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tv   [untitled]    April 7, 2013 2:30am-3:00am PDT

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the things that the committee members in this committee values that kind of outreach, in particular speaking to the supervisor of that district, so i will be supporting the recommendation. >> thank you. let's open this up for public comment. anyone from the public that would like to speak? seeing none public comment is closed. i also have a note from supervisor kim's office where this business operates that there seems to be support and i appreciate mr. h anna's effort to reach out to the community as well so if there are no other comments colleagues can we move this forward with positive recommendation without objection? thank you. >> thank you everyone. mr. evans please call number three. >> item number three is a hearing to consider the transfer of a type one off sale general license from address fow to 500
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laguna street for krista avery and manuel bargiela for o camino dba nosa ria. >> is ms. avery or mr. bargiela here from the business? >> i'm going to put this jump drive in quickly. some pictures. i am krista avery. thank you for your time. manuel couldn't be here today. he is employed with a local company as a director of information of technology so he couldn't join me but i will speak on our behalf. are you able to see those pictures? >> yes. >> okay. it will just go through a slide show of pictures of the store. the first picture was manuel and there he is in the store front but i will let
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these go through as i speak if that is okay. if you would like me to stop it please let me know. so to introduce myself and manuel. i have lived in san francisco 15 years and manuel 13. we reside in glen park where we have our home for five years and i spent -- i started my career in san francisco with pricewaterhouse and the past 10 years i spent as a director -- well, in various positions and the most recent as the director of corporate finance at leafy straws and company. manuel is a director of technology with a local company. we decided to open nosa ria market and opened to a warm welcome from the area and neighbors and merchants alike and we are the only store in san francisco that specialized in foods and items
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all import friday spain. manuel is from spain. >> >> his family is still there and we saw this as a unique opportunity to open a market to provide san francisco with foods and we hope wine from spain. so we have a very unique selection of cured meats and cheeses and oils, vinegars, spices, sweets, et cetera. we would very much like to complement this selection with very well curated small selection of wines, sherries, andicidears all from spain, so our customers have expressed very enthusiastic demand for some of the wines and sherries andicidears. they're difficult to find in san francisco and we very much believe it will bring people to
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san francisco and hayes valley. i will stop this for a second, so we see that it's going to be a factor that will draw people as i said to the community. we did quite a bit of community out reach. in the file hopefully you have been able to see we have letters of support from richard pressel who is the president of the merchant's association and a long time resident of hayes valley. we have a letter of support from larry kronehander who is a board member of the negotiation association. we have a letter of support from dr. steven hurtman who is a long time resident of hayes valley and we have a letter of support also from supervisor breed's office. we also countless numbers of customers who remind me that they're very anxious for us to be able to provide them with well curated selection of wines
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and sherries from spain, so that is -- that's the community outreach that we have done, and that ends my presentation. thank you. >> thank you ms. avery. now from the alu. >> good morning. i am inspector [inaudible] from the san francisco police department. nosa ria filed a application with california alcohol beverage and control, abc seeking a type 21 for 500 laguna street. this location is located at plot 558 and it is located in a high crime area. this location is also located in census track 615 and located in an undue
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concentrated area. abc recorded one letter of protest and zero letter of support by abc. alu would recommend approval with the following condition. the one sales service and consumption of alcohol beverage shall be permitted between 11:00 a.m. and 9:00 p.m. each day of the week. no noise is audible and as depicted on abc form 257. loitering is prohibited on any sidewalk or property adjacent to the licensed premises under the control of the licensee as depicted on the abc form 257 data, 2012. the exterior of the premise shall be lighting of sufficient power to eliminate
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and questionable appearance of all persons on or above the premises. in addition the lights shall not disturb the privacy of any neighboring residents. no person under the age of 21 shall sell or deliver alcoholic beverages. size smaller than 200-milliliters is prohibited. no sales of malt beverages and wine coolers and beers of less than 16-ounce can't be sold in single containers and sold in pre-packaged multi-unit quantities. no wine shall be sold with alcoholic content greater than 15% by volume except for dinner wines which have been aged two years or more. wines shall not be sold in bottles or containers
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smaller than 750-milliliter. the petitioner shall utilize the electronic equipment to monitor the outside of the premises and all entrances and exits and recorded. the surveillance shall be operated during the open hours and kept at least 30 days and made available to the department or the police department upon demand. one note on march 20, 2013 julian [inaudible] was contacted and stated she agreed with the conditions. thank you. >> thank you inspector. supervisor wiener. >> thank you mr. chairman. thank you for the presentation. just first one thing to clarify and i have some questions. it indicates that there were no letters of support recorded
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with abc and one protest but of course in our package here we have -- i don't see letters again. i see letters in favor including from the neighborhood association, so there are quite a few letters of support in the packet. is that right? >> we did not receive the support. perhaps they didn't support it to abc. >> okay. >> that's what i guess. >> they're in our board packet today which is the packet i think comes from alu. anyway i just went through and there are quite a few positive letters of support including from the hayes valley neighborhood association and supervisor breed and no letters of opposition. so i want to just raise an issue and i actually raise this related to a couple of liquor license this past tuesday at our full board meeting and that has to do with condition 11. condition 11 as you just read requires the
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establishment to utilize electronic surveillance and recording equipment for all entrances and exits. it requires that that recording equipment be "actively monitored" which would presumably require someone there all day to watch it and kept for at least 30 days and made able to the police department upon demand, and as i understand that this is particular condition department has recommended it in quite a few liquor license around the city and i have concerns about this condition. i'm not philosophically opposed to electronic recording and i think that can be very helpful in some areas, in fact i requested in some areas in my
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district that the property owner put it up in a problematic area and there are merchants it's in their interest to have it and i understand the cameras can help the police solve crimes and i am not fis sofically opposed to surveillance but two years ago the police department came forward with a proposal to require surveillance of all bars and clubs or liquor establishments in the city as well as a requirement that bars and clubs scan the id's of anyone entering and maintain that as well to make it available to the police department, and i and others expressed opposition to that proposal and the police department i thought had backed away from it, and so i learned recently that the department has been inserting this condition, and there's been no public process around that condition, no discussion about whether we think it's a good thing or a bad thing. no discussion whether
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about it should be limited to bars or clubs that have a problem history as opposed to a spanish specialty food store that is going to be selling wines and sherries and cidars in the store and strikes me this is a city wide policy discussion whether we think this is good or bad or should be in a different forum and i am frankly not even taking a position whether this should exist in some form. it maybe perfectly appropriate. i have an issue with the police department having at some point starting inserting this on its own apparently without that broader policy discussion so -- and again this applicant in particular -- you know, i don't -- it's a pretty significant thing to mandate that a private business owner put up a
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surveillance camera and to say that this establishment which seems the exact opposite of some rowdy night club or bar where people are going in and getting drunk and really bad things are happening. this is a specialty grocery store that is asking to sell imported wines from spain providing a great service to the neighborhood and we're being asked to mandate that they put up this surveillance camera that they have to actively monitor, that they have to keep for 30 days, maybe available to the police on request without even a warrant and i don't support that, and i know that this is -- i did mention this to the chief yesterday and i'm not asking you to defend the department's policies, and this is probably at a different level of the department in terms of setting up policy, but i do have
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serious concerns about this, so mr. chairman i am very supportive of this license. i do -- i will be intending to make a motion that when we forward this it's with condition 11 removed. >> thank you. and i think a broader discussion of electronic surveillance requirements would be really important for this committee at some time in the future as well, but thank you for the presentation. with no other questions let's open this up for public comment. anyone from the public that would like to speak? and we have conner johnson from supervisor breed's office. >> yes. as krista mentioned supervisor breed is supportive of this application. this business contributes to the unique feel of the valley and she is highly supportive and i want to thank supervisor wiener about the letters of support and i am wondering the same thing. we wrote a letter of support as
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well as as the neighborhood associations and we fully support the application. thank you. >> thank you. is there anyone else from the public that would like to speak? seeing none public comment is closed. so colleagues is there a motion on this item? supervisor wiener. >> yeah, i move to forward this to the board with a positive recommendation and removal of condition number 11, and i understand just to be clear from the deputy city attorney that these conditions are recommendations to the abc, but when the board adopts a resolution on a liquor license i imagine we can do it with a statement that we don't want that particular condition? >> deputy city attorney john gibner. the ultimate authority is to say yes or no, this
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license serves the public necessity and convenience or it doesn't but in adopting a resolution approving it and that it's served you can recommend to the state any number of conditions. whether or not those conditions match the police department's recommendations. >> okay. i appreciate that and the establishment may decide to put up a camera in consultation with the police, with northern station i believe it is, or with supervisor breed's office if it's helpful. i know there are businesses more than willing to do that to help out but i have a problem mandating it so the motion move it forward with a positive recommendation and as well as removal of condition number 11. >> okay. >> supervisor yee. >> so i will be seconding that and i really don't want to repeat what supervisor wiener had said and i pretty much
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agree with his statements about mandating surveillance cameras. i think again if the owner want to be a good neighbor and help out with the community issues that would be great, but on the issue of mandating i am in agreement with supervisor wiener. >> thanks and thank you to ms. avery for the community outreach and the letters of support as well and good luck to the business. colleagues it sounds like we're unanimous with this and can we approve the motion by supervisor wiener without objection? thank you. mr. evans please call item number four. >> item number four is a hearing to consider the issuance of on sale beer license to cesar ascarrunz for cesar's ballroom located at 820 26th street. >> and do we have a representative from
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mr. ascarrunz here? >> good morning supervisors. >> good morning. >> i believe you know who i am. the beginning of my entertainment was in north beach and i was the only business at that time for 10 years that i used to do benefits for the youth program in the chinese community and also the italian community and also seniors. in the 60's i was the only night club to allow gay dances in north beach, no other club in san francisco area at that time was able to do that. even i help -- i never knew mr. harvey milk was gay. i helped him with the leaflets in north beach
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because i liked his style. when i moved to the mission district in the early 70's there was the quieto crime drug and 6:00 o'clock was finished. there are only two places on valencia -- [inaudible] and nothing else. up at the mission there was the a couple of places and a few produce markets and the excelsior district was [inaudible] or nothing. people say if you're going to open this business in six months you will sell socks on 20th and mission. take a look what i did in mission district. i built up that neighborhood so great. that's the best place now in san francisco. i never ever -- when i was 23 years on mission and i asked for police assistance. i used to have excellent,
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excellent security. any type of crime, anything stop. i was mentioned in 60 minutes with [inaudible]. i was invited to the white house by president regan, president bush, president clinton, president bush -- >> mr. ascarrunz, can i ask to you focus on the site and we have an important hearing coming up. >> yes. this is a simple operation. i am not opening this place because -- people don't leave me alone in the streets. we don't have a place to dance. we don't have a place for benefits, nothing. it's no more cesar latin plaz plaza -- >> this is about the liquor license. >> it's beer and wine only just from the place is very nice. it's a beautiful place. i am
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saving -- i talked to a lot of people in the neighborhood, even to people and tell me welcome to this neighborhood soy this is simple operation. they're going to dance and also in case you want to know when i was in cesar's i don't -- donate and people were dancing for free. nobody in the country has that -- nobody can touch that, so this is -- i'm not opening -- and also 50 people started working in that place. 50 jobs and myself -- god gave me everything and in the afternoons and tomorrow on the radio which i -- mention the city and the police department. the police department are helping. this is something
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peoples needs and this is what i am. >> thank you so much. i appreciate it. now a report from alu. thank you. >> mr. cesar ascarrunz has filed a application with alcohol and beverage control seeking type 42 wine and beer premises for 820 26th street. the premises located in plot 321. it's not located in a high crime area. this premise is located in census track 9809. and it is currently located in undue concentration area. abc received one letter of protest and no letter of support. the
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department recommendation. there is no opposition from the bay view police station if mr. ascarrunz agree to the recommended conditions. alu recommend approval with the following conditions. condition one sale and consumption of alcohol beverages shall be between 7:00 a.m. and 12 midnight sunday through thursday and 7:00 p.m. to 2:00 a.m. friday and saturday. the petitioners are responsible for free of litter over the premises which they have control. loitering is prohibited on sidewalk or property adjacent to the premises under the control of the licensee as depicted on the abc form 257. graf fey shall be removed from the premises and parking lots under the control of the licensee within 72 hours of application. if the graffiti occurs on a friday or weekend day or
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holiday the licensee shall remove it within 72 hours following the beginning of the next weekday. [inaudible] of premises shall be with lighting and -- questionable the appearance and conduct of all persons on above the premises. additionally the lighting shall not disturb the normal privacy of neighboring residents. no noise shall be audible beyond the area of the licensee as depicted on abc form 257. interior lighting maintained shall be [inaudible] the appearance and conduct of all persons and patrons in the portion of the premises where alcohol beverages are sold, served delivered or consumed. this license shall not be
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exchange for on site general license. the petitioner shall use electronic recording to monitor the premises and entrances and xitds and actively recorded. this electronic surveillance used during the operating hour. recordings shall be kept at least 30 days and made available to the department and the police department upon demand. note inspector vankoa met with the applicant and they discussed [inaudible]. thank you. >> thank you inspector. so mr. ascarrunz if you could just elaborate on what you were saying. go ahead. >> i don't have no problem. i am very [inaudible] to do something because it's easy to do the right thing because it cost less in the long run. >> so mr. ascarrunz usually a
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couple of points we make is have you communicated with supervisor cohen of that district and what kind of community support is there for the alcohol license? >> i talk to mr. gold stein and says welcome. and -- [inaudible] we like to have something different but i don't own the building and maybe you can recommend the public works there is no sidewalk. >> mr. ascarrunz have you communicated with supervisor cohen's office on this one? i understand you have and if you could elaborate on that please. >> i will do whatever i can. i have no problem. >> have you communicated with supervisor malia cohen's office? >> yes. did you talk to the people? yes. did you talk to
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the people? yes. they were very happy. >> thank you very much. if there are no other questions let's open this up for public comment. if there is someone that would like to speak please come forward. two minutes maximum per person. >> my name is mikeel nolan and a resident of san francisco since 1970 and living in bernal heights. hi the pleasure of meeting cesar ascarrunz and he's been a pioneer and a hands on guy. when you give him a license you know he's going to be responsible in managing the place, managing the people, welcome being the customers, taking care of security. >> >> and playing the 59's on in the. >> >> and playing the piano in the band. this is in a warehouse
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district. i showed cesar the place several months ago. it's an existing ball room which teaches ball room dance classes and he saw it and he talked to the owner of the business and introduced the idea of bringing more people into this very quiet warehouse district to do dancing so i strongly support this. i think it will be great. dancing is very popular in this city and it will bring to this lonesome area of the bay view some culture and excitement. >> thank you mr. nolan. anyone else that would like to speak? >> hi supervisors. thank you for your consideration of this item. the project sponsor did reach out to our office and our initial request was to get in contact with the dog patch merchant associations and the neighborhood association. we
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took the liberty of reaching out and showing the conditions that the alu suggested. they're primarily supportive given the industrial nature and no residents within 500 square feet. they are happy with the conditions proposed. we will continue to work with the sponsor to make sure there is adequate litter and graffiti removal in more than one location but i we can continue to work on through the implementation process. >> thank you. is there anyone else that would like to speak? seeing none public comment is closed. supervisor yee. >> i just want to say real quickly i will be supporting this -- >> are you biases a little bit here. >> a little bias. yes, i remember the club cesar's on mission, and it would be great if we have a