LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6345 NOTE PREPARED: Nov 22, 2024
BILL NUMBER: HB 1330 BILL AMENDED:
SUBJECT: Child Operated Refreshment Stands.
FIRST AUTHOR: Rep. Johnson B BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: GENERAL IMPACT: Local
DEDICATED
FEDERAL
Summary of Legislation: Government: The bill 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.
Requirements: This bill provides that the individual who operates the stand must comply with certain
requirements. The bill provides that a stand is not considered a food establishment and does not require a
certified food protection manager.
Homeowners Association: This bill 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. It also 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 Date: July 1, 2025.
Explanation of State Expenditures:
Explanation of State Revenues:
Explanation of Local Expenditures: Depending on how a local unit or local health department enforces
requirements on a child operated refreshment stand, permitting or inspection workload could be reduced.
Explanation of Local Revenues: Permitting or inspection fee revenue may be reduced for any local unit
or local health department that charges for a child operated refreshment stand to be permitted or inspected.
HB 1330 1 State Agencies Affected:
Local Agencies Affected: Local units or local health departments.
Information Sources:
Fiscal Analyst: Jason Barrett, 317-232-9809.
HB 1330 2