89-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-
1667728 Ontario Inc. operating as Variety Mart & Gift Registrant
DECISION AND ORDER
Panel: David C. Gavsie, Chair, AGCO Decision Date: January 7, 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 1667728 Ontario Inc., Registrant: David Son, owner and director of the Registrant
Allegations
1A teleconference hearing into a Notice of Proposed Order (“NOPO”) dated November 10, 2010 to revoke the registration of 1667728 Ontario Inc. operating as VARIETY MART & GIFT, 725 Davis Drive, Newmarket, Ontario, L3R 2R2, as a gaming supplier, registration number 163023, 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 not acted in accordance with the law, or with integrity, honesty, or in the public interest, having regard to the past conduct and the Registrant has carried on activities in contravention of the GCA or regulations or the terms of the registration, was held on January 7, 2011.
2Mr. Son, the owner and director of the corporate Registrant waived its right to be represented by legal counsel or legal representative.
3Mr Alakas, the Registrar’s Representative, and Mr. Son, the Registrant, 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 May 5, 2010 Mr. Son was arrested by York Regional Police and charged under the Criminal Code with assault, uttering threats, mischief under $5000 and breach of probation.
- On October 25, 2010 Mr. Son’s criminal charges were withdrawn based upon his agreement to enter in a Section 810 Peace Bond for a period of 12 months with conditions to keep the peace and be of good behaviour and not possess any weapons.
- Mr. Son failed to notify the Deputy Registrar of the criminal charges within the 10 day period required by the Terms of Registration.
4Based on the agreed Facts, the Board made FINDINGS that the allegations in the NOPO were correct and had occurred.
5Based on the Joint Submission on Disposition agreed to by the parties, the Board ordered that, 1667728 Ontario Inc. o/a Variety Mart & Gift, shall serve a twenty-one (21) day suspension of the registration as a lottery retailer.
Order
6Therefore, having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that the registration of 1667728 Ontario Inc. operating as VARIETY MART & GIFT, 725 Davis Drive, Newmarket, Ontario, L3R 2R2, registration number 163023, be suspended for TWENTY-ONE (21) days to commence at 12:01 a.m. on January 10, 2011 and to end at 11:59 p.m. on January 31, 2011, inclusive.
7The Board also ORDERS that the terms and conditions set out in the Joint Submission on Disposition shall continue to apply to the Registrant.
DATED AT TORONTO THIS 7th DAY OF JANUARY, 2011.
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 REVOKE THE REGISTRATION AS A GAMING SUPPLIER OF 1667728 ONTARIO INC. O/A VARIETY MART & GIFT
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:
- 1667728 Ontario Inc. o/a Variety Mart & Gift has been registered as a gaming supplier in the class of Lottery Retailer under the Gaming Control Act since October 15, 2007. Mr. David Son is the owner and director of the corporate registrant.
- 1667728 Ontario Inc. o/a Variety Mart & Gift applied for a renewal of registration by way of application dated August 13, 2010.
- On January 15, 2010 Mr. Son on behalf of the corporate registrant had entered into the following Terms of Registration: Mr. David Son, 1667728 Ontario Inc. o/a Variety Mart & Gift shall advise the Deputy Registrar, in writing, within ten days of any and all charges, 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 aforementioned Terms of Registration had resulted from Mr. Son having been charged criminally with Assault Causing Bodily Harm on September 30, 2009. The charge had been resolved in the Ontario Court of Justice by a suspended sentence and a twelve month period of probation with various conditions including to keep the peace and be of good behaviour.
- On May 5, 2010 Mr. Son was arrested by York Regional Police and charged under the Criminal Code with Assault, Uttering Threats, Mischief under $5000 and Breach of Probation. The charges resulted from an incident at the store where Mr. Son punched his father in the face when he was told to remove his hat. Mr. Son exited the store and pushed a cement garbage container in front of the store and made verbal threats against his father in the presence of police officers.
- On October 25, 2010 Mr. Son’s criminal charges were withdrawn based upon his agreement to enter in a Section 810 Peace Bond for a period of 12 months with conditions to keep the peace and be of good behaviour and not possess any weapons.
- Mr. Son failed to notify the Deputy Registrar of the criminal charges within the 10 day period required by the Terms of Registration.
- Based on the aforementioned facts, Mr. Son, on behalf of the corporate registrant, admits to failing to act as a gaming supplier in accordance with law or with honesty and integrity based upon the past conduct of owner and director Mr. David Son.
- Further, Mr. Son, on behalf of the corporate registrant, admits to failing to comply with the terms of registration failing to notify the Deputy Registrar of his criminal charges within ten days.
Joint Submission Regarding Disposition
Counsel for the Registrar and the Regsitrant 1667728 Ontario Inc. o/a Variety Mart & Gift 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 1667728 Ontario Inc. o/a Variety Mart & Gift shall continue to be subject to the following Terms of Registration:
Mr. David Son, 1667728 Ontario Inc. o/a Variety Mart & Gift has read and understands his responsibilities under the Gaming Control Act, 1992, Regulations and Terms and Conditions of Lottery Licences, including rules of play.
Mr. David Son, 1667728 Ontario Inc. o/a Variety Mart & Gift shall advise the Deputy Registrar, in writing, within ten days of any and all charges, 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, 1667728 Ontario Inc. o/a Variety Mart & Gift, shall serve a twenty-one (21) day suspension of the registration as a lottery retailer.
- The Registrar and the Registrant, 1667728 Ontario Inc. o/a Variety Mart & Gift, agree that the Suspension shall take effect 12:01 a.m. on January 10, 2011 and continue consecutively and inclusively until 11:59 p.m. on January 31, 2011.
Dated this 30th day of December, 2010
_______________________________________ 12/30/10 1667728 Ontario Inc. o/a Variety Mart & Gift Date “I have authority to bind the Corporate Registrant
_______________________________________ 4/1/11 Daniel Alakas Date Counsel to the Registrar, AGCO