Children’s Lemonade Stands No Longer Squeezed by Texas Law

Originally published by James Amaro.

Running a lemonade stand just got a little sweeter for Texas children. That’s because, as of September 1^st, a new Texas law, House Bill (HB) 234, officially legalizes children’s lemonade stands.

When signing HB 234 on June 10, 2019, Gov. Greg Abbott
gave a toast with a glass of lemonade, explaining that this “common sense law”
was necessary “because police shut down a kid’s lemonade stand.”

Why Does Texas
Need a Lemonade Stand Law?

Prior to Sept. 1, 2019, children running lemonade stands
in Texas were legally required to get a Peddler’s Permit. Without that permit,
operating a lemonade stand would be illegal.

This permit costs about $150, and you can’t obtain one
without first getting a license through the County Health Department. That’s a
significant startup cost—and a lot of red tape—for a children’s lemonade stand.

Inspiration for
the New Texas Lemonade Stand Law: A Sour Encounter with Overton Police

In 2015, two children in Overton had a bitter experience
with the law when they set up a lemonade stand to raise money for a Father’s
Day present. That’s because local police issued them a citation and shut down their
lemonade stand, telling the children the stand was illegal because they didn’t
have a permit.

Once the children and their mother realized everything it
would take to get a permit, they stopped selling lemonade and, instead, gave it
away and asked for donations.

Ultimately, the children received a lot of donations and
community support—the Overton Police Department received some major backlash,
both in Texas and from across the nation.

This incident inspired state Rep. Matt Krause (R-Fort Worth)
to create HB 234, which was unanimously passed by both chambers of the Texas
Legislature.

Now, with Texas’ new Lemonade Stand Law:

• Children (under 18) are not required to have
  permits to run lemonade stands on private property. This includes any stand
  selling non-alcoholic beverages.
• Police and other enforcement officers, including
  Health Department regulators, cannot shut down children’s lemonade stands that
  are on private property or in public parks.
• Cities and homeowners’ associations are banned
  from passing ordinances or rules that regulate children’s lemonade stands on
  private property.

The post Children’s Lemonade Stands No Longer Squeezed by Texas Law appeared first on Amaro Law Firm.

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