HB 331 DE

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Passed One Chamber

Stands operated by children that serve or sell lemonade or other beverages on a temporary, occasional basis are a summertime tradition for many children. This Act exempts a stand operated by a child from State, county, and municipal regulations and licensing fees that might otherwise apply. Specifically, this Act defines a “stand operated by a child” as one that operates on a temporary, occasional basis, serves or sells lemonade or other beverages to others, and is located on private property with the permission of the private property owner. In Sections 2, 3, 4, and 6, this Act exempts a stand operated by a child from State regulations on food establishments and soft drinks and other beverages, requirements related to child labor laws, and retail license requirements. Additionally, Sections 1 and 5 of this Act broadly prohibit a county or municipality from enacting a law, ordinance, or regulation that prohibits, regulates, requires a license or permit for, or imposes a fee, charge, or surcharge on, a stand operated by a child. Finally, this Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter, whether directly, by amendment to a specific municipality's charter, or, as in this Act, indirectly, by a general law.

• Andria L. Bennett · primary
• Trey Paradee Democratic · primary
• William Bush Democratic · primary
• Sherry Dorsey Walker · primary

1. Mar 8, 2022 Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House · lower
2. May 3, 2022 Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 6 Favorable, 5 On Its Merits · lower
3. May 5, 2022 Passed By House. Votes: 39 YES 2 ABSENT · lower
4. May 5, 2022 Assigned to Banking, Business & Insurance Committee in Senate · upper
5. Jun 8, 2022 Reported Out of Committee (Banking, Business & Insurance) in Senate with 1 Favorable, 5 On Its Merits · upper