Seven-Year-Old’s Lemonade Stand Shut Down for License Violation Print
Wednesday, August 11 2010

A Portland, Oregon business was shut down recently by the Multnomah County Health Department for failure to purchase a license.  The business owner was 7-year-old Julie Murphy; the business was a lemonade stand at the monthly art fair in a Northeast Portland neighborhood.
 
According to news reports, shortly after selling her first 50-cent glass of lemonade, a "lady with a clipboard" came over and asked Murphy for her license. When Murphy's mom Maria Fife explained they didn't have one, the woman told them they would need to leave or possibly face a $500 fine for failing to get a $120 temporary restaurant license.
 
"I understand the reason behind what they're doing and it's a neighborhood event, and they're trying to generate revenue," said Jon Kawaguchi, environmental health supervisor for the county health department. "But we still need to put the public's health first."
 
"Technically, any lemonade stand -- even one on your front lawn -- must be licensed under state law," said Eric Pippert, the food-borne illness prevention program manager for the state's public health division. But county inspectors are unlikely to go after kids selling lemonade on their front lawn unless, he conceded, their front lawn happens to be on Alberta Street during the monthly art show.

"When you go to a public event and set up shop, you're suddenly engaging in commerce," he said. "The fact that you're small-scale I don't think is relevant."

After packing up the stand, Fife commented that she does see the need for some food safety regulation, but she thinks the county went too far in trying to control events as unstructured as the neighborhood art fair.
 
Michael Franklin, the man at the booth next to Murphy, is organizing a "Lemonade Revolt" at the August art show. He's calling on anarchists, neighbors and others to come early for the event and grab space for lemonade stands.

—Source:  OregonLive.com