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City says Jack in the Box can stay open between 2am and 4am

Last week, the Board of Appeals overturned an appeal that was filed by Richmond District neighbors, asking that the Jack in the Box, located on Geary at 11th Avenue, be required to close between the hours of 2am to 4am.

The saga began back on Thanksgiving morning in November, when two men got into a fight in the Jack in the Box. It later escalated to a tragic hit and run incident two blocks away at the Shell gas station. The victim, Albert Bartal, still remains in critical condition.

At the time, officials discovered that the Jack in the Box, which was operating 24 hours a day, did not have the proper after-hours permits. The restaurant was then forced to close between 2am and 6am until the Entertainment Commission could evaluate their request for a new permit.

Fast forward to January 24, when the Entertainment Commission approved Jack in the Box’s request to stay open after hours, with some conditions. Rather than stay open 24 hours, the Commission ruled that Jack in the Box must close between the hours of 4am and 6am.

While this sounded reasonable, it contradicted the request of over 1,500 concerned citizens who signed a petition before the hearing, asking that the Commission force Jack in the Box to close between the hours of 2am and 4am.

Neighbors near the restaurant claim 2am until 4am is the most troublesome time, as rowdy patrons empty out of nearby bars, looking to snack on late night burgers and fries at the Jack in the Box. Residents say the noise level increases, trash is left around the restaurant, and some even claim the Jack in the Box customers urinate on their homes.

Still, there are many residents who want Jack in the Box to remain open. It is one of the only late-night food establishments open after 11pm in the Richmond District. Subway on Geary was also a 24 hour business until it was discovered that they too did not have the proper permits.

While the Jack in the Box was closed between 2am and 6am following the Thanksgiving incident, neighbors reported that things were quieter. Police also said they had fewer calls from the restaurant during the time period.

After the January 24 ruling, the same group of neighbors, led by local businessman David Lee, filed an appeal, asking the Board of Appeals to reverse the Entertainment Commission’s decision and force the Jack in the Box to close between 2am and 4am.

But last Friday, the Board of Appeals stood by the ruling that the fast food chain remain open between 2am and 4am. The restaurant must still close between 4am and 6am, and must abide by the twelve other conditions attached to their after-hours permit including better trash cleanup and increased security.

In last week’s hearing, the Board of Appeals did urge the Entertainment Commission “to hold a hearing in six months to check the progress of the 12 conditions under which the permit was originally approved.” [SF Examiner]

Jocelyn Kane, executive director for the Entertainment Commission, told the Board of Appeals the commission “would be happy” to hold a hearing in six months and adjust the permit accordingly.

Sarah B.

6 Comments

  1. Still do not understand the rationale of being closed from 4 to 6 AM.

    On another note, I was in Subway about a week ago and it is in the process of getting its 24-hour permit. Right now they close at 2 AM.

  2. I’ll bet if they gave out toys with their kid’s meals Eric Mar would be all over them.

    Oh wait, he’s admitted he likes to eat their food too.

    Hypocrite.

  3. No one knows why it is closed from 4-6 a.m. NO one ever asked for that — unless it was in secret. I was at every meeting — including the 2 Entertainment Commission meetings — you can see on the tape of the meeting that 4-6a.m. suddenly was mentionted totally out of the blue when no one was allowed to make any more comments. We were all STUNNED.

    I stood in front of the Board of Appeals and pointed out that no one had ever asked for 4-6 a.m., we were stunned to hear it — as it does nothing whatsoever to address the problems that are known to well over 1000 residents and business owners in the Richmond district who signed a petition asking for closure from 2-4 p.m.

    Again — ignored. And unfortunately, Eric Mar did not show up at the Appeals Board meeting. We had all assumed he would — since he had decided just before the 2nd Ent. Commission mtg that he would finally support the 2-4 a.m. closing.

  4. looks like this cut short David Lee’s proto-campaign for supervisor. Nothing like leading a nimby brigade to boost your electoral chances, no matter how thin the ice is. Try again, david! Better yet, stop sucking up to NIMBYs and come up with a comprehensive solution to late night issues. Oh wait, that doesn’t fit in a soundbite. LOL!

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