Skip to main content

tv   [untitled]    July 16, 2010 4:30am-5:00am PST

5:30 am
rincon. just about a month another my husband and i watched a movie. a bullet broke through the window in front of our couch which is less than six feet away from where our heads were. the bullet ricocheted into our window frame. so we're lucky we're still alive to be here today. i am also shocked and deeply saddened that a fellow police officer was shot on the early morning hours of june 19 of this year. during the ongoing chaos, generated by el rincon -- in these past years, we call el rincon when it gets too loud. they rarely answer the phone. we contact them, the commission about the noise level. >> inside engineer can make improvements. but this cannot solve the technical problem. >> we call the police when el
5:31 am
rincon patients get out of concern. we voice our concerns to the california alcohol and beverages commission. >> so now i'm here, eight months pregnant. 320 alabama and also our neighborhood who cannot attend tonight's neighborhood. we need you to know that no one shall live in fear of the lives of their home. no one should take away peaceful, quiet and safe environment from our children. and no one should have them do violence at the front door. so i urge you to revose or definitely suspend. we have to act now. please don't wait because don't wait until it kills someone again. not again, i'm sorry.
5:32 am
it kills someone's life. i'm sorry. we have to stop this now. i believe really no one deserves to die. thank you. that's my comment tonight. >> it's thank you. >> we have any further public comment? >> my name is tyler kerr lick. i'm also a resident of 320 alabama. according to a ghote the "san francisco examiner" please pa tell did not understand why they were being targeted during to the incident. either ms. pa tell is whofully dent of her mayhem. she is blatantly disregarding it as a cost of doing her kind of business. el rincon and ms. pa tell are
5:33 am
not active participant. they're obviously bringing problems with them. until the last two years alone, i've called the s.f.p.d. almost 50 times. to report on the violence and its patrons. these issues go from public drunken ness. fighting and also shide shows by the patrons of el rincon. yes the p.d. have responded. the shooting last month was not even the first shooting occurring. as the previous speaker related to, an el rincon patron who we believe was standing in the club in a vestibule did fire our at building. they're passed shooting at a passing car. it's in the war of my living room. i have a couple of statements, ms. pa tell, you need to wake
5:34 am
up and understand the violence you're inclicking. and please adopt this permit before someone dies. thank you. >> if there are any other speakers, please line up to my right. >> thank you. i am a resident of 320 alabama. i live with my wife and my daughter. we live two residents down from the neighbor who is have the bullet. i wake up repeatedly and see 30, 40, 50 people outside, with no security there. and also when i was speaking on the other side of the building, they come out. and are very extremely loud. ha
5:35 am
the club, but out.mely loud. ha we are definitely very concerned with the bullet being shot into the built as we are just two units down, which is very close. our daughter actually sleeps on that window. so we are very concerned every time there is some sort of action and things going on in the club. we definitely feel like it should be suspended indefinitely as well. thank you. >> thank you. >> hello, commissioners. my name is donald, rarmse. i am the not resident of 320 alabama. i was going to say the same thing about the newspaper articles and stuff. the el rincon club has been an ongoing problem for about six years as long as we have lived
5:36 am
there, and it has been a constant issue. i hope that you are able to weigh the evidence you have been presented and decide to revoke or suspend their permit indefinitely. it really is a serious public safety issue. i hope we can do something about it. i am sorry it took an sfpd officer being wounded to have this considered. thank you. >> thank you. >> good evening. my name is kelly gardner, and i also live across the street from el rincon. i am also asking for you to consider to revoke on suspend the permit. i was sleeping when the gunfire happened on july 19th. the gunman shot the police officer. the gunman was actually a few feet from my bedroom window when that happened, so i
5:37 am
certainly heard it and woke up. when i moved into this neighborhood, i moved from the suburbs into the city. one of the big things was all the amenities and wonderful things in the city. the neighbors that i have are really wonderful, and that actually is still true except for this one situation that causes a lot of fear for myself and other residents. even just walking from bart, walking to other establishments in the neighborhood, having to walk by that to get home is very concerning, as well as our homes and vehicles, as others have said. so there have been -- in the years i have lived there, which has been six years, there have been a lot of complaints of noise and other dangerous situations. now it has escalated to this shooting incident, and i feel like it is time now to actually take action before something worse happens.
5:38 am
so i am asking you to consider the impact and danger this is causing our neighborhood, and on behalf of my neighbors, friends, family, children and the community, to take action and revoke or suspend their license. thank you. >> thank you. >> good evening. my name is lance thompson. i am also a resident of 320 alabama. i will take a slightly different tact here. as i understand it, the goal of operating a club in the city is to generate some positive economic activity for the city. when we look at el rincon, i have talked with many neighbors who have talked with patrons of el rincon. these are not people that come into the city to have dinner in our restaurants, to have drinks in our drinking establishments. they strictly seem to be people who come in for a specific
5:39 am
event, cause trouble, and then leave the city. i find it hard to believe that the taxes that ms. ppatel pays, the permit she pays are covering the involvement of the police department. i don't see how the commission could view this establishment as a net positive to this city. if anything, it is a net drain on the city to keep it open and in effect. so i do urge you to revoke or to indefinitely suspend the license. i think it would be actually a net positive economically to this city. >> thank you. >> good evening, commissioners. my name is ira stein, and i am a resident of 320 alabama. obviously it is very sad that we all had to be here tonight for this situation.
5:40 am
you know, my windows face 16th street as well as alabama. there has been numerous occasions that you have heard when the police have been called for so many reasons of noise level. outside our windows where they congregate, they make noise with their music, and their screaming in front of our windows on 16th street. believe me, these are not the kind of people that you would want to open your window and say could you keep it quiet, people are trying to sleep here? nor do i understand when mrs. patel when she asks these people not to drink in front of the establishment. that is like a saturday night life -- live skit. these are not good neighbors. i think it is sad that it took a police officer to be shot for
5:41 am
this to come to this degree. i watched that entire incident from the very beginning before the police arrived and while it went on. when the police officer got shot, all i could feel was wanting to go outside and say is this what it takes? is this what it is going to take, for a police officer to be shot? when are you going to close this down? so i beg you, please, do what you can. thank you. >> thank you. >> hello. my name is nick, and i am a resident of 320 alabama street. i am also a father of two 18-month-old daughters. my property faces alabama street. so we are on the opposite side of the building from the club. but the club's influence doesn't stop at the club. people park on alabama street, and they bring the party out
5:42 am
into their cars, where they continue drinking. they open their doors and have extremely loud stereos. i have been threatened three times in the past years by telling these people to stop, go away and turn down the music. one of the responses was they were going to punch me face through to next week. then i called the police. so there a fear of the patrons of the el rincon, and it needs to be cleaned up. i think the statements from ms. patel that she doesn't care about our neighborhood or our kids. we are actually concerned about the bedroom being on the front of alabama street because we don't know what is going to get thrown through that window if we keep confronting these people. please shut it down. thank you. >> thank you. any further public comment?
5:43 am
seeing none, pickup cox is closed. commissioner? >> just so the public knows, we can neither revoke nor suspend tonight. that is not a possibility. it has to be noticed. but i would like to make a motion on item number 5 to not approve their major amendment or any changes in their conditions or security plan, and to continue this item to the next meeting, where we will consider a motion on suspension based on article 1060 .20 .1-a-2-1. i think that's right. the permitee or the employer
5:44 am
agent has operated the business in a manner that has harmed the welfare by increasing con jennings, disorderly conduct or the noise level in the area of the premises. i make this motion based on my opinion that i do not believe that the person who holds the permit is in control of her venue. i do not believe she is in control of her venue. that's my motion. >> i second the motion. >> can i just get a little clarification? what are the powers -- help me out here. what are the powers of you as acting director to continue the suspension until we have a time to do this? and then i would also like to know from either you or any of
5:45 am
the fellow commissioners when the legislation that is bees proposed right now -- when is the time frame for that being enacted? >> months. >> months. >> the first hearing in committee for the revocation legislation is next monday. but as was stated, there will be at least one committee hearing, and then it has to be moved to the full board for two hearings. so it will take some time -- two readings at the board. so revocation is probably not viable in the time frame that it seems the commission wants to move. however, i also want to remind the commission that any 30-day suspension requests from you to staff requires a 30-day notice
5:46 am
to the permit holder. so if we were to notice the permit holder as soon as tomorrow, there's a 30-day notice period before we can hold a suspension hearing in this room. >> let me ask you this question because i may amend my motion. do i have to make a motion for us to consider suspension? because that is what i just did in my motion. in my motion, i moved to not approve the amended permit and to continue this to the next meeting, where we would consider a suspension motion. is that a correct motion, or do i not have to make that motion? can we considering a suspension without it being on the agenda?
5:47 am
>> no. this tonight cannot be considered a suspension hearing. it was not noticed properly, nor was the permit given the opportunity to respond. >> right. >> if you wish to hold a suspension hearing, you may request that of staff to gig proceedings for suspension. i will then proceed with suspension and follow the rules of due process that require 30 days notice. >> my dilemma -- the dilemma we are dealing with here is the way this item has been noticed for tonight. the agenda item is simply to consider new conditions for this venue. what we would like to do is to initiate suspension proceedings , but that has not been identified on the agenda. therefore, members of the public who would like to weigh
5:48 am
in, in public comment, one way or another, were not dualy notified that we might be voting to initiate suspension proceedings. so my interpretation is that the commissioner's original motion to reject reconditioning , but to continue this item to the next meeting would be the proper way for us to pro -- proceed, even though it does leave the place able to operate. but the motion to initiate suspension proceedings has not been noticed to the public. >> correct. commissioners, that was not the intention. it wasn't an error on the agenda. this was not a noticed suspension hearing. if the commission wishes to have a noticed suspension hearing, it must ask staff to pro in that way. we cannot have a noticed suspension hearing in two weeks
5:49 am
because that is not enough notice based on the law -- >> no, no, no. the point was to initiate suspension proceedings. not to suspend, but to initiate. >> i understand, and the soonest we will be able to have a suspension hearing, dualy noticed, will be 30 -- did youly noticed will be 30 days from tomorrow. >> the suspension hearing does not require a motion. it can be done by the president through the staff. so the issue of having to make a motion and vote to initiate a suspension is moot. it can be done another way. >> i want to read from the code. it says the entertainment commission shall give the permitee and manager written notice of a hearing to determine whether to suspend a permit. the notice shall set forth the grounds for the proposed suspension, and the date, time and location.
5:50 am
all you have to do is give a notice. we don't have to make that motion. so i am going to amend my motion -- where is the agenda? thank you. i am going to amend my motion that we deny a change of conditions in the major amendment of the permit, and i am going to request that the president ask the staff to initiate suspension procedures. >> i will do that after we make our motion and decision. >> all right. so i make a motion to deny the major amendment of this permit. >> the seconder of the motion concurs.
5:51 am
>> and during discussion, if i may, when we deny a permit, it invokes the ability of the permitee to take the question that is in front of this commission away from us and bring it to the board of appeals. the board of appeals then gets jurisdiction. so a motion to deny can be appealed at the board of appeals. >> but the motion is only for the change of conditions. >> but they could appeal a denial. let me finish. so my suggestion is that we proceed with reconditioning this permit in a time and place manner that eliminates the problems that are going to occur from the operation of the business during regular business hours. so, my proposal to be -- would
5:52 am
be that the amendments to this permit enable entertainment to be done between the hours of 12:00 noon and 12:30 p.m., monday and tuesday. >> that is too cute. >> it will effectively create a scenario where they can then appeal that decision, but during the time the decision is in order, it will stop the venue from being able to operate, and that will give us the opportunity for proceed with a suspension hearing. i am not an attorney, but i believe that is how it would work. >> commissioner miko? >> i think this could be handled much more simply and much more legally than that. the agenda item is to undertake a major amendment of this ter
5:53 am
mitt, not to approve a new permit or not. so the major amendment -- perhaps it would be boast to simply continue the question of a major amendment to the next meeting. but i don't think there's any need to impose any condition. we are not considering whether to issue a permit or not, and new conditions would not be an appealable matter. >> if you read the agenda item, commissioner, it says review and change the conditions. that is what i'm proposing. >> and what i'm saying is that -- well, i am almost tempted to ask the president for a recess and make an attempt to call the city attorney at home and get an answer to this. it is not that late.
5:54 am
i have the number. i wouldn't attempt to call him at home if i didn't have the number, jocelyn. >> i have no problem with the call. but then also having heard the testimony here tonight, i have no problem with commissioner alan's propsal. we would be remiss to let this continue to operate. i sure wouldn't want to live across the street from it, especially with young children. the only other comment i would have to make is to say for the future, if possible -- i noticed that mission station did a lot of research and made a very strong argument. i think in the future if we have issues like this, that staff, instead of just recommending approval of the new items, would have a jendized it through the chair
5:55 am
to give us either the option of approving it or suspending it so that we wouldn't have to be starting. >> in defense of staff, they received the report yesterday. so there will be proper opportunity for notice for all of that to happen. >> i've got you. >> i spiritually agree, but we have to observe the time frames. we got this information yesterday. not giving everybody time to react within the law. >> mr. miko? >> i think if we were to act upon the motion as proposed, the argument could be made that constitutes prior restraint of free speech, and that would be appealable. if an appeal would be filed, our judgment would immediately be set aside. >> i agree. >> so it would be a moot point for us to even act in that
5:56 am
matter. >> correct me if i am wrong, by the time that worked itself out, we would have the suspension implemented, and hopefully the new ridge slation from the board, and we would proceed on that line. >> well, no. if we acted tonight, they could appeal tomorrow and immediately set aside our judgment tomorrow. >> they would have a stay. >> they would appeal it to? >> as soon as they appealed to the board of appeals, our judgment is stayed. >> i guess i have more confidence in the board of appeals siding with us. >> it doesn't matter. it is stayed anyway. so i want to go ahead with my motion. >> that is fine. the fact of the matter is, board of appeals or no, city attorney, if they pick up their phone or not, we have to make a decision on a possible action to review and change the
5:57 am
conditions of the place of entertainment. if we deny any of that, then they are going to stay open for the next 30 days after i stated we are going to do the suspension hearing. what is at stake is public safety. what is at stake is we are not going to look at these conditions proposed to us, that we need to have, in order for us to walk out of here and feel somewhat safe that the neighborhood is going to be safe, that the children are going to be safe. what is concerning to me is that yes, we are looking at all these different things, and we are looking to hear what the city attorney is going to say and what may or may not happen with the board of appeals. but the fact of the matter is none of those come into play. we need to consider this action. what we do is something we need to bring forward and make a decision on that ultimately leads to public safety at least for the next 30 days. i am concerned about that, and we should all be concerned about that. with that said, i am going to
5:58 am
grant the five-recess to call the city attorney to see what we can to with this, but if they don't pick up their phone for whatever reason, we need to take a hard look at conditions that staff is recommending, what police have said and go from there. >> can i make one suggestion? instead of calling a five-minute recess, maybe we can move on to the next issue? >> i need a recess. >> well, all right. >> back in order. >> i like to abandon my previous motion and have a few motion. i would like to move to approve the change in conditions on the
5:59 am
permit and change the wording on item number 12 to read, the permit holder will notify the san francisco police department with a venue calendar of all upcoming events. every three weeks. i want to put the word notify in this. >> is that your motion? >> that's my motion. in its entirety. >> the seconder concurs. >> okay. commissioner ninle. >> aye eco aye allen aye. roja aye thank you.