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-
1682298 Ontario Inc. O/A Spearmint Rhino Gentlemen’s Club Licensee
DECISION
Panel: Brian J. Ford, Board Member Alex McCauley, Board Member
Decision Date: December 14, 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 ) Richard Kulis, Representative 1682298 Ontario Inc., Licensee ) Jerry Levitan, Representative
Allegations
A hearing into Notice of Proposal number 17422 dated July 27, 2009 to suspend liquor licence number 200049 (the “licence”) issued to 1682298 Ontario Inc., (the “Licensee”) operating as SPEARMINT RHINO GENTLEMEN’S CLUB, 280 Carlingview Drive, Etobicoke, Toronto, Ontario, M9W 5G1, (the “premises”), on the basis of alleged violations of section 29 of the Liquor Licence Act (the “LLA”), and of subsections 20(1) and 45(1) of Ontario Regulation 719/90 (the “O.Reg”) made pursuant to the LLA, was held on November 12, 2009 in the City of Toronto.
Richard Kulis, Registrar’s Representative, and the Jerry Levitan, Licensee’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 October 25, 2008 and December 9, 2008 drunken patrons were permitted in the licensed premises.
- Based on the Agreed Statement of Facts, the Board found the Licensee breached subsection 45(1) of the O.Reg. The Board accepted the withdrawal of the remaining allegations.
Order
- Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the liquor licence number 200049 issued to 1682298 Ontario Inc., operating as SPEARMINT RHINO GENTLEMEN’S CLUB, 280 Carlingview Drive, Etobicoke, Toronto, Ontario, M9W 5G1, be SUSPENDED for SEVENTEEN (17) consecutive days to COMMENCE at 11:00 a.m. on January 4, 2010, and CONTINUE until 2:00 a.m. on January 21, 2010.
DATED AT TORONTO THIS 14th DAY OF December , 2009.
BRIAN J. FORD, BOARD MEMBER ALEX MCCAULEY, BOARD MEMBER
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 1682298 ONTARIO INC. OPERATING AS (SPEARMINT RHINIO GENTLEMEN’S CLUB 280 CARLINGVIEW DRIVE, TORONTO, LICENCE NUMBER 200049
NOTICE OF PROPOSAL NUMBER 17422
AGREED STATEMENT OF FACTS
The Licence Holder, having consulted legal counsel, and the Registrar’s counsel agree to the following:
Drunken patrons were permitted in the licensed premises on October 25, 2008 and December 9, 2008.
Based on the facts in paragraph 1, the licence holder admits to violations of subsection 45(1) of Ontario Regulation 719/90 under the Liquor Licence Act.
The licence holder has no prior adverse record with the Commission.
Joint submission Regarding Disposition
The Licence Holder, having consulted with legal counsel, and the Registrar’s counsel submit that the following disposition is appropriate in these circumstances.
- A seventeen (17) day suspension of the liquor licence to start at 11:00 am on Monday, January 4, 2010 until 2:00 am on Thursday 21, 2010.
Dated in Toronto, this 12th day of November, 2009.
For the licence holder Richard E. Kulis, for the Registrar of the AGCO