Cause on the resdidnts to be 45. It net got up to 47. This is an issue in that area. I was saying i think there are some things he could do to satisfy the commission. He should be given the opportunity. In the least, you know, maybe you guys should consider laxing the conditions pending whatever work that you want. Then go from there. Thanks. Thank you. Any other Public Comment . Public comment is closed. This item. Commissioners so we have a request to lift the midnight limitation, there are a number offing requests the they are in complining with the compliance with the sound study. The neighbor notification hasnt reached all of the neighbors at least. We can lift this now, we can table this until the january meeting and ask for Additional Information in writing. What is your pleasure, commissioners . Where would you like to go with this . I would like to table it until january. I agree with the comments of the commissioner that there is not enough documentation. It is disturbing to hear the neighbors have not been notified properly. I dont think there is a decision i would be comfortable making. There is a lot of he said and they said in the room tonight. I would like to have the other commissioners to hear and see the documents. In general, again, i would like to have the documentation, i would like to hear from the independent thirdparty on the issues or maybe not. Having them in complains until midnight, when they are in full operation it could be a different story. I am afraid the building is not solid enough. I really need to see the data and i would like them to show the data to the neighbors to let them know they are doing everything they can to mitigate the sound noise. That protects them. That protects bennett as well because obviously the conversation in the last five or six years has been, yes, i will do this and yes, i have and we are waiting for items to be approved. In the hearing in july he was still waiting for things to be approved. With more data i can change my mind. I would like to table it as well could you be more specific. Are you looking for the sound mitigation or notification to the neighbors in writing . What would you like . Number one, a letter of recommendations from an independent sound person. That addresses maybe the room in the back, where the thumping noise or whatever is bothering or maybe there is no problem. Maybe they are in complains. At least for the record i would like to see that. If they are making any recommendations to fix it, to mitigate it, i would like to see a contractor like we did, a contractor addressing what it takes to do this. This is similar to hal c. E. O. Ns case. I dont want hue to be different. They are having issues after they fixed the sound. There is only so much we can do. I am looking for data from an independent sound engineer. If there are recommendations for fixing, i would like to see a contractor or whoever they went to hire to do the sheetrocking and when it is going to be finished. The plan to do the work and whatever needs to be approved, get it approve. Go to the land lord and say i need these things approved and show me the response or dont show me. It is up to you to provide us with the data to support your change. Another issue is the plan for increased security. The plan for increased security. I didnt hear that. The plan for increased security. All of those other conditions were met before. I dont think there is a problem with that part. Once we get over this part then we will redo the conditions. He is coming back in january with documentation around the plans. I thinked needs to be clear that we want you accountable to when we are asking you to communicate to the neighbors and to the Police Department and have that in writing. Thank you. Did you have a comment beyond the sound level the other issue is the management or mismanagement of the venue. I am very concerned about the photo from the newspaper that he showed of people drinking out of the bottle when they are to manage that. The management of the bar i think is the other issue that needs addressed just to be clear that is not part of the conditions that we had placed. I think that could be part of the well the security. Something with the security and the bar service. Wasnt that part of the condition . All right. So there is a proposal to table this item until the next meeting in january, the january Commission Meeting. I am trying to make sure we have clarity for the permit holder on what the expectations are at that point. It sounds like the expectations are to have in writing for us the sound assessment, the specific plans in place including any contract or plans for modifications and copies of the notification to neighbors, documentation to neighbors. Is that accurate, commissioners . To be clear they have been found to be in compliance in the sound at this point by the inspector. They are not out of compliance on the sound issue if they can address the Bottle Service issue is that accurate, commissioners . I have no problems changing it. When they are in full operation, it is a different story. All right. So that was a motion to table this. I want to kind every it rate so it is clear. You are continuing this item to january 16th hearing and asking that the permittee provide a letter of recommendation from an independent sound expert other Company Including data and sound mitigation plan and providing copies of the sound mitigation plan to neighbors and providing that documentation to us. One documentation in writing of how they have met the condition regarding security. May i ask a question . Not at this point. Sorry. I mean i am fine with it. I think he does on the security part. I second the motion. We have a motion to continue this made and seconded. roll call i want to say thank you to the venue where i mean we are hearing you are in compliance on the sound and it wasnt encouraging to hear from the Police Department and we look forward to resolving this at the january meeting. Thank you. Thank you to members of the community that came out on this item. Thank you. There is a request for we would like to reconteen the Entertainment Commission meeting. Thank you for the recess. Next item up is item number 9 which i will read. Item number 10. Consideration and possible adoption of proposed findings and determination in conjunction with the previously announced decision in the matter of a complaint against jose escolaro dba lao if i seennas place of Entertainment Permit ec1216 that included imposition of a 30day suspension. We voted on that at the last Commission Meeting and at this meeting we need to adopt the findings and set the date for the begin of the suspension. Assuming that we adopt the findings. How we are going to have this each both the Commission Director and the oficina representative each have three minutes to present their position regarding the findings. We have the draft findings from the City Attorneys office, and then we will hear Public Comment. Then we will hopefully adopt or not adopt one of the findings. One of the draft findings. With that director wyland. Thehello, commissioners, i dt have anything formal. I am looking at my proposed findings. If you have any questions please let me know. Basically, it is kind every it rating what we heard at our suspension hearing. Lets go through. The Entertainment Commission found the permittee or an agent or employee failed to comply with the revised security plan as required by section 1060. 32 of the police code specifically pursuant to inspector burkes inspection on october 6 o sixth. The four conditions listed more thoroughly in the proposed findings i gave to you. Secondly the Commission Found that permittee or employer agent of permittee engaged in conduct or in connection with the operation that would constitute a violation of Police Code Section 1060. 20. 1a3a. Specifically, jose sanchez who was the Security Guard for laoficina engaged in conduct on the premise and in the operation that would constitute a violation of the following laws, assault and battery and discharging firearm and unlawful weapons. They found the permittee or agent or employee failed to comply with the condition placed on the permit. Specifically pursuant to inspector burkes friday september 1st inspection. They failed to come play with the following comply with the conditions. There are six you will see in the findings. Based on those findings the commission determines that the appropriate penalty for the violations would be a 30day suspension. Let me know if there is anything else you need from me. No, that is good. Good evening, commissioners, i went through the initial proposed findings and decision and made objections to them. I have received a new one. It appears to be fine. I cant change what the commission decided. I certainly there is no time to argue about that. However, i want to include that we actually continued the hearing on this document just so that we can be within the next hearing or the history of what happened here. Other than that, i dont have any more objections. However, i do want to let the commission know that lao if i lt an email stating regarding the calendar they were not going to do any calendaring of anything until this issue was resolved. In essence, they have not done anything since the initial letter of the complaint was sent. I am requesting on behalf of laoficina that the 30day suspension be retroactive and therefore it could give them time now to start with their entertainment license again and kind of starting new at this point and take it from there. That is my suggestion and that is what i am requesting on their behalf. Thank you. Any Public Comment on this item . Everyone is welcome to make comment and two minutes per person, please. I am eva. I live in San Francisco. I live in district 11 and i am concerned about the said safety of this neighborhood. I have been here for the last courts and her how irresponsible the owner of a bar can be that has led to someone being shot on the premises. I believe that i just want to say that i stand with the 30day suspension and we really look at this matter. It wasnt only somebodys life but it could be somebody elses life. I hear stand for my community to say that i just disagree with the irresponsibility of, you know, of owning a license and not taking care of that. There is a lot of bars that abide by the laws. I believe that just for that matter that a 30day suspension will be perfect because he hasnt abided by the laws or rules of owning and having a license for this bar. Thank you. Next. Good evening. I am sandra. I am from district 11. I would say the same thing eva said. The only difference is that we did what miss you know a couple people going to the bar. They were beyond drunk and like she said, they were superirresponsible. They would still let the people inside the bar. You guys showed a newspaper earlier about somebody drowning i dont know what it was. The day somebody got killed that same day somebody tried to go into there but he was i want to say intoxicated. I think that is just something horrible that should not be. It is irresponsibility from the owner. I am here to say i would want it to be closed or i am here to support the 30day suspension. Thank you. Any further comment . Hello. Good evening commissioners. Legislative aid to supervisor in the district 11. I am here he is in a Board Meeting to express his gratitude to each and every one of you for taking this on and state his support for the maximum allowed penalty which is a 30day suspension. If it were up to us we would have revoked the permit. I hope it makes it clear that business as usual will no longer be tolerated. We are serious about cracking down on business operators who are not Good Neighbors and dont follow the law. Prospects of suspension of 30days. Thank you for your support. We appreciate it. Thanks to the supervisor. Any other Public Comment . With that Public Comment is closed. So we have in front of us the red line version with the edit from the City Attorney. We have heard that both parties accept the set of findings and determinations here. But i need a motion to adopt the findings as drafted by the City Attorney. And a decision on when the 30day suspension will start. Is there a motion to adopt the findings. I make the motion. I would like to make the motion to adopt the findings of the City Attorney as drafted as well as imposing the 30day suspension starting tonight. Is there any reason to delay it . Retroactive . No starting tonight. My motion is to adopt the finding as drafted by the City Attorney and to start the suspension starting today. I have a question from staff. Did you speak with City Attorney on protocol for sending out the suspension notice. Whether that had to be starting tonight or if it needed to start tomorrow . Curious. Lets see. The motion should state the date the suspension will start and should also state the date the findings are being issued which can be the day today. The date of the issuance is important in terms of the business and any appeals and so on. I think we should we state the date the findings are issued today and we can also state the date when the suspension starts. Today, right . So my motion says we accept the findings starting today and that the 30day suspension will begin today. I second. Staff do we think that is consistent with what is required . I need to do homework to send the paperwork that is why i was curious. You are here and la foficina is here may i address that. In the regular court of law notices need to be mailed. Once nes are mailed that is when they become effective. That is just i am throwing that out. Right. I am sure that is probably it. We are not a court of law but we want to make sure we are doing everything above board and in accordance within. Should we have the findings start today and the my point being that it sounds like this needs to come from the commission secretary, not me since i am a party to the case. She is likely going to reach out to the City Attorney for guidance on sending the decision you guys make tonight to the permittee. It sounds like the suspension could start tonight based on your decision but the proposed findings regarding the suspension need to be sent tomorrow, for example. Do we need to amend the motion . Is that acceptable as an amendment . Yes, that is acceptable. We have a motion and second. Commissioner perez. roll call all right. Thank you. That is decided and thank you to the oficina and thank you for sitting through this long meeting. We appreciate your participation and process. We have another agenda item. I have a feeling that there may be a desire to continue it. Item 11 is the Good Neighbor policy. I know there is some interest in turning it until the next until the january meeting. Am i correct in that . Yes, would you like a motion . Yes. I would make a motion. What i have handed to you this evening is meant to be a conversation starter. I have included notes that are hard to desigh feras to suggested additions how the existing conditions could be modified and i am happy to answer questions as to where i might be headed with some of this stuff over email. I am not sure if that is something i can do. To start the conversation with you guys. I think it is high time we take a good look at this and see where we will be able to take it. I think there was some interest on the part of a couple of commissioners in forming an ad hoc work group to look at this and develop with inspector burke some language. Inspector lee sorry. I am so sorry. I have that inspector language stuck in my head. I apologize. I have done it to, i think, all of you. You are the only commissioner. I apologize. Commissioner lee, i know you have strong opinions and feelings about these issues. Would you be willing to work with inspector burke on the developing some draft language . Is there another inspector . Now, i have done it. I apologize. I will get it through my head one of these days. Commissioner, to the two of you to work with inspector not commissioner burke to develop draft language that we can look at at the next meeting building on what inspector bucker that done burke has done which is helpful and we can update and modify the language on the Good Neighbor policy. Thank you to both of you for volunteering or being volunteered, commissioners, to work on this. That is item 11. The time item then is commissioner comments and questions. Any comments and questions . Come to the party. Please come to the party those of you still watching and listening. If you havent switched over to the board of supervisors per visors meeting come to our holiday party. Would you like to announce when and where it is. For everyone of the public can come. December 19th, it is a tuesday. 5 45 p. M. At the chapel. We are going to have live music by local bands. We might have a raffle. What are we winning . You will see. I dont know. Vip experience yes commissioner. Since this is our last meeting in public, i believe. I want to take this opportunity to thank the staff. You have reduced size and working very hard. We appreciate all of the hard work you have been doing. Thank you to director wyland for holding the fort down. Thank you to inspector bucker inspector burke. Dill lopyou are a great addition to our family. I am glad we have someone for outdoor events. The project you are working on is a big monster. I know that it is going to make outdoor event producers thankful and happy that this is one document that will explain this really weird process of this different permits people have to nag gate through. Of course, to crystal thank you for your work for the commission. All right. With that the meeting is adjourned. Thank you. We are back on the record in open session. You still have a quorum. Please call the next item. Item 10 discussion on item 9 held in closed section. I move not to disclose. President turman second. On the question arent we prohibited from disclosing this no matter if we want to or not. We have to make this motion. Presiden