Registrar, Alcohol and Gaming Commission of Ontario v. 1352828 Ontario Inc. o/a Video 99 & Convenience, 2009 CanLII 47559

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-

1352828 Ontario Inc. o/a Video 99 & Convenience

Registrant

DECISION

Panel: Beryl Ford, Board Member

Decision Date: June 24, 2009

Hearing Location: London, 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 ) Daniel Alakas, Representative

1352828 Ontario Inc., Registrant ) Whijun Bang, on behalf of the

corporate registrant

Allegations

1. A hearing into a Notice of Proposed Order dated April 24, 2009 to refuse the registration of 1352828 Ontario Inc. operating as VIDEO 99 & CONVENIENCE, 332 Erie Street, Stratford, Ontario, N5A 2N2, as a gaming supplier in the class of lottery retail operator and break open ticket seller, registration numbers 136520 and 93429, on the basis that the Applicant will not act as a gaming supplier in accordance with law, or with integrity, honesty, or in the public interest, having regard to his past conduct, was held on June 9, 2009 in the City of London.

2. Whijun Bang appeared on behalf of the corporation and waived the right to be represented by a barrister and solicitor or other representative. He was assisted by Mr. Yim Moonho, a Korean translator.

3. Daniel Alakas, Registrar’s Representative, and Mr. Bang submitted an Agreement (Exhibit #1) and Joint Submission Regarding Disposition (Exhibit #2) which form part of this decision. It was agreed and admitted that:

1. The Registrant, 1352828 Ontario Inc. o/a Video 99 & Convenience, admits the allegations contained in the Notice of Proposed Order to Refuse Registration dated April 24, 2009.

2. Based upon the above mentioned admissions regarding past conduct, the Registrant, 1352828 Ontario Inc. o/a Video 99 & Convenience, admits to not having acted as a gaming supplier in accordance with the law, or with honesty, integrity or in the public interest.

Order

4. Therefore, having considered the Agreement (Exhibit #1) and Joint Submission Regarding Disposition (Exhibit #2), the Board confirms its oral ORDER that the registration of 1352828 ONTARIO INC. OPERATING AS VIDEO 99 & CONVENIENCE, 332 Erie Street, Stratford, Ontario, N5A 2N2, as a gaming supplier in the class of lottery retail operator and break open ticket seller, registration numbers 136520 and 93429, be suspended for SIXTY (60) days to commence on July 1, 2009 and to end on August 29, 2009, inclusive.

5. Further, the Board ORDERS the registration as a gaming supplier of 1352828 Ontario Inc. o/a Video 99 & Convenience shall be subject to the following terms and conditions:

1. 1352828 Ontario Inc. o/a Video 99 & Convenience shall ensure that all officers, directors and employees are aware of, understand and comply with their obligations and responsibilities under the Act and other relevant statutory or regulatory instruments.

2. Whijun Bang [owner and director of 1352828 Ontario Inc. o/a Video 99 & Convenience] shall advise the Deputy Registrar, in writing, within ten days of any and all charges, convictions and findings of guilt, including where an absolute or conditional discharge is granted or other disposition is made, of any charge under any legislation and in any jurisdiction (including but not limited to the Criminal Code of Canada and the Ontario Highway Traffic Act).

3. 1352828 Ontario Inc. o/a Video 99 & Convenience shall advise the Deputy Registrar in writing within ten (10) days of any administrative action taken against it by the OLG, including any suspensions, fines or warning issued as a result of any action taken.

DATED AT TORONTO THIS 24th DAY OF JUNE, 2009

BERYL FORD, BOARD MEMBER

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 REFUSE

THE REGISTRATION AS A GAMING SUPPLIER

OF 1352828 ONTARIO INC. o/a VIDEO 99 & CONVENIENCE

AGREEMENT

The Registrant acknowledges having been advised of the right to consult with legal counsel prior to entering into this agreement and has waived that right.

The Registrant and Registrar’s Counsel agree to the following facts:

1The Registrant, 1352828 Ontario Inc. o/a Video 99 & Convenience admits the allegations contained in the Notice of Proposed Order to Refuse Registration dated April 24, 2009.

2Based upon the above mentioned admissions regarding past conduct, the Registrant, 1352828 Ontario Inc. o/a Video 99 & Convenience admits to not having acted as a gaming supplier in accordance with the law, or with honesty integrity or in the public interest.

Joint Submission Regarding Disposition

The Registrant, after having being advised of the right to counsel and having waived that right and the Registrar’s representative jointly submit that the following disposition is appropriate in the circumstances:

1. The registration as a gaming supplier of 1352828 Ontario Inc. o/a Video 99 & Convenience shall be subject to the following terms and conditions:

• 1352828 Ontario Inc. o/a Video 99 & Convenience shall ensure that all officers, directors and employees are aware of, understand and comply with their obligations and responsibilities under the Act and other relevant statutory or regulatory instruments.

• Whijun Bang [owner and director of 1352828 Ontario Inc. o/a Video 99 & Convenience] shall advise the Deputy Registrar, in writing, within ten days of any and all charges, convictions and findings of guilt, including where an absolute or conditional discharge is granted or other disposition is made, of any charge under any legislation and in any jurisdiction (including but not limited to the Criminal Code of Canada and the Ontario Highway Traffic Act).

• 1352828 Ontario Inc. o/a Video 99 & Convenience shall advise the Deputy Registrar in writing within ten (10) days of any administrative action taken against it by the OLG, including any suspensions, fines or warning issued as a result of any action taken.

2. There shall be a sixty (60) day suspension of the registration as a gaming supplier of 1352828 Ontario Inc. o/a Video 99 & Convenience to be served on dates to be provided, in writing, to the Manager of the Hearing Section of the Alcohol and Gaming Commission of Ontario, 90 Sheppard Ave. E., Suite 200, Toronto, ON, M2N 1A4, fax: (416) 326-5566, within the next seven (7) days. Should the Registrant fail to provide suspension dates to the Board, the Board shall set the dates for the suspension without further consultation with the Registrant. The suspension must be completed within one hundred and twenty day (120) of today’s date. The suspension dates must be served consecutively.