LIQUOR LICENCE ACT, R.S.O. 1990
In the Matter of: NAMA SUSHI
750 St. Clair Ave. W.
Toronto, Ontario
M6C 1B5
Licensee: Shang Yun Kim
Licence Number: 809411
Notice of Proposal: To SUSPEND a licence and to ADD a condition to the licence
Dated September 29, 2006
The Proposal alleges that:
(a) contrary to subsection 30(4) of the Liquor Licence Act (“LLA”), the licensee or the licensee’s employee or agent permitted a person who appeared to be under the age of 19 years to have or consume liquor in the licensed premises.
(b) contrary to subsection 41(1) of Ontario Regulation 719/90
under the Liquor Licence Act (the “O. Reg. 719/90”) the licence holder failed to inspect a piece of identification of a person apparently under the age of 19 years prior to selling or serving liquor to that person.
Hearing: Alcohol and Gaming Commission of Ontario
90 Sheppard Ave. E., 3rd Floor
Toronto, Ontario
M2N 0A4
Via Teleconference
March 6, 2007
Presiding
Board Member: Patricia McQuaid, Vice-Chair
Agent for the
Registrar: Sujin Chan, Student at Law
Attendance: Shang Yun Kim, licensee
Exhibits: #1 Agreed Statement of Facts
#2 Joint Submission on Disposition
D E C I S I O N and O R D E R
WHEREAS the Board of the Alcohol and Gaming Commission of Ontario (“AGCO”) held a teleconference hearing on March 6, 2007, pursuant to a Notice of Proposal dated September 29, 2006 to suspend the liquor licence and to add a condition to the licence issued to Shang Yun Kim for premises operating as Nama Sushi, 750 St. Clair Ave. W., Toronto, Ontario, M6C 1B5, licence number 809411;
AND WHEREAS Shang Yun Kim, the licensee, appeared on his own behalf and waived his right to be represented by legal counsel;
AND WHEREAS the hearing proceeded by way of a written Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) submitted by the agent for the Registrar and Mr. Kim, appearing on his own behalf, which are attached hereto and form part of this decision. With reference to the particulars of the allegations, it was agreed and admitted that:
On July 15, 2006, an eighteen year old male patron consumed a beer on the licensed premises. He had not been asked to show his identification prior to the service of the beer.
AND WHEREAS based on the Agreed Statement of Facts, the Board made findings under
subsection 30 (4) of the LLA and subsection 41 (1) of O. Reg. 719/90. The Board accepted the withdrawal of the request for a condition on the licence contained in the Notice of Proposal dated September 29, 2006;
THEREFORE having considered the Joint Submission on Disposition, the Board hereby confirms its oral ORDER that the liquor licence issued to Shang Yun Kim for premises operating as Nama Sushi, 750 St. Clair Ave. W., Toronto, Ontario, M6C 1B5, licence number 809411 be SUSPENDED for TEN (10) consecutive days to COMMENCE at 11:00 a.m. on April 1, 2007 and CONTINUE until 2:00 a.m. on April 11, 2007.
DATED AT TORONTO THIS 6TH DAY OF MARCH, 2007.
PATRICIA MCQUAID, VICE-CHAIR
PM/mw
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, c.L.19, s. 15(1) AND 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE OF SHANG YUN KIM OPERATING AS NAMA SUSHI,
750 ST. CLAIR AVE. W., TORONTO,
LICENCE NUMBER 809411
AGREED STATEMENT OF FACTS
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holder’s right to legal counsel and having declined that right and agreed to proceed without legal counsel and Registrar’s Agent agree to the following:
On July 15, 2006, an eighteen year old male patron consumed a beer on the licensed premises. He had not been asked to show his identification prior to the service of the beer.
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 30 (4) under the Liquor Licence Act and subsection 41 (1) of Ontario Regulation 719/90 under the Liquor Licence Act.
The licensee has exhibited remorse.
The licensee has no prior record of disciplinary action with the Commission.
JOINT SUBMISSIONS ON DISPOSITION
The Licence Holder, who is not represented by legal counsel but who has been advised of the licence holder’s right to legal counsel and has declined that right and agreed to proceed without legal counsel and Registrar’s Agent submit that the following disposition is appropriate in these circumstances:
- A ten (10) day suspension of the liquor licence to commence at 11:00 a.m. on April 1, 2007 and to end at 2:00 a.m. on April 11, 2007.
Dated in Toronto this 22nd day of February, 2007.
Shang Yun Kim Sujin Chan
Licence Holder Agent for the Registrar of the AGCO
Julia Kim
Translator (and daughter of the Licence Holder)