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Entertainment commission approves limited live-entertainment permit for 1217 Sutter, denies extended-hours request after mosque protests

San Francisco Entertainment Commission · June 18, 2024
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Summary

After hours of public testimony from mosque leaders and neighbors alleging sound and safety disruptions, the commission approved a Place of Entertainment permit for 1217 Sutter Street with restricted hours and conditions and denied the venue’s Extended Hours Premises permit.

The San Francisco Entertainment Commission on June 18 approved a Place of Entertainment (POE) permit for 1217 Sutter Street — known as 12 17 Lounge — but denied the business’s request for an Extended Hours Premises (EHP) permit after extensive public testimony from congregants at the adjacent Masjid Tawhid and other neighborhood speakers.

The commission voted to allow live entertainment (DJs, no live bands) on Friday, Saturday and Sunday nights between 11:30 p.m. and 2:00 a.m., subject to staff-recommended safety and sound conditions and an explicit carve-out that the POE will not be in effect during the month of Ramadan. Commissioners recorded an affirmative majority for the POE motion (President Ben Bridal: aye; Vice President Wong: aye; Commissioner Davis: aye; Commissioner Poggio: aye; Commissioner Thomas: no). A separate vote to deny the EHP passed (unanimous recorded ayes).

Why it mattered: mosque leaders, neighborhood residents, school staff and members of the Interfaith Council told the commission that Masjid Tawhid is a multiuse community hub where worship and youth programs require quiet and continuity of operations. Hani Ganji, an attorney representing the mosque, cited Municipal Police Code criteria the commission must apply when a proposed entertainment use is within 300 feet of a place of worship and urged denial. Jonathan Butler, vice chair of the San Francisco Interfaith Council, told commissioners that “the right to worship freely and peacefully is a fundamental human right that must be protected and respected at all costs.”

The applicant, owner Carlo Avasapien, described operational controls he said would limit impacts. Avasapien told the commission that his staff will use multiple guards and onsite surveillance and that the business will follow a door policy and sound-mitigation measures; he said, “We have 4 to 6 guards, Saturdays, Sundays. We control the crowd… At 01:30, we bring the music down, and 01:45, everybody’s out.” Manager James Mueller added that the business voluntarily shut down during Ramadan this year and shifted entertainment to accommodate prayer schedules.

Sound test and staff findings: Senior inspectors conducted a staff sound test, measuring ambient levels at the mosque and then with 1217 Lounge operating at the staff-set internal limit. Inspectors reported that the mosque’s ambient internal level measured about 45 dBA (quiet) and that with the business playing at its approved limit the mosque’s internal reading increased roughly 1 dBC in the test window. Staff noted the test recorded audible music inside the mosque but concluded the business was operating at the internally set limit during the measurement; neighbors, mosque leaders and many commissioners argued that intermittent louder operations and patron noise seen on other nights were not captured by the single compliance test.

Commission reasoning and conditions: Commissioners said they weighed two considerations: the code’s lists of legal grounds to deny a permit (including proximity to houses of worship and certain police objections) and the practical benefit of placing the venue under the Entertainment Commission’s jurisdiction, which allows inspectors to respond to 311 complaints and impose escalating fines. The approved POE includes staff-recommended conditions on internal sound limits (set per Article 29 procedures), minimum security staffing (four guards on busy nights; at least two positioned to monitor outside), door-policy screening and a requirement for a female guard for same-sex pat downs. The commission also specified that live entertainment hours begin at 11:30 p.m. and end at 2:00 a.m. on the approved nights and that the permit shall not be effective during Ramadan.

What’s next: Because the EHP was denied, the business cannot lawfully operate with extended premises hours beyond those granted by the city without a separate successful application. The decision and the details of the findings can be appealed under the municipal process by either party. Commissioners urged the applicant and mosque leaders to continue direct outreach; several commissioners said they believed bringing the operator under the commission’s jurisdiction would make enforcement and mitigation more feasible than leaving the business unpermitted.

Speakers (selected and first appearance): President Ben Bridal (presiding) — SEG 005; Carlo Avasapien (owner, 12 17 Lounge) — SEG 1454; James Mueller (bar manager) — SEG 1995; Jonathan Butler (vice chair, San Francisco Interfaith Council) — SEG 1761; Hani Ganji (attorney for mosque) — SEG 2276; Mohammed El Nuzayli (imam) — SEG 2386; Hala Hejazi (Interfaith Council) — SEG 3234.

Authorities referenced: Municipal Police Code Article 15.1 (section 10.60.5) and Article 15.2 (section 10.70.5) — provisions governing POE/EHP determinations and proximity to places of worship; Municipal Police Code Article 29 — sound-limit procedures.

Actions: POE permit for 1217 Sutter Street approved with conditions (live entertainment 11:30 p.m.–2:00 a.m., Fri–Sun; minimum security and sound mitigation; not effective during Ramadan). Vote on POE: President Bridal — aye; Vice President Wong — aye; Commissioner Davis — aye; Commissioner Poggio — aye; Commissioner Thomas — no. EHP permit denied (motion based on staff and SFPD recommendation grounds); recorded ayes from all voting commissioners.

Provenance: staff presentation and item introduction — SEG 1319 to SEG 1450; community and Zoom public comment — SEG 1752 to SEG 2238; in-person public comment and legal testimony — SEG 2246 to SEG 3210; staff sound-test and technical findings — SEG 1388 to SEG 1417; commissioner deliberation and votes — SEG 4832 to SEG 4982.