Parents, do you really know who’s selling ice cream to your kids?

Neither did the city.

Until late last week, just four of the people who drive 15 Frosty Treats ice cream vans serving Lincoln had received required city peddler’s licenses — and the criminal background screening that goes with them.

And several  drivers, past and present, have lengthy criminal records for such crimes as assault, drug possession, attempted child abuse and concealed weapons violations.

Lincoln Police Chief Tom Casady put officers on alert Friday after questions from a Journal Star reporter showed a gap between the number of licenses and the number of drivers. Since then, officers cited three drivers for selling ice cream without a license, a violation that could lead to six months in jail, a $500 fine or both.

The company moved fast, too. Eight Frosty Treats drivers were licensed Friday, although Dwayne Smith, the Lincoln Frosty Treats manager, said only four of those licensed were still with the company. And eight more drivers applied for licenses Monday; one was denied because of a 1999 felony conviction for burglary, and another application is pending.

Frosty Treats officials would not say how many drivers it has under contract here, although most of the company’s 15 vans in Lincoln are driven daily, Smith said.

The inquiry started after the Journal Star searched the criminal background of driver Geneo Johnson, whose local record dates to 1984 and includes four convictions for assault, violation of a protection order, carrying a concealed weapon, theft and burglary.

He is set to face two charges of third-degree assault and a felony child abuse charge in court Sept. 10. He was also cited Monday for selling without a license — the same day he applied and was granted a license from the city. 

According to city law, applicants who have a felony conviction or have committed a “crime involving moral turpitude” within 10 years of the application date are ineligible for a peddler’s license. They can appeal if denied.

The Journal Star conducted background checks on another 15 past and present Frosty Treats drivers — 10 had criminal records; five had none.

Nevertheless, Casady said, there has never been a report of a Frosty Treats driver committing a crime on duty.

Smith said the company conducts its own background checks to protect its customers — most of whom are kids.

“If we think someone’s not OK around children, they’re not going in our truck,” he said. “We’re really safety-conscious here.”

Smith and Bill Garbez, Frosty Treats’ regional manager in Omaha, said the company tries to weed out anyone convicted of sexual offenses, child abuse or drug violations that go beyond simple possession.

“If there’s something on paper we don’t know about, we would get them out of the truck today, as we’re talking,” Garbez said. “We can’t run a good business with people like that.”

Garbez said the company pays for its drivers to get peddler’s licenses and does its best to follow the law.

But because drivers are independent contractors and not employees, he said, mandating compliance can be difficult.

“If drivers get fines, good for them,” Garbez said. “I don’t want anyone shutting down our company because of their ignorance. Driving without a permit is not something I condone.”

Two drivers cited Friday — Rabbeca Seaman and Matthew Redden, both of Lincoln — will appear in court next month for selling ice cream without a license. Neither had criminal records likely to prevent them from obtaining a license, though neither had applied as of Tuesday.

On Tuesday, there were 282 active peddler’s licenses in Lincoln.

The number of denials is “significant” but could not be quantified, Casady said.

Denials based on crimes of moral turpitude can be troublesome, he said.

“When you have a term that has no specific definition you revert to the dictionary,” Casady said. “Unfortunately, this term has a variety of meanings.”

Casady said he defers to Black’s Law Dictionary, which defines it as “a breach of community standards of morality so grave as to be shocking to the conscience of the community.”

Prostitution, pandering, producing child pornography and contributing to the delinquency of a minor would be “slam dunks,” Casady wrote in his blog Monday.

But drug offenses, fraud, child abuse and violations of a protection order are debatable, he wrote.

Casady gives final written approval for all peddler’s licenses. But the task is largely delegated to his staff because of the volume of applications.

“When someone makes them cringe,” he said, “that’s when I hear about it.”

Reach Drew Kerr at 473-7223 or dkerr@journalstar.com.