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 of Ontario
Registrar
-and-
Antonio Francis Passero O/A Penalty Box Restaurant
Licensee
ORDER
Panel: Allan Higdon, Board Member Bruce Miller, Board Member
Order Date: April 28, 2009
Hearing Location: Niagara Falls, 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 ) Richard Kulis, Representative Antonio Francis Passero, Licensee ) On his own behalf
Allegations
1A hearing into Notice of Proposal number 16981 dated January 27, 2009 to revoke liquor license number 25589 issued to Antonio Francis Passero (the “Licensee”) operating as PENALTY BOX RESTAURANT, 225 Gilmore Road, Fort Erie, Ontario, L2A 2M2, (the “premises”) with respect to section 6 of the Liquor Licence Act (“LLA”) and an alleged violation of subsection 45(2) of Ontario Regulation 719/90 (“O.Reg”) made pursuant to the LLA, convened on April 16, 2009 in the City of Niagara Falls.
2At the commencement of the hearing, the Licensee, Antonio Passero, requested an adjournment of the hearing so that he could retain legal representation. Mr. Kulis did not oppose the request.
Order
3Therefore, the Board hereby ORDERS as follows:
The matter be adjourned, peremptory upon the Licensee, to a date to be set by the Hearings Case Management Co-ordinator; and,
The Licensee, or through its Representative, shall disclose to the Registrar’s Representative pursuant to Rule 10 of AGCO Revised Rules of Practice and specifically pursuant to Rule 10.3, within 14 days of April 16, 2009 any new evidence, as well as disclosure pursuant to Rule 10.2, such disclosure to be presented forthwith upon receipt, all disclosure to be made at least ten (10) days prior to the next hearing date;
A condition be added to the licence that Gino Passero not be permitted in the licensed areas or in any adjacent areas on the premises.
DATED AT TORONTO THIS 28th DAY OF April , 2009
ALLAN HIGDON, BOARD MEMBER BRUCE MILLER, BOARD MEMBER