Street closure or anything and when it comes up for renewal and on its face you can actually take issue with that renewal. Typically that will be the case but what dpw has stated in this enstance is that the position is that they do not accept any, even though there was a renewal required and that it would have reupped the inquiry, they basically take the position in the absence of any sort of complaints on the part of the person who holds the permit that. They almost take a position. What is the time frame . So that was in. The renewal of the permit was not timely when we were contacting the dpw originally in february of this year and so that when what happened was they had been issued the new permit and it was issued i am sorry. And i apologize. And it was issued on february 20, it was issued on february 20, 2013. So when did you learn that your appeal would not be appropriate on an automatic renewal and taking it to the board of appeals you were rejected based on lack of jurisdictio
When i spoke to the owners directly, marrakech owners and operators made the choice to ignore environmental healths warnings and marrakech owners and operators knowingly and willingly continued to violate state laws by allowing their patrons to smoke inside the restaurant. The department does request the board to please uphold the 30day suspension of the tobacco permit thank you. Another question. Could the department have issued a greater number of days suspension based on the information that you had at the time . No. Thank you. Commissioners the matter is submitted. Based on the information presented and the factual history and legal standard, i think its a fairly clear case that the suspension needs to be upheld. I concur. I think the issue is how many opportunities has he been given . Its not an issue of what should culturally be allowed, but the fact that he has had notice multiple times and i would support the suspension. Ill move to uphold the suspension based on the record. We
Public works code section 184. 88. And that talks about the notice of intent. In terms of service. And i do have copies, if everybody would like them. Okay. I highlighted those. Thank you. They talk about your time is up. Can i just they talk about radius sorry. Thank you i was told that. Hi. I am not sure if i can speak or not. I am garys wife. I know that is not allowed. Sorry. I respectfully request. You can speak under rebuttal, if you want to. Gary and his attorney want to give you some of the three minutes you can speak during the rebuttal. Thank you. Hi my name is Joseph Ferguson and i have known gary since 1970. I no longer live in san francisco, but i have a daughter who is going to turn 29 this saturday who lives here and she went to school here and now she is starting her career. The thing about gary as scott mentioned, gary and scott started the holy bagel when i was roommates with them in the late 1970s when i lived in san francisco. I watched him create a business that wa