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Board of Appeals adopts MOU to hear Port entertainment permit appeals

San Francisco Board of Appeals · June 4, 2014
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Summary

The San Francisco Board of Appeals voted unanimously to adopt a memorandum of understanding with the Port of San Francisco so the board will handle appeals of certain entertainment-related permits on Port property, streamlining collections and avoiding a conflict where the Port both issues leases and hears appeals.

The San Francisco Board of Appeals on June 4 adopted a memorandum of understanding with the Port of San Francisco that will route appeals of certain entertainment-related permits issued for Port property to the Board.

The agreement, presented by Board Executive Director Cynthia Goldstein, was explained to commissioners by Monique Moyer, Director of the Port of San Francisco. Moyer said the Port’s charter reserves it wide authority over its property and that “it’s a little awkward for [the Port] to be approving a lease or a license and then being the appealing body at the same time.” She asked the Board to accept appeals for entertainment permits so the Port would not both grant and adjudicate such matters.

Board members asked how often the Entertainment Commission issues permits for Port property; Moyer estimated “probably, maybe a dozen a year” and said the permits primarily relate to restaurant operations and special events. Goldstein told the Board the MOU would streamline appeals and ensure the Board is compensated for hearing fees and surcharges.

Commissioner Daryl Honda moved to adopt the MOU. On voice roll call the motion carried 5–0. The Board instructed staff to finalize the agreement with the Port and implement procedures for handling the newly routed appeals.

The MOU now allows certain entertainment-related permit appeals originating on Port property to be heard by the Board of Appeals rather than by the Port Commission; the Board did not change existing appeal standards or substantive review criteria in adopting the agreement.

The board did not set an implementation date at the meeting; Director Moyer attended the hearing and thanked the board for its consideration.