This present difficulties as people stand around the ada, the ramp by the theatre. They have not complied with the sound restrictions already required by the temporary permit and not in compliance with several liquor law restrictions related to sound and loitering. We are concerned that is the sup is violated president fong your time is up. we just want everybody to enjoy their experience of sundance cinema. President fong next speaker please. my name is Martin Feinman the attorney for sundance kabuki cinemas, one of the businesses next door to the paina loung. Sundance with other businesses have been trying to work through various problems created by paina. Which we have not been able to resolve. Ms. Spoke about the noise bleed issue as well as the need for quiet environment in which to enjoy movies. And other immediate neighbor is his venerable kabuki hot springs and spa which obviously needs a tranquil environment for its patrons. The sound problem has occurred since paina has had Live Performances. S sundance has had to give numbers refunds. This is a real issue for sundance and other businesses. And i want to comment briefly on the report, the supposed sound report that the project sponsor submitted. I want to stress what it is and what it isnt. From the very beginning that the project sponsor promised that they would bring us and consultant to make recommendations about noise abatement and containment, we still dont have that. What we have is a report that you have not received. We welcomed the consultants. Instead we have a report that you now have. Is asking for permission to go 20 decibels or more above the nubmer that the inspector for the Entertainment Commission has established. That is not responsible; that is not working to try to abate the noise. They want the ability to go higher. Consider also the citations that paina has already received. Look at the citations. It paints a dangerous picture about the fact that paina is already in violation of the liquor license, of the Entertainment Commission. President fong next speaker please. and kathy nelson, director of the kabuki spa. I agree with everything that nancy and mr. Feinman have said. I will also say in their favor that every time we called in the last several months, they have taking care of it. That is where i am at. I feel like i dont know but thanks. left and the commissioners my name is lenny san jose, an ukulele performer and a teacher the performing arts. Im here to support paina in several ways. I know how hard it is to find a great venue that is welcoming, friendly, that a professional stage and also all ages. Being a teacher i want to invite students to perform on stage with me. I want to make sure that is a familyfriendly venue paina is all those things. They are an asset to the community. The bring local acts, acts from hawaii. Personally i use to not spend that much time in japantown; not that i am acquainted with the area and perform regularly i know what a nice place it is. Paina is a positive venue for this area. As a performer, as a teacher is a large benefit. It is a flagship for hawaiian acts. Paina is a wonderful place to meet and to continue this cultural dialogue. Thank you. President fong thank you. Ricardo avalos, brendan blackmon, caroline alexander. Michael burke. Lindsay grayson. Samantha chang. good afternoon members of the commission. My name is Ricardo Avalos also known as a drag peformer. I am in support of the permit for lots of reasons; i am also a performer. I havent really been part of the community in japantown before i was performing. It is amazing what they are doing. As a gay person and a drag queen, i feel welcome. And contributes to the diversity in japantown. I am also patron, good food. We contributed to a culture of artists, a growing culture of artists surrounding paina lounge. Bringing back the artistic soul. Im privileged to be a part of that and to have built a relationship with paina lounge. On top of the growing culture of artists surrounding the loung and the fillmore district, the performers coming in to paina lounge share the entrepreneurial spirit that the owners have shown be example. We are gone by 10 oclock. It is bittersweet that we cannot hang around longer. There are places in San Francisco where i dont feel comfortable going as a performer. I want to make sure that paina doesnt get in trouble or develops a better petition because of people hanging out in front of its door. Admire the policy of the owners, something i dont take lightly. I enjoy the space and the food and the stage is amazing. Allowed performers have grown because of this. I thank you for your time. good afternoon commissioners. My name is brandon black. I am also a drag performer and an employee of paina long on the weekends. Its not just music, they have plays, the africanamerican community, i have seen so many different acts; they give lower level entertainers the opportunity to perform and make money. People can grow the community at. I never was in japantown. We have a designated smoking area in the back. It is not a nightclub. It is an dinner show type of thing and i definitely think they should have the permit. Thank you. President fong next speaker. i am samantha. I am one of the owners, booking all performers at paina. I am only 23 years old and given the opportunity by my dad to run this business. It hurts to see that we have to go through all this to get an entertainment license. I have the networking with the bands in hawaii. I want to give everyone the opportunity to perform. I have been a hula dancer for 16 years, totally involved in the polynesian culture. Sorry i am nervous. My mom passed away six years ago; she was a Costume Designer for my hula group. There have been a lot of complaints that were a club. We are not a club. We might look like one. We have a dinner show. We are not here to prove cause any problems. We want people to enjoy food and drinks and Live Performance without paying a door cover. We have been in business for 10 months now. At 10 oclock our customers leave. We are open on the weekend until one a. M. , friday and saturday. Customers complain. Why do you have a stage if we dont have performance . We have explained that we are going to the entertainment license, and cannot have performances past 10. I hope that you can consider as for a full entertainment license. Thank you. President fong thank you. good afternoon. My name is caroline alexander. I live at 1846 post, the golden gate apartments. And a community activist. I am an advocate, and organizer, pacific engager in the community. I grew up in the communitybased on the parents teaching us to be involved in the community. I have seen quite a number of businesses across the street at the address in question, 1865 post street. When i noticed that paina was being built i took a special interest and i continued to observe and watch. I was impressed. I found out that jim knew my mother and father and worked at a plumbing store, and i used to go there as a little girl to get my nuts and bolts and always had long conversations with jim. That gave inspiration to go in. I met everybody. I was totally impressed to see that it was gutted out from post to gary street, unbelievable. The work done in design and displays not to mention the lighting, structure, set up, stage entrance to the front door, harmony that is there. Menu, restaurant, the food, entertainment everything impressed me. My brother is a jazz musician that has played all over San Francisco and all over filmore. I asked how can i help. I gathered Community Bands from the farmers market; i asked if i could bring the bands in, i did a series of jazz sessions; the music was soft and silky; my mother had her 78th birthday there. I have been there since day 1. I gather 71 signatures saying that we have not been disturbed by them. Im here today for a victory. I hope that you guys grant it. President fong thank you very much. Next speaker please. good afternoon. My name is lindsay grayson, i represent kabuki center and veritas property management. Im here to express my concerns. As of today both the cinema and spa have had to give repeated refunds; we are concerned with the amount of money; our greatest concern is being unable to measure. Additional soundproofing needs to be done in the paina loung; live music and performances have to stop until the proper measures are taken. The businesses depend on the diesel and quiet environment in order to be successful in a loud music will kill the cinema and spa. President fong charles salter, sandy mori, robert my name is michael burke, i represent the owners of the kabuki building. I could not quite figure out why we were here until ms. Lamarina straightening out this morning. Interestingly enough paina loung can continue to operate under its Live Performance permit exactly as it has today provided that they comply with the conditions imposed on them but the Entertainment Commission. They have not done so. All you have to do is read the inspector report to realize how combative they were and they were quite willing to operate 20 decibels above the limitations imposed. The reason and they continue to operate because their operation under the llp permit is as an accessory use. They do not need a permit from you. They here today to ask you to grant a conditional use permit for other entertainment so they can take it back to the Entertainment Commission and ask them for a place of entertainment permit. We hear over and over again that they are not a nightclub. The only reason they are here today is to set the stage to become a nightclub. You have a substantial responsibility. As you heard from the Entertainment Commission representatives, they have a shall grant requirement on them under the Police Provisions of control wha they do. You dont. Unless you find that the proposed use is desirableand compatible with the neighborhood. That is not the case here. We have a record of complaints that pointed out in my letter. The most recent in late january. The noise study they submitted is totally irrelevant. As a matter of fact mr. Told us that 2909 e doesnt apply. What applies is what he decides is appropriate noise level. I recommend that you tell the paina loung that you will not grant a conditional use today. That they should conduct a thorough study and come back to you and prove to you that they can comply. President fong thank you. my name is charles and acoustical engineer. I have been dealing with noise issues in the city of San Francisco last 40 years; prior to the Entertainment Commission being established and met with and had an understanding how to allow entertainment without disturbing neighbors. We developed a winwin scenario. It has been carried forward, and that is following the process. One, the place of entertainment does as much soundproofing as is warranted and affordable. Some of the clubs in San Francisco as you know have done enormous levels of soundproofing and other clubs have done slight levels. Depending on the kind of Entertainment Music and the time of day, the operation of the club will control the noise emissions and not bother the neighbors. It is a step one, step two process. In my role in this project i was asked to review the acoustical report written by mr. Bellini who testified a while ago. In his report i believe he made a mistake. It is important that you understand that in my professional opinion the way i understand this report it should not be relied on because i believe it is flawed. I would be glad to go into detail about the flaw. On page 3 for example it explains how the noise and the club was increased by six decibels. And that the noise in the theater was only increased by two decibels. In my understanding about acoustics, if you have a signal increased by six, above the ambient, then it should be increased by six and mr. Bellini talks about two decibel change, and the 94 decibel still complies. I believe the report is flawed. Some of the standards are not in compliance with the San Francisco ordinance. Thank you for your time. president fong and commissioners. I am Bob Yamaguchi of the japan task force. Im concerned with the application by paina for the conditional use of entertainment with amplified music. At this time i cannot support the conditional use. I continue to support the original hawaiian themed restaurant dinner club in payment. I am impressed with the effort that they have made but the citations concern me. 00 it would appear to me that there will be continued negative impact on the theater patrons. Thank you for your consideration. I hope that you will require adequate conditions and parameters to make sure this business would not be a nuisance to surrounding neighbors. Thank you president fong, numbers of the commission. My name is sandy morray sounds like im here to ask you to deny this conditional use. Originally many of us in the community were very supportive of the restaurant with hawaiian music as entertainment on the side. We felt this was very appropriate for the neighborhood. Since then we have had all the things that already; frankly we are concerned that if you grant this cu the bad behavior will continue. The impact of the nextdoor, the sundance kabuki theatre will be tremendous. We have work with whoever is in the kabuki area since the redevelopment days whether national breymar who owned it; then it became amc which created an eight section movie theater; then and now of which sundance is a lessee. We have worked with every single lessee to make this a destination point for moviegoers to come to the theater and of course enjoy parts of japan town. This particular business, sundance kabuki is a Major Economic engine for japantown. We dont want to jeopardize that particular business. For 20 years we have been trying to revitalize what we have left; we are only one of three remaining j towns in america; we are trying to preserve what we have left and promote economic development. Is a key for japantown. Some of the things i want to raise in terms of my concerns is, and he had reason letters of support from communitybased organizations, or communitybased leaders . I have had a couple of musicians come up to me and say that they got stiffed at the restaurant after they played. I know you are getting all kinds of information. I really think that you should seriously consider denying the cu at this time. President fong an additional Public Comment . Youre only allowed to speak one time. Public comment is closed. Commissioner antonini. Commissioner antonini i share the concerns to promote a business; the concerns about noise bleed. As has been pointed out accurately we have an operation already in place as accessory entertainment