Rep. Andria Bennett, D-Dover South, worked with a group of Dover-area students to cut red tape and make sure that lemonade stands don’t end up in permit purgatory.
Currently, lemonade stands in Delaware could be subject to regulations, fees, and permits.
“Lemonade stands are a quintessential part of summer that teach children responsibility while having fun. But there’s the potential they could face problems with permitting, and we shouldn’t wait for Delaware kids to get in trouble to take action. Our proposed initiative is a common-sense, simple measure that will benefit children across our state and allow easy access to lemonade stands,” said Bennett.
“The best part of this legislation is the collaboration with the local students at W. Reily Brown Elementary. I really see this bill as an opportunity to show students the power of government and how it can work to make real change in communities.”
The regulation of lemonade stands is an issue that is unfolding across the country. For example, one Texas town required a $150 peddler’s permit and a health department permit to operate a lemonade stand prior to a state’s law overturning the practice. So far, there are 16 states that allow minors to operate unlicensed lemonade stands, according to the National Conference of State Legislatures.
The possibility of stepped-up enforcement surfaced this year when the state Division of Health noted that state regulations forbid dogs in outdoor areas of restaurants, a move that led to an outcry among pet lovers. Legislation is expected to deal with the issue. In the meantime, health officials said they will not enforce the regulation.
Rep. Bennett’s House Bill 270 would exempt a stand operated by a child from state, county, and municipal regulations and licensing fees that might otherwise apply. It also would define a “stand operated by a child” as one that operates on a temporary, occasional basis, serves or sells lemonade or other nonalcoholic beverages to others, and is located on private property with the permission of the private property owner.
Students from W. Reily Brown Elementary’s Light House Team assisted in the drafting of the bill, bringing a variety of perspectives and ideas to the legislative process, a release noted.
“I want to thank Representative Bennett for her foresight in introducing this bill but even more important was her involvement of the students of W. Reilly Brown Elementary School’s leadership team in the legislative process,” said Kevin Fitzgerald, superintendent of Caesar Rodney School District.
HB 270 will be formally introduced in Thursday’s pre-file legislation.
