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RES 88382
City of Pleasanton
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RES 88382
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6/7/2012 3:08:50 PM
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12/1/1999 11:03:22 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
8/16/1988
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As the council will recall, in January of 1988 the Pastime's <br />cardroom permit was suspended for operating after hours. <br />Consequently, in light of the serious nature of Mr. Nelson's <br />conviction, the failure of either partner to take reasonable <br />steps to prevent drug trafficking and the previous cardroom <br />permit suspension, the sanction of revocation appears <br />reasonable as to both partners based upon the evidence <br />presented. <br /> <br />CONCLUSION AND FINDINGS: <br /> <br />The action of the Chief of Police in revoking the cardroom <br />permit for the Pastime Pool Hall was reasonable on the basis <br />of the documented evidence. As mentioned above, this hearing <br />provides an opportunity for Jay Nelson and Frank Shenave to <br />present additional relevant information to your council in <br />evaluating this action. The staff may also present further <br />evidence on the matter if deemed appropriate. <br /> <br />If your Council chooses to deny the appeal and uphold the <br />revocation you must do so based upon the following findings <br />as supported by the evidence. <br /> <br /> FINDINGS <br /> <br />1. Permit revocation is consistent with the provisions of <br /> PMC Section 6.12.170 in that Jay J. Nelson was convicted <br /> of felony drug charges on April 29, 1988 and sentenced <br /> on June 20, 1988. This finding is supported by the <br /> attached abstract of judgment filed June 21, 1988, <br /> attached hereto and incorporated herein by this <br /> reference. <br /> <br />2. The level of sanction, i.e. permit revocation, is <br /> appropriate in view of the nature of the above-noted <br /> conviction, a felony involving moral turpitude. The <br /> failure of the non-convicted co-permittee to take <br /> reasonable steps to prevent drug dealing on the premises <br /> under the circumstances further warrants permit <br /> <br /> <br />
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