Title
Sustaining adverse licensing action against the Peddler license held by Jason L. Gabbert, d/b/a Metro Tickets.
Body
WHEREAS, Jason L. Gabbert d/b/a Metro Tickets (License ID #20020000789) (hereinafter “licensee”), received a Notice of Violation dated October 9, 2015 (hereinafter “Notice”); and
WHEREAS, the Notice alleged on September 7, 2015, the licensee allowed three (3) unlicensed people to serve as agents for him and sell tickets at the Minnesota State Fair; and
WHEREAS, the licensing office recommended a $500.00 matrix penalty; and
WHEREAS, the licensee submitted a letter on October 15, 2015, to deny the allegations and request a hearing before an Administrative Law Judge; and
WHEREAS, a Notice of Pre-Hearing Conference was sent to all parties on November 3, 2015, scheduling the pre-hearing on December 3, 2015, before an Administrative Law Judge; and
WHEREAS, on December 4, 2015, the administrative law judge sent a First Pre-Hearing Order scheduling the administrative hearing for June 1, 2016; and
WHEREAS, during the interim, it was discovered the licensee had been convicted on January 23, 2015, of Felony Theft By Swindle in Ramsey County District Court in violation of Minn. Stat. §609.52.2 (a) (4); and
WHEREAS, the licensee appealed his conviction to the Minnesota Court of Appeals (A15-0663) who issued an opinion on January 19, 2016 affirming the conviction; and
WHEREAS, on January 20,2016, an Amended Notice of Administrative Hearing was sent to all parties which included the Felony conviction as a new allegation and recommended revocation of licensee’s Peddler’s license; and
WHEREAS, on April 1, 2016, Geoffrey S. Karls, Assistant City Attorney submitted a Notice of Motion and Motion for Partial Summary Disposition, a Memorandum of Law in Support of City’s Motion for Partial Summary Disposition and an Affidavit with Exhibits A-J to the Office of Administrative Hearings; and
WHEREAS, the Department of S...
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