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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 Francisco Entertainment 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 Francisco Police 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 thats a complaint or thats an arrest warrant. The document is not signed, the document is not court endorsed; therefore, that document is not authenticated, so we are asking the commission to disregard that exhibit. Theres nobody here to explain to us what the document is; therefore, thats a misuse of that document. Im not even sure that you can use a criminal complaint outside of a criminal court. The director does not possess any kind of authority on that complaint. If you want to use that complaint to show that somebody has been charged, well, fine; however, its not signed. It has not been filed in court, so how can we authenticate this document . In fact, i dont know if its proper to use this document in any other hearing except a criminal court. What is a complaint . If this complaint is a complaint, what is a complaint if this document is a complaint, what is a clintomplaint . A complaint is a set of allegations representing a criminal charge. In this case, those allegations are not facts. When do those allegations become facts . They become facts when all the evidence has been gathered, and you prove those allegations, and theres a trial criminal trial. During that criminal trial, that person is either convicted or not. In this case, i urge this commission to disregard this complaint. It is not authenticated, and although the evidence code does not apply in these type of hearings, we need to have common sense who can authenticate this document . Theres nobody here to authenticate it, and we dont eech kn even know if thats the document filed in court. The same is true for the other exhibit, a, which is some is printout of some some internet article regarding of what happened on may 28th, 2017. It doesnt even have who the author the name of the author in that document. That document, we dont even know where those facts came from. We have no idea, so again, we respectfully ask the commission to disregard that exhibit. The director has not yet set forth any evidence to prove any of her allegations in the complaint, in her Opening Statement, or in her prehearing statement. In fact, the director will not be able to prove any of her allegations. The reason why is because mr. Escolero will testify that on the day of may 28th, 2017, mr. Sanchez was working as a Security Guard. Mr. Escolero did not hire mr. Sanchez; that mr. Sanchez was hired by mr. Menjovar, who provides Security Guards to bars in the city. He will also testify that he was working that day, yet, the director is charging him with not following emergency services. Well, he was inside the bar. He will testify he never even witnessed the incident, so how is he charged with not being able to Call Emergency Services when he didnt even know the incident happened outside the bar was happening . The director will also not be able to prove that mr. Escolero was charged with any crime. In fact, he was not convicted of any crime. In all the sections in the complaint regarding california penal code, all those sections, you need to be convicted of a crime. He has not been convicted of a crime. Likewise, mr. Sanchez, who is the Security Guard, he apparently has been charged, but we dont know, because the complaint that we have, we really cant tell what he has been charged with, yet, he has not been convicted. So if he has not been convicted of violating any of the criminal california penal code sections that the director has put into her complaint, then, she cannot prove that mr. Escolero violated any of the laws. As a result of the suspension of the entertainment license for la oficina, the director came up with some safety plan security plan. The plan does not state the reasons as to why this plan came about. How is the plan going to prevent any future incidents . Theres nothing in that plan. Mr. Ramirez will testify that they have complied with everything regarding that security plan Safety Security plan. In fact, mr. Burke sent in an email, which is exhibit number j from the directors complaint, stating that he did comply with most of the requirements of that plan. In fact, i communicated to mr. Burke afterwards that mr. Escolero has actually complied with everything, so mr. Ramirez will testify as to that. I would also like to mention the fact that neither the complainant in this matter, the suspension of the license, nor the directors prehearing complaint makes any mention of any violation of those laws; therefore, any exhibits regarding any violation of those, any mention of any violation letters, should be disregarded. Thank you. President tan thank you. All right. Were going to go ahead and move onto the charging partys case in brief or caseinchief, so i just want to know if youre ready to present your case, you can go ahead and start by calling your first witness, and so you want to make a statement and then. Director weiland intersperse. President tan why dont you go ahead and take the mic. When youre ready to swear in a witness, youll have to swear them in, but until then, take the floor. Director weiland for the sake of giving context to everyone thats at the hearing tonight, let me just give some background on what then tainment commission does. Its a Charter Commission made up of seven matters. Its up to the Seven Members and the mayor to issue the placement of permits. It regulated the permits of a vibrant entertainment lifestyle in San Francisco while protecting the community through the permitting process and various enforcement mechanisms. In performing its poermitting function, it works closely with the Police Department to make sure that safety is maintained while the place of entertainment is in effect. We are here to discuss an Entertainment Permit issued for la oficina, located at 4234 mission street. After becoming aware of an incident, i spoke with two officers from ingleside, who told me that an incident occurred at la oficina on may 28th, 2017 at 12 31 a. M. , and that a Security Guard had been charged with murder, assault with a deadly weapon, firearms violations and drug violations. As youll see in exhibit a of my prehearing filing, the San Francisco District Attorneys Office has issued a felony complaint to the superior court of the state of california dated august 31 2k4st, 2017 in regard to the incident that took place at la oficina. I ask the commission to take notice of this incident that took place at la oficina, that his conduct on the premises of la office on, or in connection with the operation of la oficina, and this is important to note the verbiage here, that would constitute a violation of the following laws assault and battery, discharging firearm, unlawful weapon, and drug offenses. In this instance, it is important to look at sections 1060. 20 and 1070. 17 of the police code, as they set forth the grounds for suspension by this body, the Entertainment Commission. Here, an employee of the permitee engaged in conduct on the premises of the business that would constitute a violation of these afore mentioned laws. Such conduct is grounds for suspension by the Entertainment Commission under San Francisco Municipal Police code. In addition to the may 28th, 2017 shooting and homicide which itself is grounds for suspension by the commission, there are further grounds for the suspension of la oficinas place of Entertainment Permit by the commission. La oficina receives its place of entertainment under the ownership of mr. Escolero on october 3rd, 2014. As youll see in exhibit a, during the three year period of september 12th, 2014 to september 12th, 2014, the sfpd received a total of 43 calls to la oficina, showing a pattern of disturbances that adversely affect the quality of life and safety of the neighborhood, so at this point, i would like to call up my first witness, which would be captain mcfadden. President tan i think you can actually, can we get a chair here . Maybe you che can on the far left. Are you going to ask questions . Director weiland yeah. President tan yeah. Hello. Lets make sure your mics working. That works, so you might want to scoot that over. All right. Give me one second. All right. Can you please raise your right hand. Do you solemnly state or affirm under penalty of perjury that the testimony you will give in this matter shall be the truth, the whole truth, and nothing but the truth . I do. President tan all right, miss wieiland, go ahead and begin your questioning. Director weiland okay. Good evening. I actually called you because you were the investigating officer during mr. Escoleros ownership of la oficina, and are able to provide some background on the venue. In your experience, can you describe la oficina, and what your department has witnessed at this venue since 2014. So i just recently became the captain of general crime, so ingleside, i was the captain there for 3. 5 years, just about, so that was right in line with the permit that was happening at la oficina. As the captain, we respond to all crimes in the district, and of course every officer knows of la oficina very well and for the problems that occur there. Most of the ones that occur are drunken fights, defecation, urination, in addition to the fights, robberies, stolen cars, suspicious persons, not just in front of there, but also related to that location from addresses around the area late at night mostly. So all my officers know about the complaints there on a constant, ongoing basis. They know the address very well, they know the bar very well. In addition to all of that, ive received a lot of complaints from neighbors. I was a very open captain. I had a lot of neighbors contact me directly by emails, phone messages, other things like that about la oficina, who begged me, for lack of a better word, to help bring some attention to that location. Director weiland okay. So we have a print out that shows the calls for services at this location. Thats in your packet. There are 43 calls for service in this location that we can account for in the past three years. The permitees counsel applies that only 13 calls applied to la oficinas. Can you briefly explain to the commission what these calls represent and how they may or may not relate to la oficina . So even if it was 15, thats a lot. So i would say its much, much more than 43. Just because theyre not directly associated with when calls come in, they come in for an address. Now, that can be from around the corner, down the block, up the block, anywhere, but when officers respond, they interview the 911 caller most of the time, or the witnesses or whoever, and a lot of times, they will tell us, well, this person came out of that bar, la oficina, and started a fight with this group up the block, or tried to steal this guys car or urinated in the street or did this. So dont take the calls for service as thats just the one that happens, because theres out lying calls for service from that, so i would say its almost triple the 43 number for the amount of calls that are down there. And theres no other area or tavern established there that has that amount of calls for service, especially in the late hours. Youre talking mostly from midnight on, into the wee hours of the morning. Theyre not every single call is not related to it, but when we get there, the person making the call points out the incident as coming from that location. Director weiland one of the requirements is that la oficina must sent a calendar to the station every month. Are you ware that they did that . No, they did not, in fact my permit officer its a difficult name, but i dont believe i ever received one, especially on a monthly basis. Director weiland how did you become aware of the incident at la oficina that occurred on may 28th, 2017 . Any time theres a major event in amy district, i get a phone call from my acting pc, platoon commander, and of course on a homicide, i got a call within minutes, and also was instructed that they made an arrest that night, so thats how i got notified. Director weiland one of the positions for la oficina is they must utilize surveillance and recording equipment that is able to view inside and outside the premises so that all patrons are photographed as they enter and exit the establishment. This equipment is supposed to be actively maintained and kept for 30 days. Was the sfpd able to obtain surveillance from la oficina on the shooting of may 28th . No. In fact it was stated that they didnt have a camera outside the location or inside the bar. Director weiland captain, do you recall a meeting in my office with mr. Escolero, his manager, mr. Estrada, the permit 2k4rd ees niece, blank a, and investigator sean burke, and an interpreter whos also here this morning. I do. Director weiland what do you recall about that meeting . So a lot of the discussion that day was based around the security plan and what happened on the night of the homicide. I asked about the video cameras working working or not working. I also asked about the authority or the guard, and the guard who was involved in the homicide, what was his status . Was he checked . Where was he hired from . Who pays him, all these different questions about Security Guards, especially when its involving a bar like that, so we wanted to find out as much as we could about the security plan that the Entertainment Commission puts out for them to go by. I was mostly upset by the video, because for us, thats become very large part of our evidentiary value when were investigating a case, so thats where a lot of the questions lie. Director weiland at that meeting, do you specifically recall me asking the permitee, mr. Jose escolero, if he called 911 when the shooting occurred at la oficina. You did ask that question. Director weiland and what was the permit dress ees response . I believe his response was i asked or i inquired also after the shooting happened, what was your reaction to it . Did you call 911, and he stated that no, he ran back into the bar to the back office and stayed there, and he believed someone else was going to call 911; and i believe i asked him, do you think that was responsible of you as an owner, to not take charge of it and call 911 or take some further action in helping out the victim or whatever it might be. Director weiland okay. Thats all my questions for you, so in summary, commissioners, youll find evidence from this testimony that the permitee attended a meeting in my office on september 19th, agreed to the conditions of a revised security plan due october 3rd, 2017, and told myself, inspector burke and captain mcfadden that he did not call 911 when the shooting occurred. Youll also find evidence from his testimony that the permitee was out of compliance with two of his permit conditions, including Video Surveillance and sending a monthly calendar of events to sfpd. I would next like to call inspector president tan actually, theres an opportunity now for crossexamination. Director weiland oh, right, sorry. President tan so why dont you go ahead and have a seat. Director weiland okay. President tan you may crossexamine the witness. I am really objecting to the directors comments. Were here to put evidence on the record. Her comments about whatever she thinks or whatevers happening should be disregarded. The testimony of the witnesses is what counts, so im asking that this commission disregard any of those comments if theyre not related to the evidence and to the questions of the witnesses. Are you a captain, mr. Mcfadden . President tan can you speak into the microphone . Are you a captain mr. Mcfadden . I am. Were you a captain at ingleside . I was not. I am now a captain of major investigations. Were you a captain at ingleside on may 28th, 2017 . I was. Did you receive a call on may 28th, 2017 regarding the incident that happened outside the bar, la oficina . I did. What time did you get that call . I cant recall what time it was. Shortly after it was even before our dispatch center would notify me, which they do on a regular basis, but it was within minutes of it happening. So you did not get a call directly, isnt that correct . I did, directly from my lieutenant. From your and who was your lieutenant . That night, i believe it was lieutenant chris schafer. And who did he get the call from. I believe it was on the radio. You work with the department of Emergency Management on turk street . No, i do not. Have you ever worked there . Yes, ive worked there a little. Ive worked there partially, very little through my 28 year career. So in terms of the list of calls that the director submitted, you have no personal knowledge regarding those calls, isnt that right . No, i have plenty of knowledge from it. As a captain, you review these calls all the time. Its part of our job, so whenever you have a problem location, the first thing you do is run calls for service. So plus as a captain in a district station, you get to know areas, you get to know problem areas, you get to know problem taverns, you get to know all this about your district. You pretty much own your district. Can you tell me about how many calls does this Management Department get per day . I dont have that knowledge now. And if you dont have that knowledge, how can you actually recall or know about all those calls from that list in exhibit a . Because you run them up on an extended call sheet and you talk to the officers that actually responded, so you get firsthand knowledge from the officers who responded out to the scene as lieutenant did when he responded to the scene. You stated that you met with mr. Escolero and mr. Ramirez at a meeting with the director, isnt that right . Correct. Do you recall at all that mr. Ramirez told you that the cameras were actually in place, but that there had been a problem with pg and e for those few days i dont recall. And thats why there was nothing on the cameras. I dont recall him saying that, but i did talk to the officers that responded on the night of, who asked the first thing we ask at any location is Video Evidence of not just commercial establishment, but also residential, and the first thing we ask is is there Video Evidence, and the officers relayed to me, because i spoke to them directly, were the cameras working, is the first question one of the first questions i ask of any homicide. Now, how would those officers know if those cameras were working or not on that day . They go in and ask the owner or the manager for that evidence. Its one of our primary things we do at every homicide. Were you at the scene of the incident on may 28, 2017 . No i was not. So everything that youre testifying as of today is somebody told you about. This is from my investigation after the fact. I do it on every homicide after the fact. I come in, and i try to gather as much evidence, talk to the officers, talk to lieutenants, sergeants, anybody who responded to find out what happened. You stated that 15 calls for three years that thats a lot. It could be very much a lot. Could you explain that . Sure. 15 calls, you have to look at the basis of the calls, but if youre running an establishment where youre not getting any calls, well, that is something thats running silent and deep, and according to what the rules of the of the Entertainment Commission. So zero calls is zero calls. Thats going along with the rules that have been established so 15 calls thats a lot . Thats a lot. How many is that a year . Five a year. Its still enough. Why is there five calls a year is my question to you . Im the one questioning you, sir. Im sorry. Youre the witness. Im sorry. Im sorry. Im the one questioning you. Thats all right. Can you tell me how a call of two suspicious persons in a vehicle relate to la oficina . So once the officers get to a scene, whatever it might be whether its a suspicious person, suspicious vehicle, a car breakin, whatever, they interview the parties out there or the witnesses. Now, a lot of times in these cases, when the officers talk to somebody at the scene, theyre going to find out that hey, these people came out of that bar or they were associated with that bar or i saw them doing this, and thats kind of the basis of the complaints that i got, not only from complaint history but also from neighbors. Unfortunately, that list doesnt have any of that, so according to the list, there were calls for suspicious person in a vehicle thats all we have. Thats whats submitted into evidence, so if we have so im asking you, you dont know how those two calls on that list for a suspicious person in a vehicle, how that is related to la oficina, you really dont know, do you . Not really specifically to those two calls, but knowing from what the officers tell me that these calls are associated with that one location, and that the officers know it, and i see it in morning reports. How is the call for an interview of a citizen related to la oficina . So when it goes talk to the citizen, someone like i explained before, that citizen will tell you, this is the problem i have, whether its a noise complaint, a drunken person in front, somebody urinating, and then, they point out that the person came from the bar. How is the call about a stolen vehicle related to la oficina . Same, so these are all pretty much the same standard answers. When somebody relates it back from a witness or a 911 caller or somebody who is passing, or a witness at the scene after you get there, and they state hey, this stolen car drove up, and the person people got out of the vehicle and went into that location. And its not just for this location, thats for any location in the district. But thats not in evidence in this case. We only have a list of calls, isnt that right . I didnt make the exhibit, but whatever you want to say, sure. Okay. Did you prepare the Police Report for may 28th, 2017. No, thats handles by our homicide investigators. So you have no personal knowledge regarding the incident of may 28, 2017, isnt that right . Sure, ive read the report. I mean permanent knowledson that you were there. I didnt go to the scene, i didnt interview suspects because thats what the Homicide Division is. Thank you. President tan all right. Does the charging party have any redirect examination . None . All right. You may now call your next witness, miss weiland. Thank you very much. Director weiland i would now like to call up inspector sean burke. President tan all right, mr. Burke, can you please raise your right hand. Do you solemnly state or affirm under penalty of perjury that the testimony you shall give in this matter will be the truth, the whole truth, and nothing but the truth . I do. Director weiland all right, commissioner, i would like to call your attention to exhibit e, as well as exhibit f, on page 5 of exhibit f, theres an original permit, ec number 1216, granted to permitee mr. Jose escolero in 2014. Inspector burke, following our knowledge of the shooting that occurred at la oficina on may 28th, 2017, did i ask you to perform an inspection at la oficina . Inspector burke yes you did. Director weiland did you perform this inspection on september 1st, 2017. Inspector burke yes i did. Director weiland please tell us about your inspection on september 1st, 2017. Was the permitee in violation of any of their permitted conditions during this inspection . Inspector burke yes, the la oficina was in violation of multiple conditions placed on the place of Entertainment Permit. Director weiland which conditions, specifically, was the permitee in violation of. Inspector burke i inspected la oficina at approximately 10 15 p. M. On september 1st, 2017. At that time, i witnessed violations of three violations of the Good Neighbor policy, which is stated as a condition on each permit that we issue. Good anybody in a policy number two states that employees shall be posted at all entrances, and i did not see security posted at the front door. The Good Neighbor policy number seven states that doors should not be left open, and i saw that the front door to la oficina was open and could hear music coming from the premises. Good neighbor policy number 12 states that the permit holder agrees to be responsible for all operation under which the permit is granted, including but not limited to a security plan as required. So the original security plan submitted by the permit holder in the application process states in states that the front of the establishment should have security from 8 00 p. M. Until closing, and at 10 15, approximately, i noticed that there was no security in front. Security plan also states that all security should have guard cards, and upon inspection, no guards could produce guard cards, and the permit holder also, or any manager onsite could not produce guard cards for those who are on staff that night. Their security plan also states that in the event of an emergency, d. J. Will announce if theyre that there is an emergency and employees will help escort the patrons safely. I just wanted to make note that that is also on the security plan. The night of the inspection, there was no emergency, but i wanted to make sure that that was stated. The security plan also states that the permit holder will call 911 in the event of an emergency. In addition to the afore mentioned Good Neighbor policies, theres also a condition on the permit that states all employees should be lead trained, and no employees were able to produce certification that that had occurred. Theres also a separate condition that states that a Security Guard will be assigned to the sidewalk in front. That was not the case. And among the calendar of recents should be submitted theres also a provision placed on the permit, and as you heard from captain mcfadden, that was not done, and there was also a restriction of entertainment placed on the permit, and that was verbally communicated to me by the acting manager that night that they were not being adhered to. Director weiland okay. Thank you for that very detailed response. In summary, you will find evidence from his response that the permitee was in violation of conditions pursuant to entertainment policies and procedures, what was the next step you took after you observed these september 1st, violations inspections. Inspector burke i issued an administrative citation. I issued that both via email and u. S. Mail on tuesday, september 5th, and i want to make a note of the Fine Associated with this citation has been paid. Director weiland okay. Great. Inspector burke, do you recall a meeting on september 19th in my office with permit 2k4rd ee mr. Jose escolero, his manager, romero estrada, his niece, and an interpreter thats here this evening . Inspector burke yes i do. Director weiland what do you recall about the content of that meeting . Can you tell the commission in summary what was discussed . Inspector burke we discussed the incident from may 28th in some detail, as far as security, and what happened that night. We discussed the violations of permit conditions that i discovered on my on the day of my inspection, and we discussed the subsequent citation that was issued. We also had an open discussion about the revised security plan. We agreed upon the condition of the security plan all together, and it was agreed that the permitee would be in compliance by october 3rd, 2017. Director weiland at that meeting, dow recall me asking the permitee if he called 911 when the shooting occurred at la oficina . Inspector burke i do recall. Director weiland and do you recall what was his response . Inspector burke i recall that he stated that he did hear shots. I recall him stating that he did not call 911, and i recall him mentioning that he went back into the establishment. He was inside the establishment when the shots were heard, and then, went back further into the establishment. Director weiland okay. So in summary, youll find evidence from this testimony that the permitee attended a meeting in my office on september 19th, agreed to the conditions of a revised security plan due october 3rd, 2017, and told myself, inspector burke and captain mcfadden that he did not call 911 when the shooting occurred. Inspector burke, do you recall inspecting la oficina again on october 26, 2017 to check on their compliance with the revised security plan. Inspector burke i do. Director weiland can you tell us about your inspection on october 26th, 2017, and did you witness the permitee in violation of any conditions of their revised security plan during that inspection . Inspector burke i did witness multiple violations on during that inspection. I arrived onsite at approximately 6 00 p. M. At that time, no Security Guards were onsite, which is a violation of the revised security plan. It states two guards should be onsite at 6 00 p. M. I noticed as i was there and continued to discuss with management about securitys arrival, that one guard arrived at 6 15 and the other at 6 30. The manager stated to

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