Why Are Lemonade Stands Illegal in Some Places?

Posted in Food Safety,Our Blog on June 17, 2026

We have all seen a lemonade stand set up on the sidewalk for kids to make a few extra dollars or to fundraise for their school events, sports fees, etc. Did you know that these are illegal in some places? Most jurisdictions do not come and arrest children of course, but they are technically not supposed to be there and some have gotten a polite warning.

Why are lemonade stands illegal?

Legal permits only exist in 14 states. Without one, stands may get shut down and fined.

The following states have passed the Lemonade Stand Law allowing children to sell lemonade without securing a health permit. This can be on public property like parks, sidewalks, and playgrounds, or on private property with the permission of the owner.

California

Nevada

Utah

Colorado

North Dakota

Nebraska

Texas

Missouri

Louisiana

Illinois

New York

Vermont

Rhode Island

Connecticut

Here are some reasons why lemonade stands are illegal:

Common legal hurdles for selling lemonade

Permits and licenses: Many areas require a business license or vendor’s permit for any public sales, regardless of the seller’s age. These regulations are in place to regulate all businesses, and a lemonade stand is still technically considered one.
Health and safety codes: Public health departments regulate the preparation and sale of food and beverages to prevent foodborne illnesses. This means sellers often need to follow specific food handling procedures and undergo inspections.
Zoning ordinances: Zoning laws can dictate where businesses can and cannot operate. Public sidewalks, for instance, are often off-limits for commercial activity.
Competition: In some cases, vendors with proper permits may complain about unlicensed competitors, which can lead to stands being shut down.
Taxes: If a stand is profitable, the income may be taxable. Sellers could also be required to collect and remit sales tax.

If you make it to a point you know your stand is legal please follow these steps to ensure that food safety rules are abided by:

Always use clean and safe water and ice

Use tap water from your kitchen sink or refrigerator to make drinks and ice. Don’t use water from a bathroom sink or hose because it may not be safe. If you have a private water well, use store-bought water and ice.

Clean hands keep food safe

Be sure to wash your hands often and especially after using the restroom, eating, or touching money.

Make your drinks using safe ingredients

Use pre-packaged beverage powder mix or pre-packaged frozen concentrate. If you’re using fresh lemons, ensure they are properly washed with clean water before cutting them and store them in a clean container. Make sure that any utensils and surfaces like knives and cutting boards are cleaned regularly.

Don’t touch ice with bare hands

Use a clean ice scoop or tongs when getting ice to prevent touching ice with your bare hands.

Keep your drinks safe from bugs and dirt

Use a plastic pitcher with a lid to keep the lemonade covered between customers. Store drink pitchers and ice off the ground.

Hand out cups from the bottom

Use single-use disposable cups stored off the ground. When handing cups to customers, always hold the cup at the bottom and do not touch the top where people’s lips go.

Keep a trash can nearby

Have a trash can with a lid nearby to throw away used cups and keep bugs away.

At the end of the day we all want to see kids be successful and support their own dreams. If you are legally allowed to sell lemonade in your area have an awesome time and we here at Make Food Safe hope you get lots of great customers!

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