Bill

Bill > HB1330


IN HB1330

IN HB1330
Child operated refreshment stands.


summary

Introduced
01/13/2025
In Committee
01/13/2025
Crossed Over
Passed
Dead
04/24/2025

Introduced Session

2025 Regular Session

Bill Summary

Child operated refreshment stands. Provides that a local health department, the health and hospital corporation of Marion County, a county, a municipality, or a township may not adopt or enforce a law, rule, ordinance, or resolution that prohibits or regulates, including by requiring a license, permit, or fee, the sale of lemonade or other nonalcoholic beverages from a stand on private property by an individual who is less than 18 years of age. Provides that the individual who operates the stand must comply with certain requirements. Provides that a stand is not considered a food establishment and does not require a certified food protection manager. Provides that the governing documents of a homeowners association may not prohibit or regulate, including by requiring a permit or fee, the sale of lemonade or other nonalcoholic beverages from a stand on property located in the subdivision by an individual who is less than 18 years of age. Provides that a homeowners association: (1) does not owe a duty of care to persons participating in a beverage sale; and (2) is not liable for any injury to persons participating in a beverage sale; except for willful or wanton acts or gross negligence of the homeowners association.

AI Summary

This bill establishes statewide protections for children under 18 operating lemonade and nonalcoholic beverage stands on private property, preventing local governments, health departments, and homeowners associations from prohibiting or overly regulating these small entrepreneurial efforts. The legislation specifically prohibits local entities from requiring licenses, permits, or fees for these stands and exempts them from being classified as food establishments, while imposing some basic operational requirements such as obtaining property owner permission and limiting stand operation to no more than two consecutive days or eight total days within a 30-day period. Additionally, the bill provides liability protection for homeowners associations, stating they are not responsible for injuries related to these stands unless they demonstrate willful misconduct or gross negligence. By creating uniform rules across Indiana, the bill aims to support young entrepreneurs and remove bureaucratic barriers to children learning basic business skills through operating simple refreshment stands, ensuring that local regulations cannot unduly restrict what has traditionally been seen as a quintessential childhood small business activity.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

First reading: referred to Committee on Commerce, Small Business and Economic Development (on 01/13/2025)

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