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Entertainment Commission continues Hue nightclub review and orders final sound data

San Francisco Entertainment Commission · January 16, 2018
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Summary

The Entertainment Commission voted unanimously to continue its review of conditions on Hue nightclub's permit pending completion of soundproofing and submission of independent sound-study data after neighbors reported persistent bass vibration and staff cited technical gaps in the evidence.

The San Francisco Entertainment Commission on Feb. 16 continued its review of conditions on Hue nightclub's place-of-entertainment permit, directing the owner to finish remaining mitigation work and deliver third-party sound-study data before the matter returns for decision. Commissioners said they want completed measures, interval measurement data and consultant testimony so the body can evaluate compliance with city noise limits.

The commission's action followed hours of technical testimony and public comment. Owner Bennett Montoya and counsel Robert Bloom told commissioners the venue has completed most exterior mitigation and is finishing an internal door sweep and other measures. Bloom said the club has long-standing community ties and cited appeals-board findings that substantially discounted past allegations: "Of the 52 alleged violations, eventually the appeals board of the ABC found that only 4 and a half of the 52 were sustainable," Bloom said, arguing enforcement outcomes did not support broader allegations.

Inspector Sean Burke explained the enforcement framework and the sound limits used for compliance testing. Burke said the inspectorate uses code-based measurements at the property line and had assigned an internal limit designed to keep the venue within the ambient threshold outside: "The internal sound limit is 98 decibels A-weighted and 110 decibels C-weighted," he said. Staff and consultants described an external ambient in the alley near Broadway at about 80 decibels C-weighted and noted that standing-wave effects in the alley can amplify perceived vibration.

Neighbors documented continuing disturbances. Andrew Diamond, who lives at 2 Roland Street across the alley, said the bass still vibrates his walls and wakes his children at night despite mitigation efforts: "Even though you put the 12:00 restriction on, they still play music after midnight... it's literally vibrating my walls," Diamond said. Multiple residents and the Broadway CBD district manager, Dominic LeMandri, urged the commission to require complete, verifiable data before any adjustment to permit conditions.

Commissioners pressed for specific deliverables before reconvening: (1) finish the remaining hardware/door-sweep work and certify it done; (2) provide a formal independent sound study with time-stamped interval samples and clear indications of internal playback levels used during tests; and (3) ensure consultants who prepared the tests (named in hearing materials) and Inspector Burke are available at the follow-up hearing. Commissioner comments made clear the commission will rely on standard third-party sound-study formats used in RDR and permit reviews.

The commission's vote to continue was unanimous. Staff will coordinate with the permittee on scheduling the resumed hearing once the work and the required data are submitted.