Legalizing Minors' Businesses

Prohibition on local government requiring license or permit for a business operated on an occasional basis by a minor - minor business must be located sufficient distance from commercial entity - general police powers still apply. The act prohibits any county, municipality, or city and county (local government) or any agency of a local government from requiring a license or permit for a business that is:

• Operated on an occasional basis by a minor (a person under the age of 18 years); and
• Located a sufficient distance from a commercial entity, determined by the local government, that is required to obtain a permit or license from the local government or an agency of the local government to prevent the minor's business from becoming a direct economic competitor of the commercial entity.

The act defines "occasional basis" to mean the business does not operate more than 84 days in any one calendar year.

The act specifies that it does not prohibit a local government from enacting and enforcing local laws under the local government's general police power in regard to the manner in which a business may be conducted by a minor with the exception of a requirement that the minor obtain a permit or license prior to engaging in the business.

(Note: This summary applies to this bill as enacted.)