i was wondering if you know, if those things are salolved. i was wondering what your -- >> this is the same owners, same a management group. as far as issues that department 24, since that report, if i'm correct, that security is gone. there is a new security company. after that incident, apartment 24 released their current security company. we have not been receiving reports on sidewalks being blocked for that kind of stuff. >> my question to the applicants, what did you learn from that experience that you will apply to your new venue? >> my client learned that he cannot hide anymore, for one thing. he felt bad about that. he fired all of the security people, brought in a new security. he was going to give back. he is a half owner in that place with an investment banker. he was going to give back half of his ownership because he said there is no upside on broadway. there is only down side of broadway. now i have bigger venues, i have things that, if anything happens, is going to reflect poorly on my other places. i think there is a possibility there is an offer on the table. there is a chance he is going to hand back apartment 24 and leave broadway. which you have to remember, duc is one of these guys, at by low and sell high. he bought verizon for a gun -- horizon for a good price. if you remember the end of an apartment 24, robert nunez, we had to take it over because we were afraid the abc was going to shut it down. we came in prematurely on that one. it was a distressed property. some of these venues, with the leases of up,duc has a good report on the owner of the building. he got a deal on that. as i said last time, made is not fair to beat on their heads. with apartment 24, anytime you have a drug sale, a knife, a gun, some sort of a violent incident, the buck stops with the owner. we take this very seriously. any time anything that happens is any of his clubs, at heads will roll. there are 200 employees. they know they had better do right. they memorize security plans. i like this because i give them a security plan and ronnie was all over me today with the security plan. i said to draft a new one. we learned a lot off of this. >> thank you. anybody else? is there somebody from the police department? >> good evening, commissioners. we are requesting the denial of the permit due to a couple of factors that i have been looking into. one is the location of the clock back. it is located where there are three exits from that club due to the layout of the street and there is access to three freeways close to the club. in the past, we have had incident at that club. it is hard to contain the that area. we have had to call in squads and highway patrol just to contain. i have been working debut and that was my car sector for about six years. when they were having venues, i was the officer in charge of that location. i have lot of experience with that particular club on top of doing some overtime work, working of venues. also, since the applicant applied for the hours, i took it upon myself to look at the actual file for the other clubs. the applicant has a series of other clubs with a lot of reports of a lack of control by security and within the clubs. that is a matter of concern to have to do with that after hours. it was a concern for the type of report that i have seen from those establishments as well. if the requests were granted for extended hours, we requested be extended for an hour to 3:00 a.m. or 4:00 a.m. at the latest. i did submit a list of conditions for the entertainment permits as well. i request of those be submitted for the after-hours, if it is extended. we also requested that they have cameras to record patrons entering and exiting the building. but they have a monthly calendar of events that would be submitted. if an event is not on the calendar, it be submitted to the station two weeks in advance. and that security will monitor the area in the front of a club due to its being set back. they cannot see around the club. >> may i ask a point of clarification? the areas you are having trouble contain ing, did they happen after hours? >> not any of them that i have noted. >> i have questions. one was the last time that there was an incident at to this club where you had a hard time containing it, the people were taking off and getting on the freeway? >> not offhand. >> within the last six months? >> no. i have been off to patrol for a little while. >> the other clubs you looked into for this applicant, can you tell us which ones they work? >> i looked at the file for apartment 24, horizon, and also one other club, which i believe the applicant was not on the club. he was applying but it was closed. >> that was a long time ago. ok. are you familiar with our good neighbor policy? >> i am. >> i have a question what she is reviewing the stipulations. if the club has not had a record of problems in and after our venue, and you had requested the close at 3:00, possibly 4:00, what is the advantage of closing at that time as opposed to later? if there are people in there and they are dispersing throughout the night, what is to be gained by making them leave earlier? >> i am looking at the bigger picture at what goes on at night. our workload is, can be a very strenuous on the officers we are working. in the past when we have had to go to that establishment, it took the majority of the work force. we're trying to contain that sort would not go past that hour. commissioner hyde: i am thinking if they go to 6:00 a.m. or something they're not going to drive down on your resources what you are responding to weather problems in the community -- to other problems that arise in the community when people acting out. >> we came to the conclusion to to the reports from the other clubs and the fact that we were trying to contain it to stop at a certain hour. it would be helpful if it were to o'clock. -- 2:00. >> what does their access to their freeway have to do with it? >> we have had other clubs in the vicinity. normally when something happens, they have not had cameras. usually the person involved by the time we are able to respond, they have jumped on the freeway. it is hard to contain this one because they have access. >> is an that penalizing the club for something they have no control love? they did not build a freeway. >> it is not the only reason. it is one aspect we have to look at. >> i am wondering, since -- are there cameras at the club now? >> going over your conditions, the phone number of the on duty manager is irrelevant. install visual recording cameras, they have that. we can request 30 days. a calendar of events is fine. patrons will be refused entry of their identification is damaged. that is normal stuff. security shall not allow the eight persons involved in altercations to leave the premises. that is also in the security plan. to keep the peace of the immediate area, security shot patrol those areas where patrons are most likely to park. are you asking them to patrol beyond 50 or 100 feet from the premises? >> know. where the club is located, they are using public transportation. they cannot be seen from the front of the club. >> my question is, that is more than 50 or 100 feet away. i do not know that we can legally require civilians, even though they are security guards, to patrol beyond the area required by the permit. we would have to check with that. maybe i can ask staff. the 15 people in the smoking area, unless the applicant has a problem, i do not have a problem. i have a problem with no q shall be allowed for patrons waiting to enter after occupancy has been reached. that is the lifeblood of a business. where would you like the people to -- i do not understand. i do not agree with that. i would not want that. people have to be able to stand in line. everybody stands in mind. no boy during is good. -- loitering is good. i am good with all of the stuff wexcept number 8. most of it is in their security plan. where our good neighbor policy. -- or our good neighbor policy. commissioner hyde: anybody else want to chime in? any questions? thank you, officer. all right. commissioners, and more -- we have public comment. >> i have come to speak as an industry advocate for this. i think it is a seamless transition. it is a stabilizing force because the management is going to continue to manage. that is going to rub off on the rest of the people that are new to the location. i disagree with the police department that the area is not conducive. most people have issues when the neighbors are concerned. 90% of the problems are neighborhood concerns. noise is not going to be a factor because it is an industrial area. i want to encourage more business in the bayview. i have spoken and heard supervisor cohen encourage people to go to the bayview. i just did a party at the clam house. we need to bring business and it stimulates the community. the camera issue, and d know thatu -- i know that duc has installed a state of the art camera system. we will know who was there. overall, i think this thing should go until 6:00 a.m. if need be, a six month timetable to come back and evaluate. full steam ahead. i think the bay view needs it. i think these are the right people. they have the resources to make the necessary changes to make this a prosperous place. i look forward to you are approving this. >> any other public comment? the issue is with the commission >> i would like to make a motion to approve conditional grant, including our good neighbor policy as written. and police conditions 2 through 7, 9 through 15. eliminating number 8 and number 16. the conditional grant shall be for a place of entertainment and extended hours permit. that is my motion. >> are we going to have a condition for time? >> it is a standard permit with no conditions of time. >> we were going to reexamine it. >> if there is a problem with this permit, we will know it. he will bring it to the commission. the staff has mediation power and power of enforcement. i trust the staff to do that. that is my motion. >> we have a motion on the floor. >> can you repeat that? >> ok, i will repeat it. my motion is i move to approve for a place of entertainment extended hours permit, including our good neighbor policy, and all of the police conditions except condition number 8, which is no queu shall be formed. that does not work with business. and number 16, limiting it to 2:00 in the morning. >> i would like to second. >> any further discussion? i have one comment, i forget your exact terms or your wording when you referred to the people that were objecting to a late hour hamburger place. i think it was inappropriate. in this role, we have to weigh the values of the committee against the values of the venue. for people to not want something in their neighborhood, i do not think they should be referred to in the terms that you did. they have a right to express their disagreement. i am sure people have people sitting on their front steps and all of the things associated with light -- late night things that are a negative pull on a late-night venue. we will continue to attempt a balance with the community and the entertainment industry. it is fair to say everybody should have a fair voice without being criticized whether they support or do not support a particular thing. i guess we can call the roll. commissioner perez: yes. commissioner hyde: yes. commissioner joseph: yes. commissioner tan: yes. commissioner hyde: item 5d, luu duc, roccapulco. a place of entertainment. >> this was before you earlier this year. it needs to be before you again because of a procedural error the first time. >> what was the error? >> the commissioner next to you. >> what was that? >> there was a conflict of interest. >> with you? >> at the last meeting he recused himself. too late. all right, i see. gotcha. what are we doing now? we're doing it again? we're starting over. ok. is there somebody to speak for the club? >> i am appearing for roccapulco. i have with us tonight the former owner and the current managing, general manager and head of security, tony. he was out of town last time. he was at the nightclub show in the las vegas and we did not get a chance to hear from him. i passed around some pictures. this is the largest latino club for about 100 miles. it place a salsa music. it has been here since i moved to town in the early 1970's. it is a great venue. it is a large venue. the matter was heard last time, tony is owed, he bought a club on a promissory note. the notes came due. he had occasion to meet duc luu. duc was interested in coming in, providing the money put his corporation as the management of that location he asked -- location. he asked tony to stay on. i went on a neighborhood meeting and i was surprised when i walked in. i am used to people not being happy with nightclubs. my surprise was how beloved by the neighborhood group he was because it appears that five or six years ago he had cleaned up the club and got rid of all the problems. i believe this got passed around. i have put in an amended questionnaire. there was an issue last time in the recommendations, on page 2 there were a couple of changes. we forgot to put tony in as a manager. the other changes we wanted to do seven days a week a dj starting at 9:00. i admitted -- omitted, he would like the right also if the book a big band. there was some issue on the conditions that had to do with, bear with me here, had to do with promoters. i'm going to have tony speak in a second. he told me, ricky martin has played there in the last few years. that is always brought in by a promoter. a promoter who will have an act. this is how the business is run. that condition would pretty much put any live acts and put this business in jeopardy. i would request that not be added to the permit. again, i will not go too far into it but we did have a meeting with the neighborhood groups. they seem to be happy with what is going on. the list of that is on the ande, the neighborhood outreach, it was -- i apologize. it was the -- he will speak to that. they do a lot of charity events for some of these folks out there. if you will bear with me, i would like tony to say a few words on the history of the club and talk about what he is doing now. >> i'm going to try to make it brief because i know you want to get out of fear. i have been at roccapulco for five years. i own it with my brother. we took the management for about eight years. we have killed it -- kept it a place where we bring people into town. we have fundraisers, we have done a few pre-parties, at the mission district, carnival has done some of their events there. we are continuing to open the doors. he had the vision to continue doing the stuff we're doing there now. >> any questions? >> i'm curious about your sound system. you say you have a five jbl monitors. >> they are for live music. commissioner joseph: your floor days, i do not recognized thisjbl model. >> they are under the stage. >> facing the door? >> facing the wall. commissioner joseph: you rig is flown? how often do you use live acts scheduled by promoters? >> pretty much every friday and saturday. sometimes you just have live music. and we do is also a lesson. -- a salsa lesson. commissioner joseph: will there be a change in the operation? >> it is the new management's intention to keep it as it is. commissioner joseph: live music is promoted by promoters around the country. like my indignation, -- live nation, it is true of that music. >> any other commissioners have questions? is there any public comment? sing and, the matters with the commission. i will entertain a commission. commissioner joseph: ok, i move to approve a congressional grant for a poe. i will incorporate the police conditions except item number3 which says the applicant will post ended here to the san francisco planning code -- and adhere to the san francisco planning cut. they shall not make any structural changes without any