The public and would like to speak for Public Comment, i will call Public Comment. Please come up to the microphone, introduce yourself at that time and then state your comment. We also have speaker cards at the very front if you would like to get them in the cue earlier than that. Finally, hand them to the staff who will hand them to me. Finally, thank you for sfgov who airs this every time we gather. Paragraph paragraph clerk please do a roll call. Clerk roll roll. Our first item is for general Public Comment, this is for my business pertaining to the San FranciscoEntertainment Commission that you do not see on the public agenda. Is there any Public Comment . All right. Seeing no Public Comment, Public Comment is closed. Number 2, i think youre here for it all tonight, a hearing to suspend permit ec1216, place of entertainment, issued to jose escolero, dbu, la oficina. Please just know if you are here and a member of the public and would like to speak to this issue, i will call for Public Comment. If you are a witness, you will be called at that time, as well. So this hearing and possible action to suspend permit number ec1216, place of Entertainment Permit, issued to jose escolero, doing business as la oficina, 4234 mission street, San Francisco, california, this is a meeting thats convened to administrative code chapter 90 and related provisions of the San Francisco police code, Administration Code 90. 4 c provides that the commission may suspend, revoke or withdraw Entertainment Permits in accordance with the regulations and laws governing such perm s permits. [ inaudible ] after a notice after a noticed public hearing, which is what were having tonight, if its determined that any of the codes specific conditions exist. Section 1070. 17 of police code provides for a suspension of an extended hours premises permit. The current matter is set for hearing based on a complaint filed by the acting director against permit holder jose escolero, doing business as la oficina, on october 3rd, 2017, which alleges violations of police code sections 1060. 20, and 1070. 17. As provided by the administrative code, section 90. 4, and police code sections 1060. 2 and 1070. 17, and related laws and rules, we will conduct this hearing to provide the permit holder with due process. Well fully consider the evidence provided by the charging party, and by the permit holder, and fulfill our responsibilities in a fair and kbos impartial manner. All right. So i will introduce the participants. So can we have the charging party please come up to the microphone, and please just introduce yourself, your name, and who you represent. Is this my Opening Statement . Its not your Opening Statement. Just introduce yourself. Acting director maggie weiland, representing the Entertainment Commission department. President tan great. Thank you very much. And now, can the permit holder please rise and come up to the microphone, or the representative. Good afternoon. This is susan f. Reyes. Im representing la oficina and mr. Escolero. President tan all right. And is mr. Escolero here today . Yes, he is. President tan so we know who the parties are. Before we get started with the presentation and the hearings, wed like to open this up for Public Comment. So if there is any Public Comment on this item, now is your chance to speak. So i see one person. The way well do this can i just see a raise of hands, how many people would like to do Public Comment this evening on this issue . Theres a couple . Okay. Why dont you come on up and speak. Please introduce yourself, your name, and youll have two minutes. Okay. My name is ronald, and i live at 4204 mission street, right next to la oficina. You know, like for the past you know, ive been living there for the past three or four years, and we always have problems after 2 00 in the morning. Sometime, we have to wake up early in the mornings, but on the weekend, it gets a lot of crazy, because a lot of drunk people coming out of there. Sometimes they get into a fight, and they woebt let you sleep. Theres been cases that my wife have called the police maybe three or four times already. And its always it hasnt changed and its always going to be the same, i guess. I mean, once people get drunk, so its going to its going to go to violence, what happened to my friend, too, so, i just want you guys to consider, you know, what we are for, and thats it. Thank you. President tan thank you very much. I know there you wanted to speak, too . Why dont you come up to the microphone and join the Public Comment. Good evenings. My name is sandra calzada, and i live in San Francisco, and im from the excelsior district, and the reason why im here to say is speak about la oficina. The only thing i can say about that place is im very upset. I dont know if disgusted would be the right word about the security that they had. It was horrible. Cameras theres no cameras, or just because of what happened to my friend, like ronald mentioned. Drugs involved i do have kids in the community, you know, and sometimes its horrible when something happens in the excelsior district, and it can take hours for us to have either a Police Officer or whatnot, you know, to help us out. Now, what happened at la oficina that day was just something horrible. Now, were scared to even go out and have a drink at a bar because of what happened to him, so were just here because we want justice and we think that place should just not be open. It just shouldnt. Thats all. Thank you. President tan thank you. Is there any additional Public Comment tonight . Sure. [ inaudible ] president tan for translation . [ inaudible ] president tan so youll probably just have to go back and forth between the microphone. [ speaking Foreign Language ] good evening. My name is nora cancon, and i live in the district. The reason why im here is to propose that the bar, la cantina ha cantina, have its permit revoked. [ speaking Foreign Language ] the reason why im here is because this happened in the excelsior district, and even though i live in a different district, this affects our community and the people that live in it. [ speaking Foreign Language ] and the world knows that the man that killed this young man, alvaro, did it unjustly. [ speaking Foreign Language ] just think about it. It could its anyone right now, but if this happened to your child or someone from your community, you would feel much different about it. [ speaking Foreign Language ] and i demand justice today. I think that place should not be open, and it should be closed. Thank you. President tan thank you. Is there any final Public Comment . All right. Seeing none, Public Comment is now closed. Im going to go over the procedures of how this hearing would work oh, [ inaudible ] president tan thats true. Could you help just announce that Public Comment is available. So i will. [ speaking Foreign Language ] president tan okay. [ inaudible ] president tan okay. Ill open up Public Comment. I think theres some misunderstanding, so go ahead. [ speaking Foreign Language ] good evening. My name is elisa ramirez. [ speaking Foreign Language ] im here to support the community of district 11, to have a Better Community and a community thats cleaner. [ speaking Foreign Language ] we want businesses that are appropriate and adhere to the appropriate laws. [ speaking Foreign Language ] that they dont just that they dont distribute drugs, and theyre not related, also, with fights, tragedies, and car breakins. [ speaking Foreign Language ] a bar owner that is respectful of loss of life in the community. [ speaking Foreign Language ] a person that respects the pain of others and respects the community, not just the not just the laws that apply to the establishment. [ speaking Foreign Language ] unfortunately, for the last meeting that was cancelled, we had a lot of people that were determined to come. I collected a lot of signatures in the streets in district 11. [ approximating forei [ speaking Foreign Language ] i will continue to keep fighting for my community, as well as the persons that are here. President tan okay. Sorry, but your time is up. Okay. Thank you. President tan okay. Public comment is still open, so if anyone would like to come up, please do. Good evening. My name is ricardo. Im here because whats as youre aware, we lost a friend, a husband, a father, a member of the community about six months ago, but thats not the main reason why were here, because thats weve already taken care of that in a Different Court courtroom. The reason why im here is because i actually i grew up in the excelsior district. I lived in the excelsior district for many years. I graduated from balboa high school. I mean, that was my neighborhood. It was actually also my friends neighborhood, and most of us. Before this happened cause i dont live in San Francisco anymore, but i lived there for many years. I wasnt even aware of this place, but because of this tragedy, we found out different stuff that was going on. First of all, how do you have a bar without a stewaecurity cam a place where theres always five drunk people, and without security camera, how is that even legal . The person that was working there, the bouncer or the Security Guard, was actually getting paid under the table. Thats another illegal stuff. And he was caught with drugs, and after this happened, were being hearing from the community, that thats actually the place to go get drugs. If you want to get any type of drugs, thats the place to go. And thats a known fact from the community, and Something Like that shouldnt be open to the community because, like, were saying, we have i had cahad kids growing up in the community, and its not a safe its not even an entertainment place anymore, so i know my time is up. Im looking at the clock, so thank you very much. President tan thank you. Anymore Public Comment . If theres no more Public Comment, well move on with the hearing. I dont see anyone that is wants to speak at this time. Okay. Public comment will be closed now. [ gavel ]. President tan im going to go over how this proceeding will work. So the hearing will be conducted as follows each party may represent an Opening Statement or may present an Opening Statement. First, the charging party, so miss weiland, and then, the permit holder, mr. He is could letan owe. Each party will call its witnesses one at a time for direct examination. Ill swear them in, and the opposing party may crossexamination ea exami. The party who called the witness may ask further questions of the witness on redirect examination. The charging party may then present rebuttal evidence. The charging party may present a Closing Argument, followed by a Closing Argument from the permit holder. The charging party may then present a rebuttal argue. The case will then be submitted to the commission so all of us up here tonight for any discussion and verdicted. I may ask questions of the witnesses or the Party Representatives at any time, and i may invite other members of the commission to also ask questions, so commissioners, please, just ill look around, and just grab my attention. As stated in the commissions october 13th, 2017 to the parties, a mcmaximum time of 45 minutes of total hearing time has been allocated for each party in the evidentiary phase of this hearing, so it can go up to an hour and a half in toting, plus an additional five minutes for rebuttal argument by the charging party because it bears the burden of proof in this matter. Please note that this is a maximum, and that a party may of course use less time. The time will run when a party is presenting argument or examining or crossexamining a witness. On exhibits, in order to ensure that we have a clear administrative record, the parties should mark all exhibits they intend to offer as evidence. We have received from the charging party a total a prehearing statements and exhibits a through j. Weve also received from the permit holder a prehearing statement and exhibits 1 through 4. Couple additional rules i want to remind parties the parties of a few rules contains in the commission kaerz procedural rules that we adopted in order to ensure due process in quasi judicial hears like this one, so Commission Rule 12 states that when a Commission Deliberates and decides a case, the Commission Shall consider only the evidence introduced in the record and material facts, of which the president takes official notice. Commission rule 14 prohibits exparte communications, which means that the communications are prohibited between members of the commission and any person or party on any fact at issue unless upon notice and opportunity for all parties to participate. Does either Party Request modification of the hearing procedures at this time . Okay. I dont see any requests. All right. Were going to go ahead and start this hearing, then. So as i stated earlier, were going to start with the charging party, so miss weiland of the Entertainment Commission, you can come on up and please present your Opening Statement. The clock should start now, crystal wyomi cryst crystal [ inaudible ] in addition to the shooting, the permitee has not complied with his original permit conditions or his revised security plan when asked. La oficina has not been a Good Neighbor, has caused harm to the health and safety of the community, and has been a strain on city services. That is why we are here today. Ladies and gentlemen of the Entertainment Commission, this evening, i ask you to hold the permitee responsible for the conduct that took place at the premises of la oficina for the permitees failure to comply with his permit conditions, and for his failure to comply with his revised security plan, all of which comply with suspending la oficinas permilt. Tonight youll hear from investigatoron burke who will explain his timeline of enforcement at the venue, including issuing a citation for noncompliance of including after the shooting took place. He will also speak about meeting with the permit 2k4rd ee, and ultimately his visit to la oficina, finding them out of compliance with their agreed upon revised security plan. You will also hear from captain Joseph Mcfadden from the San FranciscoPolice Department. Captain mcfadden was captain of the i think will singleside pr the tenure of la oficina. Finally, you will hear from supervisor ahsha safai, who will discuss concerns of the community in regards to la oficina. After you have heard all of this evidence, i will respectfully request that you suspend la oficinas place of Entertainment Permit for the maximum period allowed under the San Francisco police code. Thank you so much for your time and attention. President tan thank you. All right. For the permit holder, its now your opportunity to present your Opening Statement. The reason why were here today is because director weiland suspended the entertainment license of la oficina on september 13th, 2017. The suspension was based on grounds that the permitee, the employee, and dash, employee, engaged in conduct that violated San Francisco police code sections 1061020, 1070. 3. The complaint filed by the director does not have specific facts, as to how those violations that i just stated are supported. First of all, nowhere in the complaint is it specified how all those code sections in that complaint have been violated. There has not been direct evidence at all as to how a code section is violated. Usually, you need to have facts. Fact, not jus, not jus law. You need to apply the facts to the law or the law to the facts. On november 3rd, 2017, mr. Escolero filed his prehearing statement. On that same day, the director filed an amended prehearing statement with new exhibits; specifically, exhibit a, she added several exhibits to that exhibit number. The first exhibit in that in exhibit a is a document called criminal complaint arrest warrant. We dont know whether t