Mister Softee demands two Wildwood boardwalk locations close

Wildwood, NJ (WTXF) - Mister Softee is demanding the two Wildwood boardwalk locations be shut down. The company has filed a lawsuit citing problems with the franchise owner.

"It was a dollar cheaper next door I should have went there." Second thoughts from Danielle Urbin as she holds ice cream she says she bought from the Mister Softee stand on the Wildwood Boardwalk.

The stand operator is accused of running it without a license from the corporate office.

"That's not cool, no. I'm surprised they could stay open like that," she said.

So is Mister Softee Inc. based in Camden County. Company officials say they filed a lawsuit against Carl Gallucci who runs two Mister Softee stands on the Wildwood boardwalk.

The corporate office says the operator lost the franchise license after a long list of complaints, including staffing, royalty payments and cleanliness. The company alleges that in addition to being behind in royalty payments they have not been buying from an approved distributor to ensure the quality of ice cream being sold.

FOX 29 stopped by both locations and an address listed for Carl Gallucci for a comment. No one answered.

Mister Softee Inc. tells FOX 29 the following.

"Early this year we officially cancelled his franchise. However, he has refused to remove our name from his stores. In order to protect our trademark we have an affirmative obligation to take legal action."