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-
Li Ying Yuan Registrant
DECISION
Panel: Patricia McQuaid, Vice-Chair, AGCO
Decision Date: February 11, 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 ) Daniel Alakas, Representative
Li Ying Yuan, Registrant ) John Lee, Representative
Allegations
- A teleconference hearing into a Notice of Proposed Order dated November 13, 2009 to suspend the registration of LIN YING YUAN (the "Registrant"), 3205 Bathurst Street, Toronto, Ontario, M6A 2B2, as a gaming assistant, in the class of Lottery Retail Manager, registration number 139041, on the basis that there are reasonable grounds to believe that the Registrant will not act as a gaming assistant in accordance with law, or with integrity, honesty, or in the public interest in contravention of the Gaming Control Act, 1992, was held on February 11, 2010 in the City of Toronto.
Decision
- Daniel Alakas, Registrar's Representative, and Mr. Lee, Licensee's Representative, submitted an Agreed Statement of Facts and Joint Submission Regarding Disposition (Exhibit #1) which form part of this decision. It was agreed and admitted that:
Li Ying Yuan (Ms YUAN) has been registered as a gaming assistant, under the Gaming Control Act, 1992 in the class of Lottery Retail Manager since November 5, 2007.
Ms Yuan is employed at 9-11 Milk. Ms Yuan's spouse SHAO LIN ZHU (Mr. Zhu), is the owner and registered lottery retailer of this retail location.
On June 9, 2009 an undercover officer with the Provincial Illegal Gaming Unit attended 9-11 Milk. A female, later identified as Li Ying Yuan (Ms Yuan) was working at that time.
On the aforementioned date, the undercover officer observed two floor model Lucky Eight Line video gambling machines on the premises. The officer inserted a total of $80.00 (in $20.00 increments) into the machine. After several minutes of play, the undercover officer had accumulated 500 credits on the machine. The undercover officer asked Ms Yuan to cash out his credits and she paid him $25.00 in cash (.05 cents a credit). Ms Yuan then reset the machine's credit counter to zero.
As a result of the aforementioned incident the Illegal Gaming Unit executed a search warrant at 9-11 Milk on August 5, 2009. Both Lucky Eight Line machines, the cash contained within the machine and receipts were seized as evidence. Ms YUAN was charged with Keep Machine for Gambling under Section 202(1)(b) of the Criminal Code.
Mr. Zhu states that a male attended the store sometime in 2006 and asked to put the machines in the store. Mr. Zhu states that the man informed him that both the machines and the payout process were legal. The man would then attend the store periodically, check the machine and pay Mr. Zhu a percentage of the accumulated profits.
Ms Yuan has stated that she did not know the aforementioned male prior to his attendance at the store and that she did not know the machines and the payout process were illegal.
On October 21, 2009 Ms Yuan attended the Ontario Court of Justice where the charge against her was withdrawn in exchange for Ms Yuan agreeing to make a $1000.00 charitable donation and Mr. Zhu consenting to the forfeiture of the machines and the cash they contained.
Order
Therefore, having considered the Agreed Statement of Facts and Joint Submission Regarding Disposition (Exhibit #1), the Board confirms its oral ORDER that the registration of LIN YING YUAN, 3205 Bathurst Street, Toronto, Ontario, M6A 2B2, as a gaming supplier, in the class of lottery retailer, registration numbers 127858 and 139040, be SUSPENDED for THIRTY (30) days commencing at 12:01 a.m. on February 12, 2010 and continue consecutively and inclusively until 11:59 p.m. on March 13, 2010.
Further, the Board ORDERS the registration shall be subject to the following terms and conditions:
- LI YING YUAN 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).
DATED AT TORONTO THIS 11th DAY OF February , 2010
PATRICIA MCQUAID, VICE-CHAIR
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 ASSISTANT OF
LI YING YUAN
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, LI YING YUAN and registrar's counsel agreed to the following facts:
LI YING YUAN (Ms. YUAN) has been registered as a gaming assistant, under the Gaming Control Act, in the class of Lottery Retail Manager since November 5, 2007.
LI YING YUAN is employed at 9-11 Milk. Ms. YUAN's spouse SHAO LIN ZHU (Mr. ZHU), is the owner and registered lottery retailer of this retail location.
On June 9, 2009 an undercover officer with the Provincial Illegal Gaming Unit attended 9-11 Milk. A female, later identified as Li Ying YUAN (Ms. YUAN) was working at that time.
On the aforementioned date, the undercover officer observed two floor model Lucky Eight Line video gambling machines on the premises. The officer inserted a total of $80.00 (in $20.00 increments) into the machine. After several minutes of play the undercover officer has accumulated 500 credits on the machine. The undercover officer asked Ms. Yuan to cash out his credits and she paid him $25.00 in cash (.05 cents a credit). Ms. Yuan then reset the machine's credit counter to zero.
As a result of the aforementioned incident the Illegal Gaming Unit executed a search warrant at 9-11 Milk on August 5, 2009. Both Lucky Eight Line machines, the cash contained within the machine and receipts were seized as evidence. Ms YUAN was charged with Keep Machine for Gambling under Section 202(1)(b) of the Criminal Code.
Mr. ZHU states that a male attended the store sometime in 2006 and asked to put the machines in the store. Mr. ZHU states that the man informed him that both the machines and the payout process were legal. The man would then attend the store periodically, check the machine and pay Mr. ZHU a percentage of the accumulated profits.
Ms. YUAN has stated that she did not know the aforementioned male prior to his attendance at the store and that she did not know the machines and the payout process were illegal.
On October 21, 2009 Ms. YUAN attended the Ontario Court of Justice where the charge against her was withdrawn in exchange for Ms. YUAN agreeing to make a $1000.00 charitable donation and Mr. ZHU consenting to the forfeiture of the machines and the cash they contained.
Joint Submissions regarding Disposition
Counsel for the Registrar and the Registrant, LI YING YUAN jointly submit that the following disposition is appropriate in the circumstances:
The Registrant LI YING YUAN hereby withdraws her request for a hearing into this matter.
The Registration of LI YING YUAN as a lottery retail manager shall be subject to the following Term of Registration:
- LI YING YUAN 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).
The Registrant LI YING YUAN shall serve thirty (30) day suspension of her registration as a lottery retail manager.
The Registrar and the Registrant LI YING YUAN, agree that the suspension shall take effect 12:01 a.m. on February 12, 2010 and continue consecutively and inclusively until 11:59 p.m. on March 13, 2010.
Dated this 10th day of February 2010
____________________________ ÂÂÂÂÂÂÂÂÂÂÂÂÂÂÂ ________________________
LI YING YUAN Date
Counsel to the Registrant Date
Daniel Alakas Date
Counsel to the Registrar, AGCO