mr. kwong. >> excuse me. >> are you sick already? >> i'm starting to come down with something. >> sorry. >> good evening commissioners, john kwong from the department of public works. in the rebuttal, when i was listening to rebuttal, it strikes me as interesting of the argument again of the 300' radius, the block face, and all the associated really detailed related to both the ordinance and how we process permits it's relates to mobile foods. the statement on one hand stated that when we evaluate for like foods we should use the 300' radius as established per the notification. however, in the same vain vein, it doesn't make sense to the department how it should be interpreted. we had always interpreted it assessor's block. you are seeing the notifications for the food trucks that happened, adjacent to, i believe it was on speer street which was one appeal. all of these were defined by the mid-block of that block defined by the two major streets. that is how we always interpreted it. i will go back and revere if i with the city attor

>> on the record. >> by mr. kwong. >> thank you. >> i think i would prefer it's on the basis of the department's analysis. >> i will take that amendment to my motion. i will accept. >> so again, on that motion from the president to uphold this denial. on the basis of the dpw's analysis. on that motion, commisioner fung? >> aye. >> and commissioner hurtado is absent. vice president lazarus? >> aye. >> and commissioner honda? >> aye. >> thank you. the vote is 4-0, with denial is upheld on that basis. >> we'll call item no. 9, appeal no. 12-101,shumei fang doing busne

>> on the record. >> by mr. kwong. >> thank you. >> i think i would prefer it's on the basis of the department's analysis. >> i will take that amendment to my motion. i will accept. >> so again, on that motion from the president to uphold this denial. on the basis of the dpw's analysis. on that motion, commisioner fung? >> aye. >> and commissioner hurtado is absent. vice president lazarus? >> aye. >> and commissioner honda? >> aye. >> thank you. the vote is 4-0, with denial is upheld on that basis. >> we'll call item no. 9, appeal no. 12-101,shumei fang doing business as ceo health club, inc., versus department of public health, appealing a 90-day suspension issued on august 14th, 2012 of a massage establishment permit. director's case no. msg12 -39. this matter is on for hearing. we'll start with the appellant mr. horcher, you have 7 minutes. >> it's getting late. i am soring you are feeling ill and congratulations president hwang and vice president lazarus on your ascension. all of that talk about coffee and the gen

mr. kwong. >> good evening commissioners john kwong from the department of public works. there appears to be a continual different interpretations from the various parties related to the department's process. let's first go to the notification. the notification as stated by the various partis is correct about what is a truck. it's located -- the notification is to be 300' radius from the mid-point of the block or the length of block, whichever is greater. that is how the legislation is written up. when it's a food cart as such at a specific property address it's 300' from that throt.lot. it's relates to the evaluation of like foods, the department tries its best to make sure it's been 300'. we make that determination as it relates to like foods. now to suggest that we use a 300' radius, it would be as the bird flies, which would not be appropriate. previously under the previous legislation that has been since suspended which came from the san francisco police department, the police department requires 600' distance, which the police department actually uses a measuring wh

. >> mr. kwong, anything further? commissioners the matter is submitted. >> i am inclined to deny the appeal, uphold -- i'm sorry, deny the appeal, and strike the permit. uphold the department. sorry. based on what was presented. >> i agree. are you making that a motion? >> yes. >> i will second that motion. >> the motion then to deny the appeal and uphold the department? >> yes. >> so on that motion from the president to deny this appeal, up hold the denial. and it was on the basis of the testimony presented? >> on the record. >> by mr. kwong. >> thank you. >> i think i would prefer it's on the basis of the department's analysis. >> i will take that amendment to my motion. i will accept. >> so again, on that motion from the president to uphold this denial. on the basis of the dpw's analysis. on that motion, commisioner fung? >> aye. >> and commissioner hurtado is absent. vice president lazarus? >> aye. >> and commissioner honda? >> aye. >> thank you. the vote is 4-0, with denial is upheld on that basis. >> we'll call

the findings were wrong and if you ask mr. kwong he will tell you they were typos. it doesn't have to do with like foods at all. we would request, actually that you would change them, because they refer to a notice provision that has nothing to do with like foods whatsoever. i am going put on the overhead the two findings that you could consider changing, if you wished. here they are. one is there is one like food espresso within a 300' walking distance and provides reasons for which you could reject the starbucks and substitute the other one there have no like foods espresso within a 300' walking distance. so if you wish to remedy that type [kwro-erbgs/] that would be great, but it is a typo and mr. kwong would tell you that. let's talk about the notice that r

yes, it's been 300', but as mr. kwong will tell you, it's just a factor that may be considered by dpw. there are lots of other factors that could be considered, including the fact that starbucks is a gigantic name-brand that people will go to no matter what. they have wi-fi and sell a full menu. in terms of like foods as my client has mentioned he make his living only with the sale of espresso drinks and coffee. if you look at the guidelines and this