Seeks fee relief, says concession trailer an extension of brick & mortar location

SIDNEY -- Fox Theatre owner John Phillips addressed the city council Tuesday seeking a change in the ordinance on food vendors.

He said the ordinance on food trucks and trailers addresses a different service than what he offers with a concession trailer.

"When they originally had that food permit, it was for food service trucks and trailers. That was the intent of the law; places that created pizzas, fish, burgers, fancy tacos and all that. We don't fall into that category. We're a concession trailer. We don't cook anything," he said.

He cited two brick and mortar locations he has businesses at: the Fox Theatre and the Snack Shack Legion Park ball fields. He said the trailer and pickup truck are licensed in Cheyenne County. He also cited events where he donates his time and resources.

"I understand. I understand it's not you guys problem that we're not selling anything. I get that. But the playing field isn't level. We're not a food truck. We're not cooking food," he said.

Phillips asked if the council would make an exception for the theatre and concession trailer.

City Clerk and Treasurer Lori Borchert suggested the council review the request during the budget process. City Manager David Scott agreed the discussion would be better during the budget process.

"Everything is tied back to the fee schedule, so you'd have to do it during that process," Scott said.