The owners of two food vending operations at Kansas University’s Allen Fieldhouse says they are upset about being required to obtain second food service licenses by the state.

The Kansas Department of Health and Environment recently announced violations by Duke Frye of Frye Enterprises Inc., doing business as Sheridan’s Frozen Custard, and Chris Lemmon, owner of Bumsteer Catering, for not having the licenses in fall 2004. They were ordered to pay $500 fines.

“I’ve been operating at Memorial Stadium and Allen Fieldhouse for 14 years. KDHE has known I’ve been operating, and they’ve never said anything,” Lemmon said.

Both Lemmon and Frye have state licenses to operate their basic businesses. Frye owns the Sheridan’s Frozen Custard store at 2030 W. 23rd St. They said KDHE officials told fieldhouse vendors in December that they needed to pay for licenses for 2004.

Frye said he has since paid his licensing costs, which included $200 for the application fee, $200 for a license in 2005 and $200 to cover licensing in 2004 for a total of $600. He has not had to pay the fine.

Lemmon said he initially wrote a check to KDHE for the licenses but later canceled it because he couldn’t get anybody from the agency to return phone calls about questions he had. But he also said he has a license to operate.

“It’s a mixed-up deal,” Lemmon said. “I have a hearing next Monday, and hopefully it will all get straightened out. It’s a huge mess.”

Frye said he thought it was unfair for the state to require him to obtain another license for the fieldhouse or stadium.

“They want us to pay for a license to operate in a facility we have no control over,” he said. “We just come in and serve. The equipment I serve with and the food I serve have already come from an approved facility — my building.”

KDHE cites facilities for Kansas Food Code violations

Mid America Concessions, which oversees vendors at the fieldhouse and the stadium, referred questions to the KU Athletic Department.

“I think we need some more reliable information before we can comment about it,” said Jim Marchiony, associate athletic director.

Sharon Watson, spokeswoman for KDHE, said the agency was asked to verify licensure of the businesses.

“It is the responsibility of the manager (of the business) to make sure that they are licensed in Kansas,” Watson said. “We would not necessarily know that a facility was operating unless we received a complaint about it or were alerted to it.”