just note on that, this is gary boulevard, one of the main thoroughfares in san francisco and this is a 49 seat ok pansy place or three the building structure equipment or the location of the proposed extended premise lacks adequate safeguards and for the permission of noise, glare, sound which gets back to our inspections of sound, etc. the first amendment protected activities, very specific statute, and i fear we're heading towards a situation again where if the neighbors, five or six neighbors decide that they want to overrule the planning code which says that after hours here is a principally permitted use, that there's a chance it will be turned down. so that said, i always believe it's best to have your neighbors on your side, the police on your side, and we're going to go back out and try to do a little bit more legwork on this. so my client is here to answer any questions. i know the police would like to weigh in on some things.

>> does anybody have any questions of the applicants? >> go ahead. >> mr. renni, so let me try to get this straight. you were coming before us only to request the extended hours permit. >> correct. >> you were holding back on the place of entertainment permit because of the neighborhood notification requirement, is that correct? >> there is a 312 and we've ordered up 3 un-foot lift but we did have a long meeting with the captain and permit officer about a week and a half ago, there was an initial deal, or an agreement cut which would allow after hours but only for one hour, only with specific security standards and -- >> if i could stop you here, please. i don't want to get into the police portion of this, this is a planning issue again. neighborhood notification is a planning requirement because

the department had determined this is a change of use? >> yes. >> a fully permitted use but a change of use and it is one of those uses that triggers neighborhood notification. have you or your client done the neighborhood notification and what is the time period that must go by during which the neighbors are allowed to file for discretionary review? that is always something that we pay deference to before we entertain deciding because that would ininvolve us kind of voting before the planning and the land use issues have been settled. >> correct. but we're here tonight on after hours. after hours is a principally permitted use on this particular parcel, so i don't know why we're talking about entertainment because we're not here on the entertainment license but only here on the after hours license. >> ok. >> that said, we started on the

312 notification, we backed off because the captain indicated we'll give you an hour of after hours and we decided, and he says let's see how it goes and we decided at that point to voluntarily hold back for some period of time on entertainment. now it turns out there's community opposition and opposition from the police department. i think at this point we're just going to go out, talk to the neighborhood, see what they've got. but i guess what i'm saying in reading the code, the neighbors don't have veto power on this. this is a u.s. constitutionally protected activity and across the street is a 24-hour jack in the box. >> again, you're off topic here. speaking of the planning issues here, being a fully permitted use is one thing. fulfilling the neighborhood notification requirements are a completely different thing. it's totally possibly that this venue has a right that has

nothing to do with the fact that even if you are as of right, if you're doing a change of use, if you're putting an activity into that venue, you don't have a history of, you need to go through the change of use process and the neighbors have to have the opportunity to file for discretionary review. and they have to be able to have the right to have their day in court which is before the planning commission before you ever come before us. so it's not between you and the police department to determine when and whether you go through the change of use process, you have to go through the change of use process before we even consider this. >> the planning department has already looked at this issue and determined that the after hours does not require 312 notification or change of use. the entertainment angle of it

does, however, trigger change of use and require 312 notification, and that's what we're going to do. >> and to quote from the planning department memo on this, such a use is principally permitted in this district. however, there is no apparent history of an entertainment use at this property, neighborhood notification would be required prior to any such permit being approved. now, i understand you're quibbling between the extended hours and the place of entertainment permit, but as you yourself have said, you should probably just clean this all up before you come before us again requesting us to weigh in on this. at the moment it is a planning issue. >> for the entertainment, yes, sir. >> does the applicant wish to say anything? >> yeah. i have a small business,

restaurant, it's not a big club or something. we don't have a deejay, we only have like 10, 15 minutes belly dancer come in to entertain the guests while they are eating dinner. we have a section you can smoke which is some culture thing people smoke if you know about that. and some people like to come, like, you know before they come home and smoke and usually come late night, so start maybe about 12:00 or 1:00. so we have meetings with the captain, we discuss that if we is it extend it one extra hour to 3:00 in the morning and that will be only for weekends, friday nights, saturday night and holiday. and that was the meeting at the office about this. i don't want to do anything against the police, if they want me to do nothing, i'll comply. i just want to maybe if we can

understand each other, maybe we can reach the community and if there's a problem we can solve is it together, you know, have an agreement. >> ok. any questions' the applicant? >> i have just one question. on the police recommendations, this had is for the applicant, dated august 24, that the captain signed off on,en who of the sentences says, as a result of the discussion, mr. amin, that would be you, expressed his intention to withdraw the after hours permit he ornlly requested. is that true? >> if i may answer that, last time we were here there seemed to be two -- my client had gone to that meeting without me. he heard it one way, the captain heard it another way. we just backed off and said let's get that one together. that was saying yes to entertainment, no to after

hours and we had heard exactly the opposite so he said he would withdraw the entertainment because you were giving after hours and still want to do that but seems to be -- now the community opposition. so that was in the middle of it so that's a whole other issue. >> thank you. >> i assume this is a minor point but you list on your application you live at 4724, i assume that's not true, right? >> business address. >> you have it listed as your residence address, but that's all right. ok. all right. thank you. captain? >> good evening, commissioners. richard korea, captain of richmond station. we had a couple of good meetings, our most recent one was within the last 10 days. i predicated the entire discussion on community outreach and a favorable response by the community. i've specifically brought up

the issue of parking in that area. there are seven residential multiunit high density buildings. one is five stories tall, several are three stories tall, all residential. there's not a parking space on that block. and i expressed that concern. in the application, i see that the solution to the parking is valet at the hotel next door. there's a 22-room hotel right next to this location that wants nothing to do with parking on their facility. we met with them today. i received 14 emails today so communities concerned about this, and i think that they'll continue to weigh in and i'm going to take that message and bring it down here. >> ok. go ahead. >> i have one question, captain, can you tell us what their concerns were? >> late night activity, drunks coming home -- should be going home stopping there to stay out for two more hours, assaults,

noise. i will encourage them to cc the -- your group on the further emails. they were sort of generally the notion of it being an inconsistent use staying hope that late except for the jack in the box where we do have police issues that come up, drunk drivers and assaults that this area would draw both our resources, that came up in a couple of emails. and really that block doesn't have any businesses that are open. it's a hotel, couple of small businesses, a grocery store and a lighting store. and we talked a long time with these folks. i don't quite know how the record got so confused but what was clear to me is they withdrew their place of entertainment license and that was specifically made clear in our most recent meeting, and i asked them to do outreach and i said we would do the same, and we were not able to connect

until tonight to talk about our results of that. long answer to a short question, i apologize. >> what is the cross street there? >> the cross street is between 11th and 12th avenue on the north side. >> got it. >> we see so many clubs and large venues that create monster problems for the department and city residents. well, this one is less than 50 people and it's kind of a restaurant -- my sense is i don't see this as a place that is going to generate fights in people going outside. it just doesn't have that flavor to it at all. i'm sure parking is an issue, but i just -- >> on the 3800 block, commissioner, some years back there was nasarro's pizza that wanted after hours and was successfully resisted by the community. that file i haven't been able to locate but there was a lot

of community opposition and there were three bars on that block, the worry was they'd leave the bars and go to the pizza parlor. the gary street merchant's association said -- because i called them and they said that's great. and every restaurant on geary should get the same thing all the way out. that it doesn't fit with even the merchant's notion of this sort of business that they do, you know, on geary and the western part of the city. and i didn't have a good answer for that, if it's ok, 11th avenue, maybe it has to be ok all the way out. i think that there are -- it will create police problems there, people that hit the 2:00 a.m. mark at the bars will go there to get a bite to eat. and 49, clearly they're talking about handrailing outside and security and people cued up in front. i can't predict the future but i know now it concerns me and i think the neighbor's concerns and merchant's concerns are

well placed. >> and what is your feeling on the extended hour of just one hour and that on weekends an holidays? >> you know, in discussion, i see my role as to work with business and see if we can't put something together. the resistance to staying open at all is tremendous in the community. if i get 14 emails in response to our weekly newsletter, i usually get one, and that's telling and only half the emails went out today that we usually send out. >> i was concerned about your personal feeling about the hour. >> personal feeling at this point we'd have the same problems for that hour that we'd have for two hours. and i am concerned about parking. and that might seem like a small thing but on geary, we have a lot of accidents on geary. there's nowhere to park around there.

i don't know if you add 20 cars to that neighborhood where they're going to go. and the folks that did write in are concerned about the noise. and there's going to be street noises, people kind of amable around out there. >> isn't geary noisy by virtue of being geary and having a lot of cars on it? and then i also seem to remember there were bars over there. i seem to remember there were bars over on geary, like by 12th. isn't that true there used to be a bar years ago called peg's? >> which you believe, i think it's on the next block. it's funny, i've been out there my whole life and should close my eyes and see where they all are. there's none on that particular block. let me say this about geary, it's a busy street but at 2:00 in the morning it's not so busy and people are going home and asleep and this is going to for one hour or two hours is going to change the complexion of

that block. there's a 22-room hotel next door that wants no part of this and, you know, i should have counted the apartments, the five-unit building is gigantic and probably has 45 apartments in it. so i think it is a significant change of the use of that block and you might think if geary in terms of day time or early evening but at that time of night, 2:00 in the morning, between 2:00, 2:15, 2:30 things have wound down. >> i have one last part, have you been to his restaurant? >> yes, i have. >> it's a restaurant and they smoke, huka? >> i do. when i first got to the station i was invited by and being new to the station -- yes, i've been to it. it's curious to me how they can smoke huka in it and the health department, in reading their conditions for granting a license to do that, i don't

quite know where this establishment is going to fit in as qualifying to do that there. vice chair joseph: from your visitation there and from seeing who was patrons, do you see that this is going to be a problem venue? >> i think that at 2:00 in the morning when jack in the box is the only alternative, people are going to be patronizing the establishment. and i think that if it was going to be empty between 2:00 and 4:00 we wouldn't all be here tonight. there's nowhere else to go out that way. and that's the merchant's point, too. >> just so you'd be advised, i don't think people that have been out drinking in bars will generate to this type of establishment for their final meal, they'll hit a hamburger stand or something like that. but be that as it may, just be advised that mr. renni brought up a good point, we may not be able -- first of all, in terms of the neighbors and their

concerns, they have to pass a sound test so that, you know, hey, if they generate noise outside the confines of their building, it doesn't go it. so there's not a -- well, they have to comply with the sound regulations in order to successfully operate with us. and secondly, we may not be able to deny them the after hours permits based on the current law. and the way that would be handled is it if they are obligated to grant it to them, and if there's a problem we can go after it to demonstrate there are problems. i just throw that open to have you keep that in mind when you're negotiating what type of hours they may or may not have. it may be better to get the one hour just on weekends and the holidays as opposed -- and work out an agreement with them as opposed to us being obligated to give them the two hours.

>> i understand and i think that was the spirit of our meeting. >> ok. >> the community is weighing in and i think they're going to continue to be a part of this process and that's sort of middle ground, i'm glad to convey to them as moving forward. >> again, i would convey there may not be an alternative other than what an agreement is reached upon so that may be a motivator but they seem more than happy to meet with the community to see what they can come up with. but just in conclusion, we've seen a lot of venues and i don't think we have any right now this size and nature that generates any problems in the city that i'm aware of. i might be wrong but can't think of any. >> yes. >> captain, i would hope that you would take this back to the neighbors as well and explain to them, because we've all got to become experts in planning

in this city because it's 49 square miles and if we're going to get along, the planning code has a big effect on all our lives. both of these requests are as of right. it is their -- they're fully correct in wanting to bring entertainment into it. it's not either/or. it's not a matter of the opinion of the neighbors. they are fully permitted to be able to bring entertainment in after going through the process, and they -- extended hours as well is included in the planning code as something that they can do. where the neighbors do gain the right to protest this and have influence over it is the change of use portion of this and only

the change of use triggers a process called discretionary review. it's a lot stricter than the conditional use we were talking about earlier and the standards for the planning commission taking discretionary review and -- generally if they do take discretionary review which is rare, they will not deny the permit but they will try to cobble together conditions that will mitigate the issues that the neighbors raised. that's what discretionary review is all about, more mitigating potential problems than totally denying a permit. but in terms of the extended hours, i don't believe there's a whole lot of room to negotiate this. this is as of right. >> i'd just like to say for the

record that we approached this -- i'm an idealist. we approach this collegiately thinking we can move forward with this. and several issues haven't been resolved and the community involvement in it is a recent and complicated one. but i understand what you're saying. >> the standard is exceptional and extraordinary and they choose those words very carefully. >> i understand. and i look forward to working with them in the community out there and hopefully put something together that works for everybody. i would say, though, that the issue of the hookahs and the smoking and the place of entertainment license and the after hours are all three issues that sort of seem to be floating around and one falls behind the other one so it's been a confusing process. >> right. i can see there's a lot of things i'm unsure of up here,

too. as far as the smoking, that would be a health department issue. we have nothing to do with the hookahs. or the belly dancing. >> all right. so we look forward to having you get together and hopefully can iron something out here. >> we need a motion? >> make a motion to continue it? >> i move to continue at the applicant's request? >> second. >> call the roll, please [ >> commissioner joseph? >> aye. >> commissioner meko? >> aye. >> commissioner perez? >> aye. >> commissioner newlin? >> aye. >> item b, zen kwan, woo, dba feng shui restaurant. i understand this has been continued? >> yes, commissioners. staff learned there was an outstanding planning department notice of violation at this

location and so i with us in contact with the planning department and applicant to begin this process of clearing this notice of violation and so the staff is requesting a continuance until such time as that item is cleared. >> ok. that item will be continued. next item will be -- >> we have to vote on a continuance? >> i'm sorry. >> i move to continue. >> she called the roll, i think. >> i called the roll for the previous item. >> ok. >> we need public comment on the item and if there's no public comment -- >> seeing none. >> i'd like to move to continue. >> ok. >> there you go. >> same call. thank you. >> thank you, thank you. and next item is police

department comments and questions. >> good evening, commissione ma and staff, steve mathias from central police station. i have a few. it hasn't been a real busy last couple of weeks, there were some incidents that were pretty violent. sarge talked about a couple of them. and i have another report today that happened over the weekend, so i'll be adding that as well. different incidents, we had september 5 at club sphere, 447 broadway, there was a fight inside between some ladies and security removed them and when they went outside, the fight continued. so i'm going to talk to them about staging -- when the security brings somebody out, bring them out one at a time, which i think they did, but i

think they need to have a better way of waiting until the aggressor or the other person is gone so we don't have a round two other incident was september 24, amendment 24, two were arrested for fighting and resisting and i'm going to read part of the narrative to give you a sense what broadway turns into on thursday, friday and saturday nights. the officer's narrative. i saw a large group of unknown individuals yelling and screaming. i also noticed at the same time there were three unknown male individuals exchanging in a physical altercation on the sidewalk against one unknown individual in front of 440 broadway, apartment 24. the officers quickly responded to the area where the three male individuals were now fighting against one in the street in the number two lane of broadway. they were in full uniform and told them to stop fighting. they continued to fight. the officers continued to

identify themselves and the individuals continued to fight and then stand over the male striking him with a closed fist and kicks to the body. the officer and i were outnumbered by the individuals who were four against one to the defenseless male. they had to use their baton and stop the assault. and then there was a second male that was being beat up as well. so it's basically a free-for-all. so the officers often have to contend with very, very large groups where you might have two to three or four or five people fighting but then you have the group there as well. that's why it's very helpful for us to be able to get a good relationship with the clubs as far as the security doing a good job. in fact, in a couple reports from here i'll talk about one of the clubs that's actually been doing a very good job in working with the police. other incidents, august 27 at the bamboo hut there was a stolen purse. we've seen kind of a steady

purses being taken while it's being taken in the clubs. so we're trying to let the clubs know there's a lot of theft going on so to alert their security so they can watch out for stuff like that. people are drinking and having a good time and they just start not paying quite as much attention. talking about club slide, at 430 mason, and vaj spoke about that earlier. that was an incident where the officers responded to kaiser hospital and took the report. the victim said she was at club slide, located at 430 mason. she saw the club proceed metor, christian, who was her -- promotor, christian who was her friend and gave him a hug and was in the accompany of two females she didn't know. after she gave christian a hug one of the females became aggressive and pushed her and started name-calling. as she was walking away, the female then smashed a bottle

over the left side of her head so she ended up having to go to the hospital for that. one of the things -- the clubs decided not having the glass to begin with. just take the weapon. there's always a bottle that can be thrown. in fact there was another incident with a bottle as well. but if the staff and security can get rid of anything that can be used as a weapon, especially if people are about to get into a fight. and later on it talks -- we're still trying to find out, apparently the victim asked christian for the suspect's name but refused to give her the information. that might be when we were talking about having the promotors be registered and that might be helpful with a code of conduct as far as the entertainment commission can have of what's expected of but, not just going in and raising money. i talked about the two of the good things one of the clubs was doing and that was actually

the impala. i had two incidents, one on the 11th, september 11. and that was an event, the narrative, we responded to a physical altercation at 501 broadway at impala nightclub and detained the aggressor with club security and was immediately obvious he was under the influence of alcohol and had a strong odor of alcohol coming from his clothes and mouth and could not speak without slurring. basically he was trying to get in the door and noticed he was under the influence and they weren't going to have it and denied him to be able to come in and started to fight with them so they were able to restrain him and police took custody. later on the police doing a search found cocaine on him so this would be a problem whether it was inside the club but they had enough sense, we don't want this person in, this is the kind of relationship we do want