36-80-30. Lemonade stands.

This Code section shall be known and may be cited as the “Georgia Lemonade Stand Act.”#

As used in this Code section, the term:#

1. (1)

   “Business” means any enterprise carried on for the purpose of gain or economic profit.#

2. (2)

   “Gross receipts” means all receipts from whatever sources derived before any deductions and does not include tips, gratuities, or other amounts customarily assumed to be intended for the individual who has served the customer or client.#

A county, municipal corporation, or other governmental entity shall not require a license, permit, or registration for a business that:#

1. (1)

   Is operated solely by an individual or individuals who are under 18 years of age and:#

   1. (A)

      Are enrolled in a public school, licensed private school, or licensed home study program or a state approved adult education class if studying for a high school equivalency (HSE) diploma; or#

   2. (B)

      Have obtained a high school diploma or a high school equivalency (HSE) diploma;#

2. (2)

   Is located on private property with the permission of the property owner;#

3. (3)

   Generates gross receipts of $5,000.00 or less in a calendar year; and#

4. (4)

   Sells nonconsumable goods or prepackaged foods or lemonade or other nonpotentially hazardous nonalcoholic beverages.#