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Commission approves extended-hours permit but narrows camera-condition language after privacy debate

San Francisco Entertainment Commission · May 21, 2013
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Summary

The commission approved Pizzelle de North Beach's extended-hours permit with police conditions but removed 'upon request' language, requiring exterior camera footage retention for 30 days; commissioners debated police access to indoor footage and asked staff to agendize a city-attorney briefing on surveillance policy.

The San Francisco Entertainment Commission approved an extended-hours permit for Pizzelle de North Beach (314 Columbus) while altering police-recommended language on video retention after an extended privacy debate.

Applicant representatives and project sponsor Stefano Casolato said the venue had installed interior and exterior surveillance. Central Station officer Steve Matthias recommended conditions to promote public safety: maintain security staff during late hours, keep surveillance footage for at least 30 days and make footage available to SFPD and the Entertainment Commission. Several commissioners objected to language that would allow access “upon request,” raising concerns about due process and indoor privacy.

Commissioner Hyde and others questioned whether the commission could require indoor footage without a warrant. Commissioners and staff distinguished exterior footage that captures public sidewalks from interior footage that records private activity. The commission revised the police condition to require retention of exterior-camera footage for 30 days (ending the phrase at “30 days”) but opted not to require automatic surrender of indoor footage without a warrant or clearer legal guidance. Staff and commissioners agreed to agendize a dedicated cameras-and-privacy discussion on the June 4 agenda with the city attorney to craft consistent policy.

The motion to approve the permit with modified camera language and other police conditions carried with recorded 'Aye' votes from Commissioners Lee, Joseph, Hyde, Perez and Akers.

Commissioners emphasized this decision applies to this permit and said it does not resolve the broader policy questions about when and how the city should require private operators to make surveillance footage available to law enforcement.