Commission continues decision on contested 222 Hyde ‘Basement’ permit after neighbors and police object

The Entertainment Commission on Dec. 2 continued action on a contested place-of-entertainment (POE) application for 222 Hyde Street — known to neighbors as the Basement — after a lengthy hearing that included police testimony and multiple neighbor statements about noise and community outreach failures.

Larry Livingston, the applicant, described the venue’s history and said he had met with nearby residents and hired an acoustic consultant to propose mitigation measures (wall treatment, limiters, additional security). He told the commission the venue intends weekend programming with DJs and occasional open-mic or comedy nights and said he has at least one security employee and intends to add supervisory staff on busy nights.

SFPD’s Captain Jason Churness and Officer Torres opposed approval of a full POE at this time. Churness recounted a series of missteps: he said the applicant had at one point pursued a type 48 (full spirits) license before abandoning it, failed to do outreach to the immediately adjacent 200 block of Hyde until late in the process, and did not provide a security plan as part of the application. Officer Torres told commissioners that, given the building’s proximity to residences and documented vibration/noise impacts, a limited live performance permit (which carries earlier end times) would be more appropriate if the applicant can demonstrate mitigation and neighbor buy-in.

Neighbors from Faithful Fools and other nearby organizations testified they experienced persistent low-frequency bass in shared walls and foundations during earlier operations and said they received little consistent outreach from the applicant until recently. Sam Dennison told the commission, “I can't imagine having the kind of entertainment experience that he's looking for without having a high level of bass,” and other neighbors described repeated difficulties controlling bass and intermittent outreach from past owners.

Faced with competing views, commissioners first moved to deny the POE, citing Planning Code sections that require adequate safeguards against noise and a security plan; staff later pointed out that denial requires four affirmative votes under the code, and that motion failed to meet that threshold. Commissioners then debated a compromise — conditioning a permit to end entertainment at 10:00 p.m. nightly, requiring a passing sound test and significant soundproofing before amplified entertainment would be allowed, and a security plan to be approved by the SFPD captain — but that motion deadlocked. After further discussion the commission voted to continue the item to the next meeting (Dec. 16) to allow the applicant time to conduct more neighbor outreach and provide a more complete security plan and soundproofing documentation.

Why it matters: The decision affects how nightlife activation and safety balance with residential quality of life in the Tenderloin. Commissioners signaled they want concrete mitigation (sound testing, visible supervisory security, and station-captain sign-off) before allowing amplified entertainment in very small venues that directly abut residences.

What’s next: The applicant may either withdraw, supply the requested materials and return on Dec. 16, or request additional continuances. A denial would bar reapplication for one year; staff noted the applicant has the option of appeal.