Passed
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Indiana House
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Co-sponsor
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.
