E. Texas police shut down girls' lemonade stand, demand permit

Published: Jun. 9, 2015 at 8:50 PM CDT|Updated: Jun. 9, 2015 at 9:53 PM CDT
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OVERTON, TX (KLTV) - A little summer fun was spoiled by police in Overton, and state health laws. Andria and Zoey Green wanted to raise $105 for a Father's Day present.

"We were trying to raise some money to take our dad to Splash Kingdom," 8-year-old Andria explains.

Their mother, Sandi Evans says her daughters have an entrepreneurial spirit.

"The girls are always into making their own money," Evans says.

The girls initially wanted to start a paper route, but decided on a lemonade stand to make money more quickly.

Zoey describes their business plan.

"We had kettle corn and lemonade. The lemonade was for 50 cents and the kettle corn was a dollar, but if you got both it was a dollar."

They had been open for about an hour and had already made more than $25, when police showed up, initially because they were set up near the curb in a residential street.

"A code enforcement officer and the chief, she called me to the side and said we needed a permit," Sandi recalls.

The City agreed to waive the $150 fee for a 'Peddler's Permit," but the health department would prove a bigger problem.

Police Chief Clyde Carter explains, "It is a lemonade stand but they also have a permit that they are required to get."

Texas House Bill 970, or the Texas Baker's Bill, prohibits the sale of food which requires time or temperature control to prevent spoilage. Since lemonade technically must be refrigerated to prevent the growth of bacteria, by law, the girls can not sell it without an inspection and permit.

Sandi does not agree.

"I think that's ridiculous. I think they're 7 and 8 and they're just trying to make money for their own cause," she said.

It is, however, the law, and Overton police say they will enforce it.

"We have to follow by the state health guidelines. They have to have a permit if they're going to do the lemonade stands," Carter says.

The Green sisters say they will set up their lemonade stand this Saturday from 10:00am until 12:00pm. This time, though, they will be accepting donations.

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