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 BusinessCommission 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,