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KANSAS DEPT. OF HEALTH AND ENVIRONMENT v. WELLS

No. 86,399.

29 Kan. App.2d 585 (2001)

28 P.3d 1043

KANSAS DEPARTMENT OF HEALTH and ENVIRONMENT, Appellant, v. JAY WELLS, d/b/a LEMON SHAKE-UP, Appellee.

Court of Appeals of Kansas.

Opinion filed August 3, 2001.

Attorney(s) appearing for the Case

Debra A. Haimowitz, of Kansas Department of Health and Environment, for the appellant.

Robert J. McCully and Karl N. Hesse, of Foulston & Siefkin, L.L.P., of Wichita, for the appellee.

Before RULON, C.J., LEWIS, J., and STEPHEN D. HILL, District Judge, assigned.

LEWIS, J.:

Jay Wells makes his living selling cotton candy and lemonade. His business is named Lemon Shake-Up and operates out of two mobile units. The question on appeal is whether Wells' operations were properly licensed as they were operated at the Kansas State Fair in 1999.

In 1999, Wells had two mobile units at the Kansas State Fair. These units were located on the same 30-square-feet of property, which was referred to as Block 18, Space 7. The two mobile...

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