they reduced it based upon the recommendation to not approve. we went back to the police department, requesting that they have reduced their hours, would there be a problem. they have continued to say, yes, there remains a problem. this is the information that we got after the hearing from this board. >> wasn't this the case where the department had already granted her department and then later took it away? >> no, we did not grant her the permit. >> was their correspondence communicating to hurt that would indicate to any reasonable reader that the permit would be granted? >> there was correspondence to the applicant's stating that we have contacted the police department. we had sent out of the neighborhood notification. the police department said no. >> based upon? >> based upon the late night operation. these people continue to say no, they cannot support it. >> the dial is based on the first instance. people were serving coffee within the immediate area. >> i have no questions but if anyone on the commission would like to, there certainly welcome to. >> i thought that your department would determine responsibility for the food. >> this is as it relates to what is being served out in these areas. what we normally do is provide notification and as a perfect, do an evaluation upon the location. the expectation is the applicant had already made the evaluation initially. had we known that there were others similar facilities out there, we would not move this forward. this is the question of what is like food that the department continues to have trouble with. >> i think that the fact that there was other establishments in the area did not change. there was this same establishments that were there all along, correct? >> it is possible the challenge that we face and the other hearings that we have at this office, a food cart is on the sidewalk. this was a situation where it was provided. we continue to run into these situations. >> this is the moving target for someone like this applicant and it makes it difficult to get a permit. >> the participation in this is the fact that we're getting information from the ss t d dealing with there is adequate space for the cart and those kinds of considerations. i'm confused of that would be under their purview. >> with the placement of the card, there would be sufficient room to provide the minimum travel. >> you stand by that? the information as to whether there is no room, that is not for us to be considering? >> 7 not relevant in this case. >> it would be unfair to put both permits back to back in the same room under the same circumstances with the same people. they're going to mixed the two together and have an implication that one is not the other. however, like i fear that this is emerging information and hoesch and -- and it should not have gone that way. for someone to tell me that there is no difference in their opinion regarding the fact that i'm african, and that my return from africa, is really unheard of to me. so, when someone says that my coffee that i am providing is just like starbucks that they get from costa rica or from vietnam, and that we're all the same, is offensive. it is just offensive. i am not here to try to take away someone's to sit down business that sells pizza or italian food. they are not providing what i am providing. you all do not know perhaps about coffee and i don't have the time to educate you but i just want to let you know that it is very unfair to partner me what itunes seeing tonight. again, this has happened after the fact, after i have gone through everything, paid for everything, and was going to get a permit. the police officer came six months after and they denied my permit. this process has not been fair, it has not been righteous, and it is not based on food, everything the ordinance says. this is personal, this is regarding people that have interests outside of the ordinance. i followed the law and that is all i did. >> for the little time i have come i want to educate you a little bit more. when i first talked to you about getting this together within one community, and when the people came together, they were talking about this type of restaurant. is there no room for competition from an african-american ethnic food? there is room for everybody. why are you contemplating about allowing a coffee co. to be here? i don't see any reason why. you are here to make the right decision to correct the injustice and the rights of an individual. that is what you are here for. >> thank you. >> is any public comment on this item? >> good afternoon. i just want to say that over the few years and we will make some many numerous decisions. we are trying to have small businesses that are really crucial. this was made to be distinguished in that field. >> any other public comment? >> i just wanted to stand up here and give a voice to -- who owns a bakery. he is an immigrant running this bakery and coffee and i think someone walking down the sidewalk, being able to see the business may not differentiate where these are coming from. this could really hurt his business. i wanted to point that out that very close by there is another business. thank you. >> met his ask a quick question? how long has that business been in place? >> i have worked in the camry for two years and he has been there the entire time. i don't know how long he has been there. >> how long has he attempted to object? >> i don't know if he sent a formal letter in. >> thank you. >> any other public comment? >> i think it is important to understand there is a distinction between coffee. not all of us go to denny's to get coffee, not all of us go to starbucks. starbucks may claim that they have the similar things that every single time i go to starbucks, it is never on the burner. when someone is trying to provide something unique, you should let the market decide. this is america. we are about competition. if you will not let someone with a dream move forward, it is ridiculous and why are you here. >> would you care to state your name? >> my name is ryan. that is all you're going to get. >> commissioners, the matter is yours. >> i don't think that this is meant to be a rehashing of the facts. there was supposed to be new facts. i think that we went through this process and made a determination on it at the prior hearing. >> i would be so inclined as well. the fact that we have raised or already in existence at the time and to allow a rehearing would give this process the opportunity to deny this permit a third time. this is long over time to allow this permit to be issued. >> i agree with both commissioners that spoke before me. i really see no absolutely no basis for a rehearing request at all. >> one element that is important is that if it was noble. no fact came forward that was not knowable. when this case was going to be heard, dpw or the police force, or ever was involved in have discussed the fact that were brought before us. ms. lewis raises the fact that it is unfair to have the cases back to back which is iironic that these cases were completely different. what was most troubling was that the specter of racism was raised and i'm going to defend the police department if that's who she thinks was racist. dpw, if she thinks they were racist. it was unnecessary to bring something up that is irrelevant to this case. we decided purely on the merits and i resent that remark but i will move that we deny the request because there has been no new material brought forward that was not knowable before. >> i just wanted to address the comments of president garcia in that i think when an individual, and appellants from any individual that comes here to testify as to experience of racism. not take it personally. i'm not going to delegitimize it here in public. >> we have a motion to deny this rehearing request. >> aye. >> aye. >> aye. >> aye. >> aye. >> this rehearing request is denied it and a notice of decision and order shall be released. thank you. >> with the president's consent and in order to economize the resources of the various city departments, i would like to call item number 7. i want to make sure that the parties to that appeal are in the room. is the palin here for -- -- is the appellant here for eezy freezy? >> ms. lewis wanted me to ask the president if you could say one minute in response to the last comments. >> i don't think so. >> we're calling appeal number 12-024 doing business as eezy freezy, appealing a 20 day suspension of to bochco product sales stemmed from an imposed on that jury 15th, 2012. the reason is for selling tobacco products to minors. >> my name is rajai alkhalidi. i was not at the market when this happened. that does not mean much. i want to show you how desperate the financial situation is for that business at the moment. what i provided were bills from pg&e. i do not know if it was a sunny day or a sunday. the last piece shows until about 5:42 in the evening, what we took in was about 586. from these numbers, there is a sales tax that we have to pay. the numbers here show that this is not report the expenses over $2,000. this is over 3000 during the summertime. i made copies for about four invoices. those invoices, if we watched the time it would take and all of that, tobacco is what we sell a lot of. this is very slow. for the last four years, the situation has been pretty bad and i don't have to tell you that. i spent all of my 401k to support the business and keep it going. my credit cards are at the limit to keep the business going. i guarantee you, most of them in the evening will go there to buy the rest. i appreciate you listening and i don't know what else to say about the situation. i feel like a parent, you bring up the kid, you hope that they will do well and listen to what you tell them. it is hard for me to explain why and how it happened. i have nothing else to say. if you have any questions, i am happy to answer them. >> do you sell alcohol? >> yes. >> thank you, sir. within the past few years with the tobacco control program. it is a market. they sell organic produce, juices. they do have alcohol and they sell some tobacco products. this is a major hub in the city. the minor purchased it at -- at the hearing, they failed to offer any explanation and they have not offered a solution. i did not do the in thiinitial investigation but i did go to look at the store and see if there was any changes. i did not see any to date. i mentioned earlier, it is a transportation hub that brings a lot of high schoolers in the area. even today, i was walking into a high school and i asked where they were from. there was a large group from herbert hoover. the business has not offered any solutions. i request that you support the department's decision and uphold the suspension. >> the 20 day suspension, it seems to have gone to a more lenient place than the 25 day and i understand that it can be up to 90 days on a first offense. >> correct. >> what happened? >> i did not present the case at the directors hearing. i did present some cases today. the director, he took this into consideration. he takes into consideration first-time offenders. he takes it into account whatever information at the time. i was not there that day. >> this is not hold any information about the record. >> how was dr. --, we have not seen him in a while? >> it is there public comment on this item? seeing none, we will move into rebuttal. if you have anything to say, you have three minutes. >> there is a have a penny, take a penny. it talks about the age limit, what your you should be. when reborn. -- when were you born. a large number of use, it was talked about that it does not happen every day. some high school is when to go see a movie called the hunger something. if i had that kind of crowd, i would be a very happy person and i would not be here now. the whole school went to see it, 300 or four murdered people. -- or 400 people. i don't know what else to say. we are very careful. by the time someone uses a credit card, they charge us 50 or 60 cents. i am an ex smoker and i am ready to stop 20 years ago. that is all i have to say. >> thank you. miss young, anything further? >> thank you, commissioners. i would like to reiterate that when i visited the store, i did not see anything that suggests a change in procedures. this area