~hd~ of ~ouisia:na: M. J. "MIKE" FOSTER, JR. (laming @:onftl11 ~oarb HIUARY J. CRAIN

GOVERNOR CHAlRMAN

IN RE: LANDRY'S LLP D/B/A LANDRY'S AUTO TRUCK STOP

NO. VP5100504259A

ORDER

This matter was considered by the Louisiana Gaming Control Board at its meeting ofMarch 19,

2002. The Hearing Officer's order dated March 5, 2002, based on the "Joint Motion for Entry of

StipulationsandApprovalofProposed Settlemenf' in thematterofThe Notice ofViolation andHearing,"

by and between Landry's LLP d/b/a Landry's Auto Truck Stop, No.VP5100504259A, and the

Department ofPublic Safety and Corrections, Office ofState Police, Video Gaming Division, which is

attached hereto and incorporated herein, is APPROVED.

THUS DONE AND SIGNED on this theY-City of March, 2002.

ING CONTROL BOARD

BY: HI_~.n","".

LOUISIANA GAMING CONTROL BOARD I HEREBY CERTIFY THAT ACERTIFIED

---- - --- -- - - -_._­--OOPY-HAS BEEN MAflEI) VEDON­ALL PARTI THIS DAY

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

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MAR 032002~ IWl 6 2002 IjtOU1SIA<'IA GA~Il<'lG CONTROL BOARD ,;;'.L..' I'I :;; ' l; .-) fR,:-\ j. iVE

ADMINISTRATIVE HEARING OFFICE ueCKET CLERK

IN RE: LANDRY'S LLP NO. 5100504259 DIBIA LANDRY'S AUTO TRUCK STOP

JOINT MOTION FOR ENTRY OF STIPULATION AND APPROVAL OF PROPOSED SETTELEMENT

ON JOINT l\'IOTION of:

The State of Louisiana, Office of State Police, Video Gaming Division ("Division"), and

Landry's LLP d/bla Landry's Auto Truck Stop

who enter the following stipulations into the record:

On May 31, 2001, Tfc. Kirk A. Pierce of the Louisiana State Police Video

Gaming Division conducted an inspection at Landry's Auto Truck Stop and found

potholes, material deterioration, and massive surface cracks in the parking area in

violation of La. R.S. 27:306(A)(4)(c)(iii)(aa).

One June 5, 2001, Tfc. Pierce informed Landry's LLP d/bla Landry's Auto Truck

Stop of his findings and gave it sixty (60) days to come into compliance. In July of2001,

it made an attempt to come into compliance and had a contractor perform work on the

parking area.

On August 16,2001, Tfc. Pierce conducted a second inspection at Landry's Auto

Truck Stop and found that work had been done. However, he observed severe surface

cracks, small and large potholes, and ruts caused by trucks and tractors.

On September 17, 2001, Tfc. Pierce conducted a third inspection at Landry's

Auto Truck Stop. He observed the surface cracks had increased in size , the potholes

were larger, and ruts caused by trucks and tractors \\ ere more pro found. 011 that day. he

issued Violation and Inspection Report \~). l) lll..j.() to Landry's LLP d/b/a Landry's Auto

Truck Stop alleging it was in violation of LJ. R.S. 27:306(A)( 4)(c)(iii)(aa).

A Notice of Violation and Heuring was issued to Landry's LLP d.b.u Landry 's

Auto Truck Stop on December 27.200 l.

Landry's LLP d/b/a Landry's Auto Truck Stop has submitted an affidavit to the

Division in which the Affiant declares that M. Matt Durand L.L.c. completed

reconstruction of the parking area on January 17, 2002. Tfc . Pierce has inspected

Landry's Auto Truck Stop and found the parking area to now be in compliance with La.

R.S.27:306(A)(4)(c)(iii)(aa).

The Division and Landry's LLP dIb/a Landry's Auto Truck Stop have had the

occasion to review the facts and circumstances attendant to the violation and agree and

stipulate as follows:

Landry's LLP d/b/a Landry's Auto Truck Stop acknowledges that it was In

violation of La. R.S. 27:306(A)(4)(c)(iii)(aa).

The Division and Landry's LLP dIb/a Landry's Auto Truck Stop agree Landry's

LLP dIb/a Landry's Auto Truck Stop's Type 5 video gaming license shall be suspended

for twenty one (21) days.

This suspension shall constitute full and final settlement of the Notice dated

December 27 , 2001 upon approval of this Stipulation and Settlement by the Louisiana

Gaming Control Board.

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

connection with any further violations of the same or similar nature.

This Stipulation and Settlement is to be interpreted under the laws ot' the State of

Louisiana.

This Stipulation and Settlement constitutes the entire agreement between the

Division and Landry's LLP d/b/a Landry's Auto Truck Stop pertaining to the subject

matter contained herein and supercedes all prior agreements, representations. and

understandings of the parties.

This Stipulation and Settlement is subject to approval by the Hearing Officer of

the Louisiana Gaming Control Board. It is expressly understood that if these proposed

Stipulations and Settlement are approved by the Hearing Officer, this agreement is not

executory and will be submitted to The Louisiana Gaming Control Board for its 'approval

or a determination as to whether the matter should be heard by the Hearing 0 fficer.

The Division and Landry's LLP d/b/a Landry's Auto Truck Stop waive their

rights to appeal this Stipulations and Settlement.

WHERFORE, the Division and Landry's LLP d/b/a Landry's Auto Truck Stop

pray that these Stipulations and Settlement be approved.

RESPECTFULLY SUBMITTED:

RICHARD P. IEYOUB ATTORNEY GENERAL

BY: ~PA1i~ ...--P MICHAEL J. D IELS, No. 20775

BY:~~ BRETT A. SULZE~O·

ASSISTANT ATTORNEY GENERAL Blackburn, Sulzer & Kershaw 339 Florida Street, Suite 500 5937 Jones Creek Road Baton Rouge, La 70801 Baton Rouge, La. 70817 (225) 342-2465 (225) 756-9696

Counsel for the Division Counsel for Landry's LLP d/b/a Landry'sAuto Truck Stop -

STATE OF LOUISIANA

LOUISIANA GAMING CONTROL BOARD

ADMINISTRATIVE HEARING OFFICE

IN RE: LANDRY'S LLP NO.510050-t259 D/B/A LANDRY'S AUTO TRUCK STOP

ORDER

CONSIDERING the foregoing Joint Motion and Stipulations,

IT IS HEREBY:ORDERED that the foregoing Joint Motion and Stipulations of

facts be accepted, approved, and entered into the record of this proceeding;

IT IS. HEREBY ORDERED that Landry's LLP d/b/a Landry's Auto Truck

Stop's admission of the violation of be La. R.S. 27:306(A)(4)(c)(iii)(aa) accepted.

IT IS HEREBY ORDERED that Landry's LLP d/b/a Landry's Auto Truck

Stop's Type 5 video gaming license shall be suspended for twenty one (21) days and the

suspension shall begin within ten (10) days of approval of this settlement by the

Louisiana Gaming Control Board.

c£CLWilliam H. Brown Hearing Officer

, ~

Baton Rouge, La., this ~ - day of March 2002

LOOlS1A11A GAMINe COIlTlOL BOARD I HEREBY CERTIFY THAT ACERTIFIED ATRUE COpy ATTEST

COPY HAS BEEN MAl RSERVED ON LOUISIANA GAMING CONTROL BOARDAlL P IS-....,;a.~:..&...~~-JIf'

HEARING OFFICEOF.,...:::;;~~~~~_~~"""-lI~ BATON ~ROOGE,LA - - :25 /2 fca.. />. r- _r,. r { ~~

BY: Cl~