~fttfr of ~ouisittntt M. J. "MIKE " FOSTER, JR. (iamins QInntrnl ~nar~ HILLARY J. CRAIN

CHAIRMANGOVERNOR

IN RE: BOB'S BEER GARDEN, INC. D/B/A THE BEER GARDEN

NO. VP5000108343 VIOLATIONIINSPECTION REPORT 013067

ORDER

This matter was considered by the Louisiana Gaming Control Board at its meeting ofApril

23,2003. The Hearing Officer's order dated March 19,2003, based on the "Joint Motion for Entry

of Stipulations and Approval ofProposed Settlement" in the matter of the "Notice ofViolation and

Hearing," by and between Bob's Beer Garden, Inc. d/b/a The Beer Garden, No. VP5000108343,

Violation/InspectionReport 013067, and the Louisiana Department ofPublic Safety and Corrections,

Office of State Police, Video Gaming Division, which is attached hereto and incorporated herein,

is APPROVED.

THUS DONE AND SIGNED on this the~ of April, 2003.

• ' . <. ; : 0 . : ' ~; . ._ ~ ' ." '0 " , :, ".

LOUISIANA GAMING CONTROL BOARD BY: I HEREBYCERTIFY THATACERTlf:ED

:·:i.-;PVHAS BEEN MAl D RSERVED ON

LOUIS AMING CONTROL BOARD

j;LLPARt ES tHIS D OF ---:~~'--:-:::::-::-:-

9100 Bluebonnet Centre. Suite 500. Baton Rouge, LA 70809 DPSGBOOI Phone: (225) 295-8450 Fax: (225) 295-8479

RECEIVED STATE OF L()l'ISI.-\~ :\

LOUISI..\~..\ GA:\II~G COi'iTROL BO,\RD MAR 1 9 2003 ADMINISTRATIVE HF.'\RI~C OFFICE

LI~C3

ADMINISTR.~; ;IJE H E.~ R I N G OF~iCE

I~ RF.: BOB'S BEER GARDEN, I~C.

d/b/a THE BEER GARDE~ CAS E ~ O. 5000 1()~.3-B

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,JOINT MOTION FOR ENTRY OF STIPULATIONS ~ . ~ © ~ 0'Yl U:i:riiT APPROVAL OF PROPOSED SETTLEi\lENT l' J /oWl I 931Xl WJU'li..

ON THE JOINT MOTION OF: _ ~ _ .

I . the: Louisiana Department or' Pu bl ic Safety and Corrections, Office of State Po lice. Video Gaming Division (hereinafter "Di vision"). and

I Bob 's Beer Garden. Inc. d/b /a The: Beer Garden. License No. 5000108343 (hereinafter " licensee") .

who respectfully represent the fol lowing :

\VHEREAS:

1. On or about December 11, 2002, an agent of the Division noted that the hanging sign and lighted arrow sign located in front of the licensee 's establishment on Highway 182 in St. Martin Parish. which advertised the licensee's gaming establishment, did not include the problem gambling toll-free telephone number:

') The licensee is mandated by La. R.S . 27 :27.3 to place the toll-free telephone number of the National Counci l on Problem Gambling (or other similar. Board­approved toll-free te lephone number) in any ad vert isement of its gaming act ivities or gaming establishment:

J. Pursuant to its agent s observations .. the Division issued Violation/Inspect ion Report #013067 to the licensee on or about December 11. 2002. citing vio lation of La. R.S . 27:27 .3 . Attendant to this Violat ion/Inspection Report. the Louisiana Gam ing Contro l Board issued a No tice o f Violation and Hearing to the licen see on or about February 4. 2003 .

+'

4. This matter has been scheduled for hearing on March 19.200.3 at 9 :30 a .m. before the Honorable J. E. Anzalone . JI" ..

i\O\V THF.RF.FORE.. ill considcratio» PI" the r\lI 'C~\liIlS stipulation». the l1i\ i~I\111 ~11\\.1 the

licen see hereby propose the ti>ll\l\\ ing settlement. that :

I. The licensee acknowledges that it \\as ill violation Ill' [.:1. R.~ . : 7:27."3. ill th~\t il did not place the requ ired problem g:lmb li llg toll- free telephone 11L1I11bel" on the aforementioned signs that adv e rtise it~ g:lm ing establi sluucnt :

The licensee has since placed the required toll-free number 011 the advertisement. which is acceptable tv the Divi sion onl v III the configurat ion shown in the auuc hcd

photographic copy :

3. In lieu of suspension of the liceusees video gaming license, the licensee shall pJ.y a $250.00 civil penalty:

-+. The Division hereby agrees to accept the licensee 's payment of the above stated penalty in full and fina l sett lement of Violation/Inspection Report [\;0 . 0 \ 3067 and th is Notice of Violation and Hearing:

5. The Division reserves the right to take into consideration these violations In

connection with an y future violat ion:

6. The form and substance of this settlement are to be interpreted under the laws of the State of Louisiana:

7. This settlement constitutes the entire agreement between the Di vision and Bob's Beer Garden, Inc , d/b/a The Beer Garden pertaining to the subject matter contained herein, and supercedes all prior and contemporaneous agreements, representations. and understandings of the parties;

8. This settlement is subject to approval by the Hearing Officer of the Louisiana Gaming Control Board; it is expressly understood that if this proposed settlement is approved by the Hearing Officer, this agreement is not executory and will be submitted to the Board for its determination as to whether the matter should be heard by the Hearing Officer; if approved, however. payment of the above penalties must be submitted to the Division within fifteen (15 ) days of approval of this settlement by the Board: the failure to submit the civil penalty within fifteen (15) days of approval by the Board shall result in the video gaming license of the licensee being suspended and its gaming devices being disabled : and

9. The Division and the licensee waive their rights to appeal this settlement if the Order is signed by the Hearing Officer and accepted by the Board.

Respectfu lly submi tted .

BOB'S BEER GARDEN, I~C. d/b/» THE BEER GARDEN VG# 50001083-0

BY: Robert Davis ---: .

BY: I

Owner P.O. Box 310 Cade, Louisiana 70519 Telephone : (337) 367-339 C

RICH.-\RD P. IEYOUIl .-\TTORNEY GENERAL

: 1/ .: I .. .­~ '1 { fc~lt . v' y f ~.( ,-0:;: Karen Day White /;. Assistant Attorneyjfreneral La. Bar Roll No . 25933 339 Florida Street, Ste . 500 Baton Rouge. Louisiana 7080 I Telephone: (2'2 5) 3--1-2-2465 Facsimi le: (225) 3--1-2-42 4--1­

J

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_ ST.-\TE OF LOUISI.-\!\A LOUISl.-\!\:\ G:\:'tlI~'G CONTROL BOARD ADMI~ISTR.-\TIVE HEARING OFFICE

I~ RE: BOB'S BEER GARDEN, I~C.

d/b/a THE BEER GARDEN CASE NO. 5000111-t-H

ORDER

Considering the foregoing Joint 0.-lution For Entry of Stipulations and Approval of

Proposed Settlement. IT IS HEREBY ORDE RED that such proposed settlement be approved. to

wit:

1. the licensee acknowledges that it was in vio lation of La. R.S . 27:27.3. in that it did not place the required problem gambling to ll-free te lephone number on the signs that advertise its gaming establish me nt:

.., ha ving placed the required roll- free num ber on the signs, the licensee sha ll pay a $250.00 civil penalty;

3. payment of the above penalty shall be submitted to the state within fifteen (15 ) days of approval of this settlement by the Louisiana Gaming Control Board; and

4 . the failure to submit the abo ve penalty within fifteen (15 ) days of approval of this settlement by the Board shall result in the video gaming license of the licensee being suspended and its gaming devices being disabled.

THUS DONE AND SIGNED th is

Baton Rouge, Louisiana.

i.!Jt!!~i~~~ rr"MINC CarnOl BOARD I r' ~ n~SY CE:ifiFY THAT ACERTIFIED

cn, i'y ;'{;is ~EEN MAllEn 0 R' ED ON All PA'n T ' S DAY

OF (~:-TI~~~~~!P--~

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'\

STATE OF LOCISIANA PARISH OF s?: tn~~I//\,'

I

AFFI DA. VIT

BEFORE ME. the undersigned ~()t:lry Public. duly commissioned and quali tied within .1nJ tor the State and Parish aforesaid. PERSONALL Y CAME AND APPEARED:

ROBERT DAVIS.

who. after first beiruz dulv sworn. declared and acknowledzed to me, Notarv, under oath: ..... ~ '-' J

that affiant is an owner of Bob' s Beer Garden. Inc. ("licensee") d/b/a The Beer Garden (#500010S34J), The Beer Garden South (;:5000111441) and The Beer Garden ~0rth

(#5000111-+-+2), these three establishments being located in St. Martin Parish:

that the licensee received Notices of Violation and Hearing for each of the three aforementioned establishments (Violation/Inspection Report Nos. 1J067, 1J068 and 13069, respectively) from the Louisiana Gaming Control Board, citing violation of La. R.S. 27:27.3:

that in the interest of settling this matter, affiant has Willfully entered into a Joint Motion for Entry of Stipulations and Approval of Proposed Settlement with the Division, via the Attorney General's Office, for each of the three Notices ofYiolation and Hearing; and

that affiant signed the above-cited motions of his own volition, without duress or coercion.

THUS DONE AND PASSED In on this -,l.!' -..A(1(.; ~ day of jJj;j,],,(J,,-< ,2003.

Robef(Davis, Affiant

I '" , ~ 1'...-';'1 .. i /LLU 1-].6 b· \ u- Ctn:.

Notarv Public -- - :,

My c~mmission expires /Gt.~

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