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125 divest themselves of the partnership with Jay Nelson; (2) Mr. Kahn would have Council believe that Mr. Shenave did not have information regarding the activities of Mr. Nelson but there is evidence in the Police Department relative to these facts; (3) there is an obligation that a licensee must obey the law and refrain from the sale of drugs; and (4) the issue is not the closing of the business but the revocation of the card playing permit only. He added at the last hearing it was stated that the card room represented only 10% of the business. Mr. A1 Bronzini, President of the Downtown Association, stated that based on the staff report and the findings contained therein, the Downtown Association supports the action of the Chief of Police in revoking the cardroom permit of the Pastime Pool. He asked Council to deny the appeal. Mr. Kahn stated he is not opposed to the Police Chief's actions to clean up the streets from the sale of drugs but does not support the revocation of the cardroom permit because of this. He stated the reason it took so long for Mr. Shenave to divest from Jay Nelson is because he was giving Mr. Nelson every benefit of the doubt, being innocent until proven guilty; he felt Mr. Shenave should not be faulted for his trust of Jay Nelson. He stated that revocation of the cardroom permit would allow continuance of the pool tables, bar, etc., but the cardroom tables represent 60% of the business and also a part of the social entertainment of the Club. He added that had Mr. Shenave been involved in the drug activities with Mr. Nelson that he would have been arrested too. It was moved by Councilmember Brandes to deny the appeal of Jay J. Nelson and Frank R. Shenave from the action of the Chief of Police revoking the cardroom permit for the Pastime Pool Hall based upon the following findings as supported by the evidence: (1) permit revocation is consistent with the provisions of PMC Section 6.12.170 in that Jay J. Nelson was convicted of felony drug charges on April 29, 1988 and sentenced on June 20, 1988; and (2) the level of sanction, i.e., permit revocation, is appropriate in view of the nature of the above-noted conviction, a felony involving moral turpitude. The failure of the non-convicted co- permittee to take reasonable steps to prevent drug dealing on the premises under the circumstances further warrants permit revocation. In addition, this action following a previous instance of permit suspension in January of 1988. This finding is supported by the evidence as stated in the Chief of Police's revocation letter of June 29, 1988. Councilmember Butler stated he would second the motion with the addition of a statement that would allow the Shenave's to apply for a new cardroom permit. Councilmember Brandes did not want the above statement included in his motion. - 3 - 8-16-88