friday, i felt for her. i walked by the cafe. every window was shut. it was steamed up like a sweat box. that was in winter. i'm not sure how this is going to work for the summer. before there is this war on fun, it's has to be accommodation and much of it has to do with the band she selects. that's my comment. >> any additional public comment? c'mon up. state your name and your statement. >> hi, ronnie johnson i have been in the community for 20 years. native californians. i have been here for a while and watched rachel's cafe as it

was being built. i watch it open. i patronize it myself and former musician and i have watched everything gone down in this cafe. in my view she's done nothing but good things for the community and she's accommodated every neighbor in every way she can. she's shutdown performances and said we need to stop this because we don't want to get complaints. i don't know what else more that i can add that everyone hasn't already said. i understand permits, i don't know if they are stricter or what or what's involved with the permit. >> your time is up, ma'am. >> hi. i know joe from 20

years ago. i worked at el roy for 2 years on saturday and the biggest night just quit the last month or so. joe knows what busy is. he manages it very well. someone who creates the community and space which rachel has and having the luxury for someone being around for 14 years. she creates this community and to maintain something like this to allow her to do this is what we are trying to maintain with small businesses which thrive and survive with all the thing we are having. i would encourage you to enforce the permit. it would make many people

happy. >> thank you. is there any additional public comment? seeing none, public comment is closed. the matter is now with the commission. commissioners we've heard a lot from supporters and also upset neighbors. just to clarify you know it was brought to our attention because of some complaints but the applicant actually did apply to say that they would like, that they are open from 7:00 a.m. to 10:00 a.m. monday through sunday just as a business and would like the ability to provide entertainment nightly until 10:00 p.m.. that sounds like everyday. because it's a place of entertainment technically it does allow for up to 2:00 a.m., but the condition currently is fridays only from 7:00 a.m.-10:00 p.m. and based on the application to everyday to 10:00 p.m.. it's still restricting the time for the full

permit would allow. >> can i address the applicant quickly? >> sure. >> quick question. so, obviously the inspector will have to do a sound check and also visit the complainant's apartment. if in fact that you have to soundproof your facility, do you have the ample funds to do so so that you don't impact the neighbor, you know could you -- we want to support people with the small business. at the same time, the commissioner with the neighborhood policy, we don't

want to say well you only turn up your &m music to 25 db. could you live with that level or do you have to soundproof so the neighbor won't be as impacted? >> i think we can live with the sound level approval and depending on how much it will cost, we are willing to work with that as well. the inspector suggested perhaps a curtain on one of the windows. we've been looking into that to see what that really means and how much it cost. and i just want to clarify, we are not interested in having music every night of the week. we understand that this permit process is a serious one and we take

it really seriously and we also understand that it's a pretty permanent thing and we want to have the flexibility if we have an art exhibit on a wednesday night we want tools to have the flexibility to be able to provide music. i don't want to have a venue seven nights a week. that's not what i'm asking for and i just want to clarify that. >> thanks for the clarification. you can have a seat if there are no other questions. commissioners, part of what you hear is there is a compliance issue about them not remembering that they could only do fridays and not knowing because of the evolution of time. she's made her phone number available to the neighbors and also required other things like make sure your windows are closed and

that's a learning process. unfortunately at this time you have to take it to this level for others to learn their responsibilities about this. it's our decision if we feel this particular business owner is responsible enough to continue those rules now that she knows them. i'm not sure if anyone has any thoughts and in the interest of moving this along, we should entertain a motion too. >> i motioned to approve this permit with good neighborhoods policy. obviously with good neighborhood policy there is going to be an extensive sound check with the neighbor to make sure they are not impacted. now that it's actually under our jurisdiction, we can pull the permit or recondition it at

anytime if we get constant complaints from other neighbors. having a permit for such a long time and running it and developing a business, we know it's very difficult and dolores park has become a big mecca right now in these kinds of establishments are very important. the thing is we don't want owners to also take it for granted that there is no neighbors around either. so hopefully with the inspector and their sound check and hopefully with some sound proofing you will be able to run your business without restraints. however if it has to be that way, then so be it and if you wanted to keep the entertainment license. i motion to approve. >> there is a motion to approve. is there a second? >> i would like to second that but also want to add the direction to staff to please work with the

neighbors and make sure that business owner in this case obviously you have tons of community support and good for you. it an amazing model but it wasn't necessarily set up as a music venue to start. i think there are some things that our inspectors can do to give you some tools, some help and things that won't cost you an arm and a leg but there are things that will help and i feel you will take those to heart if we give you those suggestions. i think they will work with staff and neighbors. >> there is a motion and second and direction to our staff to work with the neighbors. >> just for clarification the motion is to approve until 10 p.m. monday through sunday? >> is that the motion?

>> they are asking for that and also for extended hours. >> they need to have a one time event permit, they need to approach our staff about that. this is for entertainment not past 10 p.m.. >> right. with the good neighborhood policies with the work with the inspectors. it's just 10. what about special request after 10? >> that's the regular process. if there is anything beyond what the permit allows they can come to the commission and request that. >> okay. >> so on the motion to approve this permit until 10 p.m. daily with a sound test required. on that

motion, commissioner lee, frost, moshoyannis, president, joseph, tan. >> that motion passes. we are going to wait to see what the sound issues are. i don't mean to hide behind a paper but it has people behind it. >> to a point of clarification. it's been suggested that it's been less than clear that you are removing the old police conditions and adding our own. i don't want to make this longer or more complicated, but just maybe affirm that's the case that we are clarify that's what the

motion was doing? >> the motion would extend the hours. >> i think you need to remove a previous condition that made it restrictive. does that make sense? you made a motion but you didn't remove the previous. >> would this motion not is supplant the previous? >> i was told from a member of the audience that it was not entirely clear. you may want to state that for the record. >> to friendly amend the motion again. >> let's just entertain a new motion. >> okay, a new motion basically is our motion now to approve until 10:00 daily with the good neighborhood policy with the inspectors to work with the neighborhoods and the owner and remove the existing conditions dated

back in '97 and have the new conditions implemented. >> all right. >> on that motion? to move the existing condition? >> is there a second? >> yes. >> all right. >> before you vote on that >> i'm sorry, no, you cannot. i apologize you had your minute. we are going to take a vote. >> please, you had -- >> we have to call security. >> when can i speak? >> you can speak to our staff after this meeting is over. we have many more items to continue speaking about. so, all right. on that motion, >> on the motion to remove the existing condition to extend the

permit allowed to 10:00 p.m.. same house, same call? >> yes. >> motion passes. >> with that i'm going to step aside as chair and pass the galveston to commissioner lee. we have more to do. >> our next item is 636 jackson. they still have an issue with the planning department. >> can you dpies leave quietly. if you want to chat in the hallway, that would be great. we just want to finish up this meeting. >> according to 1060.5. the commission can extend this meeting to the call of the chair. >> i motion to continue.

>> second. >> same house same call? >> i don't think you can do that. i'm not here anymore. >> all right. on that motion, commissioner frost, commissioner lee, commissioner -- commissioner ellis. >> the next item is they have requested a continue unanimous. do we have a motion to continue this item until april? >> on that motion, commissioner frost, commissioner moesh yannis, that's continued until april. our next applicant is michael imagine arrest doing business as fish and

farm. it's mostly a restaurant. his idea is to have some kind of ambient background music. he wants to have music later in the evening and he wants the ability if someone wants to rent out the building in the evening. the conditions they have recommended are in your file. we'll bring up michael. >> state your name, please. >> my name is michael najjar. i'm applying for this permit. it's a restaurant bar and i would like to have, it's in a hotel called club quarters. we would like to have the ability to have entertainment

pass 10:00 and it's basically ambient music level. i have the restaurant upstairs and there is a lounge downstairs and our restaurant is casual fine dining. it has the look and the feel of a restaurant. i just want to be able to have a lounge slow music type of thing. >> you are saying it's a hotel? >> yes. >> upstairs? >> yes. >> how many floors above you? >> 10 levels. yeah about 10. >> between your lounge and first floor of occupancy, four floors, three floors or just two? >> four maybe, four or five. >> and guess, and the hotel is okay?

>> oh yeah. that was something negotiated with the hotel and they approve and i just want to make sure that we get the permit. >> any commissioners have any comments? >> no. >> okay. have a seat. >> thank you very much. >> does the police have anything to say? >> steve mathias central station. the central station is recommending approval. we talked about the conditions possibly having the security system maintain that for at least 10 days and entertain a calendar of events. this could be a new year's eve party. most of the things he's going to have would be more like jazz bands and maybe a wedding

here and there in the basement area. central station recommends approval. >> any questions, commissioners? >> no. >> is there any additional public comment? seeing none, public comment is closed. >> okay. commissioners, any motion or any comments? >> make a motion it gets approved with the police conditions which retains security for at least 10 days and send the calendar of events out of the ordinary such as new year's eve, saint patricks day, sing oh -- >> [roll call vote taken] approved. >> all approved. thank you.

so our next item is something we would do, privately. rather than doing one off they are requesting a year long permit that would cover activity in that area. we've done this before with a couple other places. here to speak more about that is barbara ockel. >> my name is barbara ockel, the director of the bayview opera

house. it a community cultural center in bayview and pretty much a central area where people come for entertainment and community meetings and such. unfortunately right now our building has been closed for over a year and closed for another 6 months for building upgrades, ada upgrades and part of the renovation is a big improvement of the outside area where there is an outside stage and there is going to be entertainment in it as well. in the meantime to not let the activities that took years to build that tools to quickly die and we've taken the entertainment to the streets. there is a third friday of the month where we have music, kids activities and performance and all kinds of things that we think appeal to the local community to come out and enjoy the community. we do this in a couple of blocks. we have

events on adjacent called mandel plaza for the bayview house parking lot on the other size where we need more room. that's kind of our general area of holding events and it's become very small non-profit and become quite a burden to deal with all the permits not just from the entertainment commission and everybody, it's an enormous amount of paperwork and we have more than one a month and the fees are just killing us and we are trying to negotiate with the department so we can get an annual permit so we don't have to get all this paperwork and pay less money for it. once we reopen we have an entertainment license for the inside of the bayview opera house. not too sure if that covers the outside. i was under the impression that

maybe not. i'm not sure if we want the outside for the community space we want to be using that quite a bit. so that's basically my request. >> if i might just add because the agenda didn't indicate that the application has come to us right now requesting 8:00 a.m. to 11 :00 p.m. for amplified sound. so you need to take that into consideration given the request for could -- for a year long permit without any clarity to me at least on the permit as to which days and then you know, again this is very very broad request for amplified sound outside. this doesn't mean you can't be clear with the requestment this is a little out of the ordinary for us but as you can see in her

explanation why we are trying to facilitate using the blunt tools that we have. if you can work something out in the motion it would be helpful so we can issue a permit under your direction. >> this is a time what she's been applying for each time. so the time is different now. so the request is a lot different than what was issued before, correct? >> well, our events generally do not go until 11:00 p.m.. that would be a very rare occasion. but when we are applying for that one event, there may be a day it's 11:00 p.m.. generally it's 5:00 p.m. to 8:00 p.m.. we've never gone to 11 p.m. :00 p.m. in the past. >> what i see is 1159 :59 p.m..

>> there is a second page which is the actual permit itself although you might ask for clarification. i'm not sure what that is. if it ends at 10:00 p.m., that would be fine. we would never leave past that. >> going with outside noise or amplified sound outdoors past 10:00 p.m. is a typical. it sounds like a typical for you anyway. >> very much so. >> any other questions? commissioners? >> when you have gone late into the evening with sound, i'm not really familiar with what kind of residential impact that might have and what residences are around you. >> there is not that many. there is one senior housing complex and there are few apartments that are like above stores. there is a lot of

unoccupied dilapidated spaces. in the future that's probably going to change but not within the years timeframe. not very many residences. >> when you put up your speakers are they out towards those residential areas. >> on third street we are on the opera house towards face street. on the plaza it's usually one way or the other parallel to third street. each event is kind of different in its set up. >> you see any residents from where you are in view of the homes? >> there is a few on third street >> have you ever gotten any complaints? >> never. never with the seniors either and we do a lot of

outreach. we let people know so they know what's going on and sometimes in close streets we do outreach for that so they know what we are doing and they come out and party with us. >> the only kind of friendly amendment that i would make and it sounds like you are okay with this is to adjust the permit end time until 10 :00 p.m.. >> that would be fine. >> anything else, commissioners? >> okay. have a seat and we'll have the officer come up. >> good evening, i'm officer ramirez from bayview station. i myself have worked with barbara on all events. cooperative, responsive. no problems. the community is totally in agreement with this. all i ask is that

she continues to doing what she's doing and work together and be responsive. any questions? >> i guess eye -- i have a question around the 8:00 a.m. event. most events i know start no earlier than 10 :00 a.m.. >> that's probably she just sets up early on certain events, but it's not like, the third event starts usually at 3:00 p.m. and always ends by 8 :00 p.m.. >> okay. then i kind of wonder why it's necessary to start the permit at 8:00 a.m.. >> some of her larger events like christmas, winter wonderland have snow. it's probably for the set up. >> i had run an event that closes the street at 3 :00 a.m. and the

sound doesn't start until 10:00 a.m.. we may want to consider, i guess, i'm sorry? >> 10:00 a.m. start time is fine? okay. i just want to make sure there isn't undue, you know, we are not extending the permit beyond what is actually needed. >> commissioner frost, it sounds like every time they come to you to get the permit. they are trying to stop having the do that. would it be beneficial for you adding this permit to go on a monthly calendar sent to you. you being bayview station? >> yes. she does again always tell us any unscheduled updated, she always updates us with events that are going on. i'm sure she'll continue to. >> okay. thank you. >> okay. >> any public comment?

>> okay. can the applicant come back up. it sounds like you have a great relationship working with the police department. would you have any problem with us adjusting the hours from 10:00 a.m.-10 :00 p.m.? >> i have no problem with that. >> second sending a calendar every month. >> i would definitely do that to get protection for our events. >> thank you. >> okay. so, right, are you asking for events that are above and beyond the regular calendar? >> i