Introduced Version
HOUSE BILL No. 1330
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 16-20-1-31; IC 16-22-8-60; IC 16-42-5.2-3;
IC 32-25.5-3-12; IC 36-1-31.
Synopsis: 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.
Effective: July 1, 2025.
Johnson B
January 13, 2025, read first time and referred to Committee on Commerce, Small Business
and Economic Development.
2025 IN 1330—LS 6345/DI 147 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1330
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 16-20-1-31 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 31. (a) Notwithstanding any other law, a local health
4 department may not adopt or enforce a law, rule, ordinance, or
5 resolution that prohibits or regulates, including by requiring a
6 license, permit, or fee, the sale of lemonade or other nonalcoholic
7 beverages from a stand on private property by an individual who
8 is less than eighteen (18) years of age.
9 (b) A stand that provides the sale of lemonade or other
10 nonalcoholic beverages on private property by an individual who
11 is less than eighteen (18) years of age and complies with the
12 requirements of this section is not a food establishment for
13 purposes of IC 16-42-5.
14 (c) An individual who sells lemonade or other nonalcoholic
15 beverages from a stand, as allowed under subsection (a), must
16 comply with the following:
17 (1) If the stand is on private property, obtain the permission
2025 IN 1330—LS 6345/DI 147 2
1 of the owner, tenant, or lessee of the private property.
2 (2) Not operate the stand on more than two (2) consecutive
3 days nor operate more than eight (8) days in a thirty (30) day
4 period.
5 SECTION 2. IC 16-22-8-60 IS ADDED TO THE INDIANA CODE
6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
7 1, 2025]: Sec. 60. (a) Notwithstanding any other law, the
8 corporation may not adopt or enforce a law, rule, ordinance, or
9 resolution that prohibits or regulates, including by requiring a
10 license, permit, or fee, the sale of lemonade or other nonalcoholic
11 beverages from a stand on private property by an individual who
12 is less than eighteen (18) years of age.
13 (b) A stand that provides the sale of lemonade or other
14 nonalcoholic beverages on private property by an individual who
15 is less than eighteen (18) years of age and complies with the
16 requirements of this section is not a food establishment for
17 purposes of IC 16-42-5.
18 (c) An individual who sells lemonade or other nonalcoholic
19 beverages from a stand, as allowed under subsection (a), must
20 comply with the following:
21 (1) If the stand is on private property, obtain the permission
22 of the owner, tenant, or lessee of the private property.
23 (2) Not operate the stand on more than two (2) consecutive
24 days nor operate more than eight (8) days in a thirty (30) day
25 period.
26 SECTION 3. IC 16-42-5.2-3, AS AMENDED BY P.L.139-2005,
27 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]: Sec. 3. This chapter does not apply to the following:
29 (1) Hospitals licensed under IC 16-21.
30 (2) Health facilities licensed under IC 16-28.
31 (3) Housing with services establishments that are required to file
32 disclosure statements under IC 12-10-15.
33 (4) Continuing care retirement communities required to file
34 disclosure statements under IC 23-2-4.
35 (5) Community mental health centers (as defined in
36 IC 12-7-2-38).
37 (6) Private mental health institutions licensed under IC 12-25.
38 (7) An area agency on aging designated under IC 12-10-1 that
39 provides food under a nutrition service program. However, the
40 premises where the food is prepared is not exempt from the
41 requirements under this chapter.
42 (8) A food pantry that:
2025 IN 1330—LS 6345/DI 147 3
1 (A) is operated or affiliated with a nonprofit organization that
2 is exempt from federal income taxation under Section
3 501(c)(3) of the Internal Revenue Code; and
4 (B) distributes food, which may include food from the United
5 States Department of Agriculture, to needy persons.
6 However, a food bank or other facility that distributes donated
7 food to other organizations is not exempt from the requirements
8 of this chapter.
9 (9) A lemonade or other nonalcoholic beverage stand as
10 described in IC 16-20-1-31 or IC 16-22-8-60.
11 SECTION 4. IC 32-25.5-3-12 IS ADDED TO THE INDIANA
12 CODE AS A NEW SECTION TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2025]: Sec. 12. (a) The governing documents
14 may not prohibit or regulate, including by requiring a permit or
15 fee, the sale of lemonade or other nonalcoholic beverages from a
16 stand on private property located in the subdivision by an
17 individual who is less than eighteen (18) years of age.
18 (b) An individual who sells lemonade or other nonalcoholic
19 beverages from a stand, as allowed under subsection (a), must
20 comply with the following:
21 (1) If the stand is on private property, obtain the permission
22 of the owner, tenant, or lessee of the private property in the
23 subdivision.
24 (2) Not operate the stand on more than two (2) consecutive
25 days nor operate more than eight (8) days in a thirty (30) day
26 period.
27 (c) A homeowners association:
28 (1) does not owe a duty of care to persons participating in a
29 beverage sale described in subsection (a); and
30 (2) is not liable for any injury to persons participating in a
31 beverage sale described in subsection (a);
32 except for willful or wanton acts or gross negligence of the
33 homeowners association.
34 SECTION 5. IC 36-1-31 IS ADDED TO THE INDIANA CODE AS
35 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
36 1, 2025]:
37 Chapter 31. Children's Lemonade and Beverage Stands
38 Sec. 1. Notwithstanding any other law, a unit may not adopt or
39 enforce a law, rule, ordinance, or resolution that prohibits or
40 regulates, including by requiring a license, permit, or fee, the sale
41 of lemonade or other nonalcoholic beverages from a stand on
42 private property by an individual who is less than eighteen (18)
2025 IN 1330—LS 6345/DI 147 4
1 years of age.
2 Sec. 2. An individual who sells lemonade or other nonalcoholic
3 beverages from a stand, as allowed under section 1 of this chapter,
4 must comply with the following:
5 (1) If the stand is on private property, obtain the permission
6 of the owner, tenant, or lessee of the private property.
7 (2) Not operate the stand on more than two (2) consecutive
8 days nor operate more than eight (8) days in a thirty (30) day
9 period.
2025 IN 1330—LS 6345/DI 147