Whitehorse Daily Star

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Photo by Vince Fedoroff

SAGA CONCLUDES – Ken Achtymichuk is seen last Friday as a Northwestel Inc. employee removes Heather's Snack Haven's lotto terminal and hook-ups while Heather Achtymichuk looks on.

‘Soap opera stuff' frustrates store owner

Lotteries Yukon and its government lawyer are not commenting on an Aug. 18 letter to Heather's Snack Haven convenience store owner Ken Achtymichuk

By Jason Unrau on September 30, 2009

Lotteries Yukon and its government lawyer are not commenting on an Aug. 18 letter to Heather's Snack Haven convenience store owner Ken Achtymichuk that appears to breach a settlement agreement between the formerly feuding parties.

While the government blames Achtymichuk for the breach, he has severed his ties with Lotteries Yukon and now, according to his numbers, the charitable corporation is more than $100,000 poorer for the effort.

The original dustup began last May over the removal of the Snack Haven's Keno monitors because the store did not meet the required seating capacity.

When Achtymichuk challenged his Kenos' removal in court, Lotteries Yukon retaliated by trying to revoke the Snack Haven's lottery licence.

After threatening to pull its licence, which Achtymichuk countered with a lawsuit, in July, he and Lotteries Yukon reached a compromise: all future dealings with Heather's Snack Haven would be between lottery officials and Achtymichuk's wife, Heather, co-owner and the store's namesake.

When the dust settled, the Achtymichuks lost their Keno machines but managed to keep their lottery licence.

Fast-forward to late August; Heather's Snack Haven receives a letter addressed to Ken from Lotteries Yukon, requesting his assistance with "updating (Lotteries Yukon) files.”

To fulfill the request, Ken must sign three copies of Schedule "A” to Breakopen Lottery Retailer Agreement and return them in a prepaid envelope.

"All of a sudden, I get this letter asking me to do this so I kind of thought it was over with this bulls**t,” Ken told the Star last week, providing the Aug. 18 letter to prove the lottery corporation's request.

Ready to let bygones be bygones, Ken complied and mailed off the paperwork to Lotteries Yukon.

A week later, government lawyer Judy Hartling sent Ken's lawyer, Graham Lang, a letter instructing Lang to remind his client to refrain from such communications.

"It has been brought to my attention that Ken Achtymichuk has communicated with the Yukon Lottery Commission by altering and placing his signature on a document Yukon Liquor Corporation (which oversees Lotteries Yukon) supplied to Heather's Snack Haven ... contrary to the settlement agreement.”

It was the proverbial straw that broke the camel's back.

Last Friday, Ken ended his dealings with Lotteries Yukon and surrendered all related equipment to the lottery corporation.

"We're done with it; this is back-stabbing soap opera stuff, and I don't need it,” Ken said.

"I can't believe this lawyer would get involved in something like this. She didn't have all her ducks in a row ... if she had read this (Aug. 18) letter, they were the ones that breached the agreement, not me. All I was trying to do was accommodate them.”

Last Friday, Lotteries Yukon staff removed all related equipment from Heather's Snack Haven.

When the Star contacted Hartling on Monday, she refused to comment, citing a confidentiality agreement between Lotteries Yukon and proprietors of Heather's Snack Haven – Ken and Heather Achtymichuk.

Lotteries Yukon did not return the Star's calls this week.

In 2008, Heather's Snack Haven grossed $304,000 in lottery sales and paid out $129,000 in winnings to lucky players.

Of those amounts, Ken and Heather keep five per cent of sales and two per cent of win payouts while Lotteries Yukon collects the rest.

Profits by the lottery corporation are driven back into community initiatives, including sport and recreation programs across the territory.

"They practically destroyed the sale of lottery tickets in this store (after removing my Keno machines),” Ken said.

"Who's losing on this? It's the community, that's who.

"My store sales haven't dropped; they've actually increased but I'm choked for the fact we put in all this hard work and what do we get out of it? Nothing.”

Comments (5)

Up 0 Down 0

Max on Oct 5, 2009 at 2:53 am

Lesson here is don't pick a fight with one arm tied behind your back. Some organizations can't be bullied.

Most likely, the mailout was automated and Ken's name was the primary name on file in the computer system. Someone forgot, or was not informed by senior management, to change it to Heather's name. This sounds like a routine data error. Happens all the time.

Up 0 Down 0

L. Miller on Oct 5, 2009 at 12:29 am

To Heather

There will be alot less traffic into the store with no lottery - so the area may lose the store. Why pay the high prices there when you can drive a few more blocks to Super A? While they are expensive, not as much as this corner store - and they have lottery.

I live in the area and the only reason I have ever gone into the store is to buy a lottery ticket - they I may grab a pop or something when I'm there, but it wasn't the reason I originally went there.

Up 0 Down 0

Gnome on Oct 2, 2009 at 7:52 am

I used to work there back when it was still Creekside, and I know how insanely busy it was on Wednesday, Friday and Saturday nights for the super 7 and 649 players.

Up 0 Down 0

Heather on Oct 2, 2009 at 6:28 am

The community is losing because they can't gamble?

Hmmm....I think something is wrong with that statement.

Up 0 Down 0

L. Miller on Sep 30, 2009 at 11:58 pm

Bureaucracy and BS at it's finest - we will probably lose the corner store in Porter Creek again thanks to this. Lottery is the main thing that attracts people to the store in the first place, then they pick up a snack or drink at the same time.

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