there were two. did she have time. >> she had two minutes and 12 seconds and she stopped. >> you can sit down. can you approach and if you can give him two minutes, please. if you can identify yourself. >> hi, my name is mohammad, i'm the owner of oasis grill. so i want to talk about three issues. number one that the items this cart plans to sell is hellal food, rice bowl and it's already being sold by the block. more than my establishment are selling the exact same items for years now. it's not difficult to sit up shop in location that everybody around you is selling the same things. it would be smart to put yourself in the area that does not sell your menu items.

i don't know understand why of all locations this businessman would like to compete with us. and be next to us. he knows that the other restaurant owners they higher in this area and d.p.w. charges him next to nothing compared to about what we pay. basically he is getting a free ride. number two, there is another cart selling the same items as he plans to sell just across the street. they are so close that if you order with one of these cards the other card would be able to hear your orders as well. number three, i am concerned about public safety. this specific corner is already super heavy with foot traffic when people lineup to order they will not be in the straight line. they always block the streets

between this and people using their scooters on the sidewalk and all the homeless on the streets accident are sure to happen. thank you. >> thank you. >> we will now here from the permit holder. >> hello. my name is roman. i am also part of golden gate food cart. first of all, our cart is not the first push cart in an fran. about the food burning and the safety of us, the health department requires a push cart have a sink to wash their hands. we're trained and certified to have the same safety issues of the food and plus the permit we've started in 2016 and we pent two years to find a correct location which matches the requirement of san francisco.

it's by all other push carts, restaurants and they have the requirement and i should go through that to approve. we find more than eight to 10 locations which was not matching what the city wants. finally we find a location and it's not only 25 feet far from what they think. it's actually from our location is here and it's not only 25 feet -- it's not only 25 feet but it's 450 to 500 feet away from what they're located. the public department has the documents and they think that --

that d.p.w. is ignoring the park of existing locally small business and abusing the m.m.p. ordinance by issuing this m.m.p. permit for food carts. the public departments reviewed and they approved all locations of whatever the city department is. about the impacting about their effecting their businesses, if it's really effecting their businesses, they will not be able to open more than five to six locations in san francisco. everyone has their eye to work and support their families. we work in play for them and they put hard work. they pay under what the requirement of the city is and they are hard on us and we didn't make enough money to pay our rent and anything and they say there's a lot of expenses for their business too. we have expenses too. we're not only cooking here

we're in the commercial kitchen. we know about our safety. we don't leave dirty on the street because we're working o.p.p. for one day. we have to clean that and the city has the requirements like health department always coming and the fire department is are checking on us and always we want our customers to be happy. we don't want them to write a bad review. we seek for a lot of opportunities there. we come here five years before and for so blessed we are here and we are happy that there's no one is a place where they're listening to us. we really see a lot of hard time in afghanistan and now when we come beer we find a place which is no issue, it's not effecting their businesses and we are 500 feet from them. it's not the thing they could hear my voice come on. there's another restaurant near to them. our food is totally different than what they're saying.

it doesn't mean middle eastern. afghan and it's different spices and different materials and we cook different and we use a lot of different. it's attached to the other fast foods and they're selling the same french fries there's no issues. i'm saying there's no issues and i can't see any problems. the public department says that we don't have any issues to be here and they already passed all those what we're asking from them. and we also have ride to work here. we have families here. i have two kids. trust me i was driving for uber sleeping three days in my car. now after spending and working for hours and hours and spending walking by streets to find a place which is matching. one of them doing a secret regard and other doing uber.

we have the right. they are opening several business locations there and i'm not saying so it's ok we also have rights to bring something for our foods. we're living paycheck to paycheck and now after long time of food cart standing for more than three years we're training them. so we just are waiting like you can ask to bring like how many times i ask? more than three years i'm just standing. i just want to work. we are all educated but when we come to the united states we have to go over. i can't go to school to start back from over. and if nothing happens, so i am responsible for my son and for my family and for everything. i'm living in mow des toe but i'm moving from free mont and i'm supporting them to make money for my family. i'm not effecting their business. i know about the safety and the fire department and health department and about the safety of our people and i'm so blessed

that i'm a u.s. citizen and i'm supporting the country and i have free dem here after hard time of living there. so we're not doing anything wrong. that what our right is to have and operate the business. we know about our cities and we know about the people. food born is not only assisting by food costs, it's by not having a right in place to work for them, not train and play. the food born starts for the kitchens too if they don't clean it right away and they don't provide service for their customers, of course there is a sickness. and we are always like checking from the health departments. and the push carts

we no foods and it's something they think. i don't really see anything s that's all i had and i hope they hear something so we can go out and do something. thank you. >> just to clarify, when you indicate a 500 something feet away from who? >> from the one they are complaining. >> i understand. >> are you done? >> yes. >> and is there another hallah food cart across the street from you? >> it's not going to be there. it's the other side of the street which is like more than 400 feet. more than 600 feet. and it's only effecting by financial i don't want other business to effect their business and now these people are going by reviews.

it doesn't matter how closure even if you open your business inside the business it's the good and it's always come to you. >> thank you. >> you will have time under review and under rebuttle. >> thank you. we will hear from the department. you have 14 minutes. >> good evening. my name is brian cohen. i will be representing the department of public works. i'm just going to read my page here. so, good evening. i'll present a brief history of the mobile food facility permit application process for golden gate hallal push cart permit 16mff0094 and respond to a few of the appellant's arguments.

the applicant applied for the mobile food facility permit april 18th, 2016. public works reviewed the three proposed locations and determined them to be in general compliance with the location criteria specified in article 5.8 section 184.85 of the public works code. location number one is 1 jump street. the push carton the located on the north side of market street and 35 feet west of the intersection of california and drumm operating mondays, wednesdays and fridays from 8:00 a.m. to 8:00 a.m. the other is 979 market street on the is the side of market street. 80 feet north of the north of intersection of sixth street. 6 and market street. operating monday, tuesday and thursdays from 8:00 a.m. to 8:00 p.m. and the location is 1169 market

street push cart located on the south side of market street six feet northeast of the bart underground entrance operating wednesdays, fridays and saturdays from 8:00 a.m. to 8:00 p.m. this location, however, has been conditioned and will not be able to be renewed following march 2020 until the fronting development is completed. on september 11, 2017, public works proceeded with the 20-day public notification per section 184.88 of the public works code. during the notification period, public works received five public comments per section, 184.88 at at public work code. the public hearing was scheduled and scheduled and held on

november 22nd, 2017. there were four testimonies in opposition to the mobile food facility during the public works hearing. concerns regarding over saturation, cleanliness, safety and fair competition and use of propane tanks. following hearing the director of public works commission approved the permit application 16mff00944 with d.p.w. order 187536 on may 17th, 2018. they appealed the issue and said the permit is here today. regarding the appeal, neither applicant submitted a brief for public works to review and respond and regarding some of the items listed today and if they did in the letter they submit beside theisubmitted wit.

they did pass legislation, ordinance number 119-13. regarding regulations from our food facilities within the public right away. article 5.8 provides guidelines and review criteria for public works to process interview and mobile food facilities applications including quantitive site criteria such as the 75-foot clearance requirement from the restaurants. but it does not define review criteria regarding restaurant density and m.f.f. quantities in specific areas of the city. ordinance states some intent in the findings that establish article 5.8 to locate in the city but it does not define the parameters for public works to determine which areas are under served therefore the decision following public works hearings can only be made on a case by case basis as the decres of the public works direct hor.

the director determined that the permit application may proceed with conditional approval and with consideration of the information presented at the time of the application during the public works hearing and with the recommendation of the hearing officer. public works feels -- another thing was brought up was like foods and that's no longer in the current legislation requirement as i understand it it used to be in the previous legislation or it was month hot tied in 2013 tmoved.public workd conditioned the permit number 16mff-0094 for the golden gate halal to operate at the three locations. i'll be available for comments. >> i have several. >> i'll follow you. >> so, food trucks, food carts.

every week we have one or two. so much grey area that we've had your department come in and indicating each after they left there's still a lot of grey area. one of the things that i understand that like foods is no longer on the table. when the number one factors is under-served areas. and the question i have, the permit holder says that 400 feet away people behind or probably going to say it's across the street so how close is that other food cart that serves the same food? >> so i went through our system. i wasn't able to get the actual names of the carts but for the drumm street location --

>> there is one-on-one front street on the market street. i'm not sure of the other -- it doesn't seem like there's another one across the street. the dots are just showing the property they're on. the purple dots are application not approved locations. so there is anna proved one over here but this is the location where they are proposing. >> they're proposing where the star is located, is that correct? >> a little bit to the south on the market street front age. the stars up a little bit. >> ok, and so according to your department there's no other food cart within a block or two? is that what you are saying? >> i'm sorry, sir. >> there are illegal vendors but from the maps it did not show a permanent food cart across the street. >> i guess that's my only question because they're going to come up and say something different and they don't have

another question. >> you may know there are unpermitted food facilities in the city. >> i think that -- >> i'm so frustrated by this because i believe that d.p.w. sets us up to get tortured every week. now, under served. under served to say that this area -- how do you filter under served. i am as upset as the poor woman who operates the restaurant. how do you filter under served? do you, mr. cohen, give me the process by which you qualify. do you make the decision or is it someone within your staff? >> it goes through the hearing process, the hearing officer will make a recommendation. and management, my manager and then the city engineer and the director will approve the decision. >> what is the qualification to

evaluate? what is the filter system to evaluate an under-served area? >> that's not, i guess it depends on the director, essentially. there's no criteria. >> i'm going to badger you, i'm sorry, i apologize to my fellow commissioners because i get accused of badgering. this is driving me crazy. because we had one last week which i think were long to approve because ice cream -- there's so much ice cream in union square the saint francis hotel 27 different restaurants, we were mistaken but that's last week. what we still haven't addressed how d.p.w. qualifies under served? what is the filtration process of under served for this area which is in the legislation?

>> i would say that there's no defined criteria for us to use to determine one. what is under served or what is served versus under served or saturated. there's nothing to define so we rely on the hearing officer and the director to make the final decision. >> mr. cohen, have you, by any chance, walked that area? >> i have. >> ok. how many -- let's start with food locations are there in -- if you use the proposed food truck location as a epi center, how many restaurants that serve food, that is probably in the price point of that proposed push cart. how many restaurants do you think there are? 30, 40, 50, 60? >> i have a good little -- not

really the price point. >> why is that -- >> i don't know. i've been to the area. i'm certain the price point is higher. >>' all these little dots. that's fully served. i don't understand -- i really would like, i'm probably going to come here in our next meeting and during commissioner comments and make a formal credit that the board of supervisorses review this whole food cart legislation, because what they intended, what is clearly state and what is reality has changed. about what is the filtration process of over served area it would seem this area is fully

served and with all due respect to the individual who is trying to get in the business there, it's fully served. this flies in the face of the legislation and i would like to know what fully served it and what the filter that the d.p.w. uses to qualify what is a fully served area? simple question. >> he stated my fellow commissioner, there's no definition and reading between the lines you would have to -- it sounds like it's a discretion and some might even argue arbitrary. i'm not sure he can answer your question. i don't care how many times you ask it. >> i understand. >> you are venting. >> the point is that the arbitrary and discretionary for me is problematic if i am a

small store owner that is operating under a different set of criteria then a push cart person. and until d.p.w. can clarify and define what is the defense in the agreement of what is over served or under served area then i don't think we should approve one more food cart in the entire city of san francisco unless it's somewhere really where there are no restaurants in the area. or certainly a complaint that there are not enough restaurants in the area. that's it. thank you. >> if i may just interject a little bit, i think it's a question that all of us have had. i'm not sure it's necessary for us to go to the board of supervisors. the critical point here is in

everybody's touched on it is in the letter of stating their action on it they represent very clearly that the underserved definition is at the discretion of the director. now, they don't share information in that letter or their findings as to how they made that determination, which puts us all at a loss. maybe they do have a filter. maybe they do have things they can define that relate to under served. maybe the previous legislation which used to have discussions of radius of distance and how many and this and that, you

know. maybe they don't. the problem then is that why should the director of public works have that discretion? when the legislation was attempted to clear this is the third one. was attempt to go clear up the ambiguous of the pre two. >> i agree. i have it in full print under serve areas what is the matrix for. i'd like to see if newt what the hearing offer how future that the hearing officers addressed in writing the reasons why over turning each and ever one of these objections. i see the proposed complaints from the appellants yet it doesn't address any of those and we're ignoring you, we're just going to approve it because i want to approve it.

that's kind of what i read into this. and i'm sorry that you are the messenger that is getting slade. this is something that repeats. i believe you are going to go through the same thing on the next case. this is only round one so you are going to be here for all to around 10:00 tonight. please hear what our board is saying. >> thank you. >> let's continue with the hearing. unless further comments or questions of mr. cohen. >> not of mr. cohen. >> i'm sorry. >> thank you. >> we will now move on to public comments. is there any public comment on this item? please lineup if you can against the wall. we have a number of commentators. >> good evening, ladies and gentlemen. i own a subway on drumm street and 711 on drumm street. commission swig to answer your question sir, the application for drumm street, 48 quick service restaurants in a two-block radius sir.

>> under served. >> i am primarily here to talk about safety. we, as restaurants, and as brick and mortar, establishments are so heavily regulated by all government agencies i have a machine. i'm required to keep a hazmat plan binder which is four inches thick. with full details of a plan as to each and ever cleanser that is used in the stores, how we handle those. i wish i had brought it with me. it's four inches thick. and where as, the push carts. i don't know how to operate this sir. >> overhead, please. >> >> face it as if you are looking at it, sir. >> right here, sir. they have a bomb setting on the street.

it's a propane tank. and high traffic areas. in san francisco and most other jurisdictions, people are not allowed to carry propane tanks in apartment buildings. how are they allowed to do that what is preventing this from happening? with a propane tank. this is a taxi colliding with a shoe shine stand. what if a taxi collides with a propane tank? health issues, currently look at this push cart. >> face it as you are looking at it. >> thank you. >> i'm not very good at this. >> look at the pigeons around. pay attention to the pigeoned around the push cart. this is the real situation on the streets of san francisco.

all of them are required to have this certification or a letter within 200 feet from any property owners. d.p.w. has not gone back and reassessed or re-evaluated whether those are genuine or current. i can guarantee you those are not. thank you, very much. >> thank you, sir. >> next speaker, please. >> thank you, i'm james ross. i'm building manager for 8 california street. which is covering 16 cal to two cal and one just 15 drumm. though we did not receive hearing notices about their initial application, we did find out about this application being

approved and we have bart, we have moneyy, cable car, all in that area and all at 8:00 in the morning and heavy pedestrian traffic. we have added security down there because of homeless. we have a newspaper rack in front of number one california that would cause an obstruction and setting past that would any struckers seeing unload their products to the tenants that are trying do get stuff. i have counted down to california in front of our building down to sacramento and back to 50 cal where the chipolte restaurant is. there are 14 food service places that serves some type of food that maybe he would be cutting

into. my biggest objection is 8:00 a-p to 8:00 p.m. is busy times. you can sometimes never get around it when you are trying to, the pro pedestrians are trying to get around both corners and you are blocked. street light stops and they're standing there waiting to go and no one can get through. i don't believe a food truck or a cart should be allowed in that location. thank you. >> thank you. >> next speaker. >> sorry. >> >> my name is erik and i own cafe just around the corner from one drumm. i just want to mention that i never received notification of this application. i believe that anyone who walks that area should know it's a particularly short sidewalk with a lot of foot traffic. a cart in that location doesn't

make much sense to me and i just want to reiterate this is already a very well served neighborhood. >> thank you, next speaker, please. >> >> good evening, everybody. unfortunately we didn't get any notification regarding this new upcoming business with many with the same of the food coming just a block across the street. this new coming business it's not only sharing a name of halal cart or halal food with us it even shared the food because we are serving the afghan food with the same 99-point 9% menu or nature of the foods and the gyro and the chicken and not even a one paris hilton person difference in between these two

foods. what i believe, if this new business just across the street to ours it's not going to bring anything just the situation to the halal food market where we already have two businesses in operations. the oasis and the halal, llc. we've been running that business for six years. if just this business comes and starts serving the same food we were serving so i believe if we serve the same food, we are serving in close proximity to ours is to the oasis we'll have a significant negative impact on our businesses as will as on the oasis who are serving the same food. what will be the consequences if they come to our business and both the businesses will be operated. they will go out of business.

we have to close the door. i will ask the board members to not let them in and to serve the same business we've been serving for years. >> how close in proximity is your cart from this location that is proposed? >> just across. we are at market one. >> thank you. >> thank you. >> next speaker, please. >> >> my name is jackie and i have worked for eight years. i started working at a young age. i started working at 15. i had a few jobs. >> can you speak into the microphone. >> do you work for anna pel ant. >> you need to speak on her time

and not as public opinion. >> ok, thank you. >> >> next speaker, please. >> >> good evening. i'm owner of the property that they have -- the restaurant. unfortunately, san francisco and it's all over the so-called media is getting a terrible reputation for dirty streets, for food waste and all kinds of problems on the sidewalks. conventions are leaving and we're seeing a real downturn and getting a lot of publicity for this s what you are going inform do is add more garbage to the streets, more rats, more pigeons, and to an area as someone already brought up,

you've got bart, you've got the cable car, you've got the muni, you have the presidio go, huge one of the most important areas of san francisco and i know d.p.w. is trying to have to send a cleaners there every day and i know the chef hoses down every day. it's a real problem. it's the owners of it. i know like apartments, if you have any tenant that has a barbecue with one of those gas things, they will tell i he has to get that barbecue out of there. that's the law. that's what any building inspector will tell you. yet they're on the streets with the same thing. and then you talk about sanitation. in front of union bank on california street there's like

eight food trucks and you ask people where do you wash your hands and go to the bathroom. we go to the bank. did you try to go to a bank and ask them to use their bathroom? has anybody done that? try it. they lie about the bathrooms and they get away with its basically getting away murder the way they operate. with these gas things, these sanitation issues and one other problem with san francisco is unfortunately, with the internet, retail has gotten really bad. one of the few things that fills a vacancy is food. it's food. so if you are going to kill the brick and mortar food it's going to just make the city worse and worse. thank you. >> thank you. next speaker, please.

>> >> good evening, my name is sai de i'm from golden gate. >> can you move the mic closer. thank you. >> sure. good evening, my name is sad from golden gate halal card. >> you are part of the permitte, right? >> you are with the holder. well, you need to speak under his time. not as part of public comment, ok. >> just a public comment. >> well he has three minutes. you he will have six minutes. you can't speak now. >> ok. >> you can speak on his time. >> you will have an opportunity. is there any public comment. no. we will now move on to rebuttle. we'll hear from patricia gaston. you have three minutes.

>> thank you. seeing what is going on with these food carts, i've been in the food industry for many years. i used to be the teacher at the california culinary academy, where we prepare professional chefs to go out to the real world and be successful. it is disturb to go see what is going on with all this new rising and it's very increasingly going up into the most recent years. looking at the location where my school was, in the tenderloin district and we moved, it's a huge change and the demographics in what is going on.

to comment from tourists and regards to how dirty our city is, the pests from pigeons as i stated earlier in my statement about th the safety and sanitat. the food i get from the business every morning is disturbing to see the amounts of garbage, leftover food everywhere in the streets. it is a shame for us in the city to allow this to continue to happen. so, i am very strongly objected to allow this to happen to the city and also to us as a business. we have a humongous overhead. we pay gas, we pay insurance, we pay employers rent, water,

taxes, and janitors and then we contribute a lot to help with the problems that we face with the drastic numbers of the homeless people in our city. we have seen a huge decrease in our business because where the bart station is at california and drumm there's a place for food, a food stand. i go by there every day. i go look and i see how people really have the courage to go and support when the birds and everything the drippings are everywhere in the smell of the decomposed food on the sides of the street. the tourists comments and a lot of people don't want to go there anymore and it's effecting drastically our business. thank you. >> thank you. >> we will l'isle-verte fro hear

appellant. >> you have three minutes. >> thank you. >> face it like you want us to see it. or you are looking at it. >> thank you. >> >> this is the d.p.w. permits for football food facilities and this is all within one block radius. this is front street. all of the dots are food trucks or food carts. like i said before, we have the highest concentration of casual restaurants in our area and we're just lunchtime. we're not talking about nighttime. these carts affect us in ways and like i said the average rent in our area is $10,000 and up and a month. our expenses are over the top. like for me, oasis, i have the

small place on the corner and for two years i've been trying to open the new oasis and i'm going to move next door and for two years i've been stopped by p.gpg&e because they made us bud a gas room and excavate the street to get us a gas line. it's cost us $90,000. that's what we go through in the city of san francisco. these guys bring in the cart, they pay $5,000 maximum for entire year and i have to pay two years, two years to open up and make a nice restaurant for the people of san francisco for the tourists are san francisco. and the is it city a proves, d.p.w. didn't inform any of us. we did not get a notice. they deliberately do not tell us they are putting up these carts. all of us on the street, the street of drumm from one drumm to 47 are all restaurants. the entire street. across the street is embark a darrow center full of

restaurants. it's supposed to be for under served. i don't have a problem for under served. when you are in the highest rent district that rivals new york and manhattan, how can you permit these people? i don't mind anyone doing it but do it the right way. do it the way i did it. i invested in the city. i invested in the infrastructure of the city and i support employees and i support the city. he has a right to make a living but he doesn't have a right to push us out. i'm a second generation born in san francisco. my husband and i were young and we took a chan chance and we spa lot of money. i don't get to do four restaurants in one deal. it would cost me each restaurant right now to do a casual restaurant, it would cost between $400,000 to a million dollars in the city of san francisco. >> thank you. we will now hear from the permit

holder. you have six minutes, sir. >> once again, about the notification would they have a person as i mentioned they are so far away. more than 500 feet. of course i have not receive notifications because they're so far. 300 feet who are around the 300 feet they're going to receive the notifications but where are our food carts. i really request from the health department they should review the picture where it shows a lot of food and the pigeons were there eating it was the same picture from the halal carts. i just really personally want them to review that one. the other thing is about the gas propane. the food cart is not only the cart who carries the propane gas, they also use fire.

of course we don't have roof on top. people are not living in a and if something happens, first of all, safety we concern our own safety. we're going to be like the fire department that will come and check and the health departments alsalways check ounce, we don't leave the food on the streets. they provide food for customers outside if they don't clean it of course something happens. if the same thing for everyone. the other thing is about the propane that they mentioned. cars carry propane, it's the same thing. if something happens it will affect me. which ulsrud always consider our safety first. if something happens in the restaurant of course the whole building will get fire. don't they also use fire to cook. we don't really use a lot of cooking it's outside of the cart in a commercial area. which is designed as a commercial kitchen. we use it and we just reheat it

which we don't use a lot of fire we stay there using a lot. the second thing they're saying they're going to open the next business which is been two years they're trying to open it, if they do make money they're not going to be able to open the restaurant. of course they're making it. they're seeking the profit and making money and they don't let other people to make extra money so they can run their families and their life. how come if someone is not complaining that they're not making money and opening a new location and waiting to make another money and to run their lives. they're talking about $400,000. we also are paying taxes, we're going to pay the taxes, we have expenses of the gas generators, moving the trucks, cleaning, parking the carts in the defined place, washing the carts and

taking care of the carts and the gas and we have insurance too. and above all, the other food cart which is complaining he is not receiving knows indication i mention they're so far from us. that's why. the public department lady, which her name is see see, who is checking on us, we walked by herself and see the carts, the push carts, the restaurants, which are far away. the other cart that our food is the same thing now there's a public department, they do consider about the food meals. it's not really effecting the public department. they don't care about the same foods. they just care about the distance, about locations, and nothing. >> no comments from the audience, please. >> please go ahead. >> continue. >> i will give my other time to my friend. thank you.

>> >> hi, good evening. my name is said. they said we didn't get any notification from city hall. city hall has their own requirement. they're starting their golden gate halal cart, they get a big book. this was the requirement of city hall. and the golden gate halal owner just by their requirement and they have the requirement of city hall. after this, they chose this part in judge approve it there was not anything like something illegal. the other thing that i'm just going to mention is first of all they put five restaurants and there is 711, they're selling

the same thing. they're selling halal food too. actually they're close to sacramento street and they're coming from sacramento to market street. this is like 500 feet far away. by the law, by the law of like city hall it's supposed to be 7. this is 500 feet far away. how are they going to come from there and not let anyone to open their own business? they have like 10 or 15 restaurants i15restaurants in tn francisco. no one else allowed to open their own business? they're going to fix their life. how is possible? this is one thing. second thing, when they cook their food, they have their commercial kitchen and they're cooking there by the degree and by hotness and coldness and all of them have the requirement from the city hall by the health department. we go by all of them by the

requirements. that's why the judge approved our case and they denied them. then they will do anything wrong they're going to give a decision to just go ahead. we did everything by-law. by legal way. like by requirement of city hall. and the other thing when they talk about safety, they went to school and they did everything like clearly and after this when they go, they cleaning their not just them all of the carts. all of the halal carts when you see in the city they cleaning and they have their own safety certificate, everything. >> ok, thank you, sir. your time is up. thank you. >> mr. cohen. >> i have six minutes. >> ok. the under served area criteria aside, to address some of the other concerns. so in the process of review we

did review the radius maps submitted for the notification. i'm not sure why they did not receive a note indication but they should have if they were within the 300-foot radius. and also the notices should be posted at the site for people walking by to see as well. regarding the cleanliness, there is a requirement in the code, the good neighbor policy, section 194.94. item e. the employees of the mobile food facility should walk 100-foot radius from the location sometime within 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons.

so that is regarding the cleanliness. in terms of the bathroom verification that is a require. of the health department so if the mobile food facility permity cannot obtain a health department inspection and decal as well as the fire department, their permit is not valid under the public works code. so that is addressing that. i think that is it. >> are you done? >> yeah. >> so you showed the book in regards to enforcement. that's like the speed limit, 55 or 65. what is the enforcement? does d.p.w. go down there? who does the physical enforcement? >> so if someone explains compls

through 311, our inspector will go out there and review the condition. if they're found to be the cause of the complaint, they'll get a notice of correction and then -- i'm not sure of the exact process but ace understand it it will be a notice of correction and if it continues a notice of violation and if it continues after that the permit is revoke able at the will of the directors. if it continues to be a problem. >> can you get that the next time. how many violations are given because of this? this is going to get a lot tougher regarding food carts and

trucks. >> just in general -- >> you want the calls. >> calls for complaints for food carts and then following up, you know, if there's issues of notice of violations that are given towards that? and if it's not just on d.p.w. then at which point maybe the health department should come in regards to food carts as well. >> i don't mean tuesday yo to ua dart board. >> can you describe the formal notification process you alluded to that there was a noteification. can you go through the process of noteification? >> we reviewed the location when the location is it shows a

300-foot. so if it's a food cart, it's 30d truck it's 75-foot radius. >> we do the mailing with those labels and stamps. we verify the radius is correct. >> and i'm thinking in terms of other notification requirements

that we have, how do you get the list of addresses? how do you make sure those maling labels are appropriate? you are dealing with a very high density area, number one. they're high-rises and multiple structures. how does d.p.w. verify those lists? where do those lists come from? how do you know that they're quality and how do you know the distribution is going to be thorough? >> of cours often times they haa base and the office to collect those and they have to sign the affidavit verifying it was correct to the best of their

knowledge. >> we don't check into every action to make sure they get everybody and we spot check as we can. >> ok. >> next, i know this is really a question for the health department, and you can't answer it, but i have to put the question forward. it was stated in testimony, you know, we use where do you go to wash your hands. oh we go to the bank and it's true, if go to a bank can i go to the bathroom in the bank they'll look at you cross eyed and say find somewhere else. what is the process? i understand that in the application process, they are to show that they went to a

building ex number feet of their site. what is the process and police this and verify in fact that this is happening that in fact they do have a place where their employees can wash their hands and go to the bathroom and or someone else can as well. according to the statute. >> from the health department, i'm not sure to their frequency. from the public works side, every year the permit is renewed and we require they submit the inspection and a new health sticker. so to us that would mean that they have complied with the

health department requirements and in terms of how often they actually check they have a rest room within the specified limits, i'm not sure. >> could you, as the commissioner honda said, i think we're raising the intensity of our scrutiny on these permits because we're just getting them further and further and there seems to be a lot of shall we say space with regard to an interpretation and enforcement. could you come back with an answer or bring someone with you from the health department that can verify how they enforce, review, that in fact that the red sticker that they give at the beginning is actually valid and is enforced during the period of the permit, please? >> can i