As i read this, thats what these words mean. I agree. Might want to go back and talk to whoever at public works drafted it. I agree. Its in the ordinance . Yeah, i mean so. Anyway. Probably none of that matters. The ordinance is different. So why is the language different between these two things brad, our City Attorney . I cant say why its different but there is an ordinance that has the same restriction its just worded differently. It says the prohicks set forth in section 4 shall on prohibition set forth in section 4 shall only apply if it has. Its hard to hear you. The code provides weve been looking at the order on mobile food facilities which is very similar to the code. The code provides the prohibition set forth in subsection 4 which is a 75set radius provision shall only apply if a restaurant has direct street access to its primary access. Very similar. The problem is the ordinance doesnt make sense. A restaurant cant have street access to its own entrance. What it means is does the public have access to the primary entrance directly from the street. Where the restaurant okay. Right. Its written in a way that doesnt make any sense. It does stem from a public works code. If i was standing at the juice bar am i more than 75 feet from this food truck . I believe so, yes. Thats all i need to know thank you. Is there any public come on this item . How many people are here for Public Comment . Vice president lazarus . A few minutes . Okay. First person, come on up. Yep exactly. You have two minutes. Thank you. Thank you for waiting. Good evening. Good evening. My name is emilio. Bay area resident. I for one think its exciting and productive when young people put together a business like this and it should be encouraged by the city, not made more difficult than it already is. I very much enjoy the hometown creamery and support their endeavors. Thank you for your time. Next speaker. Welcome. Doing great. My name is elise. Thank you. I love the hometown creamery. I live on the same block at the main place is at. I really like that they are a Small Business. I know they have really like the footprint of having a mobile food truck is not a lot of cost. It really helps. I dont know why if theyve already got the permit why it would be overturned. Its just really good for them to have a Small Business. We dont want to make it harder for Small Business folks to operate in the city. Especially downtown i think its really cool to be able to have the San Francisco hometown creamery. Its a tiny little cute little truck if you havent seen it in real life. I support ice cream and Small Business owners and i wouldnt want equinox to take that away from them. Thank you. Next speaker please. Fill out a speaker card. Thank you. Hello. Good evening. My name is vanessa. Im a San Francisco resident. And tonight gives me a whole different level of respect for everything that you are doing, given how late you have to be here. I am trying to wrap my head around everything thats been discussed. And it seems like at this point its like half of a dozen egg situation where we are splitting the difference. I would like to see that we are supporting Small Businesses and that we are allowing people in San Francisco especially nontech entrepreneurs to build their businesses and do it in a way that we are being inclusive of people in our community. It seems like we are always kind of pushing one direction and not the other. And it would be wonderful if we could create opportunities for locals to build this business and allow people in our city to have delicious ice cream. So hopefully we can consider this as an option. Thank you. Thank you. Next speaker. Thank you. Hello. My name is noah 30year resident of the San Francisco bay area. Thank you for all the work and time you have put in tonight. My second time, being here i felt a moral obligation to come not particularly happy about being here. Im sure the young gentleman and the daughter arent particularly happy to be here either. Im sure they would rather be scooping ice cream at the shop or i know they teamed up with local charities and schools to create unique flavors for Disaster Relief in the past but they are not doing any of those things right now and ultimately because of a few landlords large corporations like equinox feel threatened by a 1960s vw Ice Cream Truck. I think its absurd. I havent heard one legitimate rebuttal that passes the smell test for why this truck cant be here. So back to what some of the other folks said, i think its really about what you want in your community to look like and reflected and do you want it to be big National Organizations who can send their expensive lawyers here to defend them . Or do you want it to reflect the Cultural Diversity of the residents of San Francisco and support local businesses like hometown creamery. Thank you. Thank you. Thank you. Is there any other Public Comment . Okay. Well move onto rebuttal. Mr. Gladstone. Okay. Im going to be very quick. First of all the restaurant lies on a public business to be in the black. Just as much as it relies on patronage from the gym. The restaurant never would have accepted moving in there separate from the gym it has nothing to do with ownership of the gym. It would never have moved in there if it was true that you have to pass by a gym concierge and show your id before you get into the restaurant. And by the way, let me show this here. You walk in from the street. The concierge is not standing there. He is out of the picture and asking for ids over here. You walk in the entrance and you turn right here. And you are not in a long entrance to the restaurant. You are in the lounge area of the restaurant right here. We showed it to you. Its labeled the lounge. Its on the floor plans. Its on the permit which well somehow you in a minute that the lounge area starts here. It is not a hallway to a restaurant far away. If you take d. P. W. To its logical extension it means if we put a restaurant where the he can equinox club is, that would not have direct access to the street because one can come here and go to a restaurant here before one reaches further into the building to reach the equinox restaurant. It doesnt make sense. I also wanted to mention that we went to the permit holder and suggested a compromise. He has other places in the city. There are other places just across the street. We did some measurements across the street of whether he could be across the street. And we found that it meets all the mfs guidelines. Im sure hes a great restauranteur. He has fans. They would only have to cross the street. Its not a big burden. I want to point out that i was involved in the case of phils coffee truck. Whats important to note about that even though its not before you is that situation was a similar one where the mff was within a 75foot radius of the entrance but you had to go up an elevator to reach the restaurant, meaning the issue at hand was the same issue. However d. P. W. In that situation and exclusively said that was direct enough access such that the restaurant could be considered a restaurant within 75 feet. The result of that hearing was that the mff food truck could not get a permit and it moved to a different location. Thats an extreme version of whats happening here. Its much more direct than it was in that case. And we hope that the permit holder will take into account the compromise and would look at the location across the street because the law requires that. Thank you very much. I have a question. Im trying to find the site plan you showed. Did you provide that . Im not seeing it . In order to really understand the location. Because in my mind this hinges on the 75 feet yes. Its not in our brief. But we are going to show it again. The floor plan. You are saying you turn in the door go right or left and its right there. And it seems to not be the testimony of the public works or of the permit holders. I think we should ask public works did they walk into the entrance and get ided and stop by the concierge. My question is the location of the earth bar relative to the main entry. Where is the earth bar . The earth bar we serve food here whats the distance between there . Theres a lounge area here and called out in the permit as the lounge of the earth bar i cant see it. Do you know if that distance is scaled between the entrance and the lounge itself . Thank you for looking at scale. I dont have a scale here. But you can kind of tell the scale by looking at the dimensions that do appear. But frankly again you walk in the entrance. Im sorry, could you look at the television so you can see what we see. Back out other direction. There you go. Sorry. I didnt know you couldnt see. Thats all right. You walk in the entrance here. This is an opening. This is a wall. Where the concierge is at. Heres the concierge desk. Here is the wall. When i walked in and i should ask d. P. W. If they did. You cant go beyond this point because the concierge is asking for your id. Can you show the way you would get to the restaurant . You go in you go in that double door. And you walk down here. You see people at tables. We showed you pictures eating products from just answer the question. The distance. You walk right down there and i cant tell you the distance between here and here. Thats fine. A couple things that are challenging to me. Obviously 75 feet, where are we measuring from, et cetera. But i think whats challenging for me is the way the earth bar is not really signed. So it would seem to me if i were outside walking on the street i wouldnt know earth bar was there unless i was an equinox member or went into the ally as the permit holder say go into a door i cant get into and wonder where is the earth bar. So it strikes me this may be the way to get to the earth bar but it doesnt signal its the primary entrance to a restaurant. Its signed as the entrance to the equinox facility. I have a question. Does the earth bar sell ice cream . We have a menu. Would you like to look at the menu . An acai bowl and Something Else it has smoothies. I think i got my answer from colleague. Thank you. I have some questions. You said the earth bar is not owned by you represent the owner of the building . Correct and obviously the owner of the building and owner of equinox are different. Yes. Equinox is a tenant. A at the. And earth bar is a separate tenant. I dont know if its a subtenant of the equinox. But the code doesnt talk about the relevance of that. Im not sure which one it is, frankly. Okay. Im wondering because you say they are not owned by equinox. They are not owned by equinox. Whether they are a subtenant, i dont know. Code doesnt ask that question. Are you familiar with westfield mall . I am is it your position that the primary entrance of the restaurants by the Movie Theater do you know where those restaurants are . Yes is it your opinion the entrance is the front door of the mall. I dont know where those restaurants are. Do you know where the food court is . The food court downstairs no. I dont. I know where it is next door at the nordstroms. Its underground. Just take my word for it. Is it your position that the primary entrance to the restaurant at the food court is the front door to the mall or instead Something Else . I think if its down in the basement the front door is the front door of the actual well, you know i dont know. I cant really tell you. Because thats not a situation thats discussed in these ordinances. I dont really know. Well, its pretty important to me because thats sort of what we have here. I think you made a good observation earlier that i thought was the best observation about that. Okay. Thank you. Thank you. We will now hear from the permit holder. No, you go, no you go so we were told, it was our understanding that when theres a break, thats when its that 75foot no longer applies. So here if you were to step inside and you were at the bar it would be greater than 75 feet once you enter from there. But thats what i wanted to close with is our goal is straightforward and simple. We want to build a contemporary business. We want to create as many jobs as we can, San Francisco. Manufacture as much ice cream as we can in San Francisco and contribute and engage with the community as much as possible. Its imperative we grow our business in order to survive. Weve been open for fouryears now. With continued increases in operating costs and trying to keep the majority of our team members above minimum wage, we are struggling to continue to manufacture our products with the highest standards while keeping our pricing accessible to all demographics. Because we have limited resources we have to be creative. We are a small independent Family Business with no outside investors. Our brothers and i are the sole owners, and we are doing everything we can to keep it that way. Through the bus we have found a unique and creative way to utilize the limited resources we have and put it towards expanding our business in a legal way that benefits the local community and adds value not only to the surrounding areas but also the tourists and cultural experience of San Francisco. Creating a contemporary San Francisco institution is not easy. We request the board not overturn the permit and allow my brother and me to continue our pursuit in growing our business. I would be happy to answer questions. Im very supportive of Small Business. Im supportive of your business. I went to gordos and my daughter wanted an ice cream so we got one. You have a brick and mortar and you say the struggling lost of operation. What about the brick and mortar in that area because they have rent as well as their employee costs . Sure let me finish. Would you like a food truck or an Ice Cream Truck in front of your brick and mortar on ninth and irving . So within the block and a half about twoblock radius there are five other places that have ice cream. And within a block away theres an Ice Cream Truck in Golden Gate Park thats a block away. A little bit farther thats where the parking structure is. Thats almost three blocks. If you cross lincoln. Cross lincoln, because you are at the corner of irving and you are threedoors down where the old mortuary was. If you go to that one block then you go into the park, pass a hall of flowers then you are going to where the parking structure is so its really two and a half blocks. So if you were to have an Ice Cream Truck directly in front of your food truck in front of your brick and mortar would that affect your business and how would you feel if that were the case . I can sigh during our Due Diligence we checked if there were any ice cream operations near it and we didnt find any again, there are other restaurants. There is a easy breezy. There is another place down the street. Those are also brick and mortar. What my question primarily was is you understand how difficult it is to operate a brick and mortar in San Francisco with the health code the restrictions, the rent, the insurance employee costs. And here, you know, the question was would you like a food truck or mmf with your similar product in front of your brick and mortar . So i think as the question was asked the gentleman before they asked if they served ice cream. That would be like asking if there was an acai truck or smoothie place in front of our shop. So if they moved in front of your business, it would not impact it . Thank you. That was the question. It was stated the appellant approached you guys about an alternate location. Did you explore that location . What was your conclusion . We reached out in an email. Last night i got a phone call about whether we would think about that. Its my understanding that would cause us to have a problem with someone else. Exactly. Impact another restaurant . Not impact another restaurant. But it would require us to do a 30day notification again. Weve already went through this at the public hearing at public works. And then it was appealed. And then its two months later. And so if i remember correctly it would require us to restart the application process all over again which we submitted this in december, i think, of last year. And was it the appellant who appealed at the public working hearing as well . Right and the suggestion to the alternate location came prior to this hearing . It was brought up to me last night do you sell anything beside ice cream out of the truck . No, strictly ice cream no beverages. We can do hot cider. But because of theside size of our vw it limits us to pretty much just ice cream. Okay. Thank you. Thank you. Anything further from public works . Of course. I was hoping to bring more color on the 75foot from the actual food facility to the earth bar restaurant. So this is a tool that public works uses. Its how we review a lot of these permits and it has a measuring tool. So just as an example, i measured in the line you see here is 82 feet so its shorter than that. If i do an aerial photo. Its hard to see. We need to move it down. Like is it the upper left . Its this line okay, sorry. So that was 82 feet, i believe it was. This is the proximate. But you can see that at 82 feet, it would still be quite short of the earth bar restaurant. I just wanted to i know you had some concerns about the plans that were presented. It does seem pretty clear to us that the actual restaurant in and of itself would be more than 75 feet from the truck. And then just to show again the gap. So as you enter the entrance there and turn to the right there are benches and i believe there was a pro shop that it was called that looks to me like probably around at least 40 feet before you would actually enter the vicinity of the restaurant itself. And then the applicant or the permit holder asserted if they were to go to an alternate location as suggested by the appellant that the process would begin again. Is that true . What part of the process would have to begin again . Most likely wed have to review what the new location would be. If it was just a matter of one parking space then the same notification scope pote