Registrar, Alcohol and Gaming Commission of Ontario v. Fei Luo operating as K.R. Mini Mart, 2011 CanLII 19781

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-

Fei Luo operating as K.R. Mini Mart

Registrant

DECISION

Panel: Brian Ford, Board Member Allan Higdon, Board Member

Decision Date: March 14, 2011

Hearing Location: London, 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

Fei Luo, Registrant ) On his own behalf

Allegations

1. A hearing into a Notice of Proposed Order (“NOPO”) dated October 28, 2010 to revoke the registration of Fei Luo operating as K.R. MINI MART, 244A Wellington Road, London, Ontario, N6C 4N5 as a gaming supplier, registration number 166939, 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 his past conduct and that the Registrant has carried on activities in contravention of the GCA or regulations or the terms of the registration, was held on March 8, 2011.

2. Mr. Luo, the Registrant appeared on his own behalf and waived his right to legal representation.

3. Mr. Alakas, the Registrar’s Representative, and Mr. Luo, 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:

1. On February 10, 2010 Mr. Luo was arrested by the Ontario Provincial Police Illegal Gambling Unit and charged with Keep Device for Gambling under the Criminal Code.

2. The charges resulted from two occasions at the store, January 21, 2010 and February 4, 2010 respectively, in which Mr. Luo made cash payments to an undercover police officer based on credits accumulated on a video gaming machine. The machine was a floor model video gaming machine located in plain view near the front counter of the store.

3. The undercover officer, on both occasions, inserted money into the machine, played for a period of time accumulating credits, then requested that Mr. Luo pay him out. After paying the officer the cash, at a rate of 5 cents a credit, Mr. Luo reset the machine to make it ready for the next player.

4. On April 14, 2010 Mr Luo plead guilty to the aforementioned criminal charge in the Ontario Court of Justice. He was fined $2,000.00 and given one year to pay.

Order

4. Therefore, having considered the Agreed Statement of Facts and Joint Submission on Disposition, the Board confirms its oral ORDER that the registration of Fei Luo operating as K.R. MINI MART, 244A Wellington Road, London, Ontario, N6C 4N5, registration number 166939, be suspended for TWENTY-ONE (21) days to commence at 12:01 a.m. on March 18, 2011 and to end at 11:59 p.m. on April 7, 2011, inclusive.

5. The Board also ORDERS that the registration as a lottery retailer of Fei Luo operating as K.R. Mini Mart shall continue to be subject to the following terms of registration:

1. Fei Luo o/a K.R. Mini Mart has read and understands his responsibilities under the Gaming Control Act, 1992, the Regulations thereto and the Terms and Conditions of Lottery Licences, including rules of play.

2. Fei Luo o/a K.R. Mini Mart 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).

3. Fei Luo o/a K.R. Mini Mart shall ensure that no unlicensed gaming machines are permitted in the premises to which the Registration applies and where Ontario Lottery and Gaming products are sold and/or redeemed by the Registrant.

DATED AT TORONTO THIS 14 DAY OF MARCH , 2011.

ALLAN HIGDON, BOARD MEMBER BRIAN FORD, 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

FEI LUO O/A K.R. MINI MART

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:

1. Fei Luo o/a K.R. Mini Mart has been registered as a gaming supplier in the class of Lottery Retailer under the Gaming Control Act since October 14, 2008. Mr. Fei Luo is the owner of K.R. Mini Mart.

2. On February 10, 2010 Mr. Luo was arrested by the Ontario Provincial Police Illegal Gambling Unit and charged with Keep Device for Gambling under the Criminal Code.

3. The charges resulted from two occasions at the store, January 21, 2010 and February 4, 2010 respectively, in which Mr. Luo made cash payments to an undercover police officer based on credits accumulated on a video gaming machine. The machine was a floor model video gaming machine located in plain view near the front counter of the store.

4. The undercover officer, on both occasions, inserted money into the machine, played for a period of time accumulating credits, then requested that Mr. Luo pay him out. After paying the officer the cash at a rate of 5 cents a credit, Mr. Luo reset the machine to make it ready for the next player.

5. On April 14, 2010 Mr Luo plead guilty to the aforementioned criminal charge in the Ontario Court of Justice. He was fined $2,000.00 and given one year to pay.

6. He has expressed remorse and a commitment to be more responsible and diligent in ensuring that he operates his business, at all times, in accordance with the law.

Joint Submission Regarding Disposition

Counsel for the Registrar and the Registrant Fei Luo o/a K.R. Mini Mart jointly submit that the following disposition is appropriate in the circumstances:

1. The Registrant agrees that the registration as a lottery retailer of Fei Luo o/a K.R. Mini Mart shall continue to be subject to the following Terms of Registration:

• Fei Luo o/a K.R. Mini Mart has read and understands his responsibilities under the Gaming Control Act, 1992, the Regulations thereto and the Terms and Conditions of Lottery Licences, including rules of play.

• Fei Luo o/a K.R. Mini Mart 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).

• Fei Luo o/a K.R. Mini Mart shall ensure that no unlicensed gaming machines are permitted in the premises to which the Registration applies and where Ontario Lottery and Gaming products are sold and/or redeemed by the Registrant.

2. The Registrant, Fei Luo o/a K.R. Mini Mart, shall serve a twenty-one (21) day suspension of the registration as a lottery retailer.

3. Suspension to be served 18 March 2011 at 12:01 am to 7 April 2011 at 11:59 pm inclusively.

Dated this 8th day of March, 2011

_______________________________________ 8/3/11

Fei Luo o/a K.R. Mini Mart Date

_______________________________________ 8/3/11

Daniel Alakas Date

Counsel to the Registrar, AGCO