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CITY COUNCIL OF THE CITY OF PLEASANTON <br /> <br /> ALAMEDA COUNTY, CALIFORNIA <br /> <br /> RESOLUTION NO. 88-382 <br /> <br /> RESOLUTION DENYING THE APPEAL OF JAY J. <br /> NELSON AND FRANK R. SHENAVE FROM A <br /> DECISION OF THE CHIEF OF POLICE REVOKING <br /> THE CITY CARDROOM PERMIT OF THE PASTIME <br /> POOL HALL <br /> <br />WHEREAS, on June 29, 1988, the Chief of Police held an <br /> administrative hearing with respect to the cardroom <br /> permit held by Jay J. Nelson and Frank R. Shenave <br /> (Appellants) for the Pastime Pool Hall; and <br /> <br />WHEREAS, it was determined by the Chief of Police at said <br /> hearing that Jay J. Nelson had been convicted of a <br /> violation of Health and Safety Code §11351.5, a <br /> felony, and that the Pastime Pool Hall had not been <br /> operated in a manner consistent with the privilege <br /> of holding a City cardroom permit; and <br /> <br />WHEREAS, the Chief of Police subsequently revoked the above- <br /> noted permit pursuant to §6.12,170 of the <br /> Pleasanton Municipal Code (PMC) in a letter of <br /> notification dated June 29, 1988, as attached <br /> hereto and incorporated herein by this reference; <br /> and <br /> <br />WHEREAS, within the time specified by the Municipal Code, <br /> counsel for Appellants filed an appeal from the <br /> action of the Chief of Police to the City Council; <br /> and <br /> <br />WHEREAS, on August 16, 1988, the City Council at a public <br /> hearing reviewed a staff report on this matter, as <br /> attached hereto and incorporated herein by this <br /> reference, and considered comments and testimony <br /> from Appellants' counsel, staff, the public and <br /> Jackie Shenave; and <br /> <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON <br />RESOLVES AS FOLLOWS: <br /> <br />Section 1: The City Council makes the following findings: <br /> <br /> 1. Permit revocation is consistent with the <br /> provisions of PMC Section 6.12,170 in that Jay <br /> J. Nelson was convicted of felony drug charges <br /> on April 29, 1988 and sentenced on June 20, <br /> 1988. This finding is supported by the <br /> attached abstract of judgment filed June 21, <br /> 1988, attached hereto and incorporated herein <br /> by this reference. <br /> <br /> 2. The level of sanction, i.e. permit revocation, <br /> is appropriate in view of the nature of the <br /> <br /> <br />