MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Judiciary A

By: Representative Shanks

House Bill 1039

AN ACT TO PROVIDE THAT NO MUNICIPALITY, COUNTY, LOCAL PUBLIC HEALTH AUTHORITY OR PROPERTY OWNERS ASSOCIATION MAY ADOPT OR ENFORCE ANY ORDINANCE, ORDER OR OTHER REGULATIONS THAT PROHIBIT OR REGULATE THE SALE OF LEMONADE OR OTHER NONALCOHOLIC BEVERAGES THAT ARE SOLD BY MINORS ON PRIVATE PROPERTY; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  Notwithstanding any law to the contrary, a municipality, county or other local public health authority may not adopt or enforce an ordinance, order or rule that prohibits or regulates, including by requiring a license, permit or fee, the occasional sale of lemonade or other nonalcoholic beverages from a stand on private property or in a public park by an individual younger than eighteen (18) years of age.

     (2)  In addition to the prohibition provided in subsection (1) of this section and not withstanding any law to the contrary, a property owners association of a residential subdivision may not adopt or enforce a restrictive covenant that prohibits or regulates, including by requiring a permit or fee, the occasional sale of lemonade or other nonalcoholic beverages from a stand on property located in the subdivision by an individual younger than eighteen (18) years of age.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2024.