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?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 party to come in and use the venue and there is a relationship with them that is positive and beneficial for you. >> not really. >> and if it is not, then you

should decide. as a businessman, how you want to handle that and so what you decided today is to use our time, and our energy to give you a permit. and so all that we are saying to all of these questions that we are going to ask, is saying that can you comply with the permit? if you don't believe that you need the permit, you should be here. >> i do, and i and a good neighbor policy, and i thought that this is all part of it. >> it is and i was just trying to reiterate that so that you know that you can apply. and you are here at the beginning of our meeting when the inspectors talked about the businesses that were not in compliance. >> right. >> and so i think that we don't want you to be one of those and don't want to put the fines on you and the police coming out every weekend and so these are just initiatives for you to run a good business. >> i am sorry, i thought that i was confused there because i thought that you were getting this just because of the... >> right. so. don't worry about that. worry about what is in the policy and making sure that you meet that. >> no problem. >> and i am going to bring the police just to talk about any

concerns that they might have and then we will talk about it as a commission. >> thank you. >> >> hello, commissioners, central station is recommending approval, and i believe that the good neighbor policy covers most of the issues that we will have and the big ones have already been talked about in the sidewalk, and you know, the block, as well as in the streets as far as the closing time when the cars come up. and but, i think that the good neighbor policy will, fully take care of that. as far as the proposed conditions, as he has a security system we are asking that he maintain that system. and keep the footage for 30 days, and then, also, i would like to have it and notify the central station of any special events and if there is a saint patrick's day party or a halloween party to let us know anything out of the ordinary. >> and the big thing for us,

and i have had to respond to two complaints that have come in via e-mail and also that are doing in the nighttime inspection as far as the good neighbor, policy and i just want to show you, at least the layout, and in case, that not everyone has been there. >> this is kells and i think that the main issue and it is not so much the front door and it is the said alley way and so on the side alley way, it took, the window theres and so the noise and it gets hot in there and i am happy to hear that he is looking into getting the air-conditioning because i think that will make all of the difference and i mean that i understand if it is hot and you want to open up the windows it is just that we have to be

aware of this because when he opens up the windows i have another photo of what that noise comes right out and it just bounces out across the walls and i have had the times where i have gone around the block saying what is that? and it is very loud. and it was not loud right in front of kell's and it is weird the way that the sound travels up, and then it goes over to columbus and as we were getting the complaints and so i am happy to hear, that he is looking at doing the air-conditioning, and i think that it will make all of the difference. what i don't want is a permit to be granted and out of the gate get a complaint and i would ra rather be able to problem solve these issue and get the permit and get the air condition in and sound proof this window here with something and something that is going to take and absorb the sound or get the air-conditioning so that we don't need to do it and those are the really big issues and i think that if we get that, i think that we will not have any problems at all.

we are not talking about the sidewalk or having the phone number and i think that if this thing can be taken care of, and before we get to the complaints, and i think that we will be in much more ahead of the game. any questions? >> no. >> let's open this up to public comment, is there any public on the application? i don't see any, and public comment is closed and commissioners, happy to entertain a motion. >> i move to approve. >> okay. >> i second and i would like to have the staff just to take a

reading in that ally, so ha he has a reference point so we don't have the future complaints. >> is that reasonable? >> we can add a sound assist to an llp that is not something that we do usually and i just want to reiterate that this permit is until ten p.m., and much of the issue is the people noise and it is and the noise related to, you know, not what we define as entertainment and so while we are happy to work with the police together, now, because of this permit and bringing someone into compliance, and this is a very, you know, sort of difficult one in some sense, because after ten, it is, in some ways, no longer becomes our issue. and if that makes any sense. >> of course, the sound at night and the nighttime businesses are our issue and so we will in partnership, with

the officer, >> after ten it is on the good honor system, basically and at least, you will have a reference point, if you are not realized what is happening. >> could i clarify with all of the police conditions. >> i don't believe that there are any. >> the police conditions were offered, orally. >> yeah, moments ago. >> and for the footage for the 30 days and the special events, yeah, those are included. >> and they are conditioning something, that. >> we cannot put on this. >> and the condition that... >> okay. >> good to hear. >> all right. >> so on the motion to approve

this permit with the conditions, of the good neighbor policy. >> actually, we have another commissioner comment? >> commissioner frost? >> useful discussion. goes around the permit that we want to issue and the issue that he has had is separate from here with the music that is he playing. so, there is one thing that it says here, that it is the comedy as well as singing and is that just a singing comic or what? >> okay. so yeah, this is kind of going. and so that is just kind of goes back to my, where we are still just dealing with his limited live performance permit. >> right. >> and he is just playing an ipod after that point, and it is not within our jurisdiction. >> cool thank you. >> is everyone ready for a vote? >> on the motion to approve the permit with a good neighbor policy and the conditions that

include, maintain the security system and the footage for 30 days and notify the central station of any out of the ordinary events and to do a sound test in the alley. >> okay, on that motion, commissioner frost? >> aye. >> lee. >> aye. >> moshoyannis. >> aye. >> hyde. >> aye. >> perez. >> aye. >> president tan. >> aye >> that motion passes and we have two more permits with us today. the next one is the avenue, or the ave. >> all right. so this next one, i am very excited about and there is actually two kind of we will do one at a time. the first one is lucia doing business as the ave at 1607 ocean avenue and applying for a limited live performance permit. and this is part of the ocean avenue, cbd program, and i believe that kneel ballard is here from the ocean avenue and they are trying to activate the

avenue and bring in the entertainment and get several different location to do like a weekly or a bi weekly or a monthly event. >> and so, any way, the first one is the ave and this is a bar like i said it is 1607 ocean, and here is lucia? >> hello. >> hi, my name is lucia and my husband, umani and we both run the bar and thes a small neighborhood bar, located in ocean avenue. president tan and please allow for me to speak. >> it has been around for eight years and the street life committee and the ocean avenue, is looking to bring the entertainment to the neighborhood and the neighborhood has been forgotten and so we are trying to revive it