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tv   [untitled]    May 7, 2015 9:30am-10:01am PDT

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ply identified what do we do with him? he is making noise? >> that is not entirely question, this is the open question and i don't know the answer right now, but it is part of the conversation. i don't know that we can't regulate the activity even if it is not amplified i just know right now what our restrictions are, so to answer you, i am not >> okay. >> i am not prepared because we have had this conversation many many times. and given the structure that are in place and the tools, there is, i can't answer you. >> that is the point. >> last question. does every parade in the city need a permit, and those that have music and floats and everything, what about a demonstration that is a parade that is walking down the street and does not have music and just the people shouting and carrying signs that is free speech, are they required to get a permit? >> the police issue is called a
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parade permit and certainly if they are in the street it is required. >> because of traffic. >> correct. >> if they were on the sidewalk it might not be. >> typically that is not. >> okay. >> thank you very much. >> let me get this straight, do the performers actually get a corner, when they get a permit, do they get that corner or they can go anywhere they want. >> that is an open question. i don't believe that there would be >> there are month permits. >> how has been done. >> it has not. >> it has never been done. >> it has not been done but the answer to your question is it would be a difficult thing to manage if someone were given annual permit to go anywhere that is probably not the best way to manage this. >> in the future, what you are saying is that we can say that they can have and their permit
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is for this corner and at this time and then and depending on what is upstairs and we can work out the conditions if we have to. and right now there is nothing. >> that is correct. >> there is no things. >> okay. >> are there public nuisance laws? >> there is no loitering law on the books n stephenson, other than the one that is related to night clubs and using it for the purposes of the night life and the sidewalks and it does not relate in any way to this issue, as far as i can tell and there is no other loitering law, and there are, you know,
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generic terms of that but this activity not looked at like that, and no one is suggesting that street performer is loitering or a nuance in any way, other than if the sound that imminents for time and begins to become a problem for and usually if the offices are retail and so the time in which these performances going on is vital. and that is why the port limits the time, if you have a band, and they are there playing for five hours and they sing the same songs over and over and nobody enjoys that, when they are in the retail establishment, it is great for the people who walk by, and that is the point. so there are no answers to this to make the people happy. >> out of historical kind of knowledge, when it has come up
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and you are saying that it is resurrected now, when it has come up in the past what has been kind of the killer of any legislations is it free speech, is it --. >> it is that --. >> the city itself, i can't say for sure that it has been political in every case and we have certainly seen in 2006 there was attempt, and it was pushed back, but, post that, and it has been a problem for the city attorney to come up with some way and they felt that it was not going to be challenged. they are adoment to regulate the free speech in this way is not going to -- like, stand, in court. so we just won't proceed. >> when we talk about amplified sound for events, you know we always say that we can regulate what comes out of the speaker and the amplification and not
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necessarily what is coming out of your mouth, and i am not a lawyer so i can't say, but i am curious why that interpretation works for a nightclub but not --, because it is after 5:00. >> because it is amplified. >> if it is amplified i thought that we could regulate it? >> and so again, we can regulate free speech respect to time place and manner. >> right. >> but it has to be a compelling government interest as well to place restrictions on free speech. but wholesale creating a program and guidelines is a much bigger list, and i guess and it has to be a one time, six hour amplified event. >> just to answer your question, there are a lot of street performers that have these little amps that they
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bring out and these little tiny amps, and in many cases those amps will require a permit from us and even though the guys, and that, and the permits, they have said are very expensive and they are for a limited period of time, and nobody could afford them. and these folks are working on the streets for, you know, dollars in change and whatever. and some of them make good money and some of them don't, but i mean, if they could work in a nightclub and get paid a big they would not be on the streets, one it is san francisco and so it is really hard to regulate the free speech here where the city has free speech, and every major city has street performers and it leads to the vie brans of the sidewalks and the streets and i mean and there are cities where we say you have to keep your doors closed because that
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is our rules, other cities they want you to keep your doors open as the people walk by, they want to hear the music and so how we formulate the program will effect the streets of the city and san francisco is anything but boring and we don't want to make it so i think. >> and i think that part of the reason why i asked about amplification is to see what scope we are talking about, and rec regulate what we can and we can't touch what we can't, and if we are going to come up with a program it has to be amplification and rather than any kind of free speech and the parrots and the drummers and that kind of a thing, i think that those are all of the comments. commissioner moshoyannis? >> it is impossible to go through all of time, but the two page memo is actually really important and interesting, because it highlights the fact that they
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can certificate the folks who are performers but only those wishing to sell a product like an audio video tape and cd and they have limitation and they want do sound permitting stuff but we can and clearly this does not fall clearly in any one single department jurisdiction and if there is going to be a program it will ab i program and a collaborative one and i think that it is beyond either scope and that is why when there is no single entity in charge that is easy to say let's just forget about it because nobody has to take the responsibility for it. as i heard you speaking it sounds like it should be their program, so why, and if you could certify and one type of art based performance and why sxaot there are restrictions on what they can do and i understand that now, having read the mm mow and i think that kind of starting the
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conversation with them but that is also, the creation of a new program that regulate iss going to take some money. >> yeah. >> and bringing the people up to the table, all of these folks. >> right. >> and you are totally correct when it comes to that level of complication, nobody has time, energy, or the funds, and it does fall by the way side again and again and again. and so, street performers get chased away and we dent get the regulations that we need to help them. >> right. >> yeah. >> i think that this is an interesting kind of a discussion and we have gained over time, more and more, on a plate as a commission. and so, you know this is sort of the next thing to conquer and i think that the commissioners up here have
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always supported the entertainment and how do we get the entertainment to be promoting this, but also promoting responsibly and happening responsibly and so, we will see how this all ends, but, i think that we may form a subcommittee of folks, on the commission as the commissioners are interested let me know. >> and all right, i am going to open it up to public comment and we have four speaker cards here i am going to start off with brian comp ton and we also have larry bucket man. >> bucket man. >> and then edward jackson and then harold losman and so in that order, and the other people that want to speak after that feel free to come up to the mic. >> okay. >> that one right there. >> is it on? >> i can't see. >> yes. >> thank you for giving me the opportunity to speak to you. all of these people behind me are old friends, and consider
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them as family, and i think that there are some that i have met in my life and i have been playing out on 30 years on the streets, the sidewalks, excuse me, we are going to call it sidewalk performers, we are going to upgrade it like they do in the janitor and ste ward he iss and all of that, we are sidewalk performers and so let's take the street thing out of it. >> okay. >> this guy right here, he is going to tell the story but i will tell it before he does. i brought him out here from berkeley and i used to see them playing out there on the campus and he used to blow me away on the drones and i was like i got to come and jam with this guy, 19 years later, here we are in front of you and that is the power of music and we all listen to it and we go home and we all, play it for our family, and whatever our favorite songs that we listen to and take those back and makes us cry, and it makes us, and it is the
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sound track of our lives, okay? and it is one thing that we got in common and none of us want to be here but we all love music, and so, you know, the old expression is that is music to my ears, that is just means that that is something that i like. and i played for a small 30 watt amp, and i don't want to get technical, put a cap, put it by number three and you should be heard by everybody and you can see that there are a lot of street musicians in san francisco and it is in the that many and it is not like a rush is going to happen, these guys right here, we are all middle aged men we are not little kids. and you know, i got kids that are 25 in the army. and i am an ex-veteran too, myself, i served and i am a disabled veteran but i travel around the world and i work with the family stone and i work with hendrix and i work
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not on the streets but on the sidewalks, we thank you for letting us come here and we will be out there playing and we were going to jam in front but we did not want to go radical, so there is no reason to prove it, there is nothing to prove here, we are not here to fight, we are here to play music, thank you. >> thank you. >> all right, larry mr. bucket man. >> you all know who i am and you all support and you know mr. suffy right? and i came all wait from germany, and got me, and they made me my own custom made buckets and i got 500 buckets coming here, and yeah they flew me over here to show me i am representing our city, and every picture that you see, with me, represent our town, and germany, they brought me and they said that we like your town, will you represent us? and i got my buckets taken from me by the cops and threw them
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away and i have 500 of these and all that i got is one left and i am telling you mr. peachy, and mr., with the trucks and they took all of my buckets and i can't get my bucket. no you ain't getting it back, and now, it cost me no money because they paid for everything. now i got to pay to ship me another 500 buckets this is a souvenir of our town and the bay bridge and everyone will come and get this, wow there is the bucket man. and they will, and jackson, and they know us from the generation and we have the shows coming up, and the brothers but, i want to play the buckets but when you see the new trum set, (inaudible) brought that and we were doing that commercial, you know, i didn't come here, to do anything but just entertain people and 57 years old and just turned and i am not going to let no one, not you all, it take me and i went to jail for
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this already twice. and i don't care, you put me in jail i am coming right back out and setting the drums up because people all over the colder world know me already. if you go to you tube, we work together and we, with the guitar and (inaudible) and the new brother here from philadelphia to play the horns and he is bad and (inaudible) and jay, and he is only 21 years old, but it is, and it is the kids with the rapping stuff, i don't like it, but (inaudible) that is what we -- (inaudible) these cats from new orleans, my buddy here, and right here, and i can't say and i am from kansas and i say that this is the great world of success, and i am not going to let no one tell me that i can't play my buckets because it is a gimmick, and if you can't see it to play and you can shoot it with the buckets you got to be good. that is all thatvy to say, but
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i am not going to stop, and you are killing me, i will die and you will take my music and my fans away and, why did you get rid of bucket man they came to see him. they said that we have been looking for you all of the time and we can't find you, and if you don't have it out there, i tell you man, that you go wild, man and come and see the bucket man and i am not selling a super bad drummer, i know that my time is up. >> thank you. >> next up is edward jackson and then we have harold wilson. >> good evening, commissioners my name is edward jackson and you probably know me from tap dancing down in front of the cable car for about 20 years. and i played with brian comp ton and larry hunt and i think that the issue here is should
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it be regulated? we have not been regulated, we regulate ourselves, because we live in a community and we support the businesses in the communities that live where we work and so i don't know if i would agree with regulating anything if we were talking about amplified and i am a dancer and i use a speaker and the music is too loud because i have gotten excited. usually the cops will say, hey edward can you turn down the music and i will say absolutely i think that they should have a reader stick and from knowing a
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little bit about it, i think that it is ten decibels but if you george by the ambient sound of the traffic and the sirens and i can't say that it is regulated we regulate ourself, we did an intel commercial together and it was seen globally and they paid us well for it and i think that the people come to san francisco it has a vibrantcy about it, as audrey said it is a beauty and there is no place like san francisco. and if that gets taken away, or altered and any such way it will just be a shame, also, thank you for the time to speak to all of you,
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>> president and vice president, and i am harold wilson and i am from new orleans, and louisiana and i have been out here 35 years. and i am not as popular as these guys, these guys are pretty famous, while i am popular but i am still on the down low. most of my music is not amplified but occasionally i will buy the key board and guitar players and i do try to control the ambiance level and i do control it but when someone complain at me and what i do, i take the heat, and either turn the music down or i move to another spot. and i usually don't get the problem and i don't have the police come and i stay out there until ten, last night, and it does not sound very good to you guys probably, but the money gets better the later i stay out there baous the tourists come from all over the world to see what is real in america. and where the music actually
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comes from. and the music comes from the soul of the people that is on the street. and the music don't come from the guys who have been to the schools and learned the people on the street, shows the true talent and that is what it comes from and that is why the people come from all over and see how america, is doing these things and we are innovative and such as san francisco is a very innovative place. and if you take this music off of the street, a lot of us, this is what we love to do, this is where we make money. and the money petty. and we try to regulate the amplification, a lot of people come from so far away, who bring the noise level up but nobody will regulate them, but the regulars around here and you are going to try to regulate us when you can talk to us like the guys here before we are not children and i am 53 years old and most of these guys, we are going on the other side. and if we take -- to leave san francisco with some of the finer street music around the
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world, where the people come to see just -- that is where i bought my from, and san francisco, has people come here just to see us and so hopefully that, and the regulations are permitting don't go through, because, a lot of us, really don't much that much money. you know, doing this. and we do it for the love of it and i have the kids come up that play on my drums and all of the kids to play constantly and the police, do not bother me for that and i thank you all very much for allowing me to speak it has been very wonderful. >> thank you. >> all right, is there any, additional public comment on this? >> why don't you come on up and i saw two hands, is there anyone else in the room. >> all right. >> i got you. >> so come on up after. >> thank you, commissioners, for even having this event for us this evening, and my name is joe jackson. and i have a personal interest in this matter, and i am
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married to edward and we met, there. and i was, working at one of the local retail spots, who happened to appreciate the street performers. and they really added to our business and the people coming in and they would talk about it and as commissioner joseph said it really adds to the vibrantcy of this city and so the love even comes out of the work that is done by these men that have spoken, already. and i just want to echo some of the comments about when the tourists come and they actually ask by name, for these gentleman. and they know them. and they have created relationships with them, and these gentleman have watched children grow up. and they know and, they know family and their familis from europe and they know familis from here. and so this conversation began because of this love, hate, relationship, and the locals and the tourists love. and the regulatory system, has a different opinion, so i
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really hope that you, and that we look at it from our values, and what, what, or who do we want to say san francisco is? and to really include these remarkable artists as, as part of the decision that you make and how to move forward. >> and if there is anything else that we can do, please, you know, how to find us we are on the sidewalks. hi, i am mike burcel and we call ourselves the red dogs and i want it reiterate how we have touched people's lives from all over the world and it is a very positive thing and you see, the tourism is our number one industry. and well they come from all over the world and they hear us and they really make a difference and they touch
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people and they video tape us and when i see a kid and the kid to pick and he starts to strum the guitar and the neck thing that you know that mom and dad are happy and the video cameras come out and it is pier 39 and the kid got to play the rock and roll, and the guitar case has a few bucks in it and it is a positive thing and i am teaching some kid how to play git tar so on a positive note we are doing something for the community as far as tourism and making the music is a positive thing and so i want to reiterate that and so thank you for your time. >> is there any final public comment? >> going once? >> okay. >> come on up. >> anyone after that. >> please come up immediately, if not i am going to close the public comment after this. >> my name is kevin hurt.
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>> could you speak into the mic. >> the reason that i started doing it was because i couldn't practice where i lived at. and so i was able to come outside and practice, but that lady back there she was just like judge judy. >> i sound like her too. >> we have the same accent. >> i am a musician and visiting the city and they tried to do the same thing, and regulating the musicians on the street, the sidewalk. it is not going to work, it is america and let them play, i am 62 years old and i been a professional musician since elementary school and i have worked with every artist that you can think of and i am here visiting and doing the studio work here, let them play, i mean wha, harm is in it?
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>> great. >> any last public comment? >> seeing none, public comment is now closed, commissioners do you guys have any last thoughts on this i ne that the director asked for some direction on this. >> and i think that as we are going to look into this and i think that i mean, that these people, they come, and like you say, they are very mature and in fact, a lot of times i will, hire a lot of street artist to perform in our clubs because you know, there is a gig and i can't find that and i don't think that the commission will get rid of the performers on the street and i think that there are things that we have to work out and i am sure that we do have a subcommittee and i would like to have a committee
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of the musicians even give us more input and because i think, that we can all live together, and i think that it is not that we are going to eliminate anything, and i think that we just have to and it is just part of growing, as a big city. and, and i don't think that this commission, at all are going to say that we don't want the street performers, i think that if there is just some kind of that i thinks we can work out together and with, the different city agencies, and who also support the industry performers as well. but we are not the only ones, and i mean that it is going to take a process, that is all that i have to say. >> i just wanted to make a request, of the president. that i think that we need to form a committee, to really look into this and talk about this, among the commissioners here. and we would be happy to work on that committee if you so choose, and i also think that maybe, instead of telling 3450e, where they can play, and maybe we can tell the people
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where they can't, play and, maybe we will have avoidance zones and i am not sure that is right, but most of all, after knowing the bucket man for years, i am really happy that he is finally famous. >> i think that there has been a sentiment that all regulation is bad, and i hope that that is not the take away, i mean that i think that if there are regulations that they can also serve to protect your interests as well. hearing that story about your buckets getting taken away does in the sit well with me and i would like to make sure that we put the rules in place that protect and safe guard your interests as well. >> right, right. >> okay. >> and all right, those are great comments and i think that the regulation is a way and the
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public comment is closed. >> and the regulation is a way, for us to just sort of address the issue and i think that a lt of times things can happen and people can regulate each other in a community setting and absolutely the more that the government stays out of it the better and when the people start complaining and the neighbors start to push you out you do want a formal process to make sure that you can be there, and can continue and i think that like i said earlier i think that our commission has always been a supporter of not just the entertainment but the arts and we want to see the industry thrive and not to just have it be the sterile place, where, you know, artists can't come and can't perform and can't make it big if they do one day, so, i think that i will take commissioner joseph's recommendation to create a subcommittee and i think that we need three members of the commission to form a
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subcommittee. >> i volunteer. >> moshoyannis, and joseph. >> and that would be the official committee. >> and i think that, we will discuss this further and see, that we had a lot of questions about, and you know, what other, you know, entities or whether it be bart or the parks or the hot dog stands, and let us know when to bring us back to the full commission and thank you all for coming in today, and we are going to move on to the next agenda item. >> item number five, the police department comments and questions and i am not sure that if there is anyone from the department that want to speak and does not look like, we will move on to item six, the