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Entertainment Commission
MINUTES OF THE
May 18, 2004 REGULAR MEETING
City Hall, Room 406
Dr. Carlton B. Goodlett Place
San Francisco, CA 94102
COMMISSIONERS
Present
Terrance Alan, Chair
Jim Meko
Jordan Shlain
Joseph Pred
Bruce Lorin
STAFF
Present
Robert Davis, Executive Dir.
Jocelyn Kane, Staff
CALL TO ORDER
The Commission Chair called the meeting to order at 5:15
ROLL CALL
Robert Davis called the Roll.
Present at the meeting were Commissioners Terrance Alan, Audrey Joseph, Jim Meko, Joseph Pred, Bruce Lorin
Absent from the meeting were Commissioner Leong.
Late for the meeting were
Commissioner Shlain arrival time 6:05 PM.
Staff present were Robert Davis and Jocelyn Kane.
PUBLIC COMMENT
Mr. Robert O’Malley introduced himself as the department of defense appointed trade representative to the European Union. He added that he was present to introduce himself as the national director U.S. represented of the Love Parade. He added that the Love Parade had been finalized.
Barry Taranto resides in San Rafael. He added he was still concerned about the ramifications police tactics in North Beach that was creating a problem for taxicabs to get to North Beach. He added they did not want the taxicabs to service the people on Broadway. He added that it was important for the Commission to look at the permits for the businesses in that area if they were not providing proper security. He added when there were major events involving a club the businesses needed to provide a place for the taxicabs to pick up and drop off patrons. He added in some cases they did not make it easy for the taxicabs.
Commissioner Lorin asked when the police closed the Broadway area to vehicle traffic were they making any provision for the cabs and was there a alternate pick up spot.
Mr. Taranto said they did not make any provisions. He added they put a police vehicle and flares blocking the two lanes going eastbound and the expected the taxicabs to go around or over the hill to take patrons to North Beach.
Chair Alan asked had he made contact with Captain Taccini to discuss his concerns.
Mr. Taranto stated he had discussed the issue with his superior Commander Puchinelli who stated it was the only way to handle the situation. He added that the Captain and him were having legal problems due to his relationship to the cab industry.
Chair Alan stated it was his understanding a meeting with North Beach team they would allow for the free flow of taxicabs for people to exit in a safe manner.
Bob Davis stated there were a sufficient number of taxicabs coming from the downtown area and they still felt that it was not impacting the closing of the tunnel. He added there was going to be another meeting to discuss it.
The Chair called for comments from the public on items not appearing on the Agenda.
Public Comment
REVIEW AND APPROVAL OF MINUTES
Commissioner Meko moved to adopt the Minutes of the April 20, 2004 Regular Meeting of the Entertainment Commission.
Public Comment
Commission; Commissioner Lorin seconded the motion.
VOTE:
AYES – Commissioner Alan, Commissioner Meko, Commissioner Shlain, Commissioner Pred, Commissioner Lorin Commissioner Joseph,
NOES - None
ABSENT- Commissioner Leong
Hearing and Possible Action Regarding Applications for Permits under the Jurisdiction of the Entertainment Commission
a. Grove, Steven L, dba “The Green Room Comedy Club,” 2801 Leavenworth St., Place of Entertainment.
Mr. Grove resides in Sacramento. He stated after five years of being in the entertainment and comedy business in Sacramento his experience in opening a club in San Francisco had been by in large been a very good one. He added the city was wonderful to work with as opposed to other cities in which he had done business. He added it was a pleasure to be a part of the city and the business climate that it provided for the entertainment venues.
Chair Alan asked the applicant his years
of employment at The Green Room.
Mr. Grove stated that he worked at
Green Room Entertainment for five years.
Chair Alan asked the expected age of the cliental, which the applicant stated, would be 18 to 118.
Mr. Grove stated he had a type 47 liquor license and provided food and a full bar. He added they wanted to cut it off at 18 because it was a comedy club and some material was inappropriate unless a parent accompanied the minor.
Chair Alan asked the applicant if he had any further parking agreements.
Mr. Grove stated he had an agreement that needed to be signed.
Commissioner Joseph asked was Green Room Entertainment responsible for the business. She added
Mr. Grove stated it was.
Chair Alan asked what were the remaining approvals.
Jocelyn stated Fire, Health Noise testing and building.
Public comment
No public comment.
Commissioner Leong moved to conditionally approve pending the outstanding approvals permit Commissioner Lorin seconded the motion.
VOTE:
AYES – Commissioner Alan, Commissioner Meko, Commissioner Shlain, Commissioner Pred, Commissioner Lorin Commissioner Joseph,
NOES - None
ABSENT- Commissioner Leong
- Lee, Isaac, dba “Zebra Lounge,”
447 Broadway, Place of Entertainment.
Mr. Isaac Lee resides in Burlingame.
Chair Alan asked was the applicant aware if any police permits ever been granted.
Mr. Lee stated he was not aware if permits were granted.
Chair Alan stated on expected sound levels on the applicant’s application he indicated he would have amps and speakers and no sound testing had been done. He added were there residential units above the commercial occupancy.
Mr. Grove stated there was on the front half and there was none on the back half of the venue and he would have the music.
Chair Alan stated that one of the primary things that came before the commission after a permit was granted was concerns about noise. He added the commission to a careful approach towards sound containment. He added that with the sound equipment the applicant would generate noise complaints. He stated they would like to educate the applicant to avoid the police coming out to his venue.
Chair Alan asked the applicant when was street parking available on Broadway between Kearny and Montgomery.
Mr. Lee stated there was some street parking and there were two parking lots near the venue. He added he would look into getting valet parking.
Commissioner Leong asked what was the capacity of the parking lots were.
Mr. Lee stated the one next to his venue was 80 to 100. He added the one across the street had about 40 spaces.
Commissioner Meko stated he wanted to reemphasize the point Chair Alan’s made regarding the volume of music particularly with live bands. He added the standard the applicant would be held to was his sound was not to be audible in surrounding residents. He asked was the applicant familiar with the conditions that the police department recommended.
Mr. Lee stated he was not.
Jocelyn stated central station did not send the recommendations in advance to get copies to the commissioners. She added she would make copies and normally central station would review the recommendations with the applicant.
Public Comment
Mr. Benjamin Vanderford resides in San Francisco. He stated he was sad of the passing of the establishment that was previously at the property which was one of the better video arcades in the city. He added the city was losing arcades, which were one of the only options for 18 and under entertainment in the area.
Public comment closed.
Jocelyn stated she spoke with officer Crisp about number 10 on the conditions was routinely stricken by the Commission and he had no objections the restriction.
Commissioner Lorin stated number 4, 8 and 9 referred to the sidewalk out front. He added number 4 of the conditions stated no loitering of club employees of patrons outside. He added because of the smoking ordinance there was no choice but to loiter outside. He added 8 & 9 was to keep people orderly outside. He asked the applicant to commit if there was activity outside that security be position outside to handle any disorderly conduct.
Commissioner Joseph stated she agreed with Commissioner Lorin rather than having a commitment from the applicant, she added she would like to rework the no loitering should no longer apply because of the smoking. She added no. 4 should be struck or the wording should be changed to reflect the year 2004 with regard to smoking and security at the door.
Chair Alan asked what thoughts and plans the applicant made for the two issues that including patrons that went outside to smoke and patrons that may form a line to come into the venue.
Mr. Lee stated he would create a smoking area outside and he would control the crowd by having them forming a line against the wall to not block the sidewalk. He added that he would try to create a smoking area inside the club.
Chair Alan encouraged the applicant to take care of the smoking area immediately.
He added it would maintain order and the applicant would have fewer conflicts with the police. He added that the applicant should include it into his design.
Commissioner Meko stated he’d like to make a proposal to strike No. 4 and No. 9 and modified No.8 to read “The operator shall take all reasonable measures to insure the side walks adjacent to the premises are not blocked or unnecessarily affected by patrons or employees due to the operations of the premises and shall provide security whenever patrons gather outdoors. He added in addition to the final condition the applicant should have a cell phone number be provided to all neighbors that will be answered at all times.
Chair Alan asked if applicant agreed to the conditions.
Mr. Lee stated he agreed to the conditions and amendments.
Commissioner Meko moved to approve with the amendments to the conditions Commissioner Joseph seconded the motion.
VOTE:
AYES – Commissioner Alan, Commissioner Meko, Commissioner Shlain, Commissioner Pred, Commissioner Lorin Commissioner Joseph, and
NOES - None
ABSENT- Commissioner Leong
c. Chu, Ben, dba “Roe Restaurant,” 651 Howard Street, Place of Entertainment/Extended Hours Premises.
Mr. Ben Chu resides in Alameda.
Chair Alan asked how many people the Fire Marshall would allow in his venue.
Mr. Chu stated that he meet with the fire dept. he added they have him a conditional use permit. He added they were working on a number for occupancy.
Commissioner Joseph asked the applicant would the dancing be in the lounge while people were eating.
Mr. Lee stated they had three separate levels the top floor would be used for lounge and possible dancing. He added the ground floor would be mainly for dining.
Commissioner Joseph asked the applicant had he looked at the police restrictions. She added he would like to bring his attention to No. 1 Premises restricted to persons 21 and older after 8:00PM whenever entertainment or dancing was provided. She asked if the applicant served food. She added did the applicant have a liquor license. She added she was against the police restricting people to the age of 21 after 8:00 PM if there was going to be any kind of entertainment since they served food.
Mr. Chu stated he had not looked at the police restrictions. He added that he would be serving food until 4:00 AM and he did have a type 47 liquor license.
Commissioner Meko asked if any other representative from the police department had any views regarding the restriction on persons 21 or younger.
Chair Alan asked Captain O’Neil why Southern Station had restrictions of the premises.
Officer O’Neil stated he regretted he had no factual information or prior knowledge of the conditions or a discussion with the permit officer or acting Captain. He added he would be happy to look into them and get back to the Commission.
Commissioner Lorin stated he had the opportunity to tour the premises with the applicant and he added it was going to be an upscale establishment. He added he agreed with Commissioner Joseph agreed to scratch out No. 1 on the conditions.
Chair Alan asked if the applicant read and agreed with the conditions.
Mr. Lee stated he agreed with conditions and the restriction of No.1.
Commissioner Leong asked how late the applicant would be staying open. He added why Officer Meyer’s placed restrictions on No. 1.
Mr. Lee stated he would be staying open until 4:00 AM. He added he did not know why the Officer placed the restriction.
Public Comment
John Wood SFLNC resides in San Francisco. He stated he commended the commissioners for sticking condition No. 1. He added that Southern Station had required every POE permit going back to four or five years to sign away their ability to do 18 and over events in order to be approved for an entertainment permit. He added the law in San Francisco was 18 and over events were allowed to exist.
Dr. Winkie stated that he would like to share light on his experience with the permit process. He added he was opening two restaurants and food court at their location. He added made apparent that the issue 21 and under clubs were something they did not want to see encouraged or happen at all.
Commissioner Shlain arrived at 6:05 PM.
Public Comment closed.
Commissioner Lorin moved to conditionally approve omitting No. 1 of the conditions Commissioner Leong seconded the motion.
VOTE:
AYES – Commissioner Alan, Commissioner Meko, Commissioner Shlain, Commissioner Pred, Commissioner Lorin Commissioner Joseph, and
NOES - None
ABSENT- Commissioner Leong
Commissioner Joseph asked when the commission struck a stipulation did staff notified the permit officer if items were stricken so they would not violate the permit holder for violating the restricted condition.
Bob Davis stated the notice was sent back and they were aware.
- Bronstein, Greg, dba “Lime,” 2247 Market Street, Place of Entertainment
Mr. Greg Bronstein resides in San Francisco. He added that he focused on the DJ music but in addition he would like to have Sunday brunch possible with entertainers. He added he had overwhelming support from the both of the local merchants and neighborhood organizations.
Chair Alan asked was there an occupied residential unit above the venue.
Mr. Bronstein stated there was not a residential unit above the venue.
Commissioner Joseph asked if the applicant saw the condition.
Mr. Bronstien stated he had and meet with Officer Toma and signed them.
Commissioner Joseph asked was there any place outside the premises for patrons to smoke.
Mr. Bronstein stated there was not.
Commissioner Joseph suggested that the applicant provide community people and neighbors in the surrounding area a cell phone number for complaints during hours of operation.
Mr. Bronstein stated that they had a cell phone with the existing business and they would do it for Lime during business hours.
Commissioner Joseph asked did the applicant have a type 47 license and if he served food and how late they would serve it. She asked where was the applicant’s bar located in relation to his eating area.
Mr. Bronstein stated he had a type 47 license and they would serve food until Mid Night to 1:00 AM. He added the only place separate was a small area with about sixteen seats that would be a lounge area and it was all intermingled.
Commissioner Joseph stated she would move that they strike J completely and strike B & D and insert instead Commissioner Meko’s former suggested language. (See page 4 of the minutes for Commissioner Meko’s language).
Commissioner Joseph asked if the applicant would have a vocalist and would they be performing with a full band or a piano.
Mr. Bronstein stated it would not be a full band, maybe one or two instrument or with a DJ or recorded music.
Commissioner Joseph asked if the applicant would have a vocalist or a full band on or a piano.
Mr. Bronstein stated it would not be a full band, maybe one or two instrument or with a DJ or recorded music.
Commissioner Meko stated that there were no conditions specifying the type of music he would play. He added that the applicant would have to go to a noise abatement check and he would be responsible to contain his noise so it was not audible in surrounding residents.
Chair Alan stated that he would like to amend the conditions form so that item F more accurately reflected the state of the law with replacing the police department with the Entertainment Commission.
Public Comment
John Wood stated he lived two blocks from the venue. He added that he was a class operator. He commended the commissioners for striking the 21 and over. He added it was an asset to the neighborhood.
Public Comment closed.
Commissioner Meko moved to approve with the amendments of the conditional approval from Joseph and Lorin Commissioner Joseph seconded the motion.
VOTE:
AYES – Commissioner Alan, Commissioner Meko, Commissioner Shlain, Commissioner Pred, Commissioner Lorin Commissioner Joseph,
NOES - None
ABSENT- Commissioner Leong
e. Wagenhofer, Joe, dba “SFLGBTPCC – S.F. Pride,” Saturday and Sunday June 25 & 26, 2004, Loudspeaker Permits.
Mr. Joe Wagenhofer resides in San Francisco.
Commissioner Joseph stated she would recuse herself from the item because she had a business relationship and an ongoing contract with the pride committee.
Chair Alan stated he would recuse himself because he was a co-producer of the event.
Mr. Wagenhofer stated that he would like to add a few items he was not able to put on the request. He added Teddy Witherington asked him to let the commission know that over the last 6 years Pride had generated close to 12 Million dollars in hotel tax revenue and almost 51 Million in sales tax revenue.
Mr. Wagenhofer stated that two of their venues would be on Park and Recreation. property. He added hat all sound permits should go through the entertainment commission rather than going back to the police department.
Bob Davis stated that the applicant still had to go to the police department because it was Park and Recreation.
Public Comment.
No Public comment.
Commissioner Lorin moved to approve Commissioner Meko seconded the motion.
VOTE:
AYES – Commissioner Meko, Commissioner Shlain, Commissioner Pred, Commissioner Lorin,
NOES - None
ABSENT- Commissioner Leong
RCUSED - Commissioner Alan & Commissioner Joseph
f. Robins, Joan, dba “The Ramp,” 855 Terry Francois St., Friday and Saturday Summer 2004, Loudspeaker Permit.
Chair Alan stated that the ramp had outdoor events during good weather. He added that the applicant was requested to bundling the permits so it was not cost prohibitive.
Bob Davis stated they were not a non-profit because the sound ordinance was being redone it was determine the cost would be approximately $46,000.00 if they were to get a loud speaker permit for every time they wanted to have an event. He added they tried to use a formula of a once a month fee.
Commissioner Joseph asked who put on the out door events. She added were the events put on by The Ramp or was it a private event’s where the space was rented.
Ms. Robins stated on Friday happy hour and Saturday afternoons and Sunday’s afternoon The Ramp put the events on. She added they did not do events on Sunday evenings and Saturday they occasionally did outside events.
Commissioner Joseph suggested that if the had rented an event should on the loudspeaker permit should be passed off to the individual people putting on the event.
Commissioner Lorin agreed with Commissioner Joseph what The Ramp produced the commission would work with them. He added but if an individual event the promoter should come to the Commission.
Chair Alan explained to the applicant what the commission would propose to the applicant.
Ms. Robins asked would it apply not only to promoters but people who would have rehearsals dinner engagement parties
Chair Alan stated that if they were renting their facility and it was not an in-house produced event
Public Comment
No Public Comment
Commissioner Joseph moved to approve bundling the permits for The Ramp May 2004 to October 2004, for Friday, Saturday and Sunday outdoor events with the condition that “rented”
events would apply for a loud speaker permit at regular cost Commissioner Lorin seconded motion.
VOTE:
AYES – Commissioner Alan, Commissioner Meko, Commissioner Shlain, Commissioner Pred, Commissioner Lorin Commissioner Joseph,
NOES - None
ABSENT- Commissioner Leong
- Canchola, Rigoberto, dba “Canchola’s Bar” 3775 Mission St., Billiard Parlor.
Commissioner Alan stated that staff recommended to continue the item due to the Planning Commission.
Bob Davis stated it was a new use that had not been approved by the Planning Commission. He added the premises had never been used in the applicant’s intended use.
Public Comment
Steven Pitcher stated he resided within a block of the venue. He added that many of the people in the neighborhood were Hispanic and did not speak good English and those who did were hesitant to come out about the change their neighborhood. He added it was not clear on the posting from the property what the applicant was going to do. He added that the neighborhood was a collection of small mom and pop operation’s cake shops, daycare center, preschool and a grocery store. He added that if it were changed into a pool hall in would be a negative element on the neighborhood. He added that he would like to be notified for the next hearing.
Commissioner Jordan recommended that Mr. Pitcher bring people in the neighborhood to the next hearing.
Commissioner Leong stated that Mr. Pitcher might want to propose a petition and bring it with him at the next hearing.
Commissioner Lorin moved to continue to the call of the chair Commissioner Leong seconded the motion.
VOTE:
AYES – Commissioner Alan, Commissioner Meko, Commissioner Shlain, Commissioner Pred, Commissioner Lorin Commissioner Joseph,
NOES - None
ABSENT- Commissioner Leong
COMMISSIONER COMMENTS AND QUESTIONS
Commissioner Joseph stated that when she was growing up her neighborhood had arcades that had pinball machines. She added that arcades were very interesting for kids. She wanted to know how many arcades were left in San Francisco. She added it would be another source of entertainment for youth.
Commissioner Meko stated that several months he brought up the issue of incident reports and mentioned that he had a friend who was a responsible neighborhood activist he added that the activist called and made complaints to the police and no reports were filed.
Commissioner Meko added from that the intent was to help build a better relationship with the Entertainment Commission and police department. He added they that they were breaking new ground on how the permits are handled. He added that it should be a cooperative situation. He added his neighbor again reported that there were problems this weekend and he was able to file an incident report.
Commissioner Meko stated added on Saturday a resident called again and the police officer told him unless the noise was loud enough that he cannot hear his radio they could not do anything.
Commissioner Meko added another officer told the resident why didn’t he move. He added that the Commission was having difficulty with getting the stipulations for new permits. He added it was not fair to the applicants when they did not know what stipulations had been recommended and it was not fair to the Commission.
Commissioner Meko asked the commission to adjourne the meeting in the memory of Alan Selby a well-known South of Market figure and the founder of Mr. S. Leather.
Commissioner Meko added that Thomas Gunn was a star in South of Market and he loved the South of Market. He added he was one of the greatest living poets and was one of the best-dressed leather man South of Market and one of the reason South of Market was a special place. He added that the meeting be adjourned in the memory of Alan Selby and Thomas Gunn.
Commissioner Pred encouraged the use of the consent calendar. He added that there were a lot of people out there that did not know what the Entertainment Commission did and where unclear on what the commission did. He added he was thinking of ways to billboard the commission possibly shirts and or logo could possibly be made.
Commissioner Lorin agreed with commissioner Meko’s statements on Southern station had some problems. He added he would like to be involved in the discussions.
Chair Alan stated they had an offer for Muni for advertising space and similar offers form Clear Channel.
Bob Davis stated they could not use city logo on jackets.
EXECUTIVE DIRECTOR’S REPORT
The Director reported the following:
- Bob Davis stated that he was finalizing details of office space.
- Bob Davis stated the Mayor’s office was budget hearing was on May 25 & June 11th and were subject to change.
- Bob Davis stated that legislation for Sherrod’s Law would have a hearing with the commission.
- Bob Davis stated that on Thursday he would be speaking to the Planning Commission on the functions of the Entertainment Committee.
- Bob Davis stated that MOU would go before the Port Commission.
REPORT FROM THE EVENTS COMMITTEE
Defer report to next meeting.
REPORT FROM EXECUTIVE COMMITTEE
Commissioner Jordan stated that the Executive committee was moving forward with things to make the commission run smooth. He added that they were working on Bob Davis review package to understand the review process for his job qualifications, which would involve the Entertainment Commission input. He added that they would be working on special hearings.
DISCUSSION OF AGENDA ITEMS FOR FUTURE ENTERTAINMENT COMMISSION MEETINGS
No items to add.
ADJOURNMENT
Having completed all business, the Entertainment Commission adjourned at 7:30 P.M. In Memory of Alan Shelby Thomas Gunn.
Respectfully submitted by Crystal Stewart.
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