Laserfiche WebLink
Consistent with San Leandro Municipal Code Section 2-2-450, the applicant timely filed <br />an appeal to the City of the rejection of the business license for mobile food vending. In <br />his letter of appeal, the appellant asserted that the ice cream vending business was his <br />only means of providing for his family and apologized for any mistakes he may have <br />made in his application. <br />Per San Leandro Municipal Code Section 2-2-450, the applicant was provided <br />notification by the City that a hearing date to consider the merits of his appeal was <br />scheduled for March 23, 2017. <br />Testimony <br />At the hearing, Police Lieutenant McManus testified to the moving violations that were <br />revealed in the applicant’s driving record, which consisted of a speeding ticket in 2014 <br />and a rear-end collision in 2008. Mary Ann Perini provided testimony outlining how the <br />applicant’s driving record was inconsistent with statements made in the application, <br />which led to the Finance Director’s decision to deny the application. <br />Mr. Gill, the applicant, provided testimony in which he acknowledged that if his driving <br />record listed the aforementioned moving violations, then he did not dispute the veracity <br />of those records. He also acknowledged that his command of the English language was <br />limited and so he had received assistance from another person in filling out the <br />application forms. As a result, any failure to acknowledge the two moving violations was <br />not intentional and was simply a function of not having properly understood the <br />application questions. Mr. Gill also testified that he been driving an ice cream truck for a <br />living in San Leandro for many years without incident and that this business provided <br />him and his family members with their only source of income. Therefore, he contended <br />that a denial of his business license would create a severe hardship for him and his <br />family. <br />Findings <br />1. On or about February 16, 2017, Mr. Gill and another associate, Mr. Jamshaid Bhatti <br />each applied for a business license in order to operate a mobile ice cream vendor <br />business within the City, identified as Royal Ice Cream. The applications were assigned <br />business license application # 16663 and 46627. <br />2. A driving record investigation revealed that on May 12, 2008, the applicant received a <br />traffic citation for causing a collision with another vehicle in violation of California <br />Vehicle Code (CVC) Chapter 6, Section 22107 (Turning and Stopping and Turning <br />Signals). The investigation also revealed a July 9, 2014 citation for a violation of CVC <br />Chapter 7, Section 22350 (Speed Laws). <br />3. On March 8, 2017, the Finance Director denied the business license applications of <br />both parties associated with Royal Ice Cream. The denial was based on San Leandro <br />Municipal Code Section 2-2-420, which states that such applications may be denied <br />45