Since the OP poses his/her question in the way that “everybody does it”, then this is the reality that must be accepted if one is going to do what everybody is doing. Maybe the assumption is that it is butul b’shishim? I really can’t say what the heter is, or if there even is one, as I am not an expert in these halachos. I also would stay away from the place. Also, we are all assuming that one goes there only to buy a cone. Is there a way to buy soft serve ice cream from a machine or prepared packages of ice cream? It has been years since I even saw a BR store. Both of these purchases may be permissible le’chatchila I believe.
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