Bill Text: IL SB3459 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Failed) 2021-01-13 - Session Sine Die [SB3459 Detail]

Download: Illinois-2019-SB3459-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3459 Introduced 2/13/2020, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED:
410 ILCS 625/3.9 new
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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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Food Handling Regulation Enforcement Act is
amended by adding Section 3.9 as follows:
(410 ILCS 625/3.9 new)
Sec. 3.9. Lemonade stand.
(a) Notwithstanding any other provision of law and except
as provided under subsection (d), 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.
(b) An individual selling lemonade or other nonalcoholic
beverage under subsection (a) and the owner of private property
upon which the lemonade or other nonalcoholic beverage is sold:
(1) do not owe a duty of care to persons buying the
lemonade or nonalcoholic beverages; and
(2) are not liable for any injury incurred by persons
buying the lemonade or nonalcoholic beverages, except for
willful or wanton misconduct or gross negligence.
(c) A unit of local government or local public health

SB3459 - 2 - LRB101 20227 CPF 69767 b
authority may require an individual described under subsection
(a) who is selling lemonade or other nonalcoholic beverage to
provide notice to customers that the person does not owe a duty
of care and is not liable for injuries incurred except for
willful or wanton acts or gross negligence.
(d) This Section does not apply to the City of Chicago.
Section 99. Effective date. This Act takes effect upon
becoming law.