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Board upholds Entertainment Commission conditions for 1217 Lounge after mosque objections; appeal denied 4–1

San Francisco Board of Appeals · July 17, 2024
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Summary

After hours of public comment from Masjid Tawhid congregants and testimony from the Entertainment Commission and the lounge, the Board of Appeals denied an appeal by 1217 Lounge challenging permit conditions that limit live entertainment hours and prohibit entertainment during Ramadan.

The San Francisco Board of Appeals on July 17 denied an appeal from Next Level SF LLC (1217 Lounge) challenging conditions placed by the Entertainment Commission that limit indoor live entertainment to Friday–Sunday, 11:30 p.m.–2:00 a.m., and prohibit entertainment during the month of Ramadan.

Counsel for the appellant argued the Ramadan condition and restricted hours impermissibly favor a religion and asserted First Amendment concerns. "The proposed condition that this business cannot operate with a DJ or entertainment for an entire month during the holy month of Ramadan will be fatal to this business," attorney Mark Rennie said, arguing the condition could violate the Establishment Clause.

Entertainment Commission Deputy Director Caitlin Azevedo said the commission imposed tailored time, place and manner conditions to accommodate the adjacent Masjid Tawhid, which had testified that prayer services include long periods requiring silence and that congregation prayer times sometimes run late. Azevedo said staff conducted sound tests and that the commission relied on SFPD and sound-inspector recommendations when it approved the permit with conditions.

Dozens of congregants, mosque leaders and neighborhood residents testified that music from the lounge had been audible inside the mosque during prayer and urged the board to uphold the Entertainment Commission’s decisions. "The quiet and concentration required for our prayers and religious studies are incompatible with the ambient noise from 1217 Lounge," said community representative Hala Hejazi.

Several commissioners framed the issue as a neighborhood compatibility question under police code §10.60.5, balancing a nightclub’s operating needs against a place of worship’s need for quiet. After deliberation the board voted 4–1 to deny the appeal and leave the Entertainment Commission’s conditional permit in place. Commissioner John Trezvina opposed.

The Entertainment Commission retains enforcement tools — sound testing, citations, permit reconditioning and suspension or revocation — if future complaints show noncompliance with permit conditions.