commissioner cavellini: aye. commissioner benetti: aye. vice chair joseph: aye. commissioner meko: aye. commissioner perez: aye. president newlin: aye. moving right along. item 7c, giraudbit, emilio, dba club 222 at 22 hyde street, place of entertainment. >> i go first and then you go. commissioners, the applicant has applied for a place of entertainment at this location november 4. he presents electronic music as they have been doing for years. it is simply a change of ownership on an ongoing concern. this is a small 49-person occupancy space with a type 47 liquor license serving handmade pizza. this application includes a number of letters and proof of substantial number of our reach, commissioner meko. the planning department has indicated this is a continuation of a permit to use. tenderloin station has recommended approval with conditions. now you are on. >> i was just saying high. -- hi. president newlin: any questions to director cane? >> i just wanted to introduce myself. my name is emilio giraudbit. this is my wife, erin. we also have the other applicants who would be named on a permit here. i guess if you guys have any questions for me -- commissioner perez: any -- president newlin: any questions? we can get off easy. commissioner meko: we have another police station referencing section 805.3g of the planning code that is the good neighbor policy for entertainment in south of market district. it is not applicable and has again been replaced by the entertainment commission good neighbor policy, which contains all of these items as well as many more that are very useful. so i would ask that the station also please update their boilerplate conditions. president newlin: thank you. any other comments? you can have a seat and we will see if there is anyone from the public who would like to chime in. is there any members of the public who wish to address this place of entertainment license ta? seeing none, commissioners? >> i moved to approve the permit. commissioner meko: i have a question prior to the motion. condition three recommended by the police is to restrict occupancy to 49 people. without digging through the entire application, it is a 49 occupancy place, correct? so all three of the conditions recommended by the police department are not necessary. >> once again, i move to approve the application as submitted. commissioner meko: i would like to second that motion. commissioner perez: aye. commissioner meko: aye. vice chair joseph: aye. commissioner benetti: aye. commissioner cavellini: aye. president newlin: aye. item seven7 -- 7d. >> this person has applied for live entertainment including deejays, live bands, reality tv, and all kinds of good stuff. this venue is part of the embassy hotel. i believe the hotel and a new owner are one and the same. -- and the new owner are one and the same. -- and venue owner are one and the same. no. station has recommended approval with conditions including the entertainment and at 1:30 a.m., which is a regular northern the station condition. -- northern police station condition. there are three letters from two different people in opposition to this application related to noise concerns. if they have any questions, i would ask the direct them to inspector cornelli, who has firsthand experience at this location. staff is recommendation -- is recommending congressional -- conditional grant. president newlin: any questions? >> good evening. my name is naresh dhadhal, and i am the owner of noble at 600 polk street. six years ago, i was in front of this condition for a license -- is commission for a license and was granted the license. this year, we decided to modernize the venue. we partnered with [unintelligible] we completely refurbished the place. we added bathrooms and security cameras. we changed the interior from an irish bar to a modern lounge and full-service restaurant. we have a very exciting business plan in place. to address that, i will ask my partner garak to go over the details. i would be happy to answer any questions you have after the presentation. >> my name is derrek bonner. i will keep this short because i'm here to answer any questions you have. five months ago, we helped create an upscale hotel lounge and bar. we plan to offer a full service lunch with some help the options as well as bar food. there are small plates we will serve late into the night. we will produce all the events in house. if we work with any promoters, it would be a small selective group in a relationship with a host. we will always maintain control of the door and the venue. i have been producing events in san francisco for many years and take pride in being a responsible, community-minded operator. president newlin: questions? vice chair joseph: i guess i am a little confused. you own temple bar? and you had an entertainment permit at temple bar? and did that permit ever go out of existence? >> without being too technical, the applicant was occasionally granted but did not achieve full per bed status, if you will. vice chair joseph: so you were operating without a permit? it operated temple bar without a permit? >> i have a permit all these years. we did not have any music. vice chair joseph: why would you be under that impression. did you receive a piece of paper that said you had a permit? >> yes. vice chair joseph: can i see that piece of paper, please? >> basically, what happened there is i think a couple of the final sign-offs' did not yet completed. that was the issue with the permit. vice chair joseph: the sign- offs' must be completed or you do not have a permit. >> that is correct. there was not a permit. it was primarily operated with a jukebox. >> which sign-offs' were not completed? vice chair joseph: it is irrelevant. he did not have a permit. use a mostly it was operated with a jukebox. -- you said it mostly was operated with a jukebox. >> a jukebox was there for the music. vice chair joseph: i am not done. i am asking -- you say you were under the impression you had a permit. you have a piece of paper that said you had a permit is what you said to me. >> i came in front of the commission and -- vice chair joseph: i was asking you to show me the piece of paper you have that said you had a permit. i mean, ignorance is no excuse. i am sorry. let me go on while he is looking. i understand about the sound stuff. but there are a couple of things in the security plan that concern me. occupancy is 157. you say we will have one during the week and three on weekend nights. but the statute says you have to have one to 100. 157 means you have to have two if you have entertainment present. >> that is understandable. we did not plan to have events over 100 people during the week. vice chair joseph: have we ever settled the argument for patrons present versus patrons on the occupancy level? >> i do not believe it has been settled. there is some distinction. i do not have a good answer for you now. vice chair joseph: all right. the other thing is i think your security plan is just a little thin. there are questions that are not answered, like what are your door policies. it is blank. you said you're using an outside company but did not mention the name of the company. >> we use a staffing -- vice chair joseph: what is the name of the company? you cannot speak to us if you are not on microphone. >> let the record reflect that a security will be represented. -- ace security will be represented. vice chair joseph: i suggest to submit to was a real security plan. >> it should be a part of the package. past the questionnaire, past the liquor license. vice chair joseph: not in my book. >> are you sure? vice chair joseph: does anyone else have one? can i see it? >> it is in yours? that is odd. president newlin: any more questions? vice chair joseph: i am done. >> ace security has not submitted any paperwork. they got rid of who they had before and hired us. i am here to represent them. we want to give you folks what you require and need to go forward. we will assist them in that category. president newlin: thank you. i the question regarding sound proofing. it shows you are going to be improving or upgrading soundproofing. that is a necessity because of what? >> it is in the bottom floor of the hotel. >> what changes have you made to the sound system? >> so far, we replaced the door in the hotel lobby. we put soundproof ceiling tiles. we created a noise abatement between the ceiling and the top floor. we actually emptied the rooms above the space so they are no longer in use. and we put base shaft in the sealing itself. we spiked the subwoofers so they do not resonate through the whole building. we're keeping the back window closed at all times. that was the previous problem. we have put a load of insulation and. >> what upgrades have you made to the sound system itself to require the upgraded soundproofing? >> we brought in a couple new speaker's and a couple new subwoofers. we had recently removed a few of them. president newlin: ok. any other questions? commissioner meko: my first question is about this hotel. is this a standard hotel renting out to tourists, or is this an sro hotel? >> it is a mixed use sro-type hotel. commissioner meko: you are telling me you have removed residents from their rooms directly above this restaurant in order to eliminate the complaints? >> we moved them to a different part of the hotel. commissioner meko: but you have taken several rooms out of service? do you understand that is a violation of city law? >> we still have the same amount of resident rooms. commissioner meko: how did you do that? >> took them out of our tourist rooms. we still have the same -- commissioner meko: you converted some of your tourist rooms to sro rooms? >> correct. commissioner meko: the good news is that if we do grant you this permit you will finally be operating and entertainment venue legally. -- an entertainment venue legally. let me finish. the bad news is that you will then come under the jurisdiction of the entertainment commission, primarily in the person of inspector grinelli sitting over there. he will not give you the final sign off for your permit until you can demonstrate that you can contain the sound and it will not be audible in any of the surrounding residences. you understand that is the law? >> absolutely, yes. commissioner meko: thank you. >> i just wanted for the record to show -- president newlin: ok. thank you very much. members of the public who wish to comment on this application? >> i live at the embassy hotel. i have been a resident there for more than 20 years. mr. grinelli came on november 9, and he read that a very -- he read a very high level of base sound and vibration through the floors and walls. the whole building was shaking. pictures were coming off the walls. here is a copy of his e-mail. president newlin: thank you. >> i spoke with derrek and naresh after repeated -- they have been having events there repeatedly since october 4 that i know of. and i have a citizens lobby of disruptive activity -- a citizen's log of disruptive activity and a police report. i spoke with naresh and derrek regarding the noise issues and said there were going to fix everything and it would not be a problem. on december 11, they had another event. all of a sudden at 12:30, someone raised the volume. the problem is the police often cannot get there until after 2:00. they are busy with a lot of other things. so until the noise vibrations have been measured, i am opposed, and others. i have signatures from five other people. several of them wanted to be here tonight but were unable to. ok. >> my issue is the noise. and what they are dealing. because i have not observed any additional soundproofing and as i said, [unintelligible] they promised to make it clean, quiet, and safe. [chime] >> anyone else want to make public comment? >> i am also a local resident at the embassy hotel. i am here to give my full support to obtaining an entertainment license. i feel that it will improve when neighborhood as well as support local businesses. on the side of, i have been up to the room when we had a temporary license, and they were in full cooperation. >> we don't go into a debate here, but we understand. >> i want to express my gratitude with people that are doing things right and keeping things safe. i had the pleasure to frequent noble. it was a very nice crowd. it was nice to see responsible people hanging out in having a good night. i recommend you support their cause. >> i did not see the e-mail. i just asking them to comment. >> and you could fit through carpet, you could feel the vibrations. the only sound that we could not hear that night was high. in the room that i stood in, the sound was intense. i absolutely believe they will be able to contain their sound. it is not an old building or anything like that. but from my last visit there, obviously a little over a month ago, before even doing a full test, they still need to do a lot of soundproofing. the list tonight, i am not sure when those items were cut in the place. maybe the sound has improved since i was last there. but that night that i was there, which had a broad spectrum of sound. we heard both the sound of people talking, conversation, and heavy vibrations through the floor. >> can i request that derek come back up and speak? >> most of the stuff that i read off the sides of the ceiling tiles was done after his visit. we replaced the door in the hotel lobby, added a bunch of insulation, and reconfigured the whole sound system. >> we should hopefully be hearing a very different sound. >> what kind of insulation did you install? >> we put some phone and some sound installations. >> i am not sure how these things work from a procedural standpoint. will he have to read-test -- retest? >> we are always dedicated to improving the problem. commissioner meko: it is always a sensitive issue when we are issuing in place of entertainment permit to a club located in an sro building. they are just as entitled to the indictment of their home as anybody is. i think they have already indicated he will be doing another sound check. that is one of the sign-off's that you have to go through before your permit becomes legal. and then, if you could also explain how the process plays out beyond that if they are not able to contain their sound. if they continue to be complaints and people continue to experience what you described earlier. can you explain the process regarding notices of violation just so that you know what you're getting into? >> hail will have to go through a full sound abatement. personally, we have experienced clubs located directly and hotels, and those clubs have kind of a unique situation. it is not just guests for tourists that might be willing to put up a certain amount of sound, people living in the building have all the same rights as someone that lives in a home in pacific heights. we really take those considerations seriously. when we do this out test, there will be a few things happening. in the building, the units, and in the surrounding area. one of the things that will go into the sound test that will be written into your permit will be known as a sound cap which means your sound cannot be above so many dba. they all are given sound hoad's. once they are achieved moving forward, if we continue to have complaints, the very basic one will be taking a sound reading. we walked through the club and it is be of -- above their permit. that is immediate grounds to give a notice of violation horse with a notice of violation has been given, it is in the grounds for a citation. it will go up as high as $1,000. but also to be noted is that each citation, moving forward as notice or ground as possible suspension for that permit, and not being able to control their sound or being in violation of their permanent, the good neighbor policy. the other thing that we will do , we will also be able to make appointments and to take readings. and not giving prior notice to the club management in the surrounding area. i think that is all that. >> i have another question for the applicant, please pithead not -- please. >> there is always room for improvement. it is an ongoing process. i think we have a little bit more to do. >> i have a question for staff. the approval for security plans