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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3459 Introduced 2/14/2020, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED:
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Amends the Food Handling Regulation Enforcement Act. Provides that, notwithstanding any other provision of law, a unit of local government or local public health authority shall not require a license, permit, or fee for the sale of lemonade or other nonalcoholic beverage by an individual under 18 years of age from a stand on private property with permission of the owner of the private property or in a public park. Provides that an individual selling lemonade or other nonalcoholic beverage under the provisions and the owner of private property upon which the lemonade or other nonalcoholic beverage is sold do not owe a duty of care to persons buying lemonade or nonalcoholic beverages, and are not liable for any injury incurred by such persons except for willful or wanton misconduct or gross negligence. Provides that a unit of local government or local public health authority may require an individual selling lemonade or nonalcoholic beverage under the amendatory provisions to provide notice of his or her lack of a duty of care and liability. Effective immediately.
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| | A BILL FOR |
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| | SB3459 | | LRB101 20227 CPF 69767 b |
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| 1 | | AN ACT concerning health.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Food Handling Regulation Enforcement Act is |
| 5 | | amended by adding Section 3.9 as follows:
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| 6 | | (410 ILCS 625/3.9 new) |
| 7 | | Sec. 3.9. Lemonade stand. |
| 8 | | (a) Notwithstanding any other provision of law and except |
| 9 | | as provided under subsection (d), a unit of local government or |
| 10 | | local public health authority shall not require a license, |
| 11 | | permit, or fee for the sale of lemonade or other nonalcoholic |
| 12 | | beverage by an individual under 18 years of age from a stand on |
| 13 | | private property with permission of the owner of the private |
| 14 | | property or in a public park. |
| 15 | | (b) An individual selling lemonade or other nonalcoholic |
| 16 | | beverage under subsection (a) and the owner of private property |
| 17 | | upon which the lemonade or other nonalcoholic beverage is sold: |
| 18 | | (1) do not owe a duty of care to persons buying the |
| 19 | | lemonade or nonalcoholic beverages; and |
| 20 | | (2) are not liable for any injury incurred by persons |
| 21 | | buying the lemonade or nonalcoholic beverages, except for |
| 22 | | willful or wanton misconduct or gross negligence. |
| 23 | | (c) A unit of local government or local public health |