the applicant's case contented with the various applicants of the defense and the witnesses. 20th oftate responded to the am can't's request for further particulars on & that is on record. the state commenced with its case by calling warrant officer hilton botha who testified and was cross-examined, followed by re-examination, whereupon the matter was ajuniored to the 21st of february 2013 for both to present the cart with written argument. on the 21st of february 2013, the investigating officer was recalled by the court, and clarification of issues as section 63 of the act. both parties presented arguments with the continuation of the proceedings to the 22nd of february, 2013, in which argument was concluded before me today. now the matter isefore me for issues surrounding ruling. >> have you be . >> have you been listening to the chief magistrate. let's listen in. >> i want to address the accused incarceration at the police station, rather than the prison. now, the practice, of course, is for an accused to be detained and remanded in custody to the local correctional facility. in t

and the applicant premise is located in a high crime area. the premise is located in the census track 128. located in undue concentration area. and there were no letters of protests nor were there any letters of support. the department recommendation is based on there is no opposition from southern station. the alcohol licensing unit of the san francisco police department recommends approval. the following conditions have been recommended to the california department of alcohol beverage control. number one, sales, service and consumption of alcoholic beverages should be permitted between the hours of 4:00 p.m. and 12 a.m. every day of the week. off sale consumption is prohibited >> loitering to stand about and linger without lawful business is prohibited on any side walks or property ajay sense to the premises. number four, no noise shall be audible beyond the area under the control of the licensee at this find on the abc form 8257. and finally, number five, the interior lighting there in shall be sufficient to make easily decertainable the ap

it's a matter of not just completing the application but the entire process. ge applications. it's a process where you have to continue to follow up. i want to make sure that parents and families know that if you don't have your tax returns because your tax information is very important in this application process, but if you don't have your tax returns nor the 2012 year you can use your 2011 tax information as estimates and then come back and complete the application and update it. we want families and students to remember they need to submit their fafsa by the march 2nd deadline. >> this is the difference between you having a job in the future or having a career in the future. there's the web address. they can e-mail you. what's the website address for these workshops. >> it's the cal grant.org website. >> sign up. there's free cash. >> thank you. up next on "comunidad del valle," the music of los renales. , cover it with crescent dough and pow! cheeseburger crescent casserole. double awesome. pillsbury crescents. let the making begin. here's a better idea. p

we did intend to brief a request by the ap applicant to talk about the neck of the woods previously known as the rocket room. however the applicant and the recommendation have requested a continuance to the fifth of march so that they could have further conversations before coming to an agreement before coming to you with a request of change of conditions. >> first of all, public comment on the continuance of tim choy doing business as neck of the woods 406 clement street? >> seeing none, public comment is closed. could i have a motion to continue. >> motion to continue. >> second. >> we have a motion and a second. >> the same, house, same call? >> thank you. >> next. >> item number b. atique rehman doing business as naan-n-curry. i am saying that wrong, forgive me. 336 ofarrell street, report on your compliance with conditions of issuing you the extended hours permit. applicant here? >> so, before we hear from the permit holder, as you may remember before you on december fourth, you should find in your binders the motion that was passed and the conditions of that motion relative to this

because we know that -- even with the prioritization within the application base track it still is the one applications that we receive from residents, so we want to reserve funding for doing -- sort of local pro-active efforts which we still achieving the benefits but focus on locations there is increased biking and walking and that might be partnering with another program and it might make it more comfortable and looking for those opportunities and improving geographic opportunity if there are areas that we receive more applications than others we want an opportunity to see if anything is missed through the application process, so the improvements we're recommending is about $500,000 a year and the other is $600,000 a year and for the school track we wanted to be more proactive and reduce speeds around schools and we match through the traffic calming projects and increase school area safety that include traffic calming as a component. a lot of funding will come from other areas like the pedestrian area and within the traffic calming use the funding more specifically on speed reductio

. >> so, would i encourage the applicant to please reach out to the district supervisor, and i know that they want to have an opportunity to talk to you. and i would also encourage you to reach out to the rest of the community, i think that it is only that could only help you something that could only help you. so without objection, thank you. >> if you could please call item number five. thank you mr. chair, item number five is the hearing to consider the issue ans of the on sale beer license to angel davis and nguej lay for 7682. >> i am here to ask permission to open a beer and wine bar at 315 ivy in haze valley. i have been managing the building for at last ten years and my best friend and partner angle davis and i would like to open a wine bar there and i was born and raised in san francisco. i went to schools all in the richmond. >> yeah, the richmond district. >> the same as my father who went to all three schools. my father operated and ran a deli a couple of blocks away from here for 40 years. is he now working with my grandmother up on market and church. she also has a deli up

the permitting process, the entire process takes around 45-60 days and will cost the applicant anywhere from $2000 to $2500. conditional use takes more time and is more expensive. several departments must weigh in. the planning department, department of hotels, building, electrical, fire, police, noise inspection plus a 30 day posted notice, the application that comes in advance to the public hearing at city hall. and outreach to the neighbors of any particular venue. before i focus on the planning part i will focus on the other departments going back to the health and safety purpose of the whole process. who want to be safe, the food, fire hazards, occupancy. all the inspections that building, electrical, fire, all are pass/fail. if there is something to have to correct they must correct it before they get a permit. to propose specific things the commission can accept or demand. the planning role starts from the very beginning. i will switch to be overhead. you have this on your desk. you don't have to look at the screen. so, this map of san francisco shows where place of entertainment

the planning department gets the application and holds it like the other departments.i get something back that says planning approved. and gives me some other information for the record. the process continues. there is a public hearing where the commission hears about the proposed use. we hear from sfpd in the permit officer at the permit station; we hear from the applicant; the commission will vote on the application and may attach conditions. the applicant is usually not done with inspections at that point. 40 days have elapsed, not a lot of time to have heard from six departments. once they are done with the long list the last thing is the sound inspection. we have a sound inspector on staff who does this. he goes to the space, sets a decibel limit. if there are specific neighbors above or cross the street or whatever, flushed out through this process and they want him to go to their house he will happy to do that. he will ask them to raise or lower the volume until it cannot be heard. that becomes part of the permit. once the permit is issued, we trust that it will

. >> it cannot be a permit condition and i think that it should be on the applicant to schedule that six months. it should not be on the staff to remind them. so you just mark your calendars and do it on your own. miss king could we have a vote? >> on the motion of the second missioner lee? >> aye. >> commissioner tan >> aye. >> perez. >> aye. >> tan. >> aye. >> akers. >> aye. >> joseph. >> aye. >> good luck. >> next item on the ago ahead and answer da. hearing and possible action regarding conditioning existing permits under the jurisdiction of this commission. and item a, tim choy doing business as neck of the woods at 406 clement. we did intend to brief a request by the ap applicant to talk about the neck of the woods previously known as the rocket room. however the applicant and the recommendation have requested a continuance to the fifth of march so that they could have further conversations before coming to an agreement before coming to you with a request of change of conditions. >> first of all, public comment on the continuance of tim choy doing business as neck of the woods 4

so, any member of the public wish to address this application? >> okay. seeing none, the matter is with the commission. >> motion? >> i move to approve. >> i second. >> the conditions commissioners? >> sorry. that is the police conditions. >> yeah. >> second that. >> commissioner akers? >> aye. >> perez >> aye. >> hyde. >> aye. >> joseph. >> aye. >> lee. >> aye. >> newlin >> aye. >> approved and good luck. >> robert patterson, dba, ken, ken ramen, 3376, 18th street, place of entertainment permit application. >> a complaint with this address, and once that complaint has been resolved, this item can be calendared again. >> so we are continuing this item? wonderful. >> now is there a public comment or a motion to continue? >> do we need a motion to continue? >> okay. well do we have a motion to continue? >> any public comment on the continuation of this issue? >> none? >> all right. then how about a motion to continue? >> i move to continue the item. >> second. >> item has been continued. >> now i notice that the next four items are all extended permits for s

so, you know, we always want to give the applicant the benefit of the doubt and give the opportunity. but it also reflects on the owner. are you going to be responsible? and this kind of out reach, offering free stuff to your neighbors is not what we are asking for. you should tell them, what you plan to do. i am planning to open until 3:00. so maybe that changes their mind. so, i am just saying, you know, for me, as a responsible owner, we are supposed to be doing the right thing and there is always some leeway or some things that slip through the cracks, but this is pretty big for me. >> i think that... what the commissioners are trying to say is that it is really hard to trick the commission. many of us are in the business, and we kind of have seen it all. so, it is important when you do community out reach, that you tell them that you are doing it because of the permit. because you are going to be opened after hours. and that you want to know that they are in support of that. and i think what you are doing is very admirable, feeding the homeless and helping people out and sharing

and i would say if the applicant really wants it he would try to do the best to try to fix it if possible. >> one of the things that i think that we can do and please staff correct me if i am wrong, is that if we wanted to go forward with this permit, we can condition it, can we condition it to end early? and only be a certain amount of days of the week? >> you have wide latitude in conditioning this permit. >> so we could do that and then they could come back in six months and ask for a release of their conditions or something. i mean that is something that we could do. if that is a problem, rather than to deny the permit. >> i think that i would like to pursue that kind of avenue. i have a feeling looking at the map and the way that the doors are that the piano may have to be situated somewhere else. but i think that if there was a time and that they could come back and we could reinvest gate this that i would like to do it that way instead of denying it. i do feel like they would take responsibility for any actions and they have since the last time we saw them. so, i kind of believe th

>> so the applicant has given a poster to post on property. it's my understanding that that poster was prepared and that a poster was placed on the property and confirmed by staff. >> when did that take place? >> that would have taken place in the beginning of april. >> okay. >> they did meet with the applicant right before the hearing in april a couple of days prior to the hearing. at that time they requested a continuance of the matter. and i believe the appellant, the actual applicant did appear at the hearing. i went back to review the tapes and we confirmed and he confirmed and stated back to me it would be continued one month to may. so this was my recollection and confirmed by the tapes. >> were you given any reason for the no-show on the may hearing? >> no. or the continued hearing? >> i haven't heard from anyone. >> thank you. >> mr. sanchez, you indicated for the july that two attempts were made to contact him. what form of con tact was done? >> i believe by phone after the may hearing. >> there was no answer? >> it's my understanding

is something that would you like, however, i will just say that there is a danger in doing the work for applicants for them. i mean, the same as handing them a security plan and saying here is a sample, why don't you do a security plan like this one and then you are going to get the same-sexty plan back at you. writing a script for somebody implies that they are not cap able as a business person to actually do their own out reach. and i guess that i am just speaking personally. i have a problem with that. because what i want them to present to you as commissioners is who they actually are, and their capability. if we at the entertainment commission lead them so far down a path that they present to you something that they can't sustain, then you are getting a false sense of what they are going to be doing as a operator going forward. it is really important that you see what we see. so i hear you and maybe there is a middle ground because i have been doing this a long time. we have tried to spoon feed as much as possible to a point where we think that it is important that they, i don't know, how els

is to allow the applicant to have live music which was a stimulation in this llp. and the performances would be indoor only. and at the locations designated on the diagram in your packet and so hopefully you found that. again, llp does require indoor only, ending at 10 p.m. and an accessory used for the primary use of the restaurant. >> would you please define accessory use, for the commissioners who don't know what that means. >> the planning department defines it as not more than 200 square feet of performance space within a location that is also primarily used for a different function, not an entertainment function. >> so there are a couple of people here, i know that there gluston here but i saw him come in the room. >> you are up. >> thank you for your time. my name is pete glustern. we have been opened at jones for two years this week, it is going great. we have got most of our operational stuff down to a science now. what we would like to do is do music on sundays, for brunch. we would be doing performance any time from 11 until 5:00 possibly 6. realistickly

company that created that or the applicant. >> have you verified that the information given by the applicant is true to the notification that was given? >> at the initial notification, it was correct. >> thank you. >> we'll take public comment now. can i see a show of hands of how many people will speak to this item. keep in mind any owners of the business listed as 2nd street merchants should not be participating at this time. if you could please line up on the far wall and if you have not already filled out a speaker card, you are not required to, but it helps us in the preparation of minutes. >> i will limit testimony to two minutes. >> okay. first speaker can begin. >> good evening commissioners. ken cleveland, representing the building owners and managers association. i would just like to go back to the starbucks objection. the applicant seems to feel that starbucks does not continue to object. i talked to kim winston, who is the senior manager for government affairs for starbucks, and starbucks is loath to be publicly opposed to small independents, of course. they are 17,000

it requires quite a bit, and that starts with knowing who the applicant is and the best standard for that is valid government identification. if you can't get that how can the police department feel comfortable granting her a permit or doing a background investigation? and the fact that the appellant was able to get a permit under a losing standard, less rigorous doesn't mean the police department should accept that now, and season as far as your decision here today will have the effect of interpreting government -- what government identification is for other permit holders as well, so we implore upon this commission to give it that definition, a concommon sense, real interpretation. even though this seems compelling like i said we're not opposed to continuing this hearing so the applicant can make other efforts to get government identification and there are ways to do that i am sure. it may cost some money but there are ways to get that identification. do you have any questions? >> this maybe an aside, but are you aware to get a passport you need to have a birth certificate? >> yes.

that should be part of the application. and i get them because i am referenced. so i don't know where we can lead with reference. >> what do you tell them, staff? >> what do you tell them with regard to neighborhood out reach? >> we explain to them that it is surely important that they do the neighborhood out reach to move through this hearing process. but not only the reasons, do these questions matter quite a bit and a security plan is a very big deal with that neighborhood out reach is vital because we have two representatives of neighbors here. hello. and i have not done this in a while since nicholas has been working with applicants but i am pretty sure that he goes through with a lot of specificity about how likely it is that they will not move through the hearing without having done out reach. we do, or we have given them the url for the neighborhood empowerment, network, website, where they list the community groups to the planning department, where they list the community groups. there is no process like commission

and you know, from my perspective you can see the contrast between the applicant who has done the kind of out reach that you want to see and someone who has not. the out reach is greatly appreciated. supervisor mar? >> i just wanted to say that this is probably a model effort to engage the neighborhood and even the petition to the haze valley farm and the merchant and the neighbors. it seems like that the community really wants this. >> and of course, supervisor yee would want it to be district that do it right >> very happy. >> i would say, i would make the same comments that i would like to comment the applicants for their out reach effort. i mean this is stark contrast compared to the other applicants that we have seen today. >> great, if we could have a motion to move this item forward? motion by supervisor yee? if we could take that without objection? >> thank you. >> mr. clerk, if you could please call item number 6. >> item number 6 is a hearing to consider the issue ans of a type 42 on sale beer and wine license to lyne carmichael for eno saint francis for 310320 geary street.

application. we don't know until they come into the hearing. >> it's a suggestion that it should be a box on the application; it should be translated so people can ask for that. at some point i would love to talk to the assessor's office about that. -- it could be helpful; we did augment there budget to provide the services. >> does have to go through the approval process at the state level so this is the perfect time for us to be of the view that. >> thank you ms. duran. at this time we will open for public comment on this item. >> thank you. as an immediate past board member for board 2, i would like to speak in support of kristine nelson who is quite capable and served long hours in the field of appraisal. >> thank you so much. any other comments? >> i would like to speak in behalf of ms. lewis and ms. mendoza's candidacy. i've had the pleasure of serving with ms. mendoza, board 1 and 2 hearings; she has been very professional and knowledgeable. i will urge the board to consider her again. >> thank you. >> (singing) won't you appoint a good applicant for us and you. won't you appoint one - one for board,

i just need to inform the applicant as well as the commission that there are two outstanding approvals from dbi and electrical that i have not received yet. so this permit is not done yet. >> which means that you cannot operate after 2:00 in the morning. >> and until we approve a permit here as a conditional permit. is approved on the condition that you get all of the needed approvals for your final sign-off. once the final sign-off happens, then you actually receive the permit. once you have the permit in your hands, you can then drive the car. you can then operate after hours. so you are operating not in compliance, because you are operating on a conditional permit. so i just want to make sure that you understand that. >> and let me hand the microphone. >> i did not know about electrical or the building permit that i had to provide it to the applicant information. but i was aware of the reaching out to the community and removing the signs. i did that to be honest with you. and if you could give me some time and i could bring it back. i mean i have no issues with electrical or buildin

>> the applicant. >> that one is on. >> do you want to add anything to what i said? >> no? do you want to take some questions from the commission? >> do you speak english? >> do you understand completely? >> okay, i want to make sure that you understand. >> commissioners do you have questions in >> how long have you been in business? >> 20 years. >> 20 years, at the same location? >> yes. >> have you had any incidents of people fighting inside or city incidents of violence or drunkenness? >> sometimes now, i am going to put the security on thursday, friday, saturday, so making sure no trouble. when i talk there should not be any problem because it always happens after 2:00 >> it happens after 2:00 >> but now i am going to close 12 and there should not be any problem. >> there should not be any problem. >> she says that she closes at 12. >> there should not be any problems. >> she is going to have a security she said. >> also going to put the security. >> no problem. >> any other questions? >> no. >> any other questions, commissioners? >> no. >> kim. why don't you have a seat