door. >> yes. >> you can close the door. >> no handicap i don't - but you can klass close the door and on it if someone disabled comes. >> yes. >> the day he was illegal operating it's amazing how the drug dealers are flocking when i went down to dbi i told them they would call him and get him off the streets he promised before the permits were issued he would e-mail me and no one was followed up on i saw it right now some will contest to and based on it, it's noting about the business but passive i know it's hard to see in the at any rate e heat of it

all in the past couple of years it's predictable and going to happen i guarantee you. >> the plain clothes is under quite a bit of change the flagship and 2 hundred commercial feet. >> that's it any questions for me. >> nope. >> thank you. >> thank you. >> outlook we're here from the permit holder. >> good evening, commissioners i say hold off permit i'm appeal as i mentioned on my briefly i used to own a small cafe an 6th

and microsoft a small cafe i run it for 2 years and 2 months because of new ownership on that place and the lack of lease i lost it i tried to open up a small business i xrernsdz in that east bay i tried to apply for a hotdog permit so i go through all the process and i did all the city requirement and did everything by codes and we send notices through the residential and commercial and 3 hundred radius so the only we get objections is mr. demetri was the only person that objected about the thing so we went to dpws and we the

hearing officer hear them and the same history was telling you guys and they uphold it and the city granted me the permit as mentioned that ivories operating illegal that's not true i had american people appointment are a health inspector and i wanted to see you on the side on the side where you were parking because so - he come over and inspecting it i was not selling nothing operating everything was perfect and the cooler was good and he showed me the permit it's not true first of all he's saying about the smell of the headquarters

i'm he has merchandise and so do i and it is like 15 or 20 feet my stand a facing to the market street which is the smell or the hotdog go this way not that way and it is based on speculation that the smell comes inside and residence my merchandise that logically activity in the area you know i mean as far as leveling activity they find it on the spot but illegal not in an open space and people are come on alternate and lastly unfortunately my business has a substation an 6th and market and

market agency and there's a community ambassador which is patrolling that area all the time if they see a problem they'll longtime a law enforcement officer my cart is not brings a magnet to the illegal activity in that area i'm trying to serve a fast food to the community and visitor that's not an option between 5 and 7th street with all due respect if i knew there was over 20 cars operating in san francisco for a longtime and a problem of this activity the city will not permit them to operate illegally we're not heard of this item i think we've

been doing business for 2 years i've not heard the cart will make us for people to do their business then sorry based on this i'm trying to do basically a small business and trying to work with the city and gain and help myself and my family so my that's all i can say right now. >> are you finished. >> yeah. >> so i is have a question is this the only cart you operate in san francisco in the bay area. >> yes. >> you're the sole - >> the sole owner yes. >> thank you arrest okay.

we'll hear from the department. >> good evening raul with paychecks just to start off with a brief history on this application the applicant did apply for two separate locations under one permit on market street and the 954 property is the one in question public works reviewed this and in correlation with the public works code and determining this was not in compliance after the notifications went out there of the 4 oakland's within the allotted time period and public works scheduled a dpw public hearing after the hearing the hearing officer reviewed the testimony and also all the documents that were simpleminded and determined this was in

xhoinsz with the public works code and therefore gave tentative approval based on the approval from the hearing officer public works decided to move forward and kind of go over the criteria that we reviewed a few of the main thing is the location criteria this particular application met the requirement in terms of zone and met the concerns of the cleaners from existing facilities and existing restaurant and 09 things of that nature there's a minimum excuse me. a 6 foot wide travel place for pedestrians the sidewalk is 68 photo wide in terms of of the odors and eegsdz from the cart and the public works didn't have the

authority to live review that and prosecute the permit holder becomes operational the health department issued a permit and the fire department approved the permit and reviewed the heating source and methods as well in addition as part of the public works code section of the article and as well as the dpw order the permit holders is required to advise to all the good neighbor policy policies and this includes maintaining the safetyness and cleanliness of the area the permit holder is to provide adequate trash incarnates the permit holder is required to

make the patrons aware of the good neighbor policy and the transparence left over the permit holder is to clean up after close of business within thirty feet and based on this public works simply reviewed that strictly migrants the code and the permit holder got the necessary permit and they were able to approve the permit. >> available for any questions. >> how does one contain odor when you're open the street. >> so i'm an expert on that i don't think it's necessarily contained but the emission requirement the carts are to place vents and infanticide in order to mitigate this. >> this is just a cart correct.

>> this is a cart based on the size public works i'm sure open i'm sorry the department of public health has various requirement. >> if someone felt the odor was two strong or in violation of this requirement who would they complain to. >> the complaints come to us we'll reach out to the health department directly and go based on their directors recommendations. >> thank you with the 4 climate were any of the 4 complaints recommended to like food. >> in the like food owners was taken out of the legislation. >> so i guess the revised ordinance seems to be helping

out we've not had a cart for many months. >> to your knowledge on hamburger has odors been a major issue not a major issue, however, the public works feels we at the end to disregard. >> do you know if complaints have been filed. >> with this general applicant. >> generally. >> i would say a fair amount of complaint have been filed a lot of time when they related to odor we tend to route those complaint to 311. >> you don't has nothing to do with with the disposition. >> no. >> okay. we'll take public

comment the first person please step forward. >> i have comments to put the gentleman never had a at least where he was at 955 market street because i never had a lease the owners wouldn't give him a lease not in business for 2 years he's never had a lease we have cleaned the area and you can joy the area now i can show you the pictures off our location and our beauty supply that is where he going to be right in front of the business. >> use the overhead. >> i'm sorry your time is not

allowed to speak under public comment you're an owner the building so your time to speak is the same always the jihad's you'll have a few minutes of the rebuttal so anyone else who is not affiliated with that business that wants to speak in public comment no. we'll take rebuttal now you have 3 minutes together for your side of this case if you want to use it go ahead. >> so hi again. (laughter). >> we been if business for 10 years on market street a community beauty supply a wig store we sell wigs to people egg e people with breast cancer and our consumers are

african-american i've been there 10 years i'm aware of the location of the gentleman he's never had a lease they didn't give a lease to the previous person and his paperwork says two years he was not there for two years but they want to be in front of of the beauty supply 6 days a week right in front of the busy paper stand in between 4 trees those streets right here in front of of the paper stand we're a clothing will store i don't know how they effective the onion and the frying of the sausage and the bacon is not going to effect our business we have 5 hundred wigs in stock human hair if you are close to

the odor it will if you worked at a restaurant if you don't have proper ventilation 20 feet from our door how are they going to contain the odor there's many located he can make money we're not making the money we are not making the money we were before there are so many locations why in front of our business it is not acknowledging our business we've been there in existence we used to send letters to the mayor's office i used to close the door and so i'm not in trouble>> next speaker. >> market street is a very tough area last year there were tests 85 deaths there were 64 not last

year this year beginning on the first to the second cameras to when the chairs were there. >> so this is all i have to say about the odor is going to effective and have a good impact on our business the wigs we have over 3 hundred human wigs and over like 4 hundred another wigs the odor b will come into our establishment who is going to buy a wig that smells like onions or hotdogs or sausage so market street you can walk introduce this is a invites place to walk. >> are you finished. >> yeah. >> you have to take into consideration your block is undergoing 2 hundred and 50

square feet tea and they're going to a majory model your business is going to flush. >> go if i'm not going to be there until late next year the beauty supply can't afford the mall prides we're trying to everything we're trying to beat the less stressful we've been stressfully to be dealing with the hotdog stand the block owners the westerfield that area is coming - and is $40 million. >> what's your exact physical address. >> did 54 we have 3 located a complete loss of money we put

thousands of dollars or dollars and we'll losses money we trying to move and go somewhere else thank you, thank you sir, you have 3 minutes have been rebuttal as well. >> good evening again sorry first off i want to say i didn't have that lease i didn't have business interest a that's not true i have month to month lease that's why i lost my lease i didn't have a long lease that's one thing and all the neighborhoods they know me i can prove that so, anyway i currently has 3 biz businesses and i have one there's been no

on business so long as the smell is that it is based on the speculation actually he didn't want me to do business there that's the main thing and putting in all those illegal activities to my knowledge and that's all i have to say i did everything according to the code and city requirement i went through a lot of timing and spent a lot of money and borrowed money to buy a car and spent money for the fees and the traffic tickets and all those things at the end i strongly hope to retain my business in the city of san francisco i'm in the food business for over 15 years i experienced in catering and headquarters and cafe and

restaurant all those things and that's all i can say thank you, very much. >> how close is your cart to their bits. >> just like 15 to 20 feet. >> like probably the store is here and my stand at the end of that- so it's not an immediate contact i'm not still here and they're they've over there and but how can you say the smell is from there to there i will steam the headquarters. >> sir. >> a couple more questions. >> at the 954 market site which

days are you allowed to operate there. >> tuesday thursday and saturday. >> 3 not 6 as mentioned. >> monday, wednesday and friday on the other side. >> you said next door no business next door to them it's closes. >> yes. he says he has 3 businesses all i see is dealing with my business he opens one business at 954 and i probably has a lace or something not on not like an open business only one business there. >> thank you. >> okay departmental rebuttal mr. shaw? >> good evening robert shaw about public works we reviewed

that with the public works code and nothing further this is a schematic of the brief locates and as was mentioned it is about presidential 15 to 20 feet so you guides get a better idea. >> right in front of. >> so. >> where the - it's right in front of that approximately. >> it is a little bit to the right if you're looking at directly at the store. >> at this angle it is approximately directly in front of their entrance to the offset 9 feet to those trees. >> silly question any way to

offset it oath 9 feet. >> the department will have to review this against other utility there are a couple of man holds and requirement to cleaners from other utilities and a things of that nature we could look into the applicant to submit a new dinning room the permit is subject to complaints and the business owner complains on a day to day bats this will think continuing. >> it doesn't appear to be polk the sidewalk is wide enough we'll need to make sure it didn't effect the pedestrian path it didn't look or appear to be many utilities or any other structures had necessarily effect this operation.

>> okay. >> probably will be more beneficial for his operations to be closer to the sidewalk. >> we talked may i talk to the permit holder again. >> i think it's a departmental issue see if he's willing to. >> so the question wire trying to get ridiculous if alu at all possible would you be willing to move towards the intersects 9 or 10 feet. >> i don't mind it would building better for me. >> you have a permit right in front of. >> a wider area so thank you. >> thank you okay commissioners the matter is yours. >> i think we're inclined to

pull the permit with the condition if feasible but what if it's not from a utility point of view. >> i think it's a the department has some flexibility there in signing the map i don't know whether they're to have to renotice or not i'll say. >> the department might want to step up to the mike just in case. >> i think the commission if they can find a solution for both parties that is moving that would be in a easterly direction; right? however, amount that you can the permit holder will be happier and the appellant court will be

happier >> will that require renotification. >> under do code it will require renotification that will be a new location associated to a new address. >> is there a solution with you don't want the permit holder to be out of business does there a way to issue and apply to have it moved over 9 or 10 feet. >> i believe because of the existing location that of the approved. >> or would you prefer we condition it to be moved 15 feet to the east. >> is that what you're getting into night time i'm to take into account it it one more time if we come up with a decision right there. >> it's really become an issue

of really just being in compliance with the code this is strictly reviewed at this location if we decide to move i'd like to prefer that the department take into account that. >> the condition if possible. >> it's not a condition. >> right. >> i'm not prepared to uphold it. >> yeah. >> well, because are we discussing the business. >> thank you. >> thank you. >> the other business has been there for 10 years and that stand is right yes, it's a feet away right in the doorway i'm not prepared to uphold it i'm not convinced the owners are going to walk into the store and

whatever else so i don't have the same issue i mean i'd be happy if it would be removed but not deny the permit if not. >> i'm with you. >> it's what we see here every week what need not effect one person may affect another person dramatically i'm not trying to make a determination whether it's significant or not if we can find a solution that both party are semi satisfied go from there. >> i agree the way we phrase is it possible. >> there's no need. >> it's tentative whether or not it can be moved it's no a compromise. >> we only have two options one to go ahead and take an action

and then the department s could a also come back and ask for a rehearing or we can continue this and hopefully, they modifyly take care of that and pulled off k4r5r7d. >> if we make conditional i don't want to deprive the gentleman from doing his business. >> i'm preempted to make a motion i do have one statement a question for the department you understand if we make a condition that the department finds either illegal or unacceptable for whatever code required purposes