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-
M & E Hermanos Inc. operating as Village Mart
Registrant
DECISION AND ORDER
Panel: Allan Higdon, Board Member
Bruce S. Miller, Board Member
Decision Date: May 19, 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 ) Bryna Kaplan, Representative
M&E Hermanos Inc., Registrant ) Thomas Richards, Representative
Allegations
A hearing into a Notice of Proposed Order dated February 4, 2011 to suspend the registration of M&E Hermanos Inc. operationg as VILLAGE MART, 103 Lotherton Pathway, Toronto, Ontario, M6B 2G6, as a gaming supplier, in the class of Lottery Retailer, file number 167102, on the basis that under section 12 of the Gaming Control Act, 1992 (the “GCA”), there are reasonable grounds to believe that the Registrant will not act in accordance with the law, or with integrity, honesty, or in the public interest, having regard to his past conduct, was held on May 17, 2011 in the City of Toronto.
Bryna Kaplan, Registrar’s Representative, and Thomas Richards, Registrant’s Representative, submitted an Agreed Statement of Facts and Joint Submission on Disposition (Exhibit #1) which form part of this decision. It was agreed and admitted that:
a. M&E Hermanos Inc. o/a Village Mart has been registered as a gaming supplier, in the class of Lottery Retailer under the Act since October 16, 2008.
b. Hue He is the sole director and owner of M&E Hermanos Inc. o/a Village Mart.
c. On April 2, 2010, Hui He was charged under subsection 42(1)(b) of the Copyright Act for offering for sale pirated DVD movies infringing copies of works.
- Based on the Agreed Statement of Facts, the Board FINDS that Hui He did not act as a gaming supplier with honesty, integrity, and in accordance with the law.
Order
Therefore, having considered the Agreement and Joint Submission on Disposition, the Board confirms its oral ORDER that the registration of M&E Hermanos Inc. operating as VILLAGE MART, 103 Lotherton Pathway, Toronto, Ontario, M6B 2G6, as a gaming supplier, file number 167102, be suspended for TEN (10) days to commence at 12:01 a.m. on Monday May 23, 2011 and continue consecutively and inclusively until 11:59 p.m. on Wednesday June 1, 2011.
The Board also ORDERS that the registration as a lottery retailer shall be subject to the following Terms of Registration:
Mr. Hui He & M&E Hermanos Inc. o/a Village Mart, has read and understands his responsibilities under the Gaming Control Act, 1992, Regulations and the Terms and Conditions of Lottery Licences.
Mr. Hui & M&E Hermanos Inc. o/a Village Mart, shall advise the Deputy Registrar in writing within ten (10) 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).
Mr. Hui He & M&E Hermanos Inc. o/a Village Mart, shall ensure that Ms. Min Lin will have no involvement in the management and conduct of the sale and redemption of OLG lottery products at Village Mart and will not be on the premises for any reason at any time.
DATED AT TORONTO THIS 19 DAY OF MAY , 2011.
ALLAN HIGDON, BOARD MEMBER BRUCE S. MILLER, 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 PROPOSED
ORDER TO SUSPEND
THE REGISTRATION AS A GAMING SUPPLIER OF
M & E HERMANOS INC., o/a VILLAGE MART
103 Lotherton Pathway, Toronto
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 and Registrar’s Counsel agree to the following facts:
M&E Hermanos Inc. o/a Village Mart has been registered as a gaming supplier, in the class of Lottery Retailer under the Act since October 16, 2008.
Hui He is the sole director and owner of M&E Hermanos Inc. o/a Village Mart.
On April 2, 2010, Hui He was charged under s 42(1)(b) of the Copyright Act for offering for sale pirated DVD movies infringing copies of works.
Joint Submission Regarding Disposition
Counsel for the Registrar and the Registrant M&E Hermanos Inc. o/a Village Mart jointly submit that the following disposition is appropriate in the circumstances:
The Registrant hereby withdraws the request for a hearing into this matter and agrees with the facts set out in the Notice of Proposed Order dated February 4, 2011.
The Registrant agrees that the registration as a lottery retailer of M&E Hermanos Inc. o/a Village Mart shall be subject to the following Terms of Registration:
- Mr. Hui He & M&E Hermanos Inc. o/a Village Mart, has read and understands his responsibilities under the Gaming Control Act, 1992, Regulations and the Terms and Conditions of Lottery Licences, including the rules of play, which are enclosed for his information.
(Standard Term – Reulations 68/94 and 281/07)
Mr. Hui & M&E Hermanos Inc. o/a Village Mart, shall advise the Deputy Registrar in writing within ten (10) 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).
Mr. Hui He & M&E Hermanos Inc. o/a Village Mart, shall ensure that Ms. Min Lin will have no involvement in the management and conduct of the sale and redemption of OLG lottery products at Village Mart and will not be on the premises for any reason at any time.
Mr. Hui He & M&E Hermanos Inc. o/a Village Mart shall serve a ten (10) day suspension of its registration as a lottery retailer.
The Registrar and the Registrant, Mr. Hui He & M&E Hermanos Inc. o/a Village Mart, agree that the Suspension shall take effect 12:01 a.m. on Monday May 23, 2011 and continue consecutively and inclusively until 11:59 p.m. on Wednesday June 1, 2011.
Dated this 17 day of May 2011
Mr. Hui He & M&E Hermanos Inc. o/a Village Mart Date
“I have authority to bind the Registrant”
Counsel to the Registrant Date
Bryna Kaplan Date
Counsel to the Registrar, AGCO