♪ >> welcome to hamilton recreation and aquatics center. it is the only facility that has an integrated swimming pool and recreation center combined. we have to pools, the city's water slide, for little kids and those of you that are more daring and want to try the rockslide, we have a drop slide. >> exercises for everybody. hi have a great time. the ladies and guys that come, it is for the community and we really make it fun. people think it is only for those that play basketball or swim. >> i have been coming to the pool for a long time now. it is nice, they are sweet. >> in the aquatics center, they are very committed to combining for people in san francisco. and also ensuring that they have public safety. >> there are a lot of different personalities that come through here and it makes it very exciting all the time. they, their family or teach their kids have a swim. >> of the gem is fantastic, there is an incredible program going on there, both of my girls have learned to swim there. it is a fantastic place, check it out. it is an incredible indication of what bonn dollars can do with our hearts and facilities. it is as good as anything you will find out why mca. parents come from all over. >> there are not too many pools that are still around, and this is one-stop shopping for kids. you can bring your kid here and have a cool summer. >> if you want to see some of the youth and young men throughout san francisco play some great pickup games, come wednesday night for midnight basketball. on saturdays, we have a senior lyons dance that has a great time getting exercise and a movement. we have all the music going, the generally have a good time. whether it is awkward camp or junior guard. >> from more information, visit >> at the san francisco recreation and parks department we offer good quality day care of your child will love, including outdoor adventures, aquatics, and programs for children on the optimism -- autism good morning, welcome to the regularly scheduled meeting of the city operations and neighborhood services. i'm shawn ellsberg, joined by christina olague. could you reese item one? >> hearing to consider issuance of type 40 license to the roxy at 3117, 16th street. >> thank you, mr. clerk. we are joined by inspector lazar. >> good morning, supervisors. >> your report. >> the applicant has filed for an application with the abc, seeking an original type 40 on the sale of beer for 33131716th street on the south side of 16th between albian and valencia streets. for the purposes of this hearing, the california department of alcoholic beverage control, abc, seeks a determination with the board of supervisors as to the approval or denial of this license. police calls for service for august 2011 to august 2012, 29 calls for service. police reports during that same time period, no record. this promise is in lot 413. the high crime area is defined as 215 or more reported incidents in a plot. this plot has 472 reported incidents recorded for 2010. this is over the high crime area definition by 257. the applicant premises is located in a high crime area. this premises located in the census track 202. on sal license authorized by census track is 22. active on sale licenses, 37. the applicant premises is located in an undue concentration area. letters of protest, no record with the abc. letters of support, no record with the abc. no opposition from mission station. the police department alu recommends approval. the following conditions have been recommended to the abc. number one, sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 11 a.m. and 1 a.m. daily. two, sales, service and consumption of alcoholic beverages is permitted only on days the theater has a bona fide theater performance or movie. three, sales, service and consumption of alcoholic beverages shall be permitted only to the lobby area, as depicted in the abc257. four, sales, service and consumption of alcoholic beverages shall be made only from stationary bar or waiter-waitress services and shall not be sold to customers by individual ambulatory vendors. five, the petitioner shall post signs measure nothing less than 12 inches with lettering no smaller than two inches in height that read, no alcoholic beverages beyond this point at all permitted exits and entrances to the theater seating area, as depicted on the abc257. six, any employee or security guard shall be assigned the responsibility of ensuring all alcoholic beverages stay inside the permitted lobby area whenever the privileges of the abc license are exercised. seven, the sale of alcoholic beverage for consumption off premises is strictly prohibited. eight, beer shall be dispensed, sold and served only in containers being no larger than 16 ounce capacity. these containers shall bear distinctive markings, making them easily discernible from other non-alcoholic beverages provided by the licensee. nine, no person may be served and/or shoulder more than two containers. ten, the petitioner shall remain responsible free of litter the area adjacent to premises they have control, as depicted on abc 257. 11, loitering. that is defined as standing idly by, linger without lawful business. is prohibited on any sidewalks or property adjacent to the licensed premise under the control of the licensee, as depicted on the abc 257. 12, no noise shall be audible beyond the area under the control of the licensee, as defined by the abc 257. 13, the exterior of the premises shall be equipped with lighting of sufficient power to illuminate to show conduct on all premises. lighting should not disturb normal privacy and use of neighboring residence. 14, inther your lighting maintained shall be sufficient to make discernible appearance and conduct of all persons and patrons in that portion of premises where alcoholic beverages are sold, served, delivered or consumed. thank you. >> thank you, inspector. the project sponsor is here. any comments? don't need to if you don't want to. no objection to the conditions. okay. no objection to the conditions. is there any public comment on this item? seeing none, public comment is closed. mr. gibner, could i ask you to explain briefly the -- if this is a new method or how you suggest we move forward? typically we would just say we will adopt the recommendation but your suggestion now would be to do what? >> don gifford, deputy city attorney. the department of alcoholic beverage control recently sent alert to the clerk's office informing us that going -- the board essentially under state law has the authority to make a finding that the license would serve the public convenience and necessity or would not serve public convenience and necessity. up or down or yes/no decision but the board does not have the authority to make a yes decision with conditions. yes, we will make a pcn finding if -- that doesn't mean that the department won't listen to the board's suggestions, but the department has indicated they will take them only as suggestions. so going forward we would recommend that the board either adopt -- include that the license will serve public convenience and necessity or not serve public convenience and necessity. if you find yes. yes will it serve public condition convenience and necessity and want to attach conditions, you adopt those as recommendations as opposed to conditions on your yes vote. >> and mr. clerk, you understand that as you draft the motion that will be in front of the full board? >>