August 28, 2018 CODE INC SHE SHES 4420 CONLIN STE 101 METAIRIE, LA 70006-0000 Location Address: 9000 CHEF MENTUR HWY STE K NEW ORLEANS, LA 70127 Permit Number: 3600005072; 3650001094 Case Number: 2018-1512 AMENDED NOTICE OF SUSPENSION Pursuant to La. R.S. 49.961(c), alcohol beverage permit number 3600005072 and tobacco permit number 3650001094 issued to CODE INC d/b/a SHE SHES located at 9000 CHEF MENTUR HWY STE K, NEW ORLEANS, LA 70127 are hereby summarily suspended and the business is ordered to immediately cease the sale of alcoholic beverages and tobacco products. Said suspension shall remain effective unless ordered otherwise. It is hereby determined by the State of Louisiana, Department of Revenue, Office of Alcohol and Tobacco Control (“ATC”) that the public health, safety, and welfare imperatively requires emergency action, based on evidence that CODE INC d/b/a SHE SHES or its agent, associate, employee, representative or servant are in violation(s) of the following: 3 COUNTS - (1st Offense) - La. R.S. 26:90A(11) & 26:286A(11) - Narcotics or Habit Forming Drugs - no person holding a retail dealer's permit and no agent, associate, employee, representative, or servant of any such person shall do or permit any of the following acts to be done on or about the licensed premises: A(11) illegally sell, offer for sale, possess or permit the consumption on or about the licensed premises of any kind or type of narcotics or habit forming drugs. See Attachment A. 7 COUNTS - (1st Offense) - La. R.S. 26:90A(4) & 26:286A(4) - Prostitutes or Solicitation On Premises - no person holding a retail dealer's permit and no agent, associate, employee, representative, or servant of any such person shall do or permit any of the following acts to be done on or about the licensed premises: A(4) permit any prostitute to frequent the licensed premises or to solicit patrons for prostitution on the licensed premises. See attachment A. 2 COUNTS - (1st Offense) - La. R.S. 26:90D(2) & 26:286D(2) - Live Entertainment / Perform Or Simulate Touching, Caressing, Or Fondling - live entertainment is permitted on any licensed premises, except that no permittee shall permit any person to perform acts of or acts which 7979 Independence Blvd., Suite 101, Baton Rouge, La 70806 P.O. Box 66404, Baton Rouge, LA 70896-6404 Telephone: (225) 925-4041 & Fax: (225) 925-4747 Amended Notice of Suspension - 2018-1512 V 02/18 Page 1 of 3 simulate: (2) the touching, caressing or fondling of the breast, buttocks, anus, or genitals. See attachment A. 4 COUNTS - (lst Offense) - La. R.S. - Live Entertainment Displaying - for permitting the displaying of the pubic hair, anus, vulva, genitals or nipple of the female breast. See attachment A. (lst Offense) - La. RS. - Alcohol Invoices Not Available - retail dealers shall keep a record of all alcoholic beverages purchased by them and shall hold all books, records and memoranda pertaining to the purchase and sale of such alcoholic beverages for inspection by the commissioner or his agents. See attachment A. (lst Offense) - LAC - Posting Prohibitive Acts - Every dealer engaged in the business of dealing in alcoholic beverages shall, upon receipt of the document listing prohibitive acts on licensed premises mailed with all permits, post the same in the premises licensed in a place conspicuous, in full public View, subject to inspection at all times. See Attachment A. (lst Offense) - LAC - Posting Of The National Human Traf?cking Resource Poster - All establishments listed in RS. shall prominently display a poster furnished by the Of?ce of Alcohol and Tobacco Control containing information regarding the National Human Traf?cking Resource Center hotline in all male and female public restrooms located within the premises. See Attachment A. AMENDED CHARGES 3 COUNTS (lSt Offense) La. R.S. - Illegally sell, offer for sale, possess, or permit the consumption on or about the licensee's premises of any kind or type of controlled dangerous substance. Speci?call ATC obtained evidence undercover a ents did purchase drugs from the following dancerszhold marijuana on 04/ l3/2018;h sold marijuana on 05/03/2018; and so cocaine on 05/03/2018. 3 COUNTS - (lst Offense) - La. RS. - Alcohol Noti?cation Suitability For Owner/Manager - if the permit holder is a corporation or limited liability company, the permit holder shall notify the of?ce of alcohol and tobacco control of any changes in the of?cers, directors, managers, shareholders, members, or persons previously quali?ed to conduct or manage the business within ?fteen days of the date of such changes. The noti?cation shall include the suitability documents and information for each new individual required to possess the quali?cations of the applicants. However, in the event of the dissolution of a partnership by death, the surviving partner or partners may operate under the partnership permit. Speci?cally, due to failure to notify ATC and submit suitability documents and information of each manager or persons holding managerial authority, including but not limited to Anthony Rout, Mark Percy, and Wilfred Morris. 3 COUNTS - (lst Offense) - LAC - Employee Not RV Certi?ed - The vendor shall require all ?servers? and ?security personnel? to attend an approved server or security personnel training course within 45 days of the ?rst day of employment. 7979 Independence Blvd., Suite 101, Baton Rouge, La 70806 PO. Box 66404, Baton Rouge, LA 70896-6404 Telephone: (225) 925-4041 Fax: (225) 925-4747 2018-1512 - Page 2 of 3 Specifically, on 08/24/2018, ATC agent conducted an inspection and observed Joseph Cho, Kevin White, and Theron Marsh, did not maintain a valid server or security personnel card and has been employed for greater than 45 days. An administrative hearing is scheduled on 09/07/2018, 10 AM at Benson Towers, 1450 Poydras Street, 11th Floor, New Orleans, LA 70112. If you have any questions, you may contact the Prosecutor’s Office at (225) 925-6345 between the hours of 8:00 a.m. and 4:30 p.m. Sincerely, Juana Marine-Lombard, Commissioner Office of Alcohol and Tobacco Control JL/LP CC: Pursuant to R.S. 26: 99.1, 296.1, and 919.1 the Office of Alcohol and Tobacco control may utilize teleconference, video link, or other visual remote communications technology to conduct all or any part of an administrative hearing. Any party objecting to the use of teleconference, video link, or other visual remote communications technology shall provide the Commissioner with written notice of the objection at least five calendar days prior to the scheduled hearing date. Failure to object in writing at least five calendar days prior to the scheduled hearing date shall conclusively constitute a waiver of any objections. Objections should be mailed to 8585 Archives Ave., Ste. 305, Baton Rouge, LA 70809 attention Prosecutor’s Office. CERTIFICATION OF SERVICE I hereby certify I am in receipt of Notice of Suspension and have been provided a copy in accordance with La. R.S. 26:98 and La. R.S. 26:95. ______________________________________ Print Name _______________________________________ Signature _______________________________________ Date 7979 Independence Blvd., Suite 101, Baton Rouge, La 70806 P.O. Box 66404, Baton Rouge, LA 70896-6404 Telephone: (225) 925-4041 & Fax: (225) 925-4747 2018-1512 - Page 3 of 3 gums of ionisiaua Attachment A Johanel Edwards Juana Marine-Lombard .overnor 0 Commissioner August 24, 2018 CODE INC SHE SHES 9000 CHEF MENTUR HWY STE NEW ORLEANS, LA 70127 Permit Number: T.36.0050001094-P Case Number: 2018-1512 NOTICE OF SUSPENSION Pursuant to La. R.S. alcohol beverage permit number AG.36.0000005072-BL and tobacco permit number T.36.0050001094-P issued to CODE INC d/b/a SHE SHES located at 9000 CHEF MENTUR HWY STE K, NEW ORLEANS, LA 70127 are hereby summarily suspended and the business is ordered to immediately cease the sale of alcoholic beverages and tobacco products. Said suspension shall remain effective unless ordered otherwise. It is hereby determined by the State of Louisiana, Department of Revenue, Of?ce of Alcohol and Tobacco Control that the public health, safety, and welfare imperatively requires emergency action, based on evidence that CODE INC d/b/a SHE SHES or its agent, associate, employee, representative or servant are in violation(s) of La. RS. 26 Offense)(3 COUNTS) for illegally selling, offering for sale, possess, or permit the consumption on or about the licensed premises of any kind or type of controlled dangerous substances. La. R.S. Offense)(7 COUNTS) for permitting any prostitute to frequent the licensed premises or to solicit patrons for prostitution on the licensed premises; for violating La. R.S. Offense)(2 COUNTS) for permitting any person to perform acts of or acts which simulate the touching, caressing or fondling of the breast, buttocks, anus, or genitals, and for violating La. R.S. Offense)(4 COUNTS) for permitting the displaying of the pubic hair, anus, vulva, genitals or nipple of the female breast, and failed to certify all managers certi?ed in violation of LA R.S. failed to provide books and invoices available in a timely manner in violation of La. R.S. 26:143 26:370; failed to post Acts prohibited signs as required in accordance with L.A.C. 55:305; and failed posting the National Human Traf?cking Resource Center Hotline as required by LAC 55.331. Speci?cally, the Louisiana Of?ce of Alcohol and Tobacco Control (hereinafter conducted an undercover investigation obtained evidence of drug sales, solicitation of sex, and lewd acts. Undercover agents did purchase marijuana on 04/13 ?om a dancer known as did purchase marijuana on 05/03/2018 from a dancer known as Fand did purchase cocaine from a dancer known as During the investigation, were solicited for sex by several dancers: on 04/13/18, offered oral sex for $150, on 05/03/18 offered sex for $250; -offered oral sex for $80 or oral and vaginal sex for 150' on 07/06/18, offered oral and vaginal sex for $100 if UC used a condom; offered for 80 oral sex only because UC did not have condoms or sex outside the usmess or $250; and- offered oral and vaginal sex for $130. During investigation, UC observed Inuisiam ()f?cc Alcohol and Tobacco Control 797?) limit-?2rd, Suite 101, Baton Rouge, 70806 0 Post Of?ce Box 66404, Baton Rouge, Inuisiana 70896 6404 mm Pagclon dancer exposed their bare breast and vagina on 4 different occasion and also observed dancers touching their vagina on two separate occasions. ATC Agent also obtained evidence that Anthony Rout has not been certified to the ATC as a manager as required by law. ATC agent requested alcohol invoices and employees records and observed none on premises. ATC agent also observed any posting of the National Human Trafficking Poster. An administrative hearing is scheduled on 09/07/2018, 10 AM at Benson Towers, 1450 Poydras Street, 11th Floor, New Orleans, LA 70112. Therefore, you and/or your legal representative* is hereby directed to appear and give testimony regarding the above referenced matters before the Commissioner. Should you fail to appear for the administrative hearing, the hearing will proceed without you and all testimony and evidence presented by the Office will be considered and a decision will be rendered including possible suspension and/or revocation of your license(s) on 009/07/2018. If you have any questions, you may contact the Prosecutor’s Office at (225) 925-6345 between the hours of 8:00 a.m. and 4:30 p.m, Monday through Friday. Sincerely, Juana Marine-Lombard, Commissioner Office of Alcohol and Tobacco Control JL/LP CC: Pursuant to R.S. 26: 99.1, 296.1, and 919.1 the Office of Alcohol and Tobacco control may utilize teleconference, video link, or other visual remote communications technology to conduct all or any part of an administrative hearing. Any party objecting to the use of teleconference, video link, or other visual remote communications technology shall provide the Commissioner with written notice of the objection at least five calendar days prior to the scheduled hearing date. Failure to object in writing at least five calendar days prior to the scheduled hearing date shall conclusively constitute a waiver of any objections. Objections should be mailed to 7979 Independence Boulevard, Suite 101, Baton Rouge, LA 70806 attention Prosecutor’s Office. *Legal representative includes attorneys and managers who have submitted a Schedule “A” to the Office of Alcohol and Tobacco Control. Any other legal representative must present a notarized affidavit identifying them as such. CERTIFICATION OF SERVICE I hereby certify I am in receipt of Notice of Suspension and have been provided a copy in accordance with La. R.S. 26:98 and La. R.S. 26:95. ______________________________________ Print Name _______________________________________ Signature _______________________________________ Date Louisiana Office Of Alcohol and Tobacco Control 7979 Independence Boulevard, Suite 101, Baton Rouge, LA 70806 Post Office Box 66404, Baton Rouge, Louisiana 70896-6404 Telephone (225) 925-4041 Fax (225) 925-3975 www.atc.la.gov Page 2 of 2 game at John Bel Edwards . Juana Marine-Lombard Governor 0 Commissioner August 24, 2018 I INC VISIONS 3524 16TH ST UNIT METAIRIE, LA 70002 Location Address: 4000 DOWNMAN RD NEW ORLEANS, LA 70126 Permit Number: T.9l .0060001 T.92.0050002709-VM Case Number: 2018-1511 NOTICE OF SUSPENSION Pursuant to La. R.S. 49.961 (0), alcohol beverage permit number AG.36.0000007201-BL and tobacco issued to I INC located at 4000 DOWNMAN RD, NEW ORLEANS, LA 70126 are hereby summarily suspended and the business is ordered to immediately cease the sale of alcoholic beverages and tobacco products. Said suspension shall remain effective unless ordered otherwise. It is hereby determined by the State of Louisiana, Department of Revenue, Of?ce of Alcohol and Tobacco Control that the public health, safety, and welfare imperatively requires emergency action, based on evidence that I INC QM VISIONS or its agent, associate, employee, representative or servant are in violation(s) of La. RS. 26 90A(l 1) 1)(1St Offense)(3 COUNTS) for illegally selling, offering for sale, possess, or permit the consumption on or about the licensed premises of any kind or type of controlled dangerous substances. La. R.S. Offense)(3 COUNTS) for permitting any prostitute to frequent the licensed premises or to solicit patrons for prostitution on the licensed premises; for violating La. R.S. st Offense)(2 COUNTS) for permitting any person to perform acts of or acts which simulate the touching, caressing or fondling of the breast buttocks, anus, or genitals, and for violating La. R.S. st Offense)(l 3 COUNTSS for permitting the displaying of the pubic hair, anus, vulva, genitals or nipple of the female breast' vio La. R.S. Offense)(2 COUNTS) for permitting any person to perform a or acts which simulate: Sexual intercourse, masturbation, sodomy, bestiality, oral copulation ?a 11C .8 Of or any sexual acts which are prohibited by law; and La. R.S. ge .ation, . . . . 0f encoura rm permitting any person on the licensed prermses to touch, caress or fondle the breasts butt or genitals of any other person. 0C 8? anus, 0r lating Speci?cally, the Louisiana Of?ce of ?Alcohol and Tobacco Control conducted an undercover investigation obtained evidence of drug sales 3 (hereina?er lewd acts. Undercover agents did purchase marijuana on 03/01 . . /2 as -did purchase cocaine on 05/08/2018 and 07/06/18 from a (12:1: frim a dance On 03/01/18, Undercover agents were also solicited for prostitution on er tlown as on 03/01/18 by _who offered sexual acts for $250; on 05/15/1 bee dlfferem occaSiOn: 8 y-and- MI an ldephonc (215) 9254041 0 1mm) 9253975 ?m Rouse. I ?mm, I ollcuation of sex and known Iouis'nm Of?ce OfAloohol and'l'obacm 1 -c 0 ?tate of inuisiana mamwmw John Bel Edwards Juana Marine-Lombard Governor Wiener State of Louisiana, Department of Revenue, Of?ce of Alcohol and Tobacco Control Versus CODE INC. SHE SHBS 9000 CHEF MENTUR HWY STE NEW ORLEANS, LA 70127 Permit Number: AG.36.0000005072-BL, T.36.0050001094-P Case Number: 2018-1512 ORDER This matter came before the Commissioner of the Office of Alcohol and Tobacco Control Department of Revenue, through a Notice of Suspension and Summons to Appear for an Administrative Hearing to provide evidence and arguments on alleged violations of La. Rev. Statute listed herein. In resolution of allegations contained herein, Commissioner ?nds the business failed to properly supervise its agent, partner, employee, independent contractors, customers, and/or any persons involved in the violations listed herein. In accordance with La. R.S. 26:901-1 26:2861-l, Commissioner ?nds violation of Title 26 by a retail dealer?s agent, associate, employee, representative or servant shall be considered the retail dealer?s act for the purpose of suspension or revocation of a permit and hereby imposes the following: st Offense - La. RS. 1 Offense - La. $1 Offense - La. R.S. $3500 Consent -La. R.S.26 1000+ Offense - La. R.S. WARNINGS - LA - WARNING st - LAC WARNING - LAC 55 - 3 COUNTS WARNING 5? La. RS. 26:76 26:276 - 3 COUNT Consent st - La. R.S. - Alcohol Invoices Not A WARNING 7979 independence Blvd, Suite 101, Baton Rouge. L: 70806 P.O. Box 66404, Baton Rouge, lA 70896-6404 Telephone: [225) 925-4041 81 Fax: (225) 925-4747 201484512 voz/m 933:1 ofd In order to prevent further violations and to amicably resolve the administrative violations, CODE INC. d/b/a SHE SHBS through legal counsel, Frank DeSalvo, hereby enters a plea of no contest and hereby consents to ?rlly comply with each provision of the consent listed below. gamma 1. SUSPENSION - CODE INC. d/b/a SHB SHES alcohol permit number AG.36.0000005072-BL and tobacco permit number 11360050001094? shall be suspended for period of thirty-one (31) days, of which twenty (20) days shall be deferred in consideration of terms listed herein. Business shall be granted time served since August 25, 2018. All permit(s) shall be reinstated at 12 am. on 09/05/2018. 2. ADDED HUMAN TRAFFICKING ml?l?c - The business shall conduct training on all current and future employees, entertainers, dancers, independent contractor, agent, and/or associate no less than semi-annually. Training shall include educating and providing awareness on the issue and concerns involving human traf?cking. At a minimum, training shall include discussing de?nition of human traf?cking, opportunities to identify actual or potential victims of human traf?cking, behavioral characteristics of victims of human traf?cking and resources available to assist victims of human traf?cking Business shall be required to maintain a record of said training and all persons in attendance, including date of training, names, alias, birthday, last four digits of social security number and position. 3. TRAININ - OF CONDUCT - The Business shall conduct training for all current and future employees, entertainers, dancers, independent contractor, agent, and/or associate no less than once every six (6) months on the mics and regulations that govern the service of alcohol in conjunction with the conduct permitted on an alcohol retail establishment providing live adult entertaimnent. Training shall include but not limited to common or current issues such as de?nition and prohibition of prostitution, solicitation for prostitution, narcotic activities, and lewd acts as de?ne under La. R.S. 26:903 et seq. a. Prior to employment, Business shall provide proper training to all new hires including providing education on rules and regulations, prohibited conduct, prohibition against criminal convictions, human tra?icking awareness training, and information listed herein. All employees shall be required to sign one or more form(s) acknowledging receipt and an understanding of such information. Forms shall be made available upon request by the ATC. 4. ADDED SECURITY The business shall hire an outside security firm, which must be approved by ATC The outside security ?rm must immediately notify management of all potential and actual violations of Title 26 on its premise, including but not limited to the sale, offer for sale, possession or consumption of illegal controlled dangerous substances, the solicitation of patrons for prostitution on the premise, actual or simulated sexual acts by patrons or employees, and lewd, immoral or improper activities or entertainment by employees, dancers, agents, representatives, or independent contractors of the business. a. Business shall submit proof of hire of an outside security ?rm within thirty (30) days of the effective date of this agreement. 5. ZERO TOLERANCE - The business shall immediately self-report to ATC all potential and actual violations of Title 26, including the corrective action taken by the business. The business shall immediately terminate all employees, independent contractors, agents, associates, and representatives, who cause the violation, including those individuals who sell, offer for sale, possess, or consume 7979 Independence Blvd, Suite 101, Baton Rouge, ta 70806 PO. Box 66404, Baton Rouge, LA 70896-6404 Telephone: (225) 925-4041 8: Fax: (225) 925-4767 2018-1512 - Page 20f 4 illegal controlled dangerous substances on the premise, solicit patrons for prostitution on the premise, or perform actual or simulated sexual acts on the premise. The business shall also discipline any member of management who participated in or failed to prevent such violations. When the business self-reports to ATC, it shall not be considered a violation with ATC if business took appropriate action and submit proof of same. a. Reports shall be mailed to Attention: Legal Division, 1409 Poydras Street, ll"I Floor, New Orleans, La. 70112 or emailed to Angelle.Dupre@atc.la.gov. Any reports submitted in any other method shall not be accepted by the ATC. . PROBATION - The btsiness shall be placed on probation for a period of one (1) year beginning on the effective date of this agreement. If business violates any of terms listed herein during probationary period, then the business shall be ?ned and/or suspended or revoked in accordance with below. For clari?cation purposes, all administrative charges listed in the Notice of Suspension shall be considered in determining level of subsequent offense(s). a) SECOND OEENSE a. On a second offense violations related to prostitution or solicitation of prostitution, lewd acts involving touching and/or illegal activities, the business shall be required to serve the remaining balance of suspension (20 days) and shall be suspended for up to seven (7) days per violation and/or ?ned up to $2500 per violation, at commissioner?s option. b. On a second offense violations related to lewd acts involving exposing or displaying to view nipple of female breast, any portion of the public hair, anus, buttocks, vulva, the business shall be suspended up to seven (5) days per violation andlor be ?ned up to $1500 per violation, at commissioner?s option. b) THIRD QMSE - 0n athird offense, the business shall be ?ned up to $15,000 per and/or ninety (90) days suspension per violation and/or revocation of all permit(s), at commissioner?s option. . MYSTERY - The business shall conduct mystery shopping by a third party company at least twice per month and report the results to ATC every month by the day of the following month, beginning on November 5, 2018. Terms of this agreement shall be submitted in writing to the ATC and requires approval from the commissioner. a. Business shall submit proof that a third party company was hired to conduct the secret shopper program on or before October 5, 2018. b. Business shall be required to maintained the secret shopper program which shall maintain at least one secret shop per month for one year from the date of submission of ?rst report; c. If no violations are observed during ?rst year of the secret shopper program, business may reduce the shop to once per quarter or once every three (3) months. . - A high quality camera system shall be installed that covers at minimum all areas of the main ?oor, VIP rooms, private rooms or ?oors, and stage area of the premise (excluding restrooms). Camera system shall monitor and record all listed areas and shall be capable of maintaining all recording for a minimum of thirty (30) days. Such recordings shall be made available to ATC immediately upon request. 79791ndependence Blvd" Suite 101. Baton Rouge, Ia 70806 no. Box 66404, Baton Rouge. LA 70896-6404 Telephone: (225) 925-4041 Fax: (225) 925-4747 2018-1512-Paac30f4 9. TERMINATION - All employees and/or independent contractor identi?ed as a result of an ATC investigation shall be terminated. The business shall provide proof of termination to ATC within ?ve (5) days. 10. RECORDS - The business shall ensure that all servers and security personnel are license with the Louisiana Responsible Vendor Program as servers and security personnel. The business must also maintain records of all employees, independent contractors, agents, associates and representatives, including the name, date of birth, last four digits of social security number, and date of hire of such persons. a. Business shall be required to submit a list of all persons including but not limited dancers, entertainers, servers, security personnel independent contractors, agents, associated and or associated employed on the date of violations as listed in the Notice of Suspension within ?ve (5) days of the effective date of this agreement. b. Business shall be required to con?rm and submit all suitability documents of all persons managing, in part or in whole, the business in the absence of owner?s presence on or before September 19, 2018. ll. SEX TRAFFIQEG - The business shall be required to participate in Club Operators Against Sex (COAST). Submission of proof must be submitted to the ATC within 60 days of this agreement. 12. FINES AND PENALTIES - Business shall be imposed a monetary penalty in the amount of $7500.00 which shall due on or September 19,2018 or all permits shall be suspended until paid. Effective date: September 4, 2018 CODE INC. SHE SHBS ~4r=rrce or AL . 0L TOBACCO CONTROL OC: Frank DeSalvo Counsel of Record fd Iv 7979 Independence Blvd? Suite 101, Baton Rouge, I: 70806 P.O. Box 66604. Baton Rouge, IA 70896-6404 Telephone: (215)925-4041 Fax: (225) 925-4747 2018-1512 - Page 4 0M ?tate of Inuisiana mawmmw JohnBel Edwards Governor Juana MarineoLombard Combs! oner State of Louisiana, Department of Revenue, Of?ce of Alcohol and Tobacco Control Versus I INC. VISIONS 4000 DOWNMAN RD NEW ORLEANS, LA 70126 Permit Number: AG.36.0000007201-BL, T.9l .0060001 T.36.006001 1290-P Case Number: 2018-151 1 ORDER This matter came before the Commissioner of the Of?ce of Alcohol and Tobacco Control Department of Revenue, through a Notice of Suspension and Summons to Appear for an Adminis?aative Hearing to provide evidence and arguments on alleged violations of La. Rev. Stat. Ann and In resolution of allegations contained herein, Commissioner ?nds the business failed to properly supervise its agent, partner, employee, independent contractors, customers, and/or any persons involved in the violations listed herein. In accordance with La RS. 26:2861-1, Commissioner finds violation of Title 26 by a retail dealer?s agent, associate, employee, representative or servant shall be considered the retail dealer?s act for the purpose of suspension or revocation of a permit and hereby imposes the following: VIOLATIONS PENALTIES (lst Offense) - La. RS. 3 COUNTS $1500.00 Consent (lst Offense) - La. 26:91 3 COUNTS $1500.00 Consent (lst Offense) - La. RS. 3 COUNTS $1500 Consent (lst Offense) - La. R.S. 2 COUNTS $1000 Consent (lst Offense) - La. R.S. Occuned on 08/24/2018 $500 Consent (lst Offense) - La. R.S. Occurred on 08/24/2018 $500 Consent (lst Offense) - La. R.S. 2863(3) COUNT $500 Consent (Ist Offensel- La. R.S. IS COUNTS WARNINGS Offense) - La. R.S. 26:76 261276 I COUNT WARNING TOTAL FLNES $7000.00 7979 Independence Blvd, Suite 101, Baton Rouge, [3 70806 P.O. Box66404, Baton Rouge, 708966404 Telephone: (225) 925-4041 Fax: (225) 925-4747 2018-1511 02/18 Page 1 ofd In order to prevent further violations and to amicably resolve the administrative violations, I INC. d/b/a VISIONS, through legal counsel, Frank DeSalvo, hereby enters a plea of no contest and hereby consents to fully comply with each provision of the consent listed below. 3. CONSENT TERMS . SUSEENSION - CODE INC. d/b/a VISIONS, alcohol permit number AG.36.0000007201-BL and tobacco permit number T.92.0050002709-VM, 12910060001 and 136006001 1290-? shall be suspended for period of thirty-one (31) days, of which twenty (20) days shall be deferred in consideration of terms listed herein. Business shall be granted time served since August 25, 2018. All permit(s) shall be reinstated at 12 am. on 09/05/2018. ADDEQ ggmu TRAFFICIGNG TRAINING The business shall conduct training on all current and future employees, entertainers, dancers, independent contractor, agent, and/or associate no less than semi-annually. Training shall include educating and providing awareness on the issue and concerns involving human traf?cking. At a minimum, training shall include discussing de?nition of human traf?cking, opportunities to identify actual or potential victims of human traf?cking, behavioral characteristics of victims of human trafficking and resources available to assist victims of human traf?cking. Business shall be required to maintain a record of said training and all persons in attendance, including date of training, names, alias, birthday, last four digits of social security number and position. TRAINING - RULES OE - The Business shall conduct training for all cmrent and future employees, entertainers, dancers, independent contractor, agent, and/or associate no less than once every six (6) months on the rules and regulations that govern the service of alcohol in conjunction with the conduct permitted on an alcohol retail establishment providing live adult entertainment. Training shall include but not limited to common or current issues such as de?nition and prohibition of prostitution, solicitation for prostitution, narcotic activities, and lewd acts as de?ne under La. R.S. et seq. a. Prior to employment, Business shall provide proper training to all new hires including providing education on rules and regulations, prohibited conduct, prohibition against criminal convictions, human trafficking awareness training, and information listed herein. All employees shall be required to sign one or more form(s) acknowledging receipt and an understanding of such information. Forms shall be made available upon request by the ATC. ADDED SECURITY - The business shall hire an outside security ?rm, which must be approved by ATC. The outside security ?rm must immediately notify management of all potential and actual violations of Title 26 on its premise, including but not limited to the sale, offer for sale, possession or consumption of illegal controlled dangerous substances, the solicitation of patrons for prostitution on the premise, actual or simulated sexual acts by patrons or employees, and lewd, immoral or improper activities or entertainment by employees, dancers, agents, representatives, or independent contractors of the business. a. Business shall submit proof of hire of an outside security firm within thirty (30) days of the effective date of this agreement. ZERO TOLERANCE - The business shall immediately self-report to ATC all potential and actual violations of Title 26, including the corrective action taken by the business. The business shall Blvd. Salts 101, Baton Rouge, La 70806 9.0. Box 66404, Baton Rom, IA 70896-6004 Telephone: (225) 925-4061 8: Fax: (225)925-4747 2013-1511 . Page 2 014 7. immediately terminate all employees, independent contractors, agents, associates, and representatives, who cause the violation, including those individuals who sell, offer for sale, possess, or consume illegal controlled dangerous substances on the premise, solicit patrons for prostitution on the premise, or perform actual or simulated sexual acts on the premise. The business shall also discipline any member of management who participated in or failed to prevent such violations. When the business self-reports to ATC, it shall not be considered a violation with ATC if business took appropriate action and submit proof of same. a. Reports shall be mailed to Attention: Legal Division, 1409 Poydras Street, 11th Floor, New Orleans, La. 70112 or emailed to Angelle.Dupre@atc.Ia.gov. Any reports submitted in any other method shall not be accepted by the ATC. PROBATION - The business shall be placed on probation for a period of one (1) year beginning on the effective date of this agreement. If business violates any of terms listed herein during probationary period, then the business shall be ?ned and/or suspended or revoked in accordance with below. For clari?cation purposes, all administrative charges listed in the Notice of Suspension shall be considered in determining level of subsequent offense(s). a) SECOND OFFENSE a. On a second offense violations related to prostitution or solicitation of prostitution, lewd acts involving touching and/or illegal drug activities, the business shall be required to serve the remaining balance of suspension (20 days) and shall be suspended for up to seven (7) days per violation and/or ?ned up to $2500 per violation, at commissioner?s option. b. On a second offense violations related to lewd acts involving exposing or displaying to view nipple of female breast, any portion of the public hair, anus, buttocks, vulva, the business shall be suspended up to seven (5) days per violation and/or be ?ned up to $1500 per violation, at commissioner?s option. b) THIRD OFFENSE - On a third offense, the business shall be ?ned up to $15,000 per and/or ninety (90) days suspension per violation and/or revocation of all pennit(s), at commissioner?s option. MYSIERY SHOPPING - The business shall conduct mystery shopping by a third party company at least twice per month and report the results to ATC every month by the 5* day of the following month, beginning on November 5, 2018. Terms of this ageement shall be submitted in writing to the ATC and requires approval from the commissioner. a. Business shall submit proof that a third party company was hired to conduct the secret shopper program on or before October 5, 2018. b. Business shall be required to maintained the secret shopper program which shall maintain at least one secret shop per month for one year from the date of submission of ?rst report; c. if no violations are observed dining ?rst year of the secret shopper program, business may reduce the shop to once per quarter or once every three (3) months. SECURITY CAMERAS - A high quality camera system shall be installed that covers at minimum all areas of the main ?oor, VIP rooms, private rooms or floors, and stage area of the premise (excluding restrooms). Camera system shall monitor and record all listed areas and shall be capable of 79791ndependence Blvd" Sulte 101. Bacon Booze, La 70805 9.0. Box 66404. Baton Rouge. IA 70896-6404 Telephone: (225) 9254041 Fox: (225) 925-4747 2018-1511 - Page 3 of4 10. ll. 12. maintaining all recording for a minimum of thirty (30) days. Such recordings shall be made available to ATC immediately upon request. TMTION - All employees and/or independent contractor identi?ed as a result of an ATC mvestigation shall be terminated. The business shall provide proof of termination to ATC within five (5) days. RECORDS - The business shall ensure that all sewers and security personnel are license with the Louisiana Responsible Vendor Program as servers and security personnel. The business must also maintain records of all employees, independent contractors, agents, associates and representatives, including the name, date of birth, last four digits of social security number, and date of hire of such persons. a. Business shall be required to submit a list of all persons including but not limited dancers, entertainers, servers, security personnel independent contractors, agents, associated and or associated employed on the date of violations as listed in the Notice of Suspension within ?ve (5) days of the effective date of this agreement. b. Business shall be required to con?rm and submit all suitability documents of all persons managing, in part or in whole, the business in the absence of owner?s presence on or before September 19, 2018. EX FFICKING - The business shall be required to participate in Club Operators Against Sex (COAST). Submission of proof must be submitted to the ATC within 60 days of this agreement. FINES My - Business shall be imposed a monetary penalty in the amount of $7000.00 which shall due on or September 19,2018 or all permits shall be suspended until paid. Effective date: September 4, 2018 CC: Frank DeSalvo Counsel of Record dvom 7979 Independence Blvd, Sula: 101. Baton Rouge, La 70806 9.0. Box 66404, Baton Home, lA 70896-5404 Telephone: (225) 925-4041 8t Fax: (225) 925-4747 1028-1511-Pasc4d4