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121 Councilmember Brandes stated the real issue is not whether~ or not the Shenave's are nice people or that the Club is a social place but the point is whether or not there is a law that the Police Chief should enforce. If the law is not to be enforced, then the Ordinance should be changed. It was moved by Councilmember Brandes, and seconded by Councilmember Butler, that Resolution No. 88-382, denying the appeal of Jay J. Nelson and Frank R. Shenave from the action of the Chief of Police revoking their cardroom permit for the Pastime Pool Hall, subject to the following findings as supported by the evidence: (1) permit revocation is consistent with the provisions of Pleasanton Municipal Code 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 (this finding is supported by the abstract of judgement filed June 21, 1988 attached in Staff Report 88:398 and incorporated herein by this reference); 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 follows 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, attached in Staff Report 88:398 and incorporated herein by this reference; and allowing Mr. and Mrs. Frank Shenave to apply for a cardroom permit, to be reviewed by the City Council, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Butler, and Mohr NOES: Councilmember Wilson and Mayor Mercer ABSENT: None Mayor Mercer recessed the meeting of the City Council at 7:50 p.m., to a meeting of the Community Development Agency. Mayor Mercer reconvened the meeting at 8:15 p.m. CALL TO ORDER Mayor Kenneth R. Mercer called the Regular Meeting of the City Council to order at 8:15 p.m., and then led the Pledge of Allegiance to the Flag. ROLL CALL Deputy City Clerk Doris George called the roll which is recorded as follows: Councilmembers Brandes, Butler, Mohr, Wilson, and Mayor Mercer were present. Mr. Walker, City Manager, Mr. Beougher, Acting City Attorney, Mr. Swift, Director of Planning and Community Development, Mr. Elliott, Director of Public Works and Utilities, Mr. Bocian, Assistant City Manager, and Mr. Eastman, Police Chief, were present. - 5 - 8-16-88