Pubdate: Fri, 25 May 2007
Source: San Francisco Chronicle (CA)
Page: B - 1
Copyright: 2007 Hearst Communications Inc.
Contact:  http://www.sfgate.com/chronicle/
Details: http://www.mapinc.org/media/388
Authors: Demian Bulwa, Wyatt Buchanan, S.F. Chronicle Staff Writers
Note: Chronicle staff writers Elizabeth Fernandez and Andy Ross 
contributed to this report.
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

SUPERVISOR, PARENTS OWN BUILDING RAIDED BY FEDS

Pot Club There Was Investigated in '05 -- Reopened Later

San Francisco Supervisor Ed Jew, who is being investigated for taking 
money from businessmen seeking city permits and over questions about 
whether he meets residency requirements to hold his office, is 
part-owner with his parents of a building that houses an unlicensed 
marijuana club, records show.

The club, called NorCal Herbal Relief Center, at 1545 Ocean Ave., was 
raided by federal agents in June 2005 as part of "Operation Urban 
Harvest," in which at least 19 people were indicted.

A Drug Enforcement Administration agent wrote in a sworn affidavit 
that the medical marijuana dispensary and three others in San 
Francisco and Oakland were fronts for illegal drug trafficking.

The club, then called the Herbal Relief Center, shut. It later 
reopened, but city officials say it failed to obtain a permit as 
required. Last June, the city's zoning administrator sent its 
operators and Jew's parents the second of two notices saying the 
business was violating city codes and needed to shut or apply for 
proper permits.

City officials say there is no record that Jew's parents, or the 
operators of the club, ever complied.

Nonetheless, the business remains open. Located in a busy commercial 
district, the one-story green building has mirrored windows and a 
call box that patrons must use to gain entry. Inside, a man behind a 
glass window checks for medical cannabis patient cards.

On Thursday afternoon, the man at the window avoided a reporter's 
questions. He said the club's manager was out and he did not know 
when he would return. He would not provide the manager's name. A half 
dozen people came and went from the club in an hour.

Efforts to reach Jew, who is in China on a trip, and his parents, 
Howard and Anne Jew of San Francisco, were unsuccessful on Thursday. 
The supervisor's attorney did not return a telephone message.

According to city property records, two-thirds of the building is 
owned by a trust set up by the parents and the other third by Jew.

Matthew Kumin, an attorney representing the dispensary, said Thursday 
he had not known that Jew was part owner of the building. He, too, 
declined to identify the owner of the dispensary.

"I know my clients are working on trying to get their permits," said 
Kumin. "It's a big, complicated permit process. I think they're 
struggling to make sure they do it right."

In 1996, California voters passed Proposition 215 legalizing pot for 
people with a legitimate medical need, though sale of the drug 
remained illegal under federal law -- the basis for a series of raids 
on pot clubs in recent years. Until supervisors acted in 2005, San 
Francisco officials were in legal limbo, watching as the number of 
clubs dispensing marijuana grew from nine to more than 40 in five 
years. Some residents complained the clubs attracted drug dealing and 
other criminal activity.

A new ordinance requires all clubs to apply for permits as MCDs, or 
medical cannabis dispensaries, through the Department of Public 
Health. Applicants must show their business fits zoning requirements 
and submit to fire and health inspections. Operators must pass 
criminal background checks. And public hearings must be held.

Clubs that were operating at the time the local regulations passed in 
2005 have until June 30 to obtain permits. Clubs such as NorCal 
Herbal Relief Center in the building part-owned by Jew were not 
supposed to open without a permit. Planning officials consider NorCal 
a new business because it was shut for an extended period following the raid.

Larry Kessler, a senior environmental health specialist at the health 
department, said the business at 1545 Ocean Ave. is among four of 31 
known dispensaries in the city that have not even applied for a permit.

Among those that have applied, five have obtained provisional 
permits. The permitting process, Kessler said, takes four months or longer.

"If they don't have a final permit by the end of June," Kessler said 
of the Ocean Avenue club, which he has visited twice in an effort to 
get it into compliance, "then they're in violation of the planning 
code and subject to closure."

A proposal now in front of the Board of Supervisors, by Supervisor 
Michaela Alioto-Pier, would extend the deadline until the end of the 
year. Told of the situation with Jew's property, fellow Supervisor 
Ross Mirkarimi said, "I don't know what to say. At this stage, 
nothing ceases to amaze me." The FBI investigation of Jew focuses on 
a $40,000 cash payment Jew said he received from businessmen in his 
district who were having problems with the city permitting process.

Jew said the owners of Quickly tapioca drink shops approached him for 
help and that the money was intended for a consultant he recommended 
to them, but a company representative said Jew approached the 
businessmen and offered his assistance in exchange for cash.

San Francisco City Attorney Dennis Herrera, meanwhile, now says he 
will give Jew until June 8 to prove that he actually lives in the 
westside district he represents.

Questions about whether the District 4 supervisor meets the city's 
residency requirements to hold his board seat surfaced last week 
after federal investigators raided his City Hall office, properties 
tied to him in the Sunset District and Burlingame, and his Chinatown 
flower shop. Neighbors of a house on 28th Avenue that Jew claims as 
his primary residence have said the property has been vacant for 
years, and utility records show there has been little to no water use 
since he claimed to have moved into the home before running for 
office last year.
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MAP posted-by: Richard Lake