PERMITS TO RUN LEMONADE STAND? COUNCIL MAY WEIGH IN
Council member wants to officially drop the rarely enforced rule.
Austin City Council Member Ellen Troxclair is hoping to “free the lemonade” on Thursday.
Troxclair, the council’s lone conservative, is broadly against the government overregulation of markets. And in this case, that means getting rid of the city code measure that technically requires kids to get a $35 temporary food permit to operate a lemonade stand.
On Thursday, a resolution coming before the council would direct the city manager to create an ordinance that would do away with that permit requirement for lemonade stands. Of course, the resolution would have a play on words.
“WHEREAS, the City Council desires to ‘Free the Lemonade’ and allow children to make lemonade out of lemons free from administrative burdens year-round ...,” Troxclair’s resolution says.
Troxclair told the American-Statesman she became aware of lemonade stand permits back in April when the City Council approved a resolution related to Lemonade Day, the annual practice since 2009 to offer a day free of red tape for kids to sell lemonade.
“So when we passed that, I said, ‘I’m going to work to free the lemonade,’” Troxclair said.
To be sure, the city of Austin doesn’t have a goon squad looking to fine aspiring young entrepreneurs hoping to make a buck or two from selling a cup of the sweet summer solace. It’s an infor-
mal policy to leave lemonade stands alone, said Vincent Delisi, manager of environmental health services at the city’s Public Health Department.
“Technically, according to the rules, permitting and inspecting is required,” Delisi said. “Our division for the city of Austin and Travis County has not made a practice of patrolling neighborhoods looking for neighborhood lemonade stands. That is not something that is a priority or something on our radar.”
But lemonade stands do fall under the city code’s for temporary food establishments. It outlines how operators must sanitize equipment and comply with food storage and other requirements.
“I get it,” Troxclair said. “The laws all have good intention, and we certainly need to keep food uncontaminated, but kids selling lemonade at lemonade stands is pretty low risk.”
Even with the resolution on the way, the department is actually in the process of creating a formal policy to not require any permits for “children’s neighborhood beverage stands,” Delisi said.
Troxclair is promoting the resolution on social media with her #FreeTheLemonade hashtag. It has three co-sponsors, including Mayor Steve Adler.