RES 88382 - Laserfiche WebLink

BACKGROUND: On June 29, 1988, the Chief of Police revoked the cardroom permit of the Pastime Pool Hall at 511 Main Street under the provisions of the City's cardroom ordinance (PMC Chapter 6.12, attached). Since 1979 the cardroom and adjoining tavern have been operated under the partnership of Jay J. Nelson and Frank R. Shenave. The Chief's action was prompted by receiving notice on June 20, that Mr. Nelson had been convicted on April 29 and subsequently sentenced to six months in the County jail and three years probation for a violation of Health and Safety Code Section 11351.5, possession for sale of cocaine, a felony (see attached abstract of judgment of the Superior Court, filed June 21, 1988). This conviction resulted from an arrest in April, 1987, of Jay Nelson and his wife Jeanne Anne by the Pleasanton Police Department. The investigation leading up to the arrest had focused on activities in and around the Pastime Pool Hall. Details of specific transactions are outlined in the attached June 29, 1988 letter of revocation to Mssrs. Nelson and Shenave. Prior to this revocation action, the Chief allowed the permittees an opportunity to present their side of the story. Although both Jay Nelson and Frank Shenave were invited, only Mr. Shenave and his Wife Jackie appeared at this "due process hearing" on the morning of June 29. They claimed that Jay Nelson no longer had anything to do with the Pastime as of June 24, 1988. At that time, they claim, the interest of the Nelsons was ostensibly conveyed to the Shenaves for one dollar. They also asserted that they were innocent of any wrongdoing and knew nothing of drug use, negotiations, or sales taking place on the premises at any time. After considering the information presented by the Shenaves, the Chief of Police revoked the Pastime Pool Hall's cardroom permit in the detailed letter of June 29, referred to above and attached to this report. It is on the Shenaves' motion that this appeal is brought.