did not believe that this would have have any adverse impact on travel. therefore the permit was granted based on these conditions in the code. if you have any questions i'm open for questions. >> just one, could you clarify regarding the bathroom situation? >> sure. the bathroom requirement is actually a health department requirement. in order to get health department permit, they're required to submit a restroom verification form. that form should be signed by an existing brick and mortar facility. it allows the mobile food and facilities employees to use their booth room facilities for hand watching and other items. we personally don't take the bathroom verification form. health department uses that. that's one part of the health

permit. we get the final health permit. once it's received -- >> i'm confused. the gentlemen that was representing off the grid said it was his bathroom. does he own a brick and martor restaurant? >> the approval of the bathroom facility is left to the health department. as long as they prov that and they see their facility can accommodate their needs, they'll go ahead and approve that. >> thank you. >> public comment on this item? >> good evening. my name is evan. i own four food trucks in the city for about five years. we currently operate with off the grid. we have our own permits in the city as well. we work at off the grid in front as well. listening to what the applicant said he said there will be no

off the grid without the food trucks. i just have to totally disagree with that. matt done so much throughout these five years to build this industry to where it's been so we can operate at the level that we can operate. he's the one that put all the foodwork building the ordinance where it's at. that needs to be put out there. from my perspective, the applicant really trying to take advantage of what off the grid has built at this location already. he applied for the same exact days and same exact location. he's depending on the foot traffic that off the grid built for this location. the suggestion that matt has presented -- just move to another day. you can have the spot or move a little bit further so it doesn't congest the area too much or take too much from what his

event is. they spent a lot of money on marketing. it is two different event going on at one time. off the friday -- grid is not a monopoly. they throw great events where they bring communities together. we're able to put our business out in a different way. we operate half of our business by ourselves and half of our business with off the grid. there's no forcing us to work with them. that offers value to our business when we work with them as well. they're doing all the marketing that they do. thank you. >> your statements what is the

main objective? is it competition? >> edon't have any objection. >> for the permit holder to have his truck at that same location? >> no, i don't think it's competition. he's trying to leverage what off the grid built there. if he wasn't, he'll take another day that they're not there. tuesday and thursday there's no truck. i don't think matt has an issue with him being there on those days. >> do you operate a food facility at that location? >> with off the grid yes i do. >> are there hamberg ours being sold at that location? >> i never seen there. we're only there one day of the week. just to clarify the restrooms, from my perspective matt has an agreement with another area within 200 feet that have signed off for him. the applicant now trying to use that same person without their

consent. i think that's more correct, right? >> any other public comment? >> i'm robert with the department of public health. the restroom verification form was submitted last week, april 30th. there is a restroom within about 100 feet of the proposed location for roadside roadside rotisserie. >> is it the same verified restroom as off the friday? >> no, it's a celebrate one. >> robert, state your last name for the record? >> robert da mar. >> if you wouldn't mind filling out a speaker card that would help us. any other comment? >> good afternoon.

my name is monica wong and i'm w. the cofounders of little green. we operate three food trucks. we also have our own kitchen and we have a brick and mortar space. we've been in operation for five years. we're also one of the vendors at vallejo and front location. off the grid plead it possible for us to operate in different markets. we never thought about operate and would not have been able to do so. we've actually had our own spot that we applied for through the sf parks and rec department. we operate out therey.fn.ñbú'.n and it was really difficult to operate on your own. i like to just second what evan

was saying that off the grid has done a fantastic job building up all of these markets for us. you have to promote it and you have to have all of these followers that come to these markets. basically with offaa÷ the grid we can just show up as a location. they've got all the permits prepared for us, talking about the bathrooms are there. at the other locations they're got music and bar and heat lamps, seats, staff working the markets to help out the vendors but alsop customers. once again, i think off the grid done a great service for food truck owners by giving us more options to what city or countiespa>c we may or may not want to

operate in. there's lunch shift and dinner shift and there's basically weekend she wases apc i honestly don't think there will be as nearly food trucks as there is now. when we started out there was just a handful of food trucks and we had to go knocking on doors of private property owners asking if we can sale on their property. i just know that npwe personally not have gone as fast as we would have if it not for off the grid.xypf÷ i think any time you can get people away fromóc home and bring them out to socialize and enjoy great food, i think it's a great thing. thank you. >> of a question for you as well. you operate a truck from the

vallejo street location? >> correct. >> the permit holder stated that there is a mobile food facility serving hamburgers. you as a fellow food truck is there a food truck there saling hamburgers? >> i'm not exactly sure because the rotation)s'nr, has changed over time every six or nine months. they change the trucks up. we do not sale hamburgers. >> i noticed in a lot of mobile food facilities, the food truck holders are very close. they associate with each other and friendly. you have a business there and you're not aware there's not business that's selling hamburgers there? >> i'm not sure currently if there's another food truck that sales hamburgers. i think there used to be a truck called voodoo van. i think they used to sale burgers. >> thank you. >> any other public comment?no

seeing none, we will move into rebut at -- rebuttal. mr.cohen you have three minutes. >> i would like if everybody really liked me. unfortunately, sometimes you have differing opinions with certain people. i think what we try to do -- i could have traded the other 22 food trucks that we work with down here to try and sort of say and sort of attest to how fair and reasonable we try to be. i thought that will be a sample. we make special agreements with trucks like bacon bacon. there's no physical menu of a picture of a truck taken because we requests and have them remove the burger from their menu.

same thing with voodoo van. we've made decision that sliders, especially barbecue sliders are okay. you'll notice that the only picture, documentation that was presented by thenv one of barbecue sliders. we've just made the decision that you can only go so far and that's more of a sandwich. you'd say, country grill exception in the neighborhood partly had to do with our staff members out there managing the congestion. us doing outreach to the neighborhood businesses. when he sent his notice and he didn't get a response lot of that good will was built by us. i think that i would also say that it's part of the retail health code that you have a

functional bathroom with hot9h working water. we bring a generator out and we bring a hand washing sink so we can accommodate. this is the value add that we bring. for him to say we have 100% health score is a little bit disingenuous considering he served without the necessary requirements northeast -- in order to do so. iò( ">ñ a mistake? certainly. i don't believe we have. in this matter we've tried our best to build an area without anything in the immediate area. we've been successful at it as the picture shows. i'm happy to answer my questions. this area is -- it gets really congested at lunchtime. to add a fifth truck there and for us to have to manage that

traffic flow because everybody thinks it's us is a burden for us. i would ask you to assist us in -- if he really is genuine that this spot is not about us tuesday or thursday, would be an appropriate place to put him. thank you very much. >> thank you. we can take rebuttal from the permit holder. >> i'm not trashing off the grid. as a matter of fact, i've worked with off the grid in the i've worked with them three h" i don't have any bad ill will towards off the grid. the reason that we're all here because off the grid missed a deadline. they missed their time to appeal

the process. i don't need walk along mr. cohen off the grid's footprints to be successful.3 nn had no idea that they were there when i put in this permit september or october of last year. i wasn't operating with them until january. there's no signage that says off the friday is here mondays, wednesdays and fridays. we scouted locations, we looked for 13 plus foot sidewalks, we found several of them and only two of them are within dpw's agreement that they will be suitable. not disputing the strength of off the grid. they do a great job at what they do. they create a lot of opportunities for independent small businesses. you can do this on your own like i have, put in the work, get the permits, not just this one but others and be successful at the same time. not have to be paying a broker

to be part of the event. in regards to congestion and mr. cohen was talking about my average ticket time and i'll define ticket time is the time that the customer gets to my table to place the order at bay and the time they received their food. is less than a minute and a half. i have rotisserie chicken cooking behinds us. i cut them down. i don't have people waiting in line coming to my table, ordering, waiting 15 minutes or five minutes even to get their food. the food comes out quickly and efficiently and it's delicious. i walked the neighborhood that mr. cohen is talking about. as i mentioned, i catered those businesses on a regular basis. they wanted to see me more often than the once the week that i was bringing them lunches.

again, in my conclusion, the fact of the matter is, mr. cohen had missed his appeal process. that's why we're here. i should be able to operate at that location. thank you. >> of a question. i know that tuesdays and thursdays are two days as opposed to three days. what if you were given tuesday and wednesday and thursday what's the objection to tuesday and thursday? >> you just mentioned tuesday, wednesday and thursday there's a dpw code that i can't work consecutive days. tuesday and thursdays, i could have done tuesdays and thursdays. i operate two vehicles. i needed to fulfill once my second vehicle was being delivered to me i needed to find spot for my mondays wednesdays and fridays specifically. that's pretty much why i chose mondays, wednesdays and friday. i could have chosen tuesdays and

thursdays. >> thank you. >> you welcome. >> mr. shaw. >> i don't have much more to say just to reiterate on the three day rule. per code you're allowed maximum three days a week but there's no restriction on the consecutive operation. >> there's not >> no. just three days is maximum. that's the only restriction on the operation. >> commissioner submitted. >> commissioners funny being on the board for the last three years, we've had many mobil food facilities come before us. the mmf come before us are fighting or being appealed by

the brick and mortar establishment that complain about congestion trash and unfair competition. now, couple years later the same objections that the brick and mortar establishments are making, now we have mmfs doing the same thing. i think that if we allowed the mobile food facilities initially, we should continue to -- my thought that this permit was issued correctly. >> any further discussion? you want to make a motion? >> i make a motion to deny the appeal and uphold the permit that the department did not air. >> there's a motion on the floor

from the vice president to uphold this permit on the basis that the dpw did not air. uphold this permit, commissioner fong? >> aye. >> president lazarus?9= >> a's. >> wilson. >> aye. >> swig >> aye. >> the vote is 5-0. the permit is upheld on that basis. thank you. >> thank you. item six has been withdrawn so we will move7 to item seven which is appeal number 15-048. jamal taha versus the department of health. we will start with the appellant. >> my name is jamal taha.

i been in business for 20 years. i get the tickets. that guy look old enough, he spend 14 bucks. [inaudible] any questions? >> are you finished? yes.p9 >> please come back sir. >> you stated in your brief that prior to this situation that the department of health had visit you regularly every year. >> they visited me every sixth months and plus four years. i didn't see none of them. last four years, i didn't see any of them. >> i noticed in your brief thath=

the vendor or wholesaler that you purchased these e-cigarettes. they didn't explain to you that there will be necessary requirements. >> not until march of this year. >> thank you. >> we can hear from the department. >> we're hearing from the department first. >> we'll take public comment later. >> director goldstein. in response to appellant's argument you have before you the informational packet that was sent to all tobacco sellers.

as it state in bold language, each saler was required to request i.d. when an individual was seeking to purchase electronic cigarette. federal regulations require in if the individual looks 27 years or under, that we ask for identification. so the comment that they didn't know about the law, that it had been in effect for five years and california pass thee2f prohibition saling e-cigs to minors in 2010. he didn't know about the law that impacted his business.

he believed the individual wasx[ not a minor. it's no basis overturning the director suspension. the suspension is consistent with the suspension, the& period of suspension that has been imposed. these are the other salers and tobacco products on a personal note this morning coming into work, i happen to be going to survey the car next to me. i saw a very cute girl in the front seat the passenger seat. was probably about ten years old. i looked and i did a double take because she had smoke surrounding her. she was smoking an electronic

cigarette. i was completely taken aback by that. now, i also i want to mention that we do have representatives from the department here to talk about the outreach they have conducted. they did send that informational packet to both owners of this location and they can also talk or address any questions you have and talk further about their outreach efforts. >> before we do that, question, you indicated in your brief that electronic cigarettes have been added to the legislation about five years ago? >> that california passed the

prohibition sellingaçpd. electronic cigarettes to minors in 2010. now sellers must apply for tobacco retail permit. >> if they only sale e-cigarettes? >> correct. e-cigs is banned wherever traditional smoking is banned. that is more recent. the prohibition has been on the books for five years. on that note -- >> all questions should be directed to your staff or you? >> it depends on what the question is.úm >> i got several. what is required for a wholesaler to sale? are you aware of what wholesalers are required to sale

e-cigarettes to retail? grandmother -- >> no i'm not familiar. i would say it's certainly not upon the wholesalerber" abreast of the requirements of are the individual locations. >> i know recently, you supply us with a presentation in regards to e-cigarettes. how long the enforcements has been going on in regards to e-cigarettes. >> we hate[lnn> before you answer that question i( +> we can remain available. i'm jean, i'm the manager of the

regulatory program for tobaccoc retail sales permit. we have the staff from the tobacco free project who can talk to you more about%m outreach. if you have a specific question. what i wanted to just make sure i highlighted for you with respect to this case is as we mentioned, the law is not new. it's fivegp the decoy operation work to see if the businesses that the local department gives permits to are complying with all of the laws. so we issue the tobacco retail sales permit to almost a thousand different businesses in

the city that sell historically tobacco products. we also required them of stores that were sales e-cigarettes. lot of stores sale both. he already had a tobacco retail sales permit from us under the existing law. therefore, starting in 2010 he was subject to all of the laws of the state including the fact that e-cigarette sales to minors was not allowed under the state law. >> the question was, how long -- when did you start the decoy process in regards to the e-cigarettes? >> i believe it was last fall. >> you have a rough idea of how many establishments you have

come into? >> i think -- i do not know. i do know that on the day that this establishment was visited there were at least five and possibly six other establishments that we visited. i believe that two of them sold e-cigarettes to minors on that day. so four didn't comply with the law and saw the minor who attempted to purchase and refused to sale. >> the reason why because we have two similar cases on for this evening. one has withdrawn. the first onewk(jp was that it was a new employee. this permit holder is saying that he was not aware of the required compliance. >> one of the things health department has been trying to work with the

businesses on is ways to get at the root of the problem in the purpose of the law to is to prevent sale to minor who are the ones most vulnerable to starting nicotine or tobacco habit. the vendor who withdrew their appeal this evening they had voluntarily decided not to sale e-cigarette devices at all. dr.airagon who heard some of these cases has said that for those businesses that were going to make