Overturn the denial of the Building Permit and approve them with a scope of work that was approved by the variance because if you approved it for a larger scope of work that would not make sense because the variance would have been approved already for that limited scope of work. So essentially if the variance is upheld tonight a maximum extent is locked in. And if the variance is denied tonight, then well see them in another year when they come back they would have an option so the city charter allows, basically if you have a project disapproved, you can, one year later, basically apply for essentially the same project. Or change the project, yeah. Yeah, and right now, youd have to change it in a way that would be significantly different from the original project. You cant tweak the project and say its a different project. It has to be a significantly different project. Yeah. Thank you. Thank you. Commissioners the matters submitted. Variance commentator. Because i always comment . Exactly. You have the greatest wisdom. You know as i was listening, it was quite clear to me that you know, none of these buildings are conforming or cocompliac cocompliant, and the people arguing against the appellants buildings also are noncompliant, so the it raises the question which one is more wrong, you know, and i was thinking about that in light of another case we had on russian hill, where the organizers of and owners of certain buildings went against a permit, and the rationale they used was, you know, in terms light, air, and Everything Else but it was their building that went to the rear property line. So as i started to think about those kind of things, then i realized just what i said earli earlier is this is not a project permit. Its a project variance, and whether we agree that the five findings as produced by the za were correct in our minds, and i have to say that i dont see that the five findings have been met. Nobody in the audience talked to the findings. Im speaking that i think only two have been met, but the majority have not been met. I remember that project that commissioner fung is referring to, as well as recently, we just had 68 richardson, which was very, very similar. In that particular case, i believe that we did allow the variance. In this case, even though that the, like 68 richardson, the neighbori Neighboring Properties were not conforming, it was a whole different project. It was a it was a 600 square foot home that they were making to 1200. I would concur with Vice President fung that i would not support this either. And just to follow up the one that he was talking about the one on russian hill that came before us, i believe that we removed all the decks and conditioned that, and that that might have been prior to your coming onto this board. It was. No, i like i like the comment of commissioner fung that everybody was wrong in the first place, but the last building thats wrong gets punished for being allegedly more wrong or another version of wrong. Its its kind of quizical. I dont think im hearing on this board tonight the support for the variance. I would love to its tragic to have a i speak as a real estateoriented person to have a a piece of property which could be improved significantly and a willing sponsor to improve that for the purpose of raising their family and improving the neighborhood go go fallow and continue to be a fractured. Thats the best adjective that i can come up with at this hour of the night. I would have supported the variance but i dont think theres any will for that, so i wont raise that topic. Can you make a motion . All right. Let me float a motion and lets see if it gets anywhere. I move to grant the appeal and to deny the variance on the basis that the five criteria have not been met. Vice president , you had mentioned in particular you thought there were two findings. Do you want to identify which ones or do you want to leave it i would prefer to leave it. Okay. So the motion for the Vice President is to grant the appeal and deny the variance that the five criteria under 5 c have not about been met. My motion should be to deny the appeal. Youre granting the appeal if you want the variance to not exist. Thats correct. I know its late. I lose it at night, i guess. Okay. So on that motion to grant the appeal, commissioner lazarus. No. President honda. Aye. Commissioner wilson. Will you go first . No. Give me a second. Let me think about it. Its rare you make the decision tonight. Would you say it again, please. The motion would be to grant the appeal and deny the variance on the basis that the five findings required under the planning code have not been met. Aye. Commissioner swig. No. Four votes are needed and theres voted 32 so that motion fails. Lacking any other motion, the variance is upheld by default. I have no other no other motion being made, president honda, theres no other business before the board. Good evening. Welcome to the Small Business Commission Meeting tonight. As our custom to begin and end each meeting to remind the office of Small Business is the only place to start your new business in San Francisco, and the best place to get answers about starting your mail business in San Francisco. You can find us online or in person here at city hall. Best of all, our services are free of charge. This is the best place to voice your concerns with matters that affect the vitality of Small Businesses in San Francisco. If you have questions, you can start at the Small Business commission. Clerk this is the Small Business commission, regular meeting on november 13, 2017. Members of the public, please take this opportunity to silence your phones and other electronic devices. Public comment during the meeting is limited to three minutes perspeaker unless otherwise allowed by the director of the meeting. Completion of a speaker card, while optional will help ensure procedure spelling of speakers names in the written record of the meeting. Please place speaker cards in the basket to the left of the lectern. Names will be called in the order they are on the cards in the basket. Item one, call to order and roll call. Clerk [ roll call. ] mr. President , you have a quorum. All right. Next item. Public comment. Allows members of the public to comment on matters that are in the Small Business commissions jurisdiction, but not on the agenda and address future items for consideration. Discussion item. Do we have any members of the public wishing to comment on any items that are not on the agenda . Seeing none, Public Comment is closed. Clerk the presenter is me, rich kurylo Legacy Program business manager. All right. That, which we look forward to. Good evening, president dwight, commissioners. Rich kurylo, Legacy Program business manager. I have a slide presentation for you today. Before you today are two considerations for your consideration for businesses to be included on the legacy business registry. The applications were reviewed by me for completion and submitted to the Planning Department staff on september 22nd for their review. For each applicant, your Commission Packet contains a staff report, a draft resolution, the application, a case report from Planning Department staff, and a resolution from the Historic Preservation commission. There are copies on the table for the public. Item 3 a is ellory owe, y r your is elrio benefits, fu fundraisers, and community bar. Its become an anchor to the mission district, Lgbt Community of color and under served communities. Item 3 b is hwa rang kw hwa rang kwan martial arts center. They offer their space to outside martial arts groups that cannot afford to rent premises of their own, each renting space on a month to month basis. It is an Educational Institution that caters er everyone regardless of ability to pay. Both businesses received a positive recommendation from the Historic Preservation commission. After reviewing these applications and the recommendations from the Historic Preservation commission, staff finds the businesses have met the three criteria to qualify for listing on the legacy business registry. There are two draft resolutions for consideration by the Small Business Commission One for each of the legacy business registry applicants. Note that a motion in support of the businesses should be a motion in favor of the resolutions resolutions. In the resolutions, please pay close attention to the core physical traditions that define a business. Once approved by the Small Business commission, businesses must maintain these features of commission in order to maintain on the business registry. For el rio its 4, and for hwa mang kwa, its Small Business training. Richard, i have a question about the martial arts center. Is this a nonprofit or for profit . For profit. For profit . Mmhmm. It was ran by the church and eventually became for profit . Thats my understanding. Commissioners, any further questions before we open it up for comment . All right. Lets hear it, folks. Come and sing your praises. This is your chance. Open mic. All right. Richard will call the names in order of speaker cards. We have carol hill and jasmine johnson, and then, pablo espinoza. Commissioners, supervisors no, commissioners. Commissioners, i am carol hill, and i have to say that until i so i moved here from the east coast like 20 something years ago, and and there was, really, nothing that that i felt like was here for me until i came to el rio. El rio had, like, a womens night, and i dont know if you guys remember this, but it was a lesbian night, and they were doing something that was being done constantly that i wasnt seeing in the community, especially around women getting together socially. So i am specifically involved with mango, and it has been going on for 21 years, and it would it happened and speaking of equity, it happened because lesbians of color couldnt figure out or couldnt find a place where we would hear the music, hiphop or latin grooves, and el rio offered up that space. Almost 21 years, there have been lesbians in el rio the first saturday of every month. At mango, there have been break ups, there have been marriages, there have been children; anything that you can you can think of that could happen in the life span of 21 years has happened, and we have all done it through mango and el rio, so as far as it being a legacy, its a club that has lasted through almost all of the other lesbian clubs here. We were trying to do some research on it, but i think its the longest running lesbian event in the world, but thats just me. Im saying it and putting it in the record, but im saying at least in the area for San Francisco, and i think it is part and parcel because el rio had that lens, let us start it 21 years ago, and just keep going on for 21 years, so my god am i over time . No, you have 20 more seconds. Oh, 20 more seconds . So yes, it should be a legacy business for San Francisco because it is important, so important to keep that going. It start its done a bunch of Ground Breaking work and has done it for 20 something years, and it could definitely keep going and get all the benefits for that fantastic work. What a nice testimonial. Thank you. All right. Whos next . Well, my name is jasmine johnson. I work enough to experience el rio on both sides of the bar. I remember before i starts working at el rio, i didnt feel like i had much of a community, i didnt have much of a support system. I walked in, and instantly i felt loved, supported, every positive feeling you could imagine, i got from el rio. Its so much more than a bar. The people that work there are so much more than our employees, and the people that hangout there are so much more than customers. The past few years ive gone through so many things highs, lows, and everything in between. Ive cried, ive laughed, ive loved after el rio. We went there for comfort after florida, we went to drink there a lot during the election. Im confident im not the only one who feels this way about the bar, and im confident it will continue to be there for me, and it will continue to be there for everyone else who comes through its door. Thank you. Thank you very much. That was really great. Next, please. Good evening, commissioners. My name is pablo espinoza, and i come here today to ask that the commission approve el rios application and designate it a legacy business. Ive been a part of their community for 20 years. I came to San Francisco for life and social spaces that spoke to my experience in a multicultural event and environment. And i found a big part of that at el rio. For many lgbtq and kaliedo scope of people like me. You see yourself reflected back in the people, the parties and principles held by el rio. Its more than just a neighborhood bar. Youll hear that from just about everyone in the bay area thats been there. Its an institution. Its also a hopeful place, a representation of so much that we love about San Francisco. It is a place run by and for people who want to be surrounded by a genuine mix of folks, people of color, artists, political activists, folks committed to ending racism, sexism, homophobia. Its a people who want to be in communities with white folks, lesbians of color, day men and folks who just turned 21. Braf paragraph we live a lot of our lives in groups socially, outside of our homes, outside of our solitary comforts, and a safe inclusive space is part of that. El rio is one of those public spaces that gives back so much more. Please honor el rio and the city of San Francisco today by naming el rio as a legacy business. Thank you. Thank you very much. All right. Do we have any other speakers . Clerk clerk o clerk no other speaker cards. Okay. That was awesome. I want to thank both of these legacy business candidates for going through the arduous process of filling out the application. It is a lot of work, but i think its very rewarding because too often we dont reflect on our legacy until its too late. Either theres a fire and all the records get burned or someone passes or whatever, and we lose the did shallwe lose the tribal knowledge, so i think this has been cathartic for all the businesses that have been through the legacy and brought them this far, and we heard some great statements on behalf of el rio, so thank you very much for coming out. Appreciate it. Commissioners, any comments . I i already thought el rio was a legacy fwbusiness, b i have to give my shout out to el rio because i saw a couple of familiar faces there. I spent many sundays salsa dancing, and when you talk about inclusiveness, it really is. Its the rainbow, and its awesome, and ive been to enough hard frenchs, and you guys know what im talking about, you know, those are fun, and when you go to hard french, the crowds with the diversity, and and it really does speak of San Francisco, so yeah, im a frequent visitor to el rio. Whenever i bring people in from out of town or theyre from out of town, and they want to experience San Francisco, we always bring them to sunday at el rio, and then, we cant get them to leave. So just the bartenders and everybody who puts on the events there, mango, good for you. You know, i know a lot of women who do go to attend, and they love it, so thank you for doing what you do for our community. Thank you. Procedurally, i left out a step because i was still reflecting on your great comments. Are there any other members of the public that would like to comment on this item . Seeing none, Public Comment is closed. Got to do that for the record. Any other item . Action item. I motion that we approve el rio and hwa kang man for legacy businesses. We have a motion. [ roll call. ] that motion passes 5 to 0. Yea thank you for coming to city hall. Much appreciated. Dont feel obligated to stick around for our proceedings. Sometimes theyre interesting, sometimes theyre not. Clerk item 4, board of supervisors file number 171170, Police Administrative codes, considering criminal history and employment and housing decisions. Ordinance amending the police code to prohibit employers and Housing Providers from inquiring about requiring of disclosure of on convictions of criminalized behavior including the noncommercial use and cultivation of cannabis, reducing from 20 to five the number of employees required for an employer to be covered by the fair chance ordinance, article 49; authorize the city to impose penalties for the first violation of that ordinance, increase the penalties for subsequent violations, and authorize the payment of penalties to the victims of those violations. Create a private right of action for the victims, and amend the administrative code to, among other things, as defined herein, require city contractors and subcontractors to adhere to the above requirements when making decisions regarding employment of persons for work on city contracts and sub carrs. The presenter is britt brittni chacuata. Good evening. My name is britt brittni chacuata, and earlier this year, the citypassed ab2008, and in some ways, it surpassed our legislation, so this is really an amendment to the local ban the box to update and come into compliance with the state law, nsu, key wave, and then, tighten up some language where there wasnt clairity in others, so as mentioned right now, now, we will be covering things that are that have been decriminalized, such as possession of misdemeanor possession of cannabis, so even if you were arrested and or convicted for that in the last seven years, which is a part of the look back period written into our legislation, an employer a prospective landlord cant ask anything beyond seven years, but even if those seven years, youve been convicted of something thats now decriminalized, thats something thats covered in the fair chance ordinance. We are reducing the number of employees an employer must employ from 20 to five. Were unbundling the convictions, so for example if llc did their investigation and found that 20 other people filled out that application, that would be one violation, but to unbundle it, it would be 21 violations. And the payout would go to a victim upon determination that their rights were, in fact violation, increasing from a warning on the first one, 50 on the second, and up to 100 on the third, and up to 500 on the first violation, 1,000 on the second, and 2,000 on the third. And lastly, the measure authorizes the right of action, so its not only that the City Attorney can sue, now, it also authorizes the victim to sue. And with that, ill entertain any questions from the commission. Great. Commissioners, any questions . I do. Where these amendments, are they provided in the state law, and to what extent we go beyond the state law . So the right to sue is in the state law. The penalties are different from the state law. We use los angeles as a benchmark for the development of the penalties, and they passed a similar ordinance in january of this year which went into effect in july and used their minimum wage penalties as a guideline for how to for what to fee out to the victims, so thats the same thing that were doing. Do you know what the state provides . There may be other ordinances in cities, but what does the state provide, and to what extent we go beyond the threshold set by the state . I dont have the number of what the state provides for violation. Okay. Are we above what the state provides . Can you can you give me that information, please. I cant say because i dont remember the exact numbers off of top of my head. I apologize. No, no, i just want to know you said at the outset that were kind of aligning with what the state of california provides, but and now, you told us it was different, so it would be nice to find out what that difference was. What that difference is, and to what extent we are exceeding what the state provides. To your knowledge, does the state lower the the requirement as to its application to five employees . They do. Okay. So for that, we are in line with the state. Correct. But in the penalties, we may be above, correct; and the right to sue, is that the same . Correct, and i cant say the penalties because i dont have the numbers in front of me, so i cant say up or down. So we will wait for at least me for that clarification, but thank you for your answers. Thank you for your questions. Lets just use the question you posed. So theres a question thats on this application thats in violation of asking about your history. Is that in and of itself a violation or do you have to show that that the answer to that question caused you not to get the job versus another candidate . I frankly, first of all, the question is if i look at the if i may, ju just look the law itself im on the right page. Yeah, its a good question. There are probably a ton of outdated application forms floating around in the world. And im talktiing about the its date of of applicable date or the date it goes into effect and to what extent the Business Community in our county is going to be aware of this to tell you that employer people like myself, a lot of people wor businesses who have employees, and they may not be aware, we havent talked about the outreach, but to respond to your question, is it just putting it in the application that youre injured or when your job is when youre denied employment, you have to prove that my understanding is its the latter you would have to prove that the denial of employment was due to the background of the conviction history. Where is that . Thats the osc. Osc is the adjudicating body. But we should see were talking about penalties when it talks about the violation. It says the violation is not relating to a job granting or lack will have, its just putting it. Right. In the application. cause my follow up question would be if thats the case, then only one person if you have one opening, and say youve interviewed ten people, and you ask that question of all ten, and you hired someone, and then, someone said hey, i think im Better Qualified because of that people. I think i was disqualified because of this question, and then all the other nine people lined up and said oh, me too, thats kind of the law, right . If you parse it down, only one applicant, ultimately could be the one that was discriminated because i think youre just saying okay, lets look at the list of candidates. We didnt pick the most qualified person. That person was harmed. Those other ones werent harmed. That wasnt the question. In my opinion, its a strict liability. My question is if you put anything in your application violation, then, you have to take your example, if you have 20, thats 10,000. Potentially, yeah. Potentially 10,000, and the person who got hired has a right to claim the 500. Has that person so is that true, in your understanding of the law . My understanding is that the violation has to be proven, so if it is a violation to ask the question on the application, then yes. Okay. Then then but if its if the violation is proving that you were adversely impacted by the question, then no. Thats an additional violation. The question or discrimination, but the question were asking ourselves, does the penalty apply does the penalty apply if you make that requirement of disclosure or should you prove injury because that 500 is a set amount. You have additional grounds to sue, i assume, and that is a very important point for us to understand. For example, what if you did what in this proces, what if you ended up hiring somebody that had previously been convicted . Do you have experience with this . Yeah, i do. Thats why i was waiting to talk. So when you get new state of california has job applications that youre supposed to use, and on the new job applications, its not on there. Theres no box to check. Its an updated form. Yeah, if you work in a financial institution, though, you do have that right to ask because you follow fdic and federal regulations, but for the but like, cause we got im hiring now, and on the new application, theres no box to check. Right. So what this law is pretty much targeted is Small Businesses who arent like a big business, who dont change out their forms and use the same form. Right. You know, thats who they target, so but the new forms that you get from the that you ordered through the state or the hr thing that gives you, you know, all the stuff for your wall that keeps growing, they theres no theres no box on there anymore. It went away. Okay. Commissioner riley . Commissioner riley yes. My simple question, so if you use an outdated form, the questions still there to inquire about the criminal records. Is that a violation . Yes. Its the responsibility of the prospective employer to either delete that question from the application or use a different form application. Commissioner riley so now, were down to five employees, and its a mom and pop, and they want to hire two people. Yes. According to state law, were moving down to five. Commissioner riley so how do we make sure theyre aware and informed of this change . So as you know, in response to feedback that we received from people, we pushed the onset date out to lineup with when pay parity and minimum wage are also being raised in the city, so giving an additional six months for all that outreach in the city, to notify all employees, and make sure that theyre properly notified about this change. That makes sense. Commissioner riley now, i know that finance institutions like banks, they have to bond the employees yeah, theres a separate form that banks now use, separate from the regular california state application. Commissioner riley but would you still inquire about the criminal rights yes. You have to because it goes to the feds. Is that exception probably in the code . Commissioner riley so you said its a violation, what the banks are doing . No, because we adhere to federal laws. Commissioner riley you can still ask. Not on the main application, we cant ask. We can ask on a separate form. Commissioner riley mmhmm. I know we used to do it on the same form. Yeah. We have to use the state of california application, because im going through this now for next year, so we have the new application, and then, we have a separate form on top of that that the prospective employer has to sign for the brown check. Commissioner riley after you hire . Right. Commissioner riley it wont be yeah. President dwight mi miss endrizi. The city does not have the box on its application, but before we offer a job, we do a background check, so my understanding is that the employer still can do a background check to ensure cause there are some jobs where youre not going to want to have like, if youre in child care, youre not going to want to hire somebody who has a record or inappropriate, so theres that ability to still be able to do background checks, but its just youre not filtering out individuals up front. Okay. Correct, and so this is just after the conditional offer can you do the background check and ensure that nothing in that persons history would preclude them from the job that theyre applying for. Commissioner riley what about if you do the background check and find out this person has a criminal conviction relating to cannabis. Would you still hire that person or can you not . If its cannabis, thats not it would be something we would still hire. If its still legal under prop 64, something thats been decriminalized, then you cannot consider. Commissioner. Commissioner zouzounis similar to the page gap ordinance, and they disclosed their information voluntarily, that wouldnt be used against the employer or some regards like that, is there any safe, you know any language that refers to that instance where someone is just talking, interview, and says oh, by the way . I dont believe that theres explicit language that says, you know, if a person volunteers this information, that it would protect the business owner, but i can doublecheck that and if not, i can look at the pay parity language that youre referring to and i dont think that that would be a problem, adding that in, if an applicant or prospective tenant released that information. Commissioner zouzounis okay. In that instance. And then and then so the what if you could provide a little context to what states rationale and now the citys provide right to the extent to sue. This is just an additional measure for the victim if theyre identified as such, and its really boilerplate language in antidiscrimination law to allow someone who has been discriminated against to sue. Commissioner zouzounis okay. And just a similar question i brought up also with the gender gap legislation, and its unfortunate that theres always, like, third parties that exploit this kind of important protection, so, is there any language or any any safety for, you know to preclude a situation where a lawyer a predatory type of lawyer would try to come in anden trap people tha and entrap people where they would have a legitimate place to sue, and i think the way the gender gap addressed that, they took out the third party. It has to be the applicant directly. Ours says applicant directly. It doesnt say a third party. Commissioner zouzounis okay. Coal. Any other questions . Sk just the private right to sue, does it exist under the state law . It does. So what we dont know today is whether the penalties are higher at the county level, and what i would like to know of course, as advocates of Small Business, not my opinion about the law, having higher penalties in this county compared to other surrounding counties or the state is a concern to us every time legislation comes before us. I i would like to know whether the penalties are higher in in our county, and if so, why . Why would we pe l penalize our businesses, especially our businesses with five employees . That is the question im presenting to you, and im hoping you would present it next time, if there is a next time. Well, just to be clear, we models that section of the amendment after los angeles which is using the same penalty structure, and again, we have the protection of it having to be found as a violation, and its up to 500. Its not an outright payout, but there has to not a full investigatibe a t a person was discriminated against because of their conviction history. Commissioner ortizcartagena. Commissioner ortizcartagena i just want to actually just thank you, your office, you and supervisor cohen. I appreciate it. You really understood. You understand the constituency behind this, and me being formerly incarcerated, you guys truly understand what this is about, and this is pretty awesome. Seriously, for what theyve done. Theyve really listened to the constituency, so i just want to say thank you. Thank you. Commissioner ortizcartagena thank you. Thank you, and i will take that warm response back to the supervisor, but at the end of the day, we want to introduce something that all parties are aware of the changes, and what the goal is is to widen the workforce, give people an opportunity to have retirement benefits, health benefits, and access to the things that keep our streets safe, that keep our citys employment numbers up and that, you know, push back against recidivism, people folks from putting themselves in situations that might put them back in jails. Good goals. All right. If theres no other comments, well open it up for Public Comment. Oh, i can wait till after Public Comment. President dwight do we have any members of the public who would like to comment on this item . Seeing none, Public Comment is closed. Any other comments . So commissioners, while this may not be a recommended amendment to the legislation, but in terms of the Commission Staff writing a response that gets forwarded to the board of supervisors, youre certainly welcome to add an additional statement that says, you know, we want to ensure that our Small Businesses, those between, you know, five and 20, are adequately outreached. Were applying more and more sort of legislation onto osc, and so just to ensure that theres Adequate Funding to ensure adequate outreach and budget time, so you can kind of make that recommendation to the board of supervisors to consider that. President dwight yeah, and i think also that asking that the penalty about no more than that which is mandated by the state so that were not being extra punitive when it comes to that. Commissioner toursarkissian considering the examples that our president gave, if a Small Business introduces 10 potential employees and potentially be facing 5,000, some Small Businesses can go bellyup. I mean, it can add up, so i think these issues i think we need to kind of think it through because as a Small Business commission, we are also in charge of preserving the employment sources. Not only employing people, you need businesses around to employ people, so obviously, that aspect should be brought up, brought home as to the penalties, and they should not be higher than what our state provides, in my opinion. Right. President dwight right. Commissioner toursarkissian so i would like that to be brought up. President dwight in general, i favor harmonnizing with state law so were not at odds with it, so the objective is to harmonize with state law. And just to be clear on the fees, its not a hard 500, its up to. President dwight so its just a determination of all correct. Commissioner ortizcartagena its the spirit, but its not black and white, like, youre not going to get fined. President dwight maybe our office could contact our director and just put us at ease that the fines are the same, and if not, let us know. Id be happy to do that. President dwight cool. I dont think we need to unless you want to make a recommendation. Is this a motion . Its an action item. Commissioner ortizcartagena so ill make a motion, and and ill go with this, as long as we find, too, that the fees are the same as the state. In addition to making sure that theres funding allotted to outreach. So as we normally would word it, that youre recommending approval under the condition that the fees lineup. Yeah, and that theres ample outrea outreach. Commissioner toursarkissian considering the purpose behind it is compliance, not in sinking Small Businesses, so not only the fee should not be penallizing more businesses in the small, making sure that were busy making money and not go into how their application forms are drafts so that during the six month period, businesses can comply and not have to face penalties, whether 100, 200, 500, 1,000, or thousands of dollars, so thats the logic in my opinion, and in that spirit, i would be voting. Without question, we do not want to sink any Small Businesses. Okay. We have a motion. President dwight we have a motion, do we have a second . What was your motion, again . I move that we approve this, as long as the fees are the same as the state, and that theres funds, and theres adequate outreach to Small Businesses. Commissioner riley i second. President dwight ok clerk so we have a motion by commissioner yee and seconded. [ roll call. ] how long have you been with the Supervisors Office . Itll be a year by the end of this month. Oh, congratulations. Thanks so much. Thanks for coming to see us tonight. Oh, im not done. Lets move onto the next item. Item number 5, brittnis going to present the equity amendments that supervisor cohen had sponsored and any other amendments that you might want to review, and you might want to go through the onces thonces ones that she introduced, so can we call items 5 and 6 together, since brittnis going to present what the supervisors have done and million those are land use, as well. President dwight yes, please. Clerk item 5, board of supervisors file 10102, regulation of cannabis businesses, ordinance amending the business and tax regulations, health and police codes to comprehensively regulate commercial activities relating to the cultivation, manufacture, distribution, testing, sale, and delivery of medicinal and adult use cannabis. Discussion and possible action item. Item 6 a, board of supervisors file number 171041, planning code cannabis regulation. Ordinance amending the planning code to regulate cannabis land uses, and item 6b, board of supervisors file number 171187, planning code, cannabis regulation, ordinance amending the planning code identical to item 6a, with the addition of the following number 6, limit the number of medical cannabis dispensaries and Cannabis Retail uses in various neighborhood commercial districts and other commercial corridors. Number 7, allow Medicinal Cannabis medical cannabis dispensaries and medicinal Cannabis Retail uses with additional authorization south of lincoln way and west of sunset boulevard, and number 8, prohibit medical cannabis dispensaries and Cannabis Retail uses in the mixed chinatown retail district. Discussion and possible action item. The presenter is brittni chacuata, legislative aide, supervisor malia cohen. I think you practiced. Clerk i did. Thank you again for letting me discuss this item. So as you all are aware, on september 26th, the city dr introduced its proposed regulations for cannabis operations in San Francisco, and i just want to begin by truly thanking the Small Business commission for your really in depth discussion, your comprehensive package that came out of this commission, detailing which items you supported, and what you had question questions on, and what you had recommendations for. That was extremely helpful, and on behalf of the supervisor, i appreciate you all for taking the time to dive deeply into this legislation and really embrace your siblings in the Small Business struggle who are now selling a legal commodity and just want to get online and do what voters have approved, so thank you. Thank you. So to begin, supervisor cohen introduced anecwhi equit permit proposal that outlined some provisions on who would be considered an equity operators. If you remember in the original legislation, it says no permits would be approved until we first defined equity crate real esta estate criteria, and after much discussion about what that met in the initial legislation, the supervisor proposed a program, but just to be clear, this is really intended to help those that were disproportionately affected by the failed drug war, so the equity that the supervisor proposed is stating that between 1971 this is the criteria to be anecwhich t equ operator, so between 1971 and 2009, youve lived in a low income census track. So 1971 is the year that nixon announced the war on drugs, and 2009 is the year of a few things, so one, marijuana, cannabis was decriminalized by mda kamala harris, so it was decriminalized, and after that, you see a number of precrpitips drops in that. In 2009, that number goes down to. 7 of the black population in San Francisco, and the number for the other races fell by 85 , but it was cannabis arrests that were really drive those arrests and disparities. Where also in 2009, seeing an kp exodus of low income peoples from San Francisco, and then, for the census tracks, our office got census tracks back to 1970, and essentially aggregated priority tracks that had a consistent federal a consistent number of
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