ALCOHOL AND GAMING COMMISSION OF ONTARIO
IN THE MATTER OF The: Gaming Control Act, 1992, as amended
B E T W E E N:
Registrar, Alcohol and Gaming Commission of Ontario
Registrar
-and-
Andre Stefan Ambrosio
Registrant
DECISION AND ORDER
Panel: Patricia McQuaid, Vice-Chair, AGCO Dianne Axmith, Board Member
Decision Date: March 24, 2009
Hearing Location: Toronto, Ontario
Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto ON M2N 0A4 Phone: (416) 326-0366 Fax: (416) 326-5566 Toll Free In Ontario: 1-800-522-2876 Website: www.agco.on.ca
Appearances
Registrar, Alcohol and Gaming Commission ) Sujin Chan, Representative
Andre Stefan Ambrosio, Registrant ) Barry Wadsworth, Representative
Allegations
The Registrar of the Alcohol and Gaming Commission of Ontario issued Notice of Proposed Order dated November 20, 2008 to revoke the registration of ANDRE STEFAN AMBROSIO (the “Registrant”), 456 Apache Court, Mississauga, Ontario, L4A 3T2, as an OLG Security Officer in the class of gaming employee, registration number 91869, on the basis of section 12 of the Gaming Control Act, 1992 that there are reasonable grounds to believe that the Registrant will not act as a gaming assistant in accordance with law, or with integrity, honesty, or in the public interest, having regard to the past conduct. A hearing was convened on February 17, 2009 and evidence was heard. The parties advised, before the panel rendered its decision, that the parties had reached an agreement for the resolution of this matter. The hearing, therefore, re-convened, by teleconference, on March 18, 2009, in the City of Toronto.
Sujin Chan, Registrar’s Representative, and Barry Wadsworth, Registrant’s Representative, 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 June 8th, 2008, the Registrant was on strike and was picketing at Woodbine Racetrack.
When a vehicle attempted to drive through the picket line, the Registrant confronted it. He smashed the windshield by shoving the end of a flagpole into it. The driver was an elderly male who was alone in the car at the time of the incident.
The Registrant was charged with committing mischief under $5000. The charges were withdrawn as a result of the Registrant accepting Diversion involving 10 hours of community service and reimbursement for the damage of the vehicle.
The Registrant has expressed remorse and has taken steps to ensure that such behaviour does not recur.
The Registrant served a suspension of his security licence in relation to this incident, without pay, of over two months between September and November, 2008.
The Registrant has no prior record of suspensions with the Alcohol and Gaming Commission.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the registration of ANDRE STEFAN AMBROSIO, 456 Apache Court, Mississauga, Ontario, L4A 3T2, as an OLG Security Officer, registration number 91869, be suspended for SIX (6) weeks to commence on July 1, 2009 and continue until August 11, 2009, inclusive.
DATED AT TORONTO THIS 24th DAY OF March , 2009.
PATRICIA MCQUAID, VICE-CHAIR, AGCO DIANNE AXMITH, BOARD MEMBER
Attached
IN THE MATTER OF THE GAMING CONTROL ACT, 1992,
S.O. 1992, CHAPTER 24 AND REGULATIONS, AS AMENDED
AND IN THE MATTER OF THE
NOTICE OF PROPOSED ORDER TO REVOKE THE REGISTRATION OF
ANDRE AMBROSIO
AGREEMENT
The Registrant, having consulted legal counsel, and the Registrar’s Counsel agree to the following:
Agreed Statement of Facts
On June 8th, 2008, the Registrant was on strike and was picketing at Woodbine Racetrack.
When a vehicle attempted to drive through the picket line, the Registrant confronted it. He smashed the windshield by shoving the end of a flagpole into it. The driver was an elderly male who was alone in the car at the time of the incident.
The Registrant was charged with committing mischief under $5000. The charges were withdrawn as a result of the Registrant accepting Diversion involving 10 hours of community service and reimbursement for the damage of the vehicle.
The Registrant has expressed remorse and has taken steps to ensure that such behaviour does not recur.
The Registrant served a suspension of his security licence in relation to this incident, without pay, of over two months between September and November, 2008.
The Registrant has no prior record of suspensions with the Alcohol and Gaming Commission
Joint Submission Regarding Disposition
- The Registrant shall serve a six week suspension of his gaming registration to commence on July 1st, 2009 and to end on August 11th, 2009, inclusive.
Dated this 09 day of March, 2009
Andre Ambrosio Sujin Chan
Registrant Counsel for the Registrar, AGCO