Permit required for Ballston Spa lemonade stand after all

July 30, 2018 06:52 PM

A lemonade stand shut down by the New York State Health Department over the weekend has state legislators looking to prevent that from happening again.

It all started Friday when a DOH official was checking the vendors inside the Saratoga County Fairgrounds to make sure things were up to code. That official got four complaints about 7-year-old Brendan Mulvaney's lemonade stand located down the street from the fairgrounds. They wanted to know if he got a permit for the stand.


That DOH official classified Brendan's stand as a vendor. That’s because the stand appeared to be more organized and advanced than an average child’s lemonade stand. There was a laminated sign, they sold lemonade, water, and soda as well. The official also did not see Brendan working the stand in the five to seven minutes she was there. Because of that, the DOH official said they need a permit.

Brendan's father Sean is calling the whole situation infuriating.

Sen. Jim Tedisco is looking to change the laws regarding lemonade stand permits.

"They have a permit for reason you know that permit makes them subject to inspection you know it's really for safety purposes,” DOH spokesman Gary Holmes said. "I have zero concern based on just the pictures, I’ve never been to Brendan's Lemonade Stand but I have zero concern based on the pictures I saw that there's any safety concerns there,” Holmes said. “But you’d be surprised…sometimes at these places that do you set up shop at fairs and so that's why there's a permit process."

Tedisco, who paid a visit to Brendan's Lemonade Stand over the weekend, put out a press release on Monday. He's calling for a permit exemption for children who operate pop-up lemonade stands under adult supervision.

DOH officials said the permits cost $30 and are good for the entire year.

Sean Mulvaney said they will be getting a permit and holding a fundraiser selling lemonade and other drinks for a friend with significant medical bills on Aug. 19.


Emily Burkhard

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