~fttft cf ~nuisittntt KATHLEEN BABINEAUX BLANCO (ilumng QInnfrnl ~narb H. CHARLES GAUDIN

GOVERNOR CHAIRMAN

IN RE: AGB OF METAIRIE, INC. D/B/A TIC TOC CAFE NO. VP2600211328

ORDER

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

17,2006. The Hearing Officer's order dated December 22,2005, based on the "Joint Motion for

Entry of Stipulations and Approval of Proposed Settlement" in the matter of the "Notice of

Recommendation ofAdministrative Action," No. VP260021l328 by and between AGB ofMetairie,

Inc. d/b/a Tic Toe Cafe, and the State of Louisiana, Department of Public Safety and Corrections,

Office of State Police, which is attached hereto and incorporated herein, is APPROVED.

THUS DONE AND SIGNED on this the •J1.t;/{; day of January, 2006.

LOUISIANA GAMING CONTROL BOARD

BY: .f!cI!ft!&l~

LOUlSL'\NA GAPAING CONTROL BOARD I HEREBY CERTIFY THAT ACERTIFIED

COpy HAS BEEN MAl OR SERVED ON AL ES THIS _ D~

Of~~~~~-=~=

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

141002 12/20/05 TUE 15:25 FAX 504 523 4475 STIRLING PROPERTIES-N.O.

f~· · ~·~o~~/lm,f.\ . :Jl\ I I '

I, RECElYED======::J:\~,\=:i=1IC 2 3 2005 STATE OF LOUISIANA

I J~l__ DEC 2 ~ I. ill:)

...-.-----t:LtJiOUJSIANA GAMING CONTROL BOARD LGCB Mlln SJM1IVE HEARING OFFICE

IN RE: AGB OF METAIRIE, INC. NO. VP2600211328 d/b/a T1CTOe CAFE

JOINT MOTION FOB.-ENTRY OF STIPULATIONS AND APPROVAL OF PROPOSED SETTLEMENT

ON THE JOINT MOTION OF:

1. the State of Louisiana, Department of Public Safety and Corrections,

Office of State Police (hereinafter "DivisionU) , and

2. AGB of Metairie, Inc. d/b/a Tic Toe Cafe, License No. 2600211328

(hereinafter "Licensee"), who respectfully represent the following:

WHEREAS;

1. The Licensee previously entered into a video poker agreement with Master Video Poker (MVP). MVP sent video gaming documents to the Licensee for execution that, pursuant to the instructions of MVP were executed by Michael Delahoussaye and were then picked up by a representative of MVP. Michael Delahoussaye did not sign the documents in the presence of a notary and the documents were not notarized in Michael Delahoussaye's presence. These documents were then forwarded to the DivIsion by MVP.

2. The Licensee is barred by LAC 42:XI.2405(A)(15) from making or assisting in making false statements, . including the submission of improperly notarized documents to the Division.

3. The attached affidavit of Michael Delahoussaye supports these stipulations and is incorporated into this agreement by reference.

4. This matter has been scheduled for healing on December 22, 2005, at 9:30 a.m. before the Honorable Joseph E. Anzalone, Jr.

12/20/05 TUB 15:25 PAl 504 523 4475 STIRLING PROPERTIES-N.O. 141 003

NOW THEREFORE, in consideration of the foregoing stipulations, the

Division and the Licensee hereby propose to settle this matter pursuant to the

following terms and conditions:

1. The Licensee admits that improperly notarized documents were submitted to the Division in violation of LAC 42:XI.2405(A)(15);

2. Further, the Licensee agrees to pay a civil penalty of One Thousand Dollars ($1000.00);

3. The Division hereby agrees to accept the payment of this civil penalty as full and final settlement of this matter;

4. The Division reserves the right to take into consideration these violations in connection with any future violation;

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

6. This settlement constitutes the entire agreement between the Division and AGB of Metairie, Inc. d/b/a TIc Toc Cafe pertaining to the SUbject matter contained herein, and supercedes all prior and contemporaneous agreements, representations, and understandings of the parties;

7. 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 determinaUon as to whether the matter should be remanded to the Hearing Officer for a full hearing. However, if this agreement is approved by the Board, the Licensee must make payment of the civil penalty to the Division within fifteen (15) days of the Board's approval. Failure to do so shall result in the immediate suspension of the license until such time as the penalty is paid in full.

12/20/05 TUE 15:25 FAl 50~ 523 ~~75 STIRLING PROPERTIES-N.O. 14100..

RespectfUlly submitted,

AGB OF METAIRIE, INC. d/b/a TIC TOC CAFE

BY: sa ,

631 St. artes venue New Orleans, Louisiana 70130 Telephone: (504) 523-4497

. Facsimile: (504) 581-3305 Counsel for AGB of Metairie, Inc. d/b/a TIc Toe Cafe

Respectfully stlbmitted,

CHARLES C. FOTI, JR. ATIOR EYGENERAl

O. Young Assistant 1885 Nort 5 reet Baton Rouge, LA 70802 Telephone:(225 3266500) Facsimile: (225326-6599)

12/20/03 TUB 15:23 FAX 50~ 523 ~~75 STIRLING PROPERTIES-N.O. 141 005

STATE OF LOUISIANA

LOUISIANA GAMING CONTROL BOARD

IN RE: AGB OF METAIRIE, INC. NO. VP2600211328 d/b/a TIC TOe CAFE

ORDER

Considering the foregoing Joint Motion for Entry of Stipulations and

Approval of Proposed Settlement, IT IS HEREBY ORDERED that such proposed

settlement be approved, to wit:

1. The admission of AGB of Metairie, Inc. d/b/a Tic Toe Cafe to the violation of LAC 42:XI.2405(A)(15) is accepted;

2. AGB of Metairie, Inc. d/b/a Tie Toe Cafe shall pay a civil penalty of One Thousand Dollars ($1000.00);

3. AGB of Metairie, Inc. d/b/a Tie Toe Cafe shall make payment of the civil penalty to the Division within fifteen (15) days of approval by the Board. Failure to do shall result in the immediate suspension of the license until such time as the penalty is paid in full.

THUS DONE AND SIGNED this:l 2.. day of a<- . .2006

iJ(~~

in Baton Rouge, Louisiana.

, JR.

~, TkUE COPY ATTEST ":'</; NAGAMING CONTROL BOARD

HEARING ?~Iy~ I( ",~ ,,"iONROUGE,lA ~

5 TUE 15:28 PAX 504 523 4475 STIRLING PROPERTIES-H.O. III008

I STATE OF LOUISIANA PARISH OF :1fP~~

AFFIDAVIT

BEFORE ME, the undersigned Notary Public, dUly commissioned and Qualified within and for the state and Parish aforesaid, personaUy came and appeared:

SHAROND.DELAHOUSSAYE

who, after first being duly sworn, declared and acknowledged to me, Notary, under oath:

that she is the Seaetary Treasurer and 48% shareholder of AGB of Metairie Inc. d/b/a Tic Toc Cafe, VGl # 2600211328:

that all of the statements, responses, disclosures and representations provided in the documents submitted to the Division bearing Affianrs signature, are true and correct to the best of Affianfs knowledge, information and belief, and represent a complete and accurate account of the requested information.

THUS DONE AND PASSED in ~..a;W::;':"":' ' louisiana, on this

{jt1'. day of ~ ,2005.

~ 1?JID"...~ tL Jd, 1\ ~ J I~ SHARON D. DELAHOUSSAYE: Afl1l.fiaal:plIo ~t _===~T~

~~r. ~~A=ff (Pri~'W- a~~~ry number)

---

~5 'tuE 1$;26 FAX 504 523 4475 STIRLING PROPERTIES-N.O. Ijb 007

STATE OF LOUISIANA

AFFIDAVIT

BEFORE ME, the undersigned Notary Public, duly commissioned and qualified within and for the state and Parish aforesaid. personally came and appeared:

MICHAEL J. DELAHOUSSAYE

who. after first being duly sworn, declared and acknowledged to me. Notary, under oath:

that he is the President and 48% shareholder of AGB of Metairie Inc. d/bIa Tic Toc Cafe. VGL # 2600211328;

that AGB of Metairie, Inc.• previously entered into a video poker agreement with Master Video Poker rMVP");

that MVP sent video gaming documents ("the Documents") to Affiant for execution. particularly the Video Gaming Application, the Personal history Questionaire, the Release of All Claims, and the Request to Release infolrrlation all dated August 3, 2000; the Annual Ucensee Form dated May 2, 2001; the Annual Licensee FOIrrI dated March 6, 2002 and the 200312004 Ucense Renewal Form;

that pursuant to the instructions of MVP, Affiant executed the Documents which were then picked up by a representative of MVP;

that Affiant did not sign the Documents in the presence of a notary and the Documents were not notarized in Affiant's presence;

that Affiant does not know the name of the individual who purportedly notarized the documents;

that all of the statements. responses. disclosures and representations provided in the documents submitted to the Division bearing Affianrs signature, are true and correct to the best of Affiant's knowledge. information and belief. and represent a complete and accurate account of the requested information.

THUS DONE AND PASSED in ......>-- • Louisiana, on this dtQ,:e~daYOf r:;;:JJY; .2005.

~~!fl.-J:::~~~. {I w. t1. O.J,JU~!.Aff~ =v

tEf4WJI ~ (Print njlm~ ~J1d notary number)

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