Entertainment Commission asks director to present amendments on Live Nation America’s Cup permit to Board of Appeals

The San Francisco Entertainment Commission on April 16 voted to direct its executive director to present a package of suggested amendments to the Board of Appeals concerning Live Nation’s conditional place-of-entertainment permit for the America’s Cup Pavilion.

The motion, moved on the record by President Newland and seconded from the dais, asks the director to recommend that paid concerts be eligible for a half‑hour curfew extension, that Live Nation submit curfew‑extension requests to the San Francisco Police Department at least 10 days in advance, that SFPD be encouraged to consult with the neighborhood steering committee on such requests, that all site improvements be removed and any damage repaired by October 31, 2013, and that there be no more than 30 concerts at a maximum capacity of 9,287 (or the capacity set by the San Francisco Fire Department). The commission voted by roll call; Commissioners Lee, Joseph, Hyde, Perez and Akers recorded “Aye.”

Why it matters: the pavilion permit has generated sustained neighborhood opposition and an appeal to the Board of Appeals, scheduled for May 8, 2013. Because the permit is under appeal, the Entertainment Commission does not have final authority to amend the permit but can present recommendations to the Board of Appeals. The commission’s action packages operational conditions the commission’s staff and other city departments would enforce or ask the Board to impose.

Traffic and public‑safety testimony: Lee Militello, director of security and enforcement for the San Francisco Municipal Transportation Agency, told commissioners the MTA has worked with Live Nation on a transit and traffic plan and said he is confident MTA resources and deployment experience will mitigate neighborhood impacts. Militello said MTA typically does not publish detailed deployment plans for operational flexibility but will attend neighborhood meetings and provide contact information for follow‑up.

Neighborhood opposition and support: Several residents told the commission they oppose changes while the appeal is pending. Gary Bodo of 101 Lombard Street said the steering committee does not represent homeowners and accused Live Nation of obtaining the permit through “deception, misrepresentation.” In contrast, Brian Hornbeck, representing IATSE Local 16 and the San Francisco Skateboarding Association, urged the commission to allow concerts through 10:30 p.m. so union members could work the events. Recreation and Open Space for the Waterfront informed the commission it had filed an appeal and that the permit is suspended while the appeal proceeds.

What happens next: the Board of Appeals will hear the appeal in early May. The Entertainment Commission’s director will present the commission’s recommended language to the Board; the final terms of the permit will be set by the Board of Appeals and by conditions that permittees must meet during the departmental sign‑off process.

Quotes: “They will no longer be doing business with that promoter,” Marsha Garland said in public comment about a separate venue that recently closed. Resident Gary Bodo told commissioners: “This is a typical Live Nation technique, obtain a permit with deception, misrepresentation, and then come back and tweak it when nobody else is looking.”

Outcome: The commission approved the motion to send the recommendations to the Board of Appeals by roll call vote. The appeal remains pending, and the Board of Appeals will determine the permit’s final terms.