Assembly Commerce and Economic Development Committee Statement to Assembly, No. 853 (January 27, 2020)

Summary

An Assembly Commerce and Economic Development Committee statement to Assembly, No. 853, State of New Jersey, dated January 27, 2020, reporting the bill favorably. The bill would prohibit municipalities from requiring a child to obtain a license or permit to operate a business temporarily, allowing anyone under the age of 18 to occasionally operate a business without a local permit or license. The statement says the bill is based on a Utah law and cites news accounts of officials shutting down child-run lemonade stands. It also notes P.L.2015, c.240, a New Jersey law barring municipalities from regulating the solicitation of snow shoveling services.

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ASSEMBLY COMMERCE AND ECONOMIC DEVELOPMENT COMMITTEE

STATEMENT TO

ASSEMBLY,
No. 853

STATE
OF NEW JERSEY

DATED: JANUARY
27, 2020

The Assembly Commerce and Economic Development Committee
reports favorably Assembly Bill No. 853.

This bill would prohibit municipalities from requiring
a child to obtain a license or permit in order to operate a business
temporarily. This bill is based upon a law enacted in Utah. News accounts out
of Texas, Utah, and New York State reported incidents of government officials
shutting down child-run lemonade stands for failing to secure licenses or
permits. A similar problem, a municipality penalizing teenagers for soliciting
work shoveling snow because they did not have a permit, led to the enactment of
P.L.2015, c.240, a New Jersey law which prohibits municipalities from
regulating the solicitation of snow shoveling services. This bill proposes a
more broad approach to this general issue by allowing anyone under the age of
18 to occasionally operate a business without having first secured a local
permit or license.

This bill was pre-filed for introduction in the
2020-2021 session pending technical review. As reported, the bill includes the
changes required by technical review, which has been performed.

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