ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The :
Liquor Licence Act, R.S.O. 1990, c. L.19, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission Ontario
Registrar
-and-
Sylvia Mooney, Amber Lynn Kostick, Kenji Tsujinaka
O/A Vintage Sports Lounge
Licensee
DECISION
Panel: Patricia McQuaid, Vice-Chair
Decision Date: May 23, 2008
Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, Suite 300
Toronto ON M2N 0A4
Phone: (416) 326-0366 Toll Free In Ontario: 1-800-522-2876
Fax: (416) 326-5566
Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Sujin Chan, Representative
Sylvia Mooney, Amber Lynn Kostick, )
Kenji Tsujinaka, Licensees ) Kenji Tsujinaka, on his own behalf
and on behalf of the licence holders
1. A teleconference hearing into Notice of Proposal number 15959 dated January 28, 2008, to suspend liquor licence number 90591 issued to Sylvia Mooney, Amber Lynn Kostick, Kenji Tsujinaka operating as VINTAGE SPORTS LOUNGE, 5993 Main Street, Niagara Falls, Ontario, L2G 5Z7, on the basis of alleged violations of subsections 30(2) and 30(4) of the Liquor Licence Act (“LLA”) and subsection 41(1) of Ontario Revised Regulation 719/90 (“O.Reg”) made pursuant to the LLA, was held on May 22, 2007 in the City of Toronto.
2. Kenji Tsujinaka is one of the Licensees. He appeared on his own behalf and on behalf of the licence holders and waived the right to legal representation.
3. Sujin Chan, Registrar’s Representative, and the Licensee submitted an Agreed Statement of Facts and Joint Submission on Disposition (Exhibit #1) which form part of this decision. It was agreed and admitted that:
On July 27, 2007, a minor consumed alcohol in the establishment.
4. Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 30(4) of the LLA. The Board accepted the withdrawal of the remaining allegations.
Order
5. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence issued to Sylvia Mooney, Amber Lynn Kostick, Kenji Tsujinaka operating as VINTAGE SPORTS LOUNGE, 5993 Main Street, Niagara Falls, Ontario, L2G 5Z7, be SUSPENDED for THREE (3) consecutive days to COMMENCE at 11:00 a.m. on June 11, 2008, and CONTINUE until 2:00 a.m. on June 14, 2008.
6. Further, the Board ORDERS that the following condition be attached to the licence:
“There shall be no minors in the establishment after 8:00 p.m. daily.”
DATED AT TORONTO THIS 23rd DAY OF MAY, 2008.
PATRICIA MCQUAID, VICE-CHAIR
PM/cp
Attached.
IN THE MATTER OF THE LIQUOR LICENCE ACT
R.S.O. 1990, chapter L.19, subsections 15(1) and 21(1)
AND IN THE MATTER OF THE LIQUOR LICENCE
OF SYLVIA MOONEY, AMBER LYNN KOSTICK, KENJI TSUJINAKA
OPERATING AS VINTAGE SPORTS LOUNGE,
5993 MAIN STREET, NIAGARA FALLS
LICENCE NO. 90591
NOTICE OF PROPOSAL NO. 15959
AGREEMENT
- Independent Legal Advice
The Licence Holder acknowledges that the Licence Holder has been advised of the Licence Holder’s right to obtain independent legal advice before entering into this Agreement. The Licence Holder acknowledges that the Licence Holder has decided not to obtain independent legal advice with regard to this Agreement and consents to make this Agreement without independent legal advice.
- Agreed Facts
The Licence Holder and Registrar’s Counsel agree to the following:
On July 27, 2007, a minor alcohol consumed alcohol in the establishment.
Based on the facts in the above paragraph, the licence holder admits to violations of subsection 30(4) of the Liquor Licence Act.
The licence holder has shown remorse and taken measures to ensure this infraction does not recur in the future.
The licence holder has no prior record of disciplinary action with the Commission.
Joint Submission Regarding Disciplinary Action
The Licence Holder and Registrar’s Counsel submit that the following disposition will be imposed based on the Agreed Facts:
A three (3) day suspension of the liquor licence to start at 11:00 am on Junt 11th, 2008, and to end at 2:00 a.m. on June 14th, 2008.
A condition is added to the liquor licence ordering that “There shall be no minors in the establishment after 8:00 p.m. daily.”
Request for Hearing
Based on this agreement the Licence Holder admits the violations and accepts the disciplinary action cited in this Agreement.
Dated in Toronto this 14 day of May, 2008.
Kenji Tsujinaka Sujin Chan
Licence Holder Counsel for the Registrar of the AGCO