kicked out of atmosphere. the subject resisted arrest and follow the police. officers went to the round with a suspect and finally able to place him in handcuffs. one officer's wrist left wrist was broken during the incident. the subject was extremely intoxicated. it was later learned the subject had a warrant and was on probation. so now we've had two officers injured that are on disability from incidents coming out of atmosphere. another one this a couple minutes later: within minutes of shots were fired on a 300 block of broadway. numerous officers were in the immediate area and a broadcast of vehicle suspect description had [inaudible] brochure. that was lost in the market of [inaudible] the suspect vehicle caused a hit and run accident no victim was located from the shooting. at the end of the of her summary ofc. christiansen stated one of the subjects had just exited atmosphere just

minutes earlier. then it talks in the summary about the resources of stars that night. a unit from the northern district response well but with broadway. southern and [inaudible] units had handled the important or the priority calls and sent. it was so bad that night that we had to have the other district stations and officers into the central. the swing [inaudible] to search for all specs maintain a splicing search for witnesses to the victim below and eight in the related accident investigation, written simmons and collected book evidence. there were numerous calls for backup in the district. other fights of the seller would broadcast the central units were unable to respond. i'm just assuming people were covering the district were able to go to that. so, was quite an active friday night. that is it for the summary. [inaudible] from the ale you is going to address more issues as far as atmosphere.

>> commissioners, commissioner frost >> be so the question. the mta officer yell visit somebody got guns. did he actually see guns? >> yes he did >> he saw people with guns >> i saw atmosphere had a [inaudible] >> they do >> and there were so guns inside? >> yes >> thank you >> the next night was there some type of activity from the police department that went back to that club to kind of monitor it? >> the night after that incident, >> yes and that's what [inaudible] is going to address >> okay, cool. thank you. >> commissioners, [inaudible]

welcome back we are glad to see you. glad that you are with us again. so, ofc. [inaudible] spoke briefly about what happened friday and that limit clarifying cases any confusion. the city employee that was in there was actually off duty and a guest of the club. he has happened to be also that it was a credible witness in a person was articulate and happens to be a supervisor for mta. so, unrelated to what happened friday night, we had planned an event to visit atmosphere on saturday night and it was a series of agencies involved. in short, what i can tell you is that the were various abc violations are located or

identified. the were various fire department violations identify. we had security guards that did have garden carts. we have an owner who's hiring security without a state license to operate a security company. we brought in some additional state agencies who found employment record violations, insurance violations, and i think as a whole, for that night would basically came out of it was to be licensee, core owner was cited approximate in excess of $100,000 in fines by the state of california. he was given a stop order to seize business. effective that moment. so the club did close saturday night while we were there. it close at approximately 1:00 am. what we had done early on in anticipation of trying to

manage our investigation while allowing him to operate that night, because as you can imagine the logistics -- we can't really do what we need to do unannounced or unannounced and we can't really do it when they're closed because the scope of this best addition was the multiagency perspective. so we had to wait till they opened. for those familiar with the club is based the two zones. this a fun zone or lower-level menu club steps to another zone in the back. what we ultimately did all the interviews of all the employees were done in the back section. we subsequently allowed the front section to open and operate. you know, cannot ongoing opportunity to cooperate with licensee, we could allow the front. to open and i can tell you that all of his gas in his line were accommodated. it wasn't like the were people waiting outside to get in. so, you know for my

balance point of view it's not like from my perspective he was being unjustly inconvenient. unfortunate, it's uncertain what can open up everything? when can open everything and pretty much what i told withholding as of right now, etc., is your lack of information. he was holding this up because every question we asked we could not get a direct answer whether loan any document should documentation is poor little answers we got. so, this is ongoing document investigated as a quick stop shot what resulted. this will be coming before your commission sometime in the near future. as well as other ongoing work related to this promise and i think was particularly unfortunate is about to be back for sure. of time but i know everyone involved, your commission, you folks your staff the police department captain was our

purpose permit officer mathias everyone is try to work with his licensee and everyone hears what they want to hear but they don't see any meaningful change in the operation. it's gotten to a point that the department felt we had to go in and just observe everything going on. that is where whereat saturday night. >> when you talk to he's close down in your experience? how long will that: >> like. so where it's at -- all speak specifically to those issues -- the stop order was based not having workers compensation insurance or proof of workers comp insurance. we licensee insisted he had it. today's tuesday we still not heard back from him. i talked to the department of employment development of the state of california today. they're not heard from him. it just seems

to me find some common sense that if in fact he had it he would've had it to us monday, guest jason wants her back. with going to be critically, get it for him is to get workers comp coverage. the dev employment records. so that the brokerage can give you a price based on the number of employees you have and what they make. that's all i'll workers comp insurance is dr. better that appears to be available. so, i think it's time that this particular licensee, he has chosen just run his business the way he has chose and in violation of this commission's rules to the city and county's rules, and up to including state and federal laws. so, to answer question specifically commissioners if he can get workers compensation insurance he can reopen. in the meantime, keyword any other officer of the company can operate the business right now because under state law owners don't need a workers comp insurance. soapy choses to

reopen he could to get any kind of large crowd that would raise a problem with your permit because it would require security. so those are some decisions he needs to make. so >> so what you're saying is he could reopen until the people they'll be able to work there are officers of his organization >> correct >> but where we stand now and it's what were talking pretty candidly tonight all work is done at this point now just a matter of assembling it and putting it in the hands of proper bodies. honestly, the entertainment commission being one of them. there are numerous other agencies there will also be looking at it. >> i know you said even before this incident the night before was artie planned. i know they haven't been by far the best practice venue for us, but whether certain triggers that cause you to [inaudible] agencies,

>> absolutely. i think is one of the first tasks assigned to me when i returned to the and. [inaudible] publicly about this with acute key business in all my years of doing it the way of extraordinary documentation of chronic and consistent bad behavior where there are serious injury. so, i can't tell you how confident i feel about this case but i've no doubt you know when we bring this forward, it will be absolutely overwhelming evidence to support whatever action you guys choose to take. >> thank you. i don't want you to diebold anything you can't. just curious because i think there are other sort of that apples that you may be weeding out there just curious if we should know when those will come about. because we get our incidents in and you hear them on a regular basis but sometimes we bring them in. sometimes it's you guys taking

more of a heavier hand. just kind of curious what you have to say anything more. i think that clarifies >> i would just like to add a couple things. i have been talking to the director today. i would like to come up with a way that when appropriate, your staff can be more involved with these things. i'd also like to add that, the long-term goal of this lease and the police department perspective, brascan business to manage themselves. and if they don't we will step in and are going to like the way we want to manage their business. so, what were hoping is this sets the example that i don't think licensees want to come us to come in there and we don't want to comment. i think so point when i trying to be heavy handed. this one operator just ignored everyone across the board just kept doing it his way and that really brought the focus in on him. >> great. thank you so much. is there any public comment on the police report to us, i

don't see them. the commenters) ubuntu item number six. no, five. which is permit applications. i will hand over to our deputy director. >> good evening commissioners and good evening president can. his cayman [inaudible] director what i want to let you know the ocean avenue applicant second before you last time we had [inaudible] fog lifter café and on that love anyone that will come before your next meeting but they are kicking off their musical sunday event. the monthly thing on january 11 so i can pass this around for you guys if you want to help out the ocean avenue association. so our first one tonight is familiar very livingston doing business [inaudible] at 222 hi. this application is been continued three times at our last meeting. you may recall capt. [inaudible] of tenderloin station actually requested that this permit be denied. in the

two weeks between that meeting and now mr. livingstone has been working with mr. remi here and they've developed a robust security plan. there've also been working with the neighbors as i understand and tenderloin station has said conditions and approval. you will find those in your binders [inaudible] alternative to mr. winnie >> president tan, vice president height, commissioners bud remi. i'm here with very livingston but i was that you brought in after last meeting a couple weeks ago and you should have a little booklet them to go over it but which is passed out a two-page resume for michael spearman was us security consultant i've known for quite a while. he's sitting in the back room next to [inaudible] from the mayor's office. he has a long history in security. he was a police

officer for i believe, 14 years and detective in el cerrito ex-marine. no system. i brought him and on the other case. he should be rewrite of this dirty plan. in your booklet with the committee original go through it again but it's listed there. there's been significant committee outreach. last friday we did meet over with sam at staple foods and [inaudible] and worked out sort of a good neighbor how did it go forward with this particular application and i think they are on board but don't put words [inaudible] sam is back there. she gushed >> can you share with us what some of those things were, >> yes were to go through it right now. i gave you the last four pages of this dirty plan. or the first four pages. you should have a full copy of it. this is in its fourth draft. soapy look at the for example,

that was today's iteration. there's another one on the second page which has later shading and i think that's yesterday's iteration. a lot of the stuff from today was actually [inaudible] basically we also had a meeting, the believer was a week ago with tenderloin station, the captain [inaudible] and the tenant house on. is very productive. mr. livingstone has a dream about having a nice location. you can see there's a beautiful bother is been there since the 30s. it's in a very very very tough neighborhood. i know because i represented amelio when he was in there and i represent a necklace across the should of been actually in there ashley with jocelyn

executive director a necklace across the should of been actually in there ashley with jocelyn executive director kane at 10:00 am in the morning when the sun is been one of the first times i've been scared to park my car on a sunday in san francisco. it's tough. we've start working on a security plan to we worked on for josh. what we worked out i think was [inaudible] sf police is at 12 o'clock entertainment license seven days a week. this will go for three month probationary period at which time will come back to the commission. [inaudible] will come here and discuss was going well, what needs to be done? in the meantime we'll be having ongoing dialogue with [inaudible] so there's actually share two common walls this particular venue. we have agreed voluntarily go shadow gnocchi and have put it on the

permit as a condition, but we will not operate dj entertainment during the week. give to comedy nights there'll ashley the most successful nights at the location right now. i believe monday and thursday. we will have a dj in there if at all, from seven-8:00 pm on friday night until midnight. initially love to security people in here and that is in, that is in the, page 3 of the plan. basically, thursday evenings provide one security personnel be in by 9:30 pm and will be there till one half hour after the premise closes or one half hour after the last person leaves the premise. for example, on that section 1 of the top of page 3, but for example if we close at 1:30 pm last person out is that at five of 2 am will keep security on [inaudible] sorely

2:25 am. on fridays was to security second one will come in at 7:00 pm and the second will come in at 9:30 pm and no also stated in one half-hour past closing or 30 minutes after the last patron. saturday the first personal common at 8:30 pm and the second one will come in at 930 and boasting until one half hour after closing our last patron out. obviously, -- i think director [inaudible] correct me i believe that we have all the sign-ups except for the sound test and i have long discussion this afternoon with lieut. falzone and basically do agreement was a [inaudible] and sf pd we are going to bring in a professional sound consultant who is been in. the who's been and they will to professional sound attenuation. at that time when we feel that the place is ready we will then bring in the

commission staff to do a sound test. there's anything else that is been signed off and obviously will get that done. at that point we'll go to seven days a week until midnight. so, we made a couple changes even since his afternoon on the security plan. it says eight cameras. lieut. vows on a system for cameras outside. we've agreed to. now should read security camera portion 12 cameras for outside. also as a pd has requested and were fine with that, getting a weekly calendar to ofc. torres over it tenderloin station. i think my client has done a good job last couple weeks many some fences with the neighbors. i think he gets it. he always is never owned the club and the tenderloin as you know is a tough area. there's a lot of people who worked hard in the tenant went to take it from a really horrible place to not quite so horrible place. anybody who's dull-witted

tenderloin knows they're not going to let one inch of backside happened and we deftly want to be part of the community. we want to help with this dirty help with the problem of drug sales outside. we want to be a good neighbor. the neighbors to feel that we are -- you know that many place where they can feel safe they can come in with there's a problem. they can come in and have parties or request the community group to use the space. for their own community group. we would therefore request conditional grant and this matter. my client is here for questions or i can answer them. thank you >> when do you expect the soundproofing to be done? >> [inaudible] should have probably middle of january. >> mid-january, okay. should are you can operate between

that now a little jittery something other than a bar? >> only a comedy club. >> okay. as far as your security plan goes, will ms. dearman be one of the street got are you going to hide the security guards? how are you doing a? >> only one security guard and i believe during one of the staff reports they mention they seem to me know what they're doing there should be a second. what mr. spearman is going to do, my client is came into this area because he is on a limited budget. he has a good security consultant who's got out. look at staff maybe look at our dear some tweaks of the security. he will not be on-site security person. we have one there were but a higher and higher note >> is no one the works of bruno's or i think -- okay. so it's the same staff? >> yes

>> here's a guard card? >> yes he does >> busywork for security company where does you are for you >> it works for me directly but he also works at [inaudible] 49ers >> are you going to get yourself a permit from the state to be a security committee >> yes >> on page 2 issue kirby plan regarding communication with neighbors it says you be keeping contact with your neighbors. how that's a place on a regular meeting that you will do and how we you be contacting newspapers, >> yes, sir. so, [inaudible] has our phone numbers directly to myself and [inaudible] and we are going to do every meetings on like three months. after that [inaudible] sortable regular meetings. >> though so this will be

regularly scheduled? [inaudible] then you >> yes >> how much notice you give the neighbors for the meeting >> one week notice, one-day notice? how will they be informed? >> been informed for more than a month, three weeks. >> how high are your ceilings were either be having your system? how tall >> the basement is pretty low. the bar ceiling is pretty high. >> where are you putting your obnoxious or bouncers. >> do you know how low it is? 10 feet, nine feet 11? >> i think it's 10 or 11 feet. >> one must question. i get up [inaudible] those speakers >> yes. were going to

[inaudible] above the ground >> what about the base speaker? should ship basically would have liked some soundproofing company recommended to bring it up so were going to do that as well >> city are not bringing it up on the [inaudible] i'm sorry what did you say, >> would there bring it to [inaudible] >> you're going to fly the baseband? >> no. busily working to use the phone >> i believe what he means is the hard rubber. >> not foam. >> any other questions from commissioners? let's hear from the police am glad you were able to work some stuff out. >> good evening commission.

i'm ofc. torres representing tenderloin police station. as mr. mark reddy stated earlier, capt. chartist lieut. falzone and myself, we met with mr. barry livingston that tenderloin station. we agreed to support his application with the conditions that we submitted. we also asked that this security plan be also included as part of the conditions on their permits. >> what do you mean by that? >> there is a lot of issues that are in the security plan that would like him to abide by the convert security officers might be hours there's a lot of stuff that's in the security plan. >> okay. that's helpful >> thank you. >> any questions for ofc. torres? >> yes. i do not receive think

about this since the last time we were here and one of my issues was if we're going to limit it until 10:00 pm that same that really they should have entertainment but i think we be sure place where we can say they can have entertainment and normally we do with this, got involved with other organizations, other clubs opening of the same issues mike was to issue 10 pm weeknight curtail of their entertainment permit. >> as far as mr. livingstone's plan is that he plans that djs only on fridays and saturdays the rest of the week he plans to have comedy and non-dj music. so we felt that >> is non-dj can it go until -- conveys the permit until 12 during the week? >> correct and then after three months we will use the [inaudible] what's been happening at that venue and make a determination whether to lift it or adjusted a little bit >> okay any of the questions

know? thank you. >> all open it up to public comment noted under there's probably a couple people who like to speak on this. so, on up and state your name and you have two minutes. >> thank you. i'm sam bennison with april fools and i am happy to report that mark and mary came over and spoke with us on friday. we did come to the agreement following the conversation with the police that we do all the sound work together and that's one thing that's important here is that larry has agreed to do that some work with us so that the sound engineers can come over to close here with the problems are. we can collaborate on this. our major goals to make his business were. that is been our stance from the very first day we met him. we really want this to work in the frustration is been not been able to get him in the same room with us but we

want a successful business on our street. as everyone knows that street is a creator place. in effect of successful business. so we can get that cooperation on a sound level speaking about getting together really meet regularly and be able to say it was loud tonight or this was working or let's readjust the base they'll be very useful. so,, hoping with a period of time were working out the sound issues make it shows purity is a place we would work together and frequently get together and be able to say, give feedback to one another on what's working. my hope is that the permit will be issued under the prevailing conditions of passing the sound test and then really be clear about let's set a date three months after the first dj we and we sit down together and do something of a detailed review of what is working and what is not that hard we make this go better. but also without revise out that knowing that there's been the statements in the past, exaggerations communication

issues. that if we find ourselves falling down into things that aren't working especially where the claims being made that aren't exactly true, we'd like to be able to come back and renegotiate be able to say integrity is important part of this picture. what we have in our neighborhood is a lot of potential. it's a creator place. we love that place and we want mary to be part of our community but at the same kinds of responsible it is that everybody else in the community has. some hoping that you'll be able to prove this permit understanding this community cooperation. thank you >> thank you. >> thank you. good evening commission. my name is thomas atwood and i just want to put in a good word on the record for the faithful for speakers of that associate with them for more than 10 years, about 12 years since i first moved to the bay area in 2002. that was when i joined the unitarian universalist church in san francisco. gary and franklin. i met the cofounders of the

faithful a [inaudible] minister named [inaudible]. k juergens and and or partner [inaudible] and the faithful. change my life. i have personally participated in their programs. their ministry of witness. a advocacy education and the arts. they understand the role of expressive arts and healing from addiction and mental illness the bad luck that puts people on the streets. i personally participated in their movie nights in their annual fundraiser. i've been a donor i've included them in my estate plan. they have regular zen meditation space e-book and walk in off the street and spent an hour in quiet. they have regular bible studies, movie nights. i've read plays of playwriting workshop i've attended art showings. i've