Lawyer of bar owner lauds board

Monday, May 9, 2005 | 10:49 a.m.

The attorney for a gaming-licensed Southern Nevada bar owner seeking a restricted license for a second property says the state Gaming Control Board's action last week was a victory for his client.

Attorney J.T. Moran said the board's decision Thursday to refer the application of Kurt Schoen for a license at Fred's Terrible's Tavern on West Russell Road back to Control Board staff showed that board members wanted to give him a chance to prove that he had overcome his addiction to illegal drugs.

Schoen, who already has a restricted license at Fred's Tavern on Stewart Avenue, admitted to using cocaine in November, but lied about it to investigators conducting background checks for the licensing in January.

Schoen told the board he hasn't used illegal drugs since the November incident. The board could have sent a recommendation for denial to the Nevada Gaming Commission, which has the final say over licensing matters.

The admission has broader implications for Schoen, a world-class water skier who earlier this year was named to the 2005 U.S. Formula 2 Water Ski Racing Team that will compete in the Water Ski Racing World Championships in Hunstandon, England, next month.

Moran said he doesn't expect Schoen's admitted drug use would have any bearing on his status with the ski team.

"This has everything to do with a privileged (gaming) license and nothing to do with professional racing," Moran said Friday. "They are mutually exclusive."

Moran also emphasized that board members are looking for a pattern of conduct from his client. He said a Sun report on Schoen's application left the impression that his client's license depends on the results of a hair follicle drug test administered Tuesday.

"I think the board was saying, 'We want to see a pattern of conduct. We don't feel entirely comfortable with you now, but we think we could be comfortable with you with a pattern of good conduct,' " he said. "Kurt is working hard to be a good family man, a good businessman and a good licensee."

At Thursday's meeting, board member Bobby Siller criticized Schoen for waiting until May to get a hair follicle drug test, which can uncover drug use up to 180 days after the occurrence. Siller said he urged Schoen to take the test right away when the two met in February.

Moran said Schoen plans to undergo multiple hair-follicle and urinalysis drug tests in the future to prove he is no longer using illegal substances.