20260721-board-decision-daiquiri-paradise.pdf

JEFF LANDRY GOVERNOR CHRISTOPHER B. HEBERT CHAIRMAN IN RE: ES & A, INC. D/B/A DAIQUIRI PARADISE NO. 4400105579 ORDER This matter was considered by the Louisiana Gaming Control Board at its meeting of July 16, 2026. The Hearing Officer’s order dated June 17, 2026, based on the “Joint Motion for Approval of Compromise and Settlement Agreement” in the matter of the “Notice of Recommendation of Administrative Action”, by and between, ES & A, Inc. d/b/a Daiquiri Paradise No. 4400105579, 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 16” day of July 2026. LOUISIANA GAMING CONTROL BOARD CHRISTOPHER B. HEBERT, CHAIRMAN LOUISIANA GAMING CONTROL BOARD | HEREBY CERTIFY THAT A CERTIFIED COPY HAS BEEN MAILED OR SERVED ON DAY 7901 Independence Boulevard, Building A, Baton Rouge, LA 70806 Phone: (225) 925-1846 Email: LGCB@la.gov LGCB-9040-26-B RECEIVED By Shanaquoa Wright at 10:59 am, J un 18, 2026 RECEIVED JUN 12 296 STATE OF LOUISIANA LA GAMING CONTROL Boa 1D LOUISIANA GAMING CONTROL BOARD “MINSTRATIVE HEARING FACE ADMINISTRATIVE HEARING OFFICE INRE: ES &A,INC CASE NO.: 4400105579 D/B/A DAIQUIRI PARADISE JOINT MOTION FOR APPROVAL OF COMPROMISE AND SETTLEMENT AGREEMENT TO THE HONORABLE ADMINISTRATIVE HEARING OFFICER: NOW COME the Louisiana State Police, Gaming Enforcement Division (hereinafter, the “Division”) and ES & A, INC d/b/a DAIQUIRI PARADISE (hereinafter, “Licensee”), who files this Joint Motion for Approval of Compromise and Settlement Agreement, and in support thereof would respectively show unto the Hearing Officer as follows: The Division and Licensee are desirous of compromising and settling all disputes between them relative to the referenced administrative proceeding. In connection therewith, the parties have entered into a Compromise and Settlement Agreement, which by its terms will become effective upon approval by the Administrative Hearing Office and the Louisiana Gaming Control Board, A true and correct copy of the proposed Compromise and Settlement Agreement is attached hereto as Exhibit “A” and incorporated by reference for all purposes. WHEREFORE, PREMISES CONSIDERED, the Division and Licensee respectfully request that this Honorable Administrative Hearing Officer approve the parties’ Compromise and Settlement Agreement. Respectfully Submitted, LIZ MURRILL, ATTORNEY GENERAL By? Allison U. Rovira, Bar Roll #27634 Allison U. Rovira, Attorney at Law, LLC 730 North Street, Baton Rouge, LA 70802 P.O. Box 1511, Baton Rouge, LA 70821 Telephone: (225) 381-0019 Facsimile: (225) 381-0178 Counsel for ES & A, Inc. d/b/a Daiquiri Paradise Sharon U. McCoy, Bar ane Assistant Attorney General 1885 North Third Street, 5" Floor Baton Rouge, Louisiana 70802 Telephone: (225) 326-6500 Facsimile: (225) 326-6599 Counsel for Louisiana State Police, Gaming Enforcement Division EXHIBIT “A” STATE OF LOUISIANA LOUISIANA GAMING CONTROL BOARD ADMINISTRATIVE HEARING OFFICE INRE: ES &A,INC CASE NO.: 4400105579 D/B/A DAIQUIRI PARADISE COMPROMISE AND SETTLEMENT AGREEMENT The Louisiana State Police, Gaming Enforcement Division (hereinafter, the “Division”) and ES & A, INC d/b/a DAIQUIRI PARADISE (hereinafter, “Licensee”), do hereby represent and agree as follows: WHEREAS, the Louisiana Gaming Control Board has sent a Notice of Recommendation of Administrative Action to Licensee, which Notice contains allegations of certain violations of Louisiana Gaming Control Law; and WHEREAS, the issues raised by said Notice were set for hearing before the Louisiana Gaming Control Board Administrative Hearing Office on June 3, 2026; and WHEREAS, the Division and Licensee are desirous of fully and finally compromising and settling all issues and disputes arising out of and in connection with said Notice; NOW, THEREFORE, in consideration of the foregoing, the parties hereto do hereby agree and stipulate as follows: STIPULATIONS 1, The Licensee is a Type I licensed establishment located at 2201 Ridgelake Drive, Metairie, Louisiana 70001. 2. On April 1, 2025, the Division emailed a Video Gaming Advisory Notice to Licensee informing them of the requirement to submit the Annual Licensee Form, fee and supporting documents no later than July 1, 2025. 3. The courtesy letter also informed the Licensee that failure to submit the completed Annual Licensee Form with the appropriate fee and required documents on or before August 31, 2025, shall result in a recommendation for suspension, revocation, and/or imposition of a civil penalty. 4, On January 28, 2026, the Division received the required annual renewal forms, documents and fee from Licensee. 5. Licensee failed to timely submit the Annual Licensee Form, fee and supporting documents in violation of La. R.S. 27:435(K)(4)(a) and (d), and LAC 42:X1L.2405(B)(4). TERMS AND CONDITIONS 1. In lieu of administrative action, Licensee will pay a penalty of ONE THOUSAND FIVE HUNDRED and 00/100 ($1,500.00) DOLLARS for its violation of La. R.S. 27:435(K)(4)(a) and (d), and LAC 42:X1.2405(B)¢4). 2. The Division hereby agrees that payment of a total penalty of ONE THOUSAND FIVE HUNDRED and 00/100 ($1,500.00) DOLLARS shall be in full and final settlement of all matters set forth in the Notice of Recommendation of Administrative Action. 3. The Division reserves the right to take into consideration this admitted violation in connection with any future investigation, violation or assessment of penalty and in connection with any future assessments of Licensee’s suitability. 4. The terms of this Compromise and Settlement Agreement shall be interpreted under the laws of the State of Louisiana. =e This Compromise and Settlement Agreement constitutes the entire agreement between the Division and Licensee, pertaining to the subject matter contained herein and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. 6. This Compromise and Settlement Agreement is subject to approval by the Hearing Officer and the Louisiana Gaming Control Board. It is expressly understood that if this proposed settlement is approved by the Hearing Officer, this agreement is not thereby executory, but will be submitted to the Louisiana Gaming Control Board for its determination as to whether to approve same or to remand the matter to the Hearing Officer for a full hearing on the merits. 7. Ifapproved, Licensee agrees to make full payment of the civil penalty within fifteen (15) days of approval of this settlement by the Louisiana Gaming Control Board. Licensee agrees that failure to meet this requirement shall result in immediate suspension of the gaming license without the necessity of any further administrative action until such time as the penalty is paid in full. Ihave read this entire Compromise and Settlement Agr nd agree to all stipulations and Affison ovira, Counsel for Sharon U. McCoy, on behalf of ES & A, INC, d/b/a Daiquiri Paradise Louisiana State Police, Gaming Enforcement Division STATE OF LOUISIANA LOUISIANA GAMING CONTROL BOARD ADMINISTRATIVE HEARING OFFICE INRE: ES & AINC CASE NO.: 4400105579 D/B/A DAIQUIRI PARADISE ORDER A BE IT REMEMBERED that on the / fi day of UNG , 2026, came for consideration the Joint Motion for Approval of Compromise and Settlement Agreement, and the parties having appeared by and through their respective attorneys of record or representing themselves, and the Hearing Officer having considered the pleadings on file, the proposed Compromise and Settlement Agreement, and the said Motion, and it appearing to the Hearing Officer that the said Compromise and Settlement Agreement should be approved; it is, therefore, | ORDERED, ADJUDGED, AND DECREED that the Compromise and Settlement Agreement attached to the parties’ Joint Motion for Approval of Compromise and Settlement Agreement be, and the same is hereby, APPROVED; that ES & A, INC d/b/a Daiquiri Paradise must pay ONE THOUSAND FIVE HUNDRED and 00/100 ($1,500.00) DOLLARS to the Division within fifteen (15) days of approval by the Louisiana Gaming Control Board. Failure to i do so shall result in the immediate suspension of the gaming license without the necessity of any further administrative action until such time as the penalty is paid in full. SIGNED AND ENTERED this [146 day of Chass , 2026, in Baton Rouge, Louisiana. LOUISIANA GAMING CONTROL BOARD HEARING OFFICE | HEREBY CERTIFY THAT A CERTIFIED SUZAN S. PONDER COPY HAS een MAILED SERVED ON HEARING OFFICER DA) . 20, ATRUE COPY ATTRST LOUISIANA GAMING CONTROL BOARD DOCKET CLERK, ADMIN. HEARING OFFICE HEARING OFFI ie 25+ Fr inc. DIBIR DAiguies Ravadlte AON U.\V\eC Sor: Ruhnen DOCKET CLERK, INISTRATIVE HEARING OFFICE