this is protesting the issuance on september 28th, 2012 to expresso subito llc mobile food facility sale of espresso drinks. this matter is on for rehearing today. this public hearing was held and closed on november 14th 2012 and at that time a motion to uphold the subject mobile food facility permit did not muster sufficient votes to pass the permit and was upheld by operation of law. we'll start with the attorney for the appellant. >> good afternoon, commissioners. i think i made four valid points in the briefing and i'm just going to highlight those quickly and yield the rest of my time to the merchants. the first point is the most salient point which is the due process issue. i think the applicant has admitted or has not disagreed that at least two locations, 301 sacramento street and 303 south sacramento street did not receive notice of the permit. and they sort of tried to distinguish between the notice of the permit and the notice of an appeal and i think those are two very separate issues. the public works code says that businesses within a 300' radius are entitled to receive not