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-
1670103 Ontario Inc. operating as Arner Stop
Registrant
DECISION AND ORDER
Panel: David C. Gavsie, Chair, AGCO
Decision Date: December 16, 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
1670103 Ontario Inc., Registrant ) James Branoff, Representative
Allegations
A teleconference hearing into a Notice of Proposed Order dated October 6, 2010 to suspend the registration of 1670103 Ontario Inc. (the “Registrant”), operating as ARNER STOP, 1958 County Road # 20 West, Kingsville, Ontario, N9Y 2E6, as a gaming supplier, registration number 134672, on the basis of an alleged violation of section 12 of the Gaming Control Act, 1992 (the “GCA”), was held on December 7, 2010. Representatives of the parties were on the call with the Chair.
Ms Majerovich, Registrar’s Representative, and Mr. Branoff, Registrant’s Representative, submitted an Agreement (Exhibit #1) which form part of this decision. It was agreed and admitted that:
a. On June 8, 2010, Mr. Saad was convicted of possession of unmarked cigarettes contrary to subsection 29(2) of the Tobacco Tax Act and received a $2,500 fine and one year probation.
b. From June 2002 until July 2010, Mr. Saad was convicted of twelve offences under the Highway Traffic Act and had his Ontario Driver’s Licence suspended once.
Order
Therefore, having considered the Agreed Statement of Facts and the Joint Submission on Disposition, the Board confirms its oral ORDER that the registration of 1670103 Ontario Inc., operating as ARNER STOP, 1958 County Road # 20 West, Kingsville, Ontario, N9Y 2E6, as a gaming supplier, registration number 134672, be suspended for FIFTEEN (15) consecutive days to commence at 12:01 a.m. on December 23, 2010 and continuing until 11:59 p.m. on January 6, 2011, inclusive.
Further, the Board ORDERS that the following Terms shall be attached to the registration:
1670103 Ontario Inc. o/a Arner Stop shall ensure that all employees are aware of, understand and comply with their obligations and responsibilities and those of 1670103 Ontario Inc. o/a Arner Stop under the Act and other relevant statutory or regulatory instruments.
John Youssef Saad shall advise the Deputy Registrar, in writing, within ten 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 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).
John Youssef Saad shall not purchase, possess, store or sell unmarked cigarettes, as that term is defined in the Tobacco Tax Act, in the premises or in the vicinity of 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 16^th^ DAY OF December , 2010.
DAVID C. GAVSIE, CHAIR, AGCO
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 SUSPEND
THE REGISTRATION AS A GAMING SUPPLIER
OF 1670103 ONTARIO INC. o/a ARNER STOP
AGREEMENT
The Registrant acknowledges that legal counsel has been consulted and independent legal advice has been obtained prior to entering into this Agreement:
Agreed Statement of Facts
The Registrant and Registrar’s Counsel agree to the following facts:
1670103 Ontario Inc. o/a Arner Stop has been registered under the Gaming Control Act since February 16, 2006. John Youssef Saad (Mr. Saad) is the sole owner and director of 1670103 Ontario Inc. o/a Arner Stop.
Mr. Saad on behalf of 1670103 Ontario Inc. o/a Arner Stop applied for a renewal of registration by way of application dated January 13, 2010.
An investigation revealed that on June 8, 2010, Mr. Saad was convicted of possession of unmarked cigarettes contrary to subsection 29(2) of the Tobacco Tax Act and received a $2,500 fine and one year probation.
The investigation also revealed that from June 2002 until July 2010, Mr. Saad was convicted of tweleve offences under the Highway Traffic Act and had his Ontario Driver’s Licence suspended once.
Joint Submission Regarding Disposition
Counsel for the Registrar and the Registrant 1670103 Ontario Inc. o/a Arner Stop 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 retail operator of 1670103 Ontario Inc. o/a Arner Stop shall be subject to the following Term of Registration in addition to those Terms prescribed under Ontario Regulation 281/07 and 68/94:
1670103 Ontario Inc. o/a Arner Stop shall ensure that all employees are aware of, understand and comply with their obligations and responsibilities and those of 1670103 Ontario Inc. o/a Arner Stop under the Act and other relevant statutory or regulatory instruments.
John Youssef Saad shall advise the Deputy Registrar, in writing, within ten 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 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).
John Youssef Saad shall not purchase, possess, store or sell unmarked cigarettes, as that term is defined in the Tobacco Tax Act, in the premises or in the vicinity of 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, 1670103 Ontario Inc. o/a Arner Stop shall serve a fifteen (15) day suspension of its registration as a lottery retail operator.
The Registrar and the Registrant, 1670103 Ontario Inc. o/a Arner Stop, agree that the Suspension shall take effect 12:01 a.m. on December 23, 2010 and continue consecutively and inclusively until 11:59 p.m. on January 6, 2011
Dated this 26^th^ day of November , 2010
John Youssef Saad
1670103 Ontario Inc. o/a Arner Stop
“I have authority to bind the Registrant”
James Branoff
Counsel to the Registrant
Susan Majerovich
Counsel to the Registrar, AGCO