if we do business inside, and we have no problem during good and we have five families -- and we have no problem scenario we have five families. this is not my business. we work to make a living. we come here to make a living, and everybody in this room drinks and beer. if i do not support the beer and wine, i have family to feed. if i go outside and sell the drug is, -- the drugs, i need to feed my family. it does not matter what you say. we do a good job, and we service the people and everybody like us, and thank you. >> thank you. >> good afternoon, commissioners. my name is davy jones. i represent north market business association. i am here in support of a conditional use authorization. small businesses are the engines that fuel the ctc economy -- the city's economy. the nile will cause the closure of markets in six -- denial will cause the closure of the market in six months. he had never been sanctioned by the approved ordinance. he supports neighborhood safety initiatives. i am here on behalf of the north of market business association, and we support the conditional use authorization. thank you. >> hi, i've always come with overhead, so can we have the overhead? here on this last item of the chart, it talks about a conditional use. 97% of conditional use has been approved for the last 20 years. what is the difference between this one? why are we picking on this one? it is the coast people but are paid advocates decided to organize the neighborhood and say we do not want a liquor license. it is not a question of who we do not want a liquor license. people want to get paid and keep their business. it is about a bunch of non- profits, whom this owner is -- the market pays taxes, and then it is being used against him as a business owner, and we have these activists on the payroll who come and say we did not like to see market operates in ontario and -- operating. i am the director of district 6, and i have been involved in removing liquor licenses for a good 15 years. i have never seen these people at these hearings. i applaud you all for coming out, and i think it is and could start to learn your of activism, but you have -- it is a great start to learn your active as soon, but you have to know why i. it will be the first-20 in the neighborhood. the very first thing you're a good -- the very third -- the very first. he says, i am compromising. if you do not give him his license today, will he be back in may i hear some of the answer is probably not. -- and will he be back in maine? the answer is probably not. people want to see his stores stay open. he is the largest. it is the drugs that are the largest criminal element out there. it is not alcohol. somebody does not get shot because of a can of the year. they get shot because of drugs in the tenderloin. they only hear it -- they do not hear that a person died because he had a can of beer in his hands. if people go to the meetings and find out the real issues and actually go to the safety initiatives, you will find out her real things that go on in the neighborhood. i applaud people who came here on either side during your >> thank you. -- the people who came here on any side. >> thank you. any other public comment? public comments are closed. >> i assume the square footage will remain the same as it is now, even though they may be adding beer and wine? >> that is correct. >> my understanding is 8% would be the maximum by square footage. is that correct? >> that is what he is requesting. >> my second question is it is type 20, so if we give conditional use on this, in order to move into another type of sale, you would have to come again for another type of conditional use. is that correct? >> i do not think he could do that unless he found another licensee could transfer in. the only way you could bring it into a new location is to transfer it to another location. >> that is what is being done? >> c.s.i. a. >> he has modified its, and it cannot change its modification without some additional hearings. is that correct? >> that is correct. comissioner antonini: the other thing brought up is in the existing liquor stores in the tenderloin, are many of those in a mixed use residential buildings on the ground floor? >> most of the buildings are mixed reviews. -- are of mixed views. -- use. comissioner antonini: >> sometimes they may be receiving funding. it is hard to say. i guess what concerns me is to make sure we are policing and what is existing. our only powers are when something becomes a new, but when something is existing, we do not have the power to close those down. >> not unless they are violating a condition. >> at least not under our jurisdiction, but that is the coin. this is residential and privately owned? >> it is a residential hotel. comissioner antonini: thank you very much. i have ideas. looking at what is being presented as far as neat and poultry and fish and other items, it is not that different from a lot of other markets throughout san francisco. in fact, it is better than most. i am familiar with these markets, and they often do not have the variety of produce shown in these pictures. i would want is to stay that way, and if we did approve this, we would have to have a condition where it would remain and could not be taken away. the other thing is well a lot of this is a package, there are many safeway's and large markets that until recently have not had a butcher on call and you go by your -- go and buy your prepackaged products. the other thing pointed out is comparing this to other areas of the city, and i think we really need to make sure to treat things equally no matter where they are located there are two small markets, and those also have hard liquor in an addition to beer and wine, and there are also about 12 restaurants have served here and nine, four bars that serve liquor, and two and -- that have served since year- end wine and -- beer and wine, four bars of serve liquor. there are people loitering. they are selling drugs, and i think judges would have to be taken care of. -- icing that is what has to be taken care of region -- i think that is what has to be taken care of. i think this guy should be treated the same as anyone else. the question may be asked why does he need this. every other small-market in san francisco has beer and wine, and most have hard liquor sales, because that is an important part of economic. it is really difficult for them to do it without that. i know the city has been helpful in helping to subsidize the activities, i think he would like to make it on his own, so i would tend to be supportive, but we have a lot of commissioners who are going to comment on this, so i will hear what they have to say, but i am content in -- tentatively supportive. >> i think it is great that he has fresh produce. i think it is great and with aisles are laid out. of like he is a community participant -- it sounds like he is a community participant, but when i think about necessary and desirable, i have a hard time saying this is necessary or desirable given the challenges and we have in this particular area. that is something we have to take into consideration. what is the saturation point with liquor stores and bars in the area of hamas and -- in that area? and we have a high number of people with drug and how called conditions in that location, and i have to think there is another model. i grew up in maryland, and no corner stores are able to sell out, paul. and -- sell alcohol. in pennsylvania there is no such thing as a liquor store. i know it can be done, because it is done in baltimore and philadelphia and lots of places in the country. there has to be a way to make it work. it is a lot more profitable to sell alcohol because the margins are low, but it is really hard to devote support to helping people hurt themselves more. the problem is the availability of alcohol in this part of town only help to contribute to people getting worse and worse off. it is not the market saw the police do not do a very great job of helping -- the market's fault the police do not do a very grave job in an -- a very good job in that area. there could be neighborhood watches and policing of the streets among the communities to work on the issue, but it is hard to support another liquor license given the realities. while it is not the merchants fault, i cannot be a party to add to that problem. it is really regrettable. we can make sure there is more a change in how they operate, but i cannot see how i can support this, as much as i like this merchant, and i think he has done a great job in supporting the community. i do not know what other things could be sold in the store that would lead the region would be more profitable, but i person -- in the store that would be more profitable, but i cannot contribute and help people hurt themselves. i do not want to be a party to the curator >> i guess he could sell drugs or something. i suppose that will come back to me through the supervisor. i have a question about the transfer and the liquor license. the current liquor license is what hamas is being transferred to -- mr. crawford knows -- the current liquor license is what? it is being transferred to what? >> it is 21. a >> off premises? >> right. comissioner sugaya: if we have a situation where the license is going to be changed and the change means hard liquor part will no longer be allowed, is that correct? so it seems to me in some ways we are not really adding a liquor license or a liquor store. we are transferring an existing situation into what currently seems to be from testimony and from the mayor's office of successful grocery store at this point, and at the same time an -- account of the number of liquor licenses in the tenderloin will remain the same, but the type of liquor licence changes so we will half -- it will not be the situation we currently have. it will be less of an issue, at least in my mind. the number of people also testified at the previous corner store but there were lots of people hanging around, and with the closure of the store, they all disappeared and went over to the grocery store for some odd reason even though he does not sell any liquor or beer or wine. the implication is that the people hanging around grand liquor followed him into his groceries door, and i cannot believe it -- into his grocery store, and i cannot believe that. it seems there was an increase in crime since he moved there. it says there has been a complete investigation of drug activity and violence on the block a. i do not know if anybody from the police department is here or not, but it seems to me that somehow althe situation we are seeing now has taken place of its own accord and is not something he has perpetrated or is responsible for or anything like that. i have not seen the feasibility report to with respect to what possibilities there would be for a grocery store to come into the tenderloin a. the conclusion was that it was extremely remote. i would think that any corporate-store would have these what are they called? fresh and easy? they are of british chain. do they sell beer and wine? i would not think you would find a grocery store that did not have at least want to sell beer and wine, given their marketing and how they do business. with respect to having to only cells produce and everything without liquor, and examples that were used by commissioner borden, this is california, so liquor laws are much looser here, and some of the thinking going on behind policing as phase -- leasing the space is that he can command high your leases and -- higher leases, because it is part and parcel to how you run your liquor store -- your grocery store. and i could command a different read situation in philadelphia for an example. i do not remember my vote last time. i think i did deny the license previously. i am of the mind to change my approach on this for several reasons. it seems what he has -- that he has done what we asked him to do last time, which is to give some assistance from the city. i did not know how much monetary assistance it was, but he did participate. it seems like he followed the rules, and it seems to me if this is the kind of thing people wanted in the first place and people got it, and it seems like we could allow him a little more leeway. it seems like beer and wine goes with a grocery stores anyway. by limiting it to a% or less, -- 28% or less, i am of the mine to let -- to 8% or less, i am of the mine to let it happen. >> the difficulty we started with was the fact that there was no gross restore which could possibly ever constitute a regional grocery store which could possibly ever constitutes -- there was no groceries or which could possibly constitute itself in the tenderloin except those that sell small things. i appreciate that he stepped forward at that time, but i have to acknowledge the assistance that has been given to him to pull off what he has. i would be inclined to encourage him to stay strong and continue to work to approve -- to approve the until substantiates this type of a grocery store is possible your ego -- is possible. this is the first one i could do it. i would rather have it succeed. if i had -- the ability to give rating stars to who is their right person, i would do that, and he would probably get 10 stars, and many would get zero stars. unfortunately, we are not in the position. we should stop with the supervisor and see if we can create further controls. i would rather find continued strong support for what looks like is an exceptional grocer's store for an underprivileged neighborhood and to help people find the kinds of things they should have, quality food, a grocery store that provides their right space to make choices, but i am not prepared to add a liquor license to the spirit of i would rather have an experiment in -- to add a liquor a license. i would rather have an experiment to see if a works. >> i tend to agree with the commissioners more. i believe he is an excellent business person and human being. i believe the american grocers contribute a lot to the city, so i would encourage the mayor's office had to sit on -- to sit down and find out what you can do to help make their businesses viable, but a model that does not rely on alcohol to increase viability. a thing of the tenderloin is an area of the faces a lot of challenges -- i think the tenderloin is an area that faces a lot of challenges common -- challenges, and i believe the staff report gives reasons why we have also denied other liquor licenses. i think there's an over saturation, so that would be my recommendation to discontinue to engage with american grocers to find out what are ways that do not include that as being part of the solution to help these individuals run of viable business. i am glad there have been improvements over the years, but i believe the and improvements in were not with the intention of seeing this come back to a spirited -- back to us. you were hoping to see the store become viable use. of his time i cannot support it by their superior -- i cannot support it. >> i think this sends a message to other businesses but you can come into the tenderloin and make a go of it. what they are asking is no different from other markets in san francisco. i know it was a nuisance if you went into the supermarket and were not able to take of wine or beer. a recent it is desirable is it will help ensure the presence of this market in the tenderloin, which is only market with produce, fish, meat, and other items that are healthy to the neighborhood. i am never sure what goes on to your your -- what goes on to your your -- what goes on. maybe we will find the answer, but it does not have to do with who has a beer and wine license. i would move to the condition that the owner maintain at least the current level of produce, meat, poultry, and other items within the store during your heart second. -- within the store. >> second. >> the number of licenses is not going to change.