two years of a run of hot weather and i was actually in the process of trying to fix that and put it in and i have a unit in the base sxment now i have to put a unit upstairs and so i have got the bartender says that if i am not there someone will run over and open the window and that is happening and we have the two windows on the side and because there is no one there before, the only neighbor to complain would be my wife. and that is, that is what i am, i mean literally. >> and so it sounds like it gets too hot and you open the windows and the sound leaks out. >> yeah, and i will, and sometimes the bartenders do turn the music on and it is no benefit to have it up that much any way and i told mccallister that and he said neither, and they are doing, the booming business next door and so they are full up and my problem is that is why i opened up in the

financial district and i understand that the things are changing or whatever, does that mean that i get a permit? >> we will see. >> any comments or questions, commissioner lee? >> i think that the big problem is just you are outside, because i have gone past your place, many times, and the sidewalk is completely congested and the music is coming out and i can hear it with my windows up and it is a matter of trying to work with you to have less impact with the neighborhood. i know that it is a small place and it is hot and the people are smoking outside and i almost ran over a couple of the customers. >> later in the street and that is what the neighbors loved when i opened up and they loved the fact that there were people there and the clown alley and he paid off his last divorce with that. you know, and i mean, that there is, and i mean that it is part of the new fabric obviously, and the bubble lounge around the corner and the people in line and they

have the clear sidewalks and when you have the extra business like that, you do impact the neighborhood and we are here to try to help. >> i know, and i am all for that and we have a nighttime, and we have the guys come out and say that you can't stand in front of the place and now we have the back up of the police and you have one minute to clear off and we have a lot of people from all over the world to come into that place. >> you do great business. >> and the different languages and the cultures and like the... >> and the japanese restaurant on the corner does well and that block is packed and you think that we just need to work on the good neighborhood policy for them. >> no problem at all. >> commissioner moshoyannis? >> just a couple of clarifying questions. what is your occupancy? >> you referenced the fire department, but, it does not say the fire department. >> upstairs, is 207 and down stairs is 99. okay >> so a total of 306? >> yeah. >> and then, how often are you running at capacity?

>> well, hopefully, i mean that you never, you never get it, and it gets full and it never gets that full and it is impossible to get it that full, just because there is a, the bar area is not that wide. and so, we could probably get, and the reason why we got such a high occupancy is because we have two different exits and usually for two hours on a friday and two hours on a saturday night, if we are lucky. >> okay. >> and then, so, short of kind of dealing with kind of sound mitigation through the windows because it is hot inside, are there other things that you can explore doing to kind of dampen the noise? >> i will put in the ac unit as long as the windows are shut, they are, massive and >> and so you have already done that? >> yeah. >> when was that done? >> it has always been that way. and the windows have always been there and we leave them open. >> no, the ac. >> oh,, i have not put it in yet and that is what i am

saying and i talked to mccallister and we give him the mobile number and i say look if it gets noisy, i will make sure that the windows get shut and i will tell them to close the windows and i am usually there and so that is what i have been doing, and so he actually text me this weekend and says that the windows are open. >> it sounds like it might be time to start investing. >> yeah. >> into an ac system. >> yeah. >> thanks. >> commissioner perez. >> and thanks for coming in, and how often are you planning on having the entertainment, is it on the weekend? >> and it is the comedy, and whenever the school does their little classes. and that is when, they do, and we don't run it, and it is run by i don't know what it is called. >> and they are little, like some comedy, and so we just give them the space. >> okay. >> but you know that you are responsible for, whatever happens in your. >> yeah. >> and i mean that it is my insurance. >> and yeah, they know that too. that is why, you know, >> and ultimately you are responsible for this permit?

>> correct. >> and you can tell, and i know that you have, and this is here, and your community out reach and you need to tell us, how that took place, and who did you talk to exactly? >> well, mario and the cafe, and the guys over at mocha and i talked to blake up at bics and i know well and the guys from (inaudible) more and i talked to all three of them. >> did you talk to the actual neighbors or the neighborhood organizations? >> those are my neighbors. >> i mean, the residents? >> honestly, i, i don't know, we don't have any residents, it is a hotel next door and a lot of the people that stay in the hotel drink in the bar and so they are the ones that are standing on the street at the end of the night because that is what europeans do, you know, go home and a lot of them live in it and they stay in what is called the sro next door to me. that mccallister owns. >> okay, thank you.

>> commissioner, hyde, do you have something? >> all right. no? >> well, go ahead, commissioner? >> provided that we give you this permit and could you explain to me, how we are going to fix the outside, with the people, and do you have the security to help you out. >> and we have, and it is fixed and i mean to... and it has gotten better and they are just so nicer and it is harder to convince the people that i have the right to stand on the street, you know, and then if, and then have you to have the door guys come on and say that you actually have the right because the police told us, you know, i don't know how legal that is, you know, the aclu is going to come out or who. >> and with the permit now, and the good neighborhood policy, you are responsible 100 feet from your door, you know? and so we have to clear. >> all the way down to (inaudible). >> you know, whatever, and you know, and a certain amount of responsibility, and i have no problem doing it. >> it is when you run into the people and say, hey, i am a lawyer, for so and so, and we are in the city.

>> we all run events on the other side and we go through the same thing but you talk to them nicely, they will move. >> okay. >> there are people living up there and they are trying to sleep. >> yes. >> and you will just have to talk to them. >> a lot of times, we will turn the sprinklers on and a lot in the large, and just gets to that point. >> and one other question and so you have it and the music run by a dj or all par... >> bartenders. >> that is loud. >> too cheap to play for a dj. >> commissioner hyde and bring up the police after that. >> so i just wanted to, go over the good neighbor policy, and you will have to have a phone in the bar that is for, and that it can be answered at any time when your permit is being used. and also, it says, that the establishment will provide adequate ventilation in the structure and such as the doors

and windows are not left open for the purposes of the noise emissions from the premises. and there should be no audible noise outside of the establishment to bear the daytime or the nighttime hours that violates the code, section, 49 or 29..., oh, yeah. so there is no sound from the establishment that will be audible inside of the other residences and businesss that violates and so there is a lot of things that getting this is now going to demand of your business. and you have to make sure that with, and in 100 feet, that you clean up. that you are responsible for cleaning, and you have to make sure that you are not blocking the sidewalk, and these are all things that you are going to take on with this permit. >> you see, i live in that building too, and i live upstairs and so the front of the building is big.

>> i realize that and you have already said to me that there will be issues and that sometimes you will have the lawyers saying that, oh, well, whatever. >> and i mean, that i should not have said it, correct. >> it is the guys talking but, of course, i don't know if they are a lawyer or not, and i don't know, and i am an immigrant, and i have it ten years ago and i don't know it, and someone says that they are a lawyer, you know... >> okay, but you are... >> yeah, the point is now that you are bound. >> the other, and the reason why i am getting this permit is so that these guys can do their comedy thing and i really, i mean, i really don't need it. per se. like, they even told me, and i thought that they were going over to the doc (inaudible) and i thought that after, and dock richards was getting renovated and they are still there and i, and that is part came up. >> and you are the owner, of this venue. >> yes. >> and do you have allowed this third rt