any questions? >> all right. >> your security team and you have one or two on the weekends who is in charge. >> right now i am in charge of that but we are going to have an extra security person, when we will, and when we have a dj on the weekend and so at least we are going to have it, and on, i am going to consider and on the night clubs and so i think that that is, that is the what i am going to do. >> are you going to have one person who has more experience? >> yes. >> is there a supervisor? >> in other words, if the police come, who do they deal with? >> yes, we will have the supervisor on the week ends. yes. >> so what kind of training are you expecting out of this supervisor to have? >> i expect the supervisor to make sure that, you know, there is no noise coming on from the outside.

>> and you are... >> are you training them or are they actually, worked for another company that trained them? >> well, no, they, they have... (inaudible) and the person who works got the experience in the industry. and he used to work at the two clubs before and is he working as a 49ers right now. and so he has the experience. >> so he is going to be your so-called head of security. >> i mean, she could be, but i am trying to find out, you know, the experienced person as possible. >> and so i think that part of it is i am sure that the police would want to know what was your experience, person? and i think that at this time, you don't have anybody. >> well, because we, and i mean, because we don't have any, like in the license yet, and we will just operate as... >> i understand that, but if you know that you are going to get a license you should have these things lined up like who is going to be your future employee, if you are going to have a restaurant i am sure that you know who the chef is going to be. >> right.

>> our thing is that the responsibility of the club owners and like in the past everybody assumes that because you have the license, and you are entitled but i think that because of the a lot of issues have been a lot calmer these days is because more owners are taking responsibilities of their business. >> and so we just want to make sure that any license are passed that you have that same ability or want to be responsible. meaning that the staff that you have, you know, is competent enough to handle the crowd that you want to bring and has communication with the captain. >> yes. >> i don't hear what it is going to be. >> you mentioned someone that worked at temple? >> yes. >> and did you know, have you hired them on? who are they? are they just consulting with you? >> no, there is a reason, no we hired, actually one security person at this moment, because we are required to have security out, and saturday. and so, we went through a lot

of resident and thn the person who actually told me three blocks from there and so he is very reliable and he has a nightclub experience, and he is is working at the 49ers games as well and so he was our main guy and he is very, you know, customer friendly and so that is what we have right notice. >> you are just running as a bar is that right. >> yes. >> have you played music just on an ipod. >> yes, we do. >> and have the neighbors responded to that? >> we have not had the complaints and obviously the residents, in the outer bar and i mean that they, they frequent the customer and they come down, and on the time and so they are really supportive and they really like that, activating the area. >> okay. so, do you have any affiliation with the previous owners or any previous iteration of what 222 hyde would? >> no. >> because i think that you know, a lot of the concerns

that we saw were about the previous owners, >> right. >> and we tried not to hold, you know, we were able to standard for a relationships with the neighbors, but, just because there was a bad owner before it does not mean that it was yours and going to come in for the same thing and we would like to give you the benefit of the doubt and make sure that you have all of the things in place to alleviate all of the concerns. so, you have no affiliation? >> no, i actually called it (inaudible) kim for the advice and stuff, so i could be contacting. >> have you sent your volume at a certain level and i guess can you tell me about how you have they have the meters right now and we don't have any bass which is where we will want to have the dj and so it is only medium and high, two small

speakers down there and so it is not that high. >> are you upgrading the system. >> yes, we are getting the couple of several first from they are coming yes. >> okay. >> and it is sad that our residents sound expert is not hear tonight, because she could speak a lot more to that, commissioner lee, could grill him on the sound, but, i think that he will, and we will obviously do a sound test if we get the permit and our bass is the number one thing that we will explain about and i think that you really need to be paying a lot of attention. >> we were talking to sam, and (inaudible) and they are the number one, and saying that it is a frequency and so we tried to do anything and we got the good and great ideas from the steel beams traveling to the wall, and then there is a (inaudible) between our like

where we put the (inaudible) we are not going to have the door opened and not going to allow to have the customers go in there and any other noise related we are going to talk closely, and monitor them and try to do all of that. >> and i think that your sound that you are ordering is kind of a huge compared to the space that you have. with that kind of sound you have to be careful. >> sure. >> easy to jack it up. >> yeah. >> and the reality is that you may not, be able to use this level of asystem to a full capacity you understand that. >> yes, >> can you tell me about the type of programming? >> is it every night? what type of music. >> sure, on the weekends and only on the weekends and we will try to do the weekends only, so far for the house music and i don't know, and we

will try to do some and we will combine under the comedies, yeah. >> okay, i think that it is a great space from what it has been in the past and so it is nice to see a new life in it. and so, i think that you know, we are going to hear probably some neighbors now and actually we are going to hear from the police first and then we will hear from the people that may, i would get to you. >> and my point is we want to avoid seeing you up here because the neighbors say that you have not done your homework or follow through. >> commissioner hyde, how is it going? this is filed, and you filed, 7-29-2014 is when we got this permit in the office? >> and then you needed all of these extra weeks to do neighborhood out reach? >> no. >> it says 7-29-14, signature

of applicant. >> oh,, they actually came in early october. >> same with..., and filled it out. okay, but, so, i wonder why it took so long to do the neighborhood out reach. >> actually we did, go out for like the abc license we did go out and talk to the neighbors a lot of times and every time we went there and he said that the last time, we in the 7 out of 8 times, i do regret that i did not reach out (inaudible) and i know that they were going to

oppose for me, so i am trying to, you know, to, well to work together really closely from now on and i am not going to make that mistake any more. >> i am wondering what it is that you learned from your discussion with the neighbors >> it is not what i want and it is not what my passion is, it is about the system of working together basically, i learned a lot about those things, and then, you know we have a lot of support, but also, i learned that but i am going to try to do my best to make sure that everybody can have some (inaudible). >> commissioner frost. >> we heard from the commissioners that are experts or have good working knowledge with the sound system and it sounds like the sound system that you purchased is amazing. but it is like an over kill for

this place. who is going to control that, when it gets turned up who is going to be the sound board or the person controlling that. >> i will be there all of the time. and we have the sound in here, that he is going to put those in already. and in order to limit us, in the amp but he is going to put the meters and set it up. >> and we will control that. >> and so the limited meaning that? >> it will allow, yeah. to move to the red light, and it does not go to like crazy. so the dj does not play loud. >> you talk about the security guards that you had and the security at a 49er game is totally different than what you are asking of somebody and it takes a real art to be the door man at your premise, was that person there at the community meeting. >> yes, he was. >> heard the concerns. >> yes. >> thank you.

>> any final questions? if not, we will have the police officers come up, or anyone here to speak on the police? >> yes. >> captain? >> i am the captain of the police station and just a little bit about my philosophy as it relates to the station, 0.35 square miles and over 25,000 people, a vulnerable population and over saturated with alcohol licenses and you know, understanding that we can't arrest our way out of the problems in the tender loin, what i try and do is encourage positive activation of empty space and react vasing of spaces that have poor systems, and also, prevention to the firewall design and recreating some of the opportunity with

the space facadeand beautification and we have success in that that area. i support that for a place that has been dead, especially in that difficult corridor that 20 block of hyde and so naturally i was pleased when i learned that someone will come in and open up a space, that being said, we have a few miss steps that i have learned about the space if you bear with me, i want to walk you through the journey that we had with the applicant here and so you kind of understand it and what our perspective is, and when we provide you with the information you can make an informed decision on how you want to proceed. >> it was a year ago that mr. livington introduced the idea, because of the history of the calls for service and the location and a lot of problems there. and in particular in his experience which cannot really be overstated here, and you know, we chose to request, and

only on the abc license that there was a six month, trial period, where they and the alcohol license would have to shut down at midnight and we understood that this was something, that abc would probably deny because it was not one of the statutary conditions, the reason that we were asking sfo 6 months is because we don't want to see this fail, we want to see him move in here and he want to be is that youer we represent the public safety interests of the community because we knew that it had a bad and it had a bad history. so, moving for ward, we went in for a pcn committee and at which time, mr. livington he revealed, and this is despite many meetings and discussions, e-mails, that he will be pursuing a type 48 license, and for those, for the people who don't know what a type 48

license is, very different from 41, which is what he is secured which is a beer one license, 48 is a full spirit's license and a 48 license into the tender loin is a very, very big considering the over saturation of alcohol in the neighborhood a lot of people were disturbed that no one knew about this, when it was revealed in this public forum and very soon he abandoned this pursuit for the 48 license but i wanted to note that this was the first and a few surprises that we had during this journey that we have been on. and at the pcn hearing, it was suggested that mr. livingston before a decision was made on any recommendation by the committee, that he go out and perform adequate and complete community out reach. so in response to that, he secured a consultant and

engaged me to meet with my community advisory board and my community group and put on a presentation and you know, which was fine. and you know, just did the out reach. we come to the license that we revisit the idea that we want to have some key for the tender loin station and as you said the commissioner when the police come and then, when like i said i deal with a vulnerable population and we will be held accountable them and i don't want the police to come. like i don't want there ever to be a time when the police have to come and deal with the security because the system will be good enough. right?

i was not here at the last meeting but from i understand, there was a suggestion that he meet with the captain and we convene a meeting and do some more out reach and you know, we have a discussion about revisiting the conditions or limited live. and now, around that time i was and i received the e-mails from the very next door neighbors to 222 hyde. and so, you know, a little, historical background of the police department, we don't audit applicants to see whether or not they have completed their out reach. we take them at their word and we give them the benefit of the doubt as you suggested. and you know, if they say they did the out reach and we see some, we assume that they did the out reach and so the 200 block of hyde was contacted by the applicant and this is the very block that this man is moving on to. >> and so when we sat down and asked them, tell me why you did not meet with your next door

neighbors, his response, you know in the room with me was my permit officer and he said this stuff here but i want to make it clear and paint the picture for you the reason that i did not meet with my neighbors is because i knew that they were going to protest the license. and so, this is so, this is kind of another misstep that i am seeing that we have not embraced the, really the culture of what this whole process is all about and in the spirit of good neighbor, community building. and so, i suggested after i heard this, that he meet with his neighbors and he hold an open house and we reach out to everybody in the tour group of hyde and bring them in, and i had the lieutenant and he went to this meeting and there was a dj, and they discussed some of the noise issues and he while he was up here talked about that meeting and i know that the people since april fools residents of the next door building are here to talk about

that so i will not go into too much, but it was interesting here is that he sent an e-mail to myself, and black stone and the permit officer, and you know, describing the meeting with the people on april fools as a positive and a good positive meeting. and the description from my lieutenant is very different about that meeting. and it, and during it, and in the e-mail that i got from my lieutenant that he describes a moment where mr. living ston expressed that i had already approved, you know, moving forward with the place of entertainment license, which is disengine inconsidering what was given by the entertainment commission, moving forward out of the last hearing. so, one moment.

>> so this wrap this up, he is not to my satisfaction, addressed the community concerns of noise. and there has actually been complaints about the noise at 22 hyde already. and i don't know if he is aware of that yet, and that is documented and that is unclear that if the space at 222 hyde is appropriate for a poe. and whether it is clear is that there have been, and continued to be some serious missteps by the applicant as shown by not having a real battle with his neighbors until a full year after he has begun this project and this may be that he has a little experience in running a bar in san francisco and this kind of a project. so, you know, with that i will

take any questions that you may have and i thank you for your time and i know that this is a long one and thank you for bearing with me. >> thank you for being here captain. >> i also have the e-mails that i would like to submit if i may. >> yes, please. >> i will take commissioner moshoyannis? and then any others after that. >> so, one of the conditions listed here is and we discussed this two meetings ago, the whole notion of stopping sound at midnight. and there did not seem to be any kind of resolution. >> yeah. >> and so i..., yeah. >> what i would like to make clear is that the recommendation of the station is not to approve any place of entertainment license at this point and that we would consider, and going to the discussion with him about a limited live. and but that is our position. and we would like and i submit this information to you so that you can make an informed decision on how to move forward.

>> could you explain why limited live would be better here would be better as a place of entertainment. >> and i have been educated by him and what i would like to do is bring him up here and have him answer that question, because i think that he will be able to represent our discussions since the last time that we, or since the last time that we spoke to mr. living ston. >> officer torres? >> good evening, commissioners, and to answer your question, we think that the limited live performance permit would be more appropriate for this location. and given the small proximity and the way that the buildings is structured which impacts the neighbors at 234 hyde street and if you want, you could let them speak on behalf of what the issues that they experienced with this. >> yeah. >> and they will have a chance to do that.

>> it is because of the size and the neighbors. >> it is very residential? >> it is mixed use. >> again just to be clear i would like him if he could move in there and succeed and work with the neighbors, great. and so, go ahead. >> so, one of the things that i did wonder is, is there a difference since it has been not in operation, has there been more and up swing in crime in the area and stuff like that? i am wondering if this activation has helped in that way at all? >> well, i will say that when he is, when the basement is opened, there is a you know, certainly when you place a guard out in front, the responsibility moves out into

the neighborhood a little bit and you get a little bit of a buffer. but, it is a little bit of a, you know, a give and take, because then, then you have another public safety issue with the noise. and as far as crime goes, the type of crime that is happening on that block, it is not really reported crime, it is more of that negative activity that we all know. >> i wanted to be sure that it was about the size of the space and the fact that it seems that noise will be hard to contain within the space. it is your concern? >> that is my concern. >> and to be clear, you know, this is something that if the limited live worked out for a while, and we were, you know, and we developed a good relationship and the neighbors want to come to the table and that is something that we can build on and at some point come back and purchase pursue a peo. >> we can't convert that into a limited live? but we could condition it to make it laog like a limited

live. >> it is up to the applicant to request that of us, so we have to take what is before us today. i hear your concerns loud and clear. and i think... >> the question. >> yes, and so i just have one more question, i just wanted to ask, what was happening as the, where is my note? so, at the pcn hearing. i know that there is, and i was told by jane kim's office that there was a lot of did hes creptcy on what was agreed on then and then what sort of was moving forward. and i was just wondering if you could sort of give me a little more background on that and. >> and so i learned about that recently, there was a discussion between jane kim's office and this is related to me third party, from what i know of what happened is that there was a, there was kind of a handshake agreement between

the applicant, and supervisor kim's office, where they would agree to close at 12. once the, it was it was kind of sided that abc was going to over rule the suggestion of tender loin station, and the pcn, and there was no need to care or to follow through with the handshake deal that had been kind of agreed upon. >> okay. >> so, yeah. >> commissioners? commissioner frost? >> you talked about noise complaints, do you know specifically the noise from the music that playing with his ipod right now or based on the crowds, and the human noise or whatever gets made from the normal bar? >> it is the music. >> it is the music. >> the music now that he is playing. >> yes. >> and then, i think that he did kind of say that have the meeting was lively, i don't think that he said that it went really well, that community meeting when he got up here.

and so i think that, i agree with you that he tried to kind of glance over what might have happened. at that meeting and then you talked about the meeting that he had with the supervisor kim's office. with the kind of the handshake agreement. and going forward. depending on what we do here, it sounds like there might be some type of miscommunication, and so if there is some type of an agreement, it would make it easier for us, if you know, he could get something written down and then initialed, so that we know that what has been agreed to and we know as a commission that when the people come to the police department, they are willing to agree to anything, to get you guys to write up, like you did this approval, which you have rescinded that is what you have this thing that we have in the binder has been rescinded. >> it would make it easier for us and i don't know how much

work it will be for the permit people, but supervisor kim's thing but to write down the bullet points and this is what we have agreed to. >> commissioner lee? >> it is, and the outside lighting, is there any, and i mean that it is to light up that corridor but if the business is not there, it would be another dark corner in the tender loin? >> it would be dark, unless the, and i can get the property owners to keep the lights on at night. sometimes we have it and we put the extra lighting outside to kind of for the public safety reasons, is this, because i don't and i am not familiar with the space really. but, does this have adequate lighting in your opinion? >> i have not done environmental design or an assessment of the outside of that premises, yet. >> okay. >> and so i can't answer that question. >> okay. >> and on the street, i can tell you that. >> it is a dark street. >>? activity and having the business open and having the extra lighting, would help, you

know, maybe, you know, i told the statistics for this location, before, after, and now. and i can tell you that the statistics show that the calls for service completely dropped like 60 to 80 percent when the club was opened. when the club was opened, we would have an average of about 30 to 40 calls for service, at that location, or that proximity area and as soon as the club closed down, the calls for service, dropped as well. and i have a photograph of the front of the business and if i can show that right here and you can see more or less, what the area looks like. this right here, is the club, and as you can see, there is residents right up upon and on the left-hand side, you have the folks that are protesting

this application which is the basement, and the basement noise creates a lot of noise this this building, and you can see that it is just this area right here. >> okay. >> i think that to the right is an empty lot. >> okay, thanks. >> working on that lot too. >> are there any other thoughts from commissioners or questions? >> if not, thank you again p and i think that we would like to hear from the public and then, the matter will be with the commission after that. is there any public comment or anyone that would like to speak to this matter, please come up and state your name in the microphone and let us know your thoughts. you have two minutes. >> my name is sam deny son and you have heard my name before, i am a next door neighbor and i

will give you i run down, i met him a year ago and gave him my card and said cup of tea and talk about your plans are. >> he told me that it would be a beer and wine bar with limited music, great we will have someone there again. >> the reality is that i did not hear from him again and i heard from the neighbor that there was a liquor license and that i should go it that and i went to that and found out that he was planning to not for beer and wine, but we wanted to go for the hard liquor and i said give me a call and let's see what we can work out together. >> i got a call from the consultant and sorry that we did not contact you and i will tell you about the next thing that we do, that was the last that i heard and i regularly stopped by and said let's talk about this. my own experience living next door when the 222 club is open is a constant ongoing, throbbing and the reality is that our wall shares their walls and ou