State v. Helgerson

This is an appeal by the state upon a question reserved from a judgment acquitting appellees of misdemeanor charges of operating restaurants without licenses contrary to K. S. A. 1971 Supp. 36-303. The case was tried to the court upon stipulated facts.

For many years appellees have operated a food service business at Henry Levitt Arena on the Wichita State University campus. Because appellees sell hot dogs, they are required by K. S. A. 1971 Supp. 36-301 to procure a restaurant license from the State Food Service and Lodging Board. They have procured a license for the arena operation each…