Registrar, Alcohol and Gaming Commission of Ontario v. Hyun Sang Lee and Kyeungjee Lee operating as Everything Convenience, 2010 CanLII 25962

IN THE MATTER OF The: Gaming Control Act, 1992, as amended

Registrar, Alcohol and Gaming Commission of Ontario Registrar

-and-

Hyun Sang Lee and Kyeungjee Lee operating as Everything Convenience Registrant

Panel: Kirsti Hunt, Vice-Chair, AGCO Decision Date: March 15, 2010 Hearing Location: Toronto, Ontario

Alcohol and Gaming Commission of Ontario 90 Sheppard Avenue East, Suite 300 Toronto, Ontario 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 ) Susan Majerovich, Representative Hyun Sang Lee and Kyeungjee Lee, Registrant ) Hyun Sang Lee, on his own behalf ) and on behalf of Kyeungjee Lee

Allegations

A hearing into a Notice of Proposed Order (“NOPO”) dated February 10, 2010, to suspend the registration of Hyun Sang Lee and Kyeungjee Lee, operating as EVERYTHING CONVENIENCE, 1022 Barton Street East, Hamilton, Ontario, L8L 3E4, as a gaming supplier in the class of Lottery Retailer and Break Open Ticket Seller, file number 118702, registration number 116127, on the basis that there are reasonable grounds to believe that the Registrant has not acted as a gaming supplier in accordance with law, or with integrity, honesty or in the public interest, having regard to the past conduct of the Registrant, pursuant to subsection 11(a) of the Gaming Control Act, 1992, was held on March 12, 2010 in the City of Toronto.

Preliminary Matters

Mr. Hyun Sang Lee appeared on his own behalf and on behalf of Kyeugjee Lee and waived their right to be represented by a legal representative.
Susan Majerovich, Registrar’s Representative, and Mr. Lee submitted an Agreement (Exhibit #1) and Joint Submission Regarding Disposition (Exhibit #2) which form part of this decision. It was agreed and admitted that:

On December 11, 2008 an undercover officer with the Hamilton Police Service attended Everything Convenience and observed a Lucky 8 Line machine on the premises. The undercover officer played the machine until the credits were lost, and there was no payout on that date. The undercover officer re-attended at Everything Convenience on December 12, 2008 and asked a male, later identified as Mr. Lee to payout 200 credits. Mr. Lee paid the $10.00.
On February 23, 2009, the same undercover officer attended the business and observed the Lucky 8 Line machine on the premises. On March 23, 2009, officers executed a search warrant, seized the Lucky 8 Line machine and $80.00. Mr. Lee was charged with Keep Machine for Gambling under section 202(1)(b) of the Criminal Code.
On July 21, 2009, Mr. Lee was convicted of this offence.
On August 21, 2009, Mr. Lee was interviewed by an AGCO investigator with regard to his conviction. Mr. Lee stated that a male party had attended his store and provided him with the Video Lottery Terminal. The male indicated that Mr. Lee could get money if people played the machine, and that the two of them could split the profits. The male indicated that Mr. Lee should pay out any winners, and Mr. Lee would receive the amount he paid out the customers plus his profit.
Mr. Lee stated that he did not know the machine was illegal. Mr. Lee further indicated that he had pleaded guilty to the charge and received probation.

Order

Based on the Joint Submission Regarding Disposition, the Board confirms its oral ORDER that the registration of Hyun Sang Lee and Kyeungjee Lee, operating as EVERYTHING CONVENIENCE, 1022 Barton Street East, Hamilton, Ontario, L8L 3E4, as a gaming supplier in the class of Lottery Retailer and Break Open Ticket Seller, be SUSPENDED for 30 days commencing 12:01 a.m. on March 22, 2010 and continue consecutively and inclusively until 11:59 p.m. on April 20, 2010.
Further, the Board confirms its oral ORDER that the following conditions be attached to the Terms of Registration:

Hyun Sang Lee shall advise the Deputy Registrar, in writing, within 10 days of any and all charges (including any issuances of a summons and/or appearance notice), convictions and findings of guilt, including where an absolute or conditional discharge is granted or any other disposition is made, of any charge under any legislation and in any jurisdiction (including but not limited to the Criminal Code and the Ontario Highway Traffic Act).
Kyeungjee Lee shall advise the Deputy Registrar, in writing, within 10 days of any and all charges (including any issuances of a summons and/or appearance notice), convictions and findings of guilt, including where an absolute or conditional discharge is granted or any other disposition is made, of any charge under any legislation and in any jurisdiction (including but not limited to the Criminal Code and the Ontario Highway Traffic Act).
Hyun Sang Lee and Kyeugjee Lee operating as Everything Convenience shall ensure that no unlicensed gaming machines are permitted in the premises to which the Registration applies and where Ontario Lottery and Gaming products and/or Break Open Tickets are sold and/or redeemed by the Registrant.

DATED AT TORONTO THIS 15th DAY OF March , 2010

_____________________________________

KIRSTI HUNT, VICE-CHAIR, AGCO

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 SUSPEND THE REGISTRATION AS A GAMING SUPPLIER OF HYUN SANG LEE AND KYEUGJEE LEE o/a EVERYTHING CONVENIENCE

________________________________________________

AGREEMENT

The Registrant, who is not represented by legal counsel but who has been advised of the Registrant’s right to legal counsel, has declined that right prior to entering into this Agreement and consents to make this Agreement without independent legal advice.

Agreed Statement of Facts

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

HYUN SANG LEE & KYEUNGJEE LEE o/a EVERYTHING CONVENIENCE has been registered as a gaming supplier, under the Gaming Control Act, in the class of Break Open Ticket seller since February 20, 2004 and as a gaming supplier in the class of Lottery Retailer since December 6, 2007.
HYUN SANG LEE (Mr. Lee) & KYEUNGJEE LEE are co-owners of this retail location.
On December 11, 2008 an undercover officer with the Hamilton Police Service attended Everything Convenience and observed a Lucky 8 Line machine on the premises. The undercover officer played the machine until the credits were lost, and there was no payout on that date. The undercover officer re-attended at Everything Convenience on December 12, 2008 and asked a male, later identified as Mr. Lee to payout 200 credits. Mr. Lee paid the $10.00.
On February 23, 2009, the same undercover officer attended the business and observed the Lucky 8 Line machine on the premises. On March 23, 2009, officers executed a search warrant, seized the Lucky 8 Line machine and $80.00. Mr. Lee was charged with Keep Machine for Gambling under section 202(1)(b) of the Criminal Code.
On July 21, 2009, Mr. Lee was convicted of this offence.
On August 21, 2009, Mr. Lee was interviewed by an AGCO investigator with regard to his conviction. Mr. Lee stated that a male party had attended his store and provided him with the Video Lottery Terminal. The male indicated that Mr. Lee could get money if people played the machine, and that the two of them could split the profits. The male indicated that Mr. Lee should pay out any winners, and Mr. Lee would receive the amount he paid out the customers plus his profit.
Mr. Lee stated that he did not know the machine was illegal. Mr. Lee further indicated that he had pleaded guilty to the charge and received probation.

Joint Submission Regarding Disposition

Counsel for the Registrar and the Registrant HYUN SANG LEE & KYEUNGJEE LEE o/a EVERYTHING CONVENIENCE jointly submit that the following disposition is appropriate in the circumstances:

The Registrant hereby withdraws the request for a hearing into this matter.
The Registrant agrees that the registration as a Lottery Retailer and Break Open Ticket Seller of HYUN SANG LEE & KYEUNGJEE LEE o/a EVERYTHING CONVENIENCE shall be subject to the following Terms of Registration:

HYUN SANG LEE shall advise the Deputy Registrar, in writing, within 10 days of any and all charges (including any issuances of a summons and/or appearance notice), convictions and findings of guilt, including where an absolute or conditional discharge is granted or any other disposition is made, of any charge under any legislation and in any jurisdiction (including but not limited to the Criminal Code and the Ontario Highway Traffic Act).
KYEUNGJEE LEE shall advise the Deputy Registrar, in writing, within 10 days of any and all charges (including any issuances of a summons and/or appearance notice), convictions and findings of guilt, including where an absolute or conditional discharge is granted or any other disposition is made, of any charge under any legislation and in any jurisdiction (including but not limited to the Criminal Code and the Ontario Highway Traffic Act).
HYUN SANG LEE & KYEUGJEE LEE o/a EVERYTHING CONVENIENCE shall ensure that no unlicensed gaming machines are permitted in the premises to which the Registration applies and where Ontario Lottery and Gaming products and/or Break Open Tickets are sold and/or redeemed by the Registrant.

The Registrant, HYUN SANG LEE & KYEUNGJEE LEE o/a EVERYTHING CONVENIENCE shall serve a thirty (30) day suspension of their registration as a Lottery Retailer and Break Open Ticket Seller.
The Registrar and the Registrant, HYUN SANG LEE & KYEUNGJEE LEE o/a EVERYTHING CONVENIENCE, agree that the Suspension shall take effect 12:01 a.m. on March 22, 2010 and continue consecutively and inclusively until 11:59 p.m. on April 20, 2010.

Dated this 9 day of March 2010-03-15

_____________________________ Hyun Sang Lee & Kyeungjee LEE ____________________ o/a Everything Convenience Date

_____________________________ Susan Majerovich ____________________ Counsel to the Registrar, AGCO Date