Texas Bill Protects Sidewalk Lemonade Stands

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June 11, 2019

You can have your lemonade and sell it on the street, too–at least in Texas.

Gov. Greg Abbott signed into law what amounts to legal protection for children's lemonade stands, one of the hallmarks of low-level economic initiative for young people all over the country. Abbott celebrated the signing of the bill by brandishing a big glass of lemonade.

The mechanics of the law were this: Fort Worth Rep. Matt Krause introduced what became House Bill 234, which specifically says this:

"Notwithstanding any other law, a municipality, county, or other local public health authority may not adopt or enforce an ordinance, order, or rule that prohibits or regulates, including by requiring a license, permit, or fee, the occasional sale of lemonade or other nonalcoholic beverages from a stand on private property by an individual younger than 18 years of age."

Lemonade stand

The impetus for the bill was a well-known instance in 2015 of police shutting down the lemonade stand of Overton's Andria and Zoey Green because they didn't have the correct paperwork. An hour after the stand opened (and the girls had made $25 of what they hoped was $100 to help fund a Father's Day present for their dad), police said that the girls had not been able to produce a Peddler's Permit, which costs $150. The city waived the $150 fee, but further complications came in the form of a state law that prohibits selling food or drink without the means to keep the temperature under control.

The bill goes into effect September 1. The Green family is planning a large celebration, to take place on Sept. 14.

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