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129 <br /> <br /> MINUTES <br /> OF <br /> THE MEETING <br /> OF <br /> THE CITY COUNCIL <br /> <br /> AUGUST 16, 1988 <br /> <br /> 7:00 P.M. - PUBLIC HEARING <br /> item 9f <br /> Cardroom Revocation Appeal <br /> Mr. Beougher presented his report (SR 88:398) dated August <br /> 16, 1988, regarding this matter. <br /> <br /> Mayor Mercer stated this item was originally listed on the <br /> agenda to be discussed in Executive Session, however Attorney <br /> Robert J. Kahn, representing Frank Shenave, requested by letter <br /> dated August 9, 1988, that the hearing be a public hearing. <br /> <br /> Mayor Mercer declared the public hearing open on this item. <br /> <br /> Mr. Robert J. Kahn, attorney representing Frank Shenave, <br />stated this is a hearing to appeal the revocation of the cardroom <br />permit. He emphasized that he is not representing Jay Nelson, <br />former partner of the Pastime Pool Room; his interests have been <br />abandoned. The hearing is for Frank Shenave and his wife and will <br />not be a formalized testimony hearing. Mr. Kahn stated this <br />proceeding is different from the last hearing, which dealt with an <br />issue of whether Jay Nelson and three others were engaged in an <br />illegal card game. He added that the game, Texas Hold Em, has <br />since been declared not an illegal game. <br /> <br /> Mr. Kahn stated this appeal is made because of a misuse of <br />trust between Jay Nelson and Frank Shenave. He advised that Mr. <br />Shenave went into partnership of the Pastime Pool with Mr. Nelson <br />in 1979. He stated that Mr. Shenave did not have any knowledge of <br />card games when he went into the business, but as a result of <br />recent events he is now aware of what is going on. Mr. Kahn <br />informed Council that Mr. Nelson is now incarcerated based on his <br />plea of guilty to selling drugs, but that his actions should not <br />be associated with Mr. Shenave and the Club - human understanding <br />is critical in this hearing. <br /> <br /> Mr. Kahn asked Council to give consideration to an appeal <br />from a revocation levied against the Pastime Pool as a <br />partnership; when in fact Mr. Nelson is no longer a partner. In <br />an agreement several weeks ago Mr. Nelson transterred his interest <br />in the Pastime Pool to Frank Shenave for $1.00. Mr. Kahn felt <br />this is an abandonment, and an attempt to put into writing that <br />Jay Nelson is no longer involved in the Club. <br /> <br /> Mr. Kahn addressed the case of Rice v. Alcohol Bureau Control <br />Appeals Board listed in the staff report, involving two partners <br /> - 1 - <br /> <br /> <br />