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...On December 29, 1987 officers of this department made observations <br /> suggesting illegal operation of the cardroom. When questioned, Jay Nelson <br /> stated, "We were just playing an illegal game we can't play during normal <br /> hours." <br /> <br /> ...Later on December 29, the cardroom permit was suspended by the police chief. <br /> <br /> ...On January 19, I988, when the suspension was appealed to the City Council, <br /> that suspension was upheld by unanimous vote of the City Council. The <br /> suspension was pursuant to the provisions of the Pleasanton Municipal Code <br /> and was based upon violations of Section 6.12.080 (hours of operation), <br /> Section 6.12,140 (permitted card games) and Section 6.12.150 (state law <br /> violations). <br /> <br /> ...Not until June 20, 1988 was Nelson convicted for a violation of Section <br /> 11351 of the Health and Safety Code. Said conviction was a result of our <br /> earlier investigations leading to his arrest some 13 months earlier. <br /> <br /> ...Throughout the past year, or more, there has been an abundance of local <br /> media coverage associated with the narcotics activities, arrests, fee <br /> increases and suspension. In some articles there appeared quotes from Mr. <br /> Nelson and from Mrs. Shenave. I must, therefore, conclude that you had an <br /> awareness of the issues. <br /> <br /> ...Yet, not until June 24, 1988 did you "divest" yourself of association in the <br /> business with Mr. Jay Nelson, the co-permitee in the cardroom. This <br /> purported "divestment" of Mr. Nelson's interest in the business was in the <br /> form of a handwritten "bill of sale", witnessed but not notorized, bearing <br /> the date of June 24, 1988 with a consideration stated in the sum of one <br /> dollar. After due consideration I find this disassociation to be cosmetic, <br /> at best. Particularly, after a very long-term business partnership and <br /> family association. <br /> <br /> ...On June 25, 1988 I served you with a notice regarding potential action upon <br /> your permit. <br /> <br /> ...On June 29, 1988 at 8:00 a.m. we conducted a due process hearing in which <br /> you offered what you considered to be mitigation and assurances for future <br /> conduct. <br /> <br /> ...Moreover, you assured me that Mr. Nelson had not so much as set foot on the <br /> premises since he signed the "bill of sale" on June 24. I have evidence to <br /> the contrary. <br /> <br />As I stated in a previous public hearing regarding your permit: <br /> <br />1. As Chief of Police I have a strict statutory responsibility to enforce the <br /> laws governing the conduct of your business. I have an explicit obligation <br /> to ensure licensing and permit requirements are met; particularly in <br /> operations so open to abuse and pernicious conduct as the Pastime Pool Hall <br /> has been. <br /> <br />2. A license or permit grants privilege, imposes controls, regulates conduct <br /> and requires responsibility and accountability on the part of the licensee <br /> or permit holder. This applies to cardroom permits. <br /> <br /> <br />