Tuesday, Sept. 6. 2011 • City denies business license for ice cream truck vendor

Publisher’s note: This story originally appeared in the Tuesday, Sept. 6, 2011 edition of the Lassen County Times.

The issue of whether it’s OK to sell food from a mobile vehicle is about to take center stage at the Wednesday, Sept. 7 Susanville City Council meeting.

On Tuesday, Aug. 30, the city of Susanville formally denied a business license for Rat’s Radical Ice Cream, an ice cream truck looking to operate within the Susanville city limits. In a letter addressed to the city, truck owners Ryan Binford and Rachael Christian said they didn’t understand why their business license was denied, while a business such as Schwan’s food delivery service has continually had its business license renewed since 1984.

“We both sell prepackaged frozen food,” they said.

Binford and Christian said the city’s planning department cited Chapter 17 of the city’s municipal code, which does not allow for mobile businesses in the city.

City planner Jared Hancock said it was his intention to bring the issue before both the city council and the Susanville Planning Commission. He said while it’s true the business license for Rat’s was denied, he still wants to bring the issue before both entities to receive their input and see if there was anything that could be done.

Hancock said the city’s code does allow for mobile vendors, as long as the vendor has the appropriate use permit and only sells within the Uptown district of the city.

“The reason why this doesn’t apply to Schwans is because technically, it’s a food delivery service,” Hancock said. “I’ve run into issues like this at other city’s I’ve worked for when it comes to mobile vendors. Generally, it has to do with liability. Also, it can be unfair to other businesses trying to establish themselves with other issues, such as establishing parking for their customers, storage of products and so on, whereas a mobile vendor doesn’t have to.”

Hancock said most cities try to establish their zoning ordinances as a one size fits all, but it’s never that simple.

“With the lack of existing vendors, there is a need in Susanville for mobile vendors,” Christian said. “My ice cream truck has a health certificate through the Lassen County Health Department and has been certified through California Housing and Development. I have been doing business in unincorporated areas throughout Lassen County, and the reception from young and old alike has been wonderful.”

Hancock said that might be the case in the county, but that’s not the issue in the city. He said the owners also didn’t provide all the information the city required when they first approached the city.

“I’ve seen this create conflicts before,” Hancock said. “Usually with sports concessions and other businesses. If you can find a way to remove the negative aspects of what a (mobile vendor) can bring without compromising other businesses, then there’s room for discussion.”

Hancock said he planned on bringing the item before the planning commission as a discussion item at its Sept. 13 meeting.

“I would argue the planning department is the department that can deny my license since the business does not have a fixed location in the Susanville city limits,” Christian said in her letter.