10-09-86 Gaming Commission Minutest
GAMING COMMISSION
October 9, 1986
Those attending the meeting were Commission Members Mayor Kennedy, Councilman
Schindler, Police Chief Stefanie and City Attorney Neier. Also City
Clerk/Treasurer Halver, Irvin "Red" McQuade and Stuart John McQuade.
Mayor Kennedy called the meeting to order at 10:00 am. He reported the
purpose of the meeting was to review the suspension of the Dealer's License
of Stuart McQuade. He read the letter from lair. McQuade regarding the request
for the rehearing.
Mayor Kennedy called upon Stuart McQuade who presented his ease.
Mr. McQuade reported he has an extensive background in Gaming including the
writing of a Master's Degree thesis on gambling.
He next discussed the incident and explained why he wasn't wearing the
license. There has been problems with harassment of some employees which he
felt were caused by the employee having to wear a license which provides
their name in plain view. He felt keeping the license beside him in the tray
would make it readily available to anyone who asked for it and would meet the
intent of the law.
Staurt also contended that Section 6.50 applies to owner/operators and not
dealers.
He asked that something less severe than a suspension be applied; a
• suspension of his license could affect his future employment in the Gaming
industry.
•
Police Chief Stefanie reported the Gaming Rules only authorize the penalties
of suspension and revocation. They don't have the authority to fine.
It was pointsd out that "Red" McQuade was fined by Judge Willis a year or two
ago. The conclusion was that although this had happened it didn't give the
Commission the same authority. Stuart referred to the state statutes which
call for fining and Marty said that applied to violation of state gambling
laws and not the city gaming rules.
Stuart and Marty discussed the wording of Subsection 6.50 as to whether it
applies to dealers.
City Attorney Neier said the commission does not have the power to levy
fines. He also said the suspension is not a criminal penalty.
Mayor Kennedy did not feel this was a flagrant violation. Councilman
Schindler said that wasn't the point, the rule was violated.
Both McQuades said they thought they had worked out an agreement whereby
having the license in the tray was tolerable. They also were under the
impression the procedures regarding license wearing would be changed.
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GAMING COMMISSION
October 9, 1986
• Mayor Kennedy remarked the penalty was the same for both people but the
severity of the violations were different. He recommended Stuart McQuade's
penalty be reduced from a suspension to a warning. Councilman Schindler said
he couldn't go along with that.
Councilman Schindler moved the three day suspension stand. City Attorney
Neier seconded.
Councilman Schindler and Police Chief Stefanie voted yes, City Attorney Neier
voted no. The suspension stands.
The meeting adjourned at 11:15 am.
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