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-
1679523 Ontario Ltd. operating as Hanmer Kwik Way and Val Caron Kwik Way
Registrant
DECISION AND ORDER
Panel: Patricia McQuaid, Vice-Chair, AGCO
Decision Date: January 27, 2011
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
1679523 Ontario Ltd., Registrant ) Carol Kirwan, Owner and Director ) of the Registrant
Allegations
[1]. A teleconference hearing into a Notice of Proposed Order dated September 16, 2010 to suspend the registration of 1679523 Ontario Ltd. operating as HANMER KWIK WAY AND VAL CARON KWIK WAY, 7 Cote Boulevard, Hanmer, Ontario, P3P 1X5, as a gaming supplier, in the class of lottery retailer, registration number 139583, on the basis that under section 12 of the Gaming Control Act, 1992 (the "GCA"), there are reasonable grounds to believe that the Registrant has carried on activities that are in contravention of the Act, the regulations or the terms of registration, was held on January 21, 2011.
[2]. Mr. Alakas, the Registrar's Representative, and Ms Kirwan, principal of the Registrant, confirmed their consent, pursuant to Rule 14.6 of the AGCO Revised Rules of Practice that the Vice-Chair McQuaid who conducted the pre-hearing in this matter, preside over this hearing.
[3]. Mr. Alakas and Ms Kirwan submitted an Agreed Statement of Facts (Exhibit #1) and Joint Submission on Disposition (Exhibit #2) which form part of this decision. It was agreed and admitted that:
On December 17, 2007 Ms Kirwan on behalf of the corporate registrant had entered into the following Term of Registration: Carol Kirwan o/a 1679523 Ontario Ltd. shall advise the Deputy Registrar in writing within ten (10) days of any disciplinary action or administrative penalties imposed by the Ontario Lottery and Gaming Corporation.
A standard due diligence investigation into the Corporate Registrant revealed three administrative (Pack) penalties assessed against the registrant on January 13, 2009, June 22, 2009 and June 3, 2010 respectively. The OLG had assessed a warning letter for the first penalty, a warning letter and a $25.00 administrative fine for the second and a warning letter and $50.00 administrative fine for the third.
Ms Kirwan failed to notify the Deputy Registrar of any of the aforementioned administrative penalties assessed against the corporate registrant by the OLG.
[4]. Based on the Agreed Statement of Facts, the Board FINDS that the Registrant violated the terms of registration dated December 17, 2007.
Order
[5]. Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the registration of 1679523 Ontario Ltd. operating as HANMER KWIK WAY AND VAL CARON KWIK WAY, 7 Cote Boulevard, Hanmer, Ontario, P3P 1X5, as a gaming supplier, in the class of lottery retailer, registration number 139583 be suspended for FIVE (5) days to commence at 12:01 a.m. on Sunday, March 13, 2011 and to end at 11:59 p.m. on Thursday, March 17, 2011, inclusive.
[6]. The registration as a lottery retailer of HANMER KWIK WAY AND VAL CARON KWIK WAY shall continue to be subject to the original terms of Registration dated December 17, 2007, which Ms Kirwan, on behalf of the Corporate Registrant agrees that she has read and understands.
DATED AT TORONTO THIS 27th DAY OF January , 2011.
PATRICIA MCQUAID, VICE-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 FOR FOURTEEN DAYS THE REGISTRATION AS A GAMING SUPPLIER OF 1679523 ONTARIO LTD O/A HANMER KWIK WAY & VAL CARON KWIK WAY
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:
1679523 Ontario Ltd. o/a Hanmer Kwik Way and Val Caron Kwik Way is registered as a gaming supplier in the class of Lottery Retailer and Break Open Ticket Seller under the Gaming Control Act. Ms. Carol Kirwan is the sole owner and director of 1679523 Ontario Ltd.
1679523 Ontario Ltd. submitted the annual registration invoice to the Deputy Registrar on December 10, 2009.
On December 17, 2007 Ms Kirwan on behalf of the corporate registrant had entered into the following Term of Registration: Carol Kirwan o/a 1679523 Ontario Ltd. shall advise the Deputy Registrar in writing within ten (10) days of any disciplinary action or administrative penalties imposed by the Ontario Lottery and Gaming Corporation.
A standard due diligence investigation into the Corporate Registrant revealed three administrative (Pack) penalties assessed against the registrant on January 13, 2009, June 22, 2009 and June 3, 2010 respectively. The OLG had assessed a warning letter for the first penalty, a warning letter and a $25.00 administrative fine for the second and a warning letter and $50.00 administrative fine for the third.
Ms Kirwan failed to notify the Deputy Registrar of any of the aforementioned administrative penalties assessed against the corporate registrant by the OLG.
Based on the aforementioned facts, Ms Kirwan, on behalf of the corporate registrant, admits to having violated the terms of registration dated December 17, 2007.
Ms Kirwan, on behalf of the corporate registrant has accepted responsibility for the breach of terms of registration; she has expressed remorse and demonstrated a commitment to ensuring that such breaches do not occur again.
Joint Submission Regarding Disposition
Counsel for the Registrar and the Registrant 1679523 Ontario Ltd. o/a Val Caron Kwik Way and Hanmer Kwik 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 of 1679523 Ontario Ltd. o/a Hanmer Kwik Way and Val Caron Kwik shall continue to be subject to the original Terms of Registration dated December 17, 2007. Ms. Kirwan on behalf of the corporate registrant agrees that she has read and understand these terms of registration.
The Registrant, 1679523 Ontario Ltd. o/a Hanmer Kwik Way and Val Caron Kwik Way shall serve a five (5) day suspension of the registration as a lottery retailer and break open ticket seller.
The Registrar and the Registrant, 1679523 Ontario Ltd. o/a Hanmer Kwik Way and Val Caron Kwik Way, agree that the Suspension shall 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 Avenue E., Suite 200, Toronto, ON, M2N 1A4, fax: (416) 326-5566, within the next seven (7) days. Should the Licensee fail to provide suspension dates to the Board, the Board shall set the dates for the suspensions without further consultation with the Licensee. The suspension shall not commence before 10 days from the date of this agreement and shall be served in entirety within 90 days of the date of this agreement
Dated this 18th day of January, 2011
__________________________________________ Jan 18/11 1679523 Ontario Ltd Date "I have authority to bind the Corporate Registrant"
____________________________________ 18/1/11___ Daniel Alakas Date Counsel to the Registrar, AGCO