It’s illegal for children to operate a lemonade stand, now Governor Murphy has a choice to make

Charlie Dwyer

TRENTON, NJ – A child who wants to run a lemonade stand in New Jersey would need a permit, a health department inspection and go through other bureaucratic red tape. We’ve all read the news stories about local officials griefing children and charities over small sale fund raising operations, but now, New Jersey Senator Michael Dougherty wants to end that.

The New Jersey Senate has given final legislation approval to a measure sponsored by Senator Michael Doherty that would allow children to run temporary businesses such as lemonade stands without municipal permits.

“There’s an endless stream of stories from around the nation about children being harassed by local officials for running lemonade stands without permits,” said Doherty (R-23). “Instead of providing space for kids to learn about entrepreneurship, they’re being taught harsh lessons about the heavy hand of government by overzealous bureaucrats. Our legislation makes clear that New Jersey’s children have the right to run a lemonade stand from their driveway or mow a neighbor’s lawn for a few bucks without a municipal license or permit.”


Doherty sponsored the “Right to Shovel” law that was enacted in 2016 after a pair of teenagers were stopped by police and told they couldn’t go door to do without a permit to solicit snow shoveling business in advance of a snowstorm the next day.

The new legislation, A-853/S-797, would expand that law to any type of child-run business by prohibiting municipalities from requiring a child to obtain a license or permit to operate a business temporarily.

“Nobody is getting sick because a six-year-old’s lemonade stand didn’t get a health inspection, and professional vendors aren’t being driven out of business by the $5 a child might collect from supportive neighbors,” added Doherty. “Unfortunately, those are the exact excuses towns have used to put the smack down on entrepreneurial kids from coast to coast. It’s absolute nonsense that we shouldn’t tolerate here in New Jersey.”

The bill now heads to the governor’s desk.

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