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Board upholds notice of violation for Heaven Mini Theater after police reports and testimony
Summary
The San Francisco Board of Appeals voted unanimously to uphold a notice of violation alleging Heaven Mini Theater operated as an unauthorized adult-entertainment venue, citing police reports, flyers, and multiple complaints; the board directed the planning department to issue a final notice of decision.
The San Francisco Board of Appeals on Oct. 15 unanimously upheld a notice of violation (NOV) against Heaven Mini Theater, finding the second-floor business at Broadway and Kearny operated as an unauthorized adult-entertainment use. The board’s vote, 5–0, followed presentations from Planning Department staff, police testimony and statements from performers and neighbors.
Tina Tam of the Planning Department said the police referred the case and described a floor plan of nine-to-ten private rooms with small raised stages, no entertainment or change-of-use permits, and multiple police reports documenting solicitation and prostitution-related activity. “This case was referred to us by the police department,” Tam told the board and said the space lacked required permits and had operated past the 2 a.m. limit established in code.
Captain Jim Dudley of Central Police Station told the board he had collected more than seven reports during 2008 alleging solicitation, assaults and other violations and described undercover work that led to an October arrest of a female employee. Dudley urged the board to uphold the NOV and to discontinue operations immediately.
Counsel for the appellant argued the venue staged clothed performances — singing, dancing and theater — and described internal policies prohibiting prostitution. A performer testified that managers supervise shows and that employees sign agreements forbidding sexual acts; she said performers were clothed and supervised during performances.
Board members reviewed police reports, a promotional flyer and testimony before concluding that the operation more closely matched the planning and police-code definitions of adult theater/encounter studio than of permitted “other entertainment.” President Garcia moved to deny the appeal and uphold the NOV; the motion carried 5–0. The board directed staff to issue a final notice of decision.
Next steps: Planning staff will issue the final decision and follow up on any administrative remedies required by code.
