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Entertainment Commission suspends La Officinapermit for 30 days after finding security-plan, permit violations tied to May homicide

San Francisco Entertainment Commission · November 7, 2017
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Summary

After a contested hearing focused on a May 28 shooting and repeated permit noncompliance, the San Francisco Entertainment Commission found La Officina violated its security plan and permit conditions and voted to suspend the venue's place-of-entertainment permit for 30 days; written findings will be prepared for adoption on Dec. 5.

The San Francisco Entertainment Commission voted on Nov. 7 to suspend the place-of-entertainment permit for La Officina (permit EC1216) for 30 days after finding, by a preponderance of the evidence, that the venue failed to comply with an approved security plan and other permit conditions and that an employee or agent of the permit holder engaged in conduct on the premises tied to assault and discharge of a firearm.

Acting Director Maggie Weiland, who brought the charging documents, told the commission that an employee of La Officina was the subject of a felony complaint filed with the San Francisco District Attorney's office related to the May 28 incident and that inspections by the Entertainment Commission found multiple violations of permit conditions, including nonfunctional or absent surveillance, missing guard cards and failure to provide a monthly calendar of events to Ingleside Station. "La Officina has not been a good neighbor," Weiland said, asking the board to suspend the permit for the maximum period allowed by the police code.

Permitholder counsel Susan F. Reyes told the commission that the director's complaint relied on exhibits that were not properly authenticated and that criminal allegations in a felony complaint do not equal proven facts. "There has not been direct evidence as to how a code section is violated," Reyes argued. The owner, Jose Escalero, testified that he was working the night of the incident and that security was provided by a third party; his testimony acknowledged remedial steps since the incident, including equipment updates and scheduled training.

Inspector Sean Burke testified that he inspected the venue on Sept. 1 and again on Oct. 6 and issued administrative citation #21649 (which he said had been paid). Burke described repeated violations of the venue's Good Neighbor and security policies, late arrival of security staff relative to the revised plan, missing guard cards and that required metal-detecting wands were not in use at the time of his inspection. Captain Joseph McFadden of the Ingleside precinct testified that officers repeatedly linked neighborhood disturbances to the venue and that surveillance footage from the May incident was not available to investigators.

The commission debated the appropriate evidentiary standard (noting the quasi-judicial, preponderance-of-the-evidence standard that applies to municipal permit enforcement) and considered multiple motions. By roll call the commissioners (Perez, Cavanaugh, Thomas, Tan, Bridal and Lee) voted in the affirmative on motions finding violations of the approved security plan and permit conditions and finding that an employer or agent of the permit holder engaged in conduct that would constitute assault and discharging a firearm. The body then voted to suspend the place-of-entertainment permit for 30 days. The commission directed staff to prepare written findings supporting the decision; those findings will be exchanged with the permit holder in advance of a Dec. 5 meeting at which the commission will adopt final written findings and set the suspension start date.

Neighbors who testified described persistent late-night fights, drug activity and slow emergency response; several said they feared for community safety following the homicide. Supervisor Asha Safai (District 11) told the commission she had received numerous constituent complaints and called the venue's post-incident follow-up "deeply concerning." The permit holder later said that cameras were repaired, training had been scheduled and other steps taken since the director's filing.

The suspension order does not revoke other licenses (for example alcohol sales) and, according to staff, the venue may continue lawful non-entertainment activities during the administrative process. The commission also left open procedural steps and directed staff to provide the permit holder with draft findings and an opportunity to respond before the suspension becomes final.