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-
1352828 Ontario Inc., operating as Video 99 & Convenience Registrant
DECISION and order
Panel: S. Grace Kerr, Board Member Decision Date: March 25, 2011 Hearing Location: Kitchener, 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 ) Dan Alakas, Representative 1352828 Ontario Inc., Registrant ) Whijun (Bill) Bang, on his own ) behalf and on behalf of the ) Corporation
Allegations
1A hearing into a Notice of Proposed Order dated January 4, 2011 to revoke the registration of 1352828 Ontario Inc., operating as VIDEO 99 & CONVENIENCE, 332 Erie Street, Stratford, Ontario, N5A 2N2 as a gaming supplier, registration number 88050, on the basis of alleged violation of section 12 of the Gaming Control Act, 1992 (the “GCA”), that is, that there were 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 March 17, 2011 in the City of Kitchener.
Agreed Statement of Facts
2Mr. Alakas, Registrar’s Representative, and the Registrant, Mr. Whijun (Bill) Bang on his own behalf and on behalf of the Corporation, submitted an Agreed Statement of Facts and Joint Submission on Disposition (Exhibit #2) which form part of this decision. Specifically, it was agreed and admitted that:
1352828 Ontario Inc. o/a Video 99 & Convenience has been registered as a gaming supplier in the class of Lottery Retailer under the Gaming Control Act since January 9, 2008. Mr. Whijun (Bill) Bang is the owner and director of 1352828 Ontario Inc. o/a Video 99 & Convenience.
On June 9, 2009 Mr. Bang on behalf of the corporate registrant had consented to the following Terms of Registration, which were then ordered by the Board of the Alcohol and Gaming Commission:
- 1352828 Ontario Inc. o/a Video 99 & Convenience shall ensure that all officers, directors and employees are aware of, understand and comply with their obligations and responsibilities under the Act and other relevant statutory or regulatory instruments.
- Mr. Whijun Bang [owner and director of 1352828 Ontario Inc. o/a Video 99 & Convenience] 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).
- 1352828 Ontario Inc., o/a Video 99 & Convenience shall advise the Deputy Registrar in writing with ten (10) days of any administrative action taken against it by the OLG, including any suspensions, fines or warnings issued as a result of any action taken.
The aforementioned Terms of Registration had resulted from Mr. Bang failing to disclose numerous Highway Traffic Act convictions and a criminal conviction on his application for registration and the related underlying conduct. In addition to the Terms of Registration, the registrant also agreed to a sixty day suspension of the registration as a Lottery Retailer.
On November 9, 2010 1352828 Ontario Inc. o/a Video 99 & Convenience was issued a written warning penalty by the OLG for an NSF cheque in the amount of $2469.65.
Mr. Bang, on behalf of 1352828 Ontario Inc. o/a Video 99 & Convenience failed to make any notification to the Deputy Registrar as is required by the terms of registration.
Mr. Bang has expressed remorse for his actions. He has admitted to making a mistake and has expressed a renewed commitment to be more responsible and diligent in ensuring that he operates his business, at all times, in accordance with the law and with the terms of registration.
Findings
3The Board found that Mr. Bang, on behalf of 1352828 Ontario Inc. o/a Video 99 & Convenience, failed to make any notification to the Deputy Registrar as was required by the terms of registration.
4The Board also found that the proposed terms in the parties’ joint submission on Disposition was appropriate in the circumstances.
Order
5Having considered the Joint Submission on Disposition, the Board confirms its oral ORDER that:
a. the Registrant’s registration as a lottery retailer of 1352828 Ontario Inc. o/a Video 99 & Convenience shall continue to be subject to the existing Terms of Registration; and,
b. the registration of 1352828 Ontario Inc., operating as VIDEO 99 & CONVENIENCE, 332 Erie Street, Stratford, Ontario, N5A 2N2, gaming supplier, registration number 88050, be suspended for THREE (3) consecutive days commencing at 12:01 a.m. April 10, 2011 and continue until 11:59 p.m. April 12, 2011.
DATED AT TORONTO THIS 25 DAY OF MARCH, 2011.
S. GRACE KERR, BOARD MEMBER
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 1352828 ONTARIO INC. o/a VIDEO 99 & 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:
1352828 Ontario Inc. o/a Video 99 & Convenience has been registered as a gaming supplier in the class of Lottery Retailer under the Gaming Control Act since January 9, 2008. Mr. Whijun (Bill) Bang is the owner and director of 1352828 Ontario Inc. o/a Video 99 & Convenience.
On June 9, 2009 Mr. Bang on behalf of the corporate registrant had consented to the following Terms of Registaration, which were then ordered by the Board of the Alcohol and Gaming Commission:
- 1352828 Ontario Inc. o/a Video 99 & Convenience shall ensure that all officers, directors and employees are aware of, understand and comply with their obligations and responsibilities under the Act and other relevant statutory or regulatory instruments.
- Mr. Whijun Bang [owner and director of 1352828 Ontario Inc. o/a Video 99 & Convenience] 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).
- 1352828 Ontario Inc., o/a Video 99 & Convenience shall advise the Deputy Registrar in writing with ten (10) days of any administrative action taken against it by the OLG, including any suspensions, fines or warnings issued as a result of any action taken.
The aforementioned Terms of Registration had resulted from Mr. Bang failing to disclose numerous Highway Traffic Act convictions and a criminal conviction on his application for registration and the related underlying conduct. In addition to the Terms of Registration, the registrant also agreed to a sixty day suspension of the registration as a Lottery Retailer.
On November 9, 2010 1352828 Ontario Inc. o/a Video 99 & Convenience was issued a written warning penalty by the OLG for an NSF cheque in the amount of $2469.65.
Mr. Bang, on behalf of 1352828 Ontario Inc. o/a Video 99 & Convenience failed to make any notification to the Deputy Registrar as is required by the terms of registration.
Mr. Bang has expressed remorse for his actions. He has admitted to making a mistake and has expressed a renewed commitment to be more responsible and diligent in ensuring that he operates his business, at all times, in accordance with the law and with the terms of registration.
Joint Submission Regarding Disposition
Counsel for the Registrar and the Registrant 1352828 Ontario Inc. o/a Video 99 & Convenience jointly submit that the following disposition is appropriate in the circumstances:
The Registrant agrees that the registration as a lottery retailer of 1352828 Ontario Inc. o/a Video 99 & Convenience shall continue to be subject to the existing Terms of Registration.
The Registrant, 1352828 Ontario Inc. o/a Video 99 & Convenience shall serve a three (3) day suspension of the registration as a lottery retailer.
The Registrar and the Registrant, 1352828 Ontario Inc o/a Video 99 & Convenience, 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 Onatario, 90 Sheppard Ave. E., Suite 300, Toronto, Ontario, M2N 1A4, fax: (416) 326-5566, within the next seven (7) days. Should the Registrant fail to provide suspension dates to the Board, the Board shall set the dates for the suspensions without further consultation with the Registrant. 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 day of , 2010
1352828 Ontario Inc. o/a Video 99 & Convenience Date
Daniel Alakas Date Counsel to the Registrar, AGCO