LINDSAY – Food vendors coming to Lindsay are required to undergo a criminal background check.
The Lindsay Village Board of Trustees agreed during a meeting this month to keep the language in an ordinance requiring a criminal background check for food truck sellers.
“John (Haynes, village clerk/treasurer) and I talked about it earlier, and there aren’t many of them, it just takes about a day to check it out,” said Fred Hoover, chairman. We’re just trying to protect people here in case someone has a criminal history. It will only take a day for the State Patrol to check it out, so as of now, we will continue to leave it as is.”
Tim Wiese has asked Lindsay Area Development to remove this part of the ordinance.
“It might only take a day, but are you going to background check every roofing company that comes into town? JEO (Advisory Group), Obrist (construction), Gehring (construction)—anyone who comes into town?” he asked.
This problem arose before the days of Pivot when Tom Sonderup, owner of Papa Tom’s BBQ of Fullerton, set up his food truck in the park, Sonderup and Wiese were told they needed a criminal background check.
“He’s done this for 13 years, he tells me, and John can attest to that too, because John talked to him—he’s done this for 13 years, he’s gone to the state fair, he gone to town events, in 13 he’s never been asked,” Wiese said. Never do that.
Well, it’s time for that,” said board member Terry Schacher.
Sonderup said he was never required to submit to a criminal background check. Sonderup said he was informed of the requirements at Lindsay a few days before the event, submitted the necessary paperwork and was able to get up and running.
If he was asked to return, Sonderup said he would have to think about it.
“I didn’t think about it, I guess. We had a very successful event in my view.” “We can go to the state fair and an event of 50,000 people, and a small town of 300 or 400 people, they seem to want to be very strict about some issues. There’s an event in Aurora that I’ve been to for the last three or four years, and it’s usually a successful event. Too much, so I have a few options if they want to get on the base.”
Wiese asked why the food truck was different from everyone else who comes to Lindsay and said that everyone who comes into town should have a criminal background check or no one should.
“Why wouldn’t you want to do that for a roofing company?” Wiese asked.
“We just follow the rules we have to follow,” said board member Amy Weiss.
On August 2, 2021, the village of Lindsay adopted the re-codification of the Lindsay Village Public Ordinances, which included Chapter 5 of the Article 3 Business Regulations for Mobile Food Vendors. The recoding was completed by Neligh’s municipal code services.
Before that, food trucks coming to Lindsay didn’t have to undergo a criminal background check.
Wiese kept the same rules not applying to every worker who comes into town.
“You should have the same pitch for everyone who comes into town,” Wiese said.
“For now,” Hoover said, the law would still apply but could be reconsidered.
Whether criminal background checks required for food trucks have been hit and miss in cities, and Municipal Law Services, which prepares ordinances for many communities, said it is rare to include a criminal background check.
Humphrey, Columbus, Norfolk, Newman Grove, and Osmond do not require criminal investigations. Neely, Schuyler, and others do.