New York state shuts down boy's lemonade stand, citing need for permit

Source: The Hill
Published: Jul 31, 2018
Author: Aris Folley
Post Date: 2018-08-01 07:34:43 by Deckard
Views: 6546

New York state shuts down boy's lemonade stand, citing need for permit

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The New York State Health Department reportedly shut down a 7-year-old boy’s lemonade stand because his family didn’t have a permit.

Brendan Mulvaney’s makeshift stand was located just outside the Saratoga County Fair in upstate New York, where a group of vendors reportedly made complaints to a state health official doing a routine inspection of the fair about the young competition, according to the New York Post.

The inspector then made a visit to the lemonade stand, where he reportedly ordered the family to shut down the operation.

“We didn’t think that we needed [a permit], we didn’t know that we needed one,” the young boy’s mother, Jodi Mulvaney, told the Post. “It didn’t even cross our minds.” 

Local authorities told the outlet it was unusual for the state's health department to be regulating lemonade stands.

The agency issued a public apology to the 7-year-old “for any inconvenience.” 

“We are working to better understand the situation but in the meantime want to assure the community that [the health department] does not issue permits for or oversee lemonade stands,” a spokeswoman for the agency, Jill Montag, told the Albany Times Union. 

But according to the Post, the agency reversed its stance hours later and said a permit was definitely required for the young boy’s front porch stand. 

"We have zero interest in shutting down a boy's lemonade stand or regulating lemonade stands," spokesman Gary Holmes said to the Times Union. "We also don't want to pick a fight with the family. We want to put all the vendors on a level playing field." 

Sean Mulvaney, the young boy’s father, fumed to the local publication: “Yesterday, they issue an apology and today I need a permit.” 

Holmes added that the permit needed costs $30 and that the agency would expedite any paperwork from the young boy’s family. 

State Sen. Jim Tedisco (R) visited Brendan Mulvaney's stand on Sunday and called for the state to stay out of the young boy’s business.

“There’s nothing that says America more than apple pie and kids running lemonade stands,” Tedisco said in a statement to the Times Union. “What has our state government come to?”

New York Gov. Andrew Cuomo (D) also reached out to the family and said he reached a resolution with the Mulvaneys to ensure the lemonade stand can continue to operate.

"Today I directed the Department of Health to reach a resolution with the Mulvaney family to ensure that Brendan's Lemonade Stand can continue to operate," Cuomo said in a statement. "If a permit is needed, I will personally pay for any necessary fees. We support Brendan's entrepreneurial spirit and wish him the best of luck."


Poster Comment:

... a group of vendors reportedly made complaints to a state health official doing a routine inspection...

"We also don't want to pick a fight with the family. We want to put all the vendors on a level playing field."

The vendors (snitches) were reportedly selling their lemonade for $7.00 while some kid wants to make a few bucks selling his much cheaper.

Isn't competition in business supposed to be good?

"Today I directed the Department of Health to reach a resolution with the Mulvaney family to ensure that Brendan's Lemonade Stand can continue to operate," Cuomo said in a statement. "If a permit is needed, I will personally pay for any necessary fees. We support Brendan's entrepreneurial spirit and wish him the best of luck."

Good for the Governor - even as a Democrat, he gets it.

Post Comment   Private Reply

#1: Deckard    To: hondo68, Gatlin, misterwhite, nolu chan, GrandIsland, anti-capitalists (#0)

The young entrepreneur, Brendan Mulvaney, was selling lemonade, water and Sno-cones from the porch of his family’s home, which just so happens to be right outside the Saratoga County Fair in upstate New York.

Not even inside the Fairgrounds - yet the vendors snitched on him.

Deckard posted on 2018-08-01 08:43:54   Reply   Private Reply


#2: misterwhite    To: Deckard (#0)

Isn't competition in business supposed to be good?

Well, sure, if they're all playing under the same set of rules. Was that the case here?

misterwhite posted on 2018-08-01 09:03:28   Reply   Private Reply


#3: Deckard    To: misterwhite (#2)

Well, sure, if they're all playing under the same set of rules. Was that the case here?

He was on his own porch, outside the fairgrounds.

Deckard posted on 2018-08-01 09:07:29   Reply   Private Reply


#4: misterwhite    To: Deckard (#0)

Cuomo said in a statement. "If a permit is needed, I will personally pay for any necessary fees.

He'll get that back in sales taxes.

misterwhite posted on 2018-08-01 09:08:14   Reply   Private Reply


#5: Deckard    To: misterwhite (#4)

Cuomo said in a statement. "If a permit is needed, I will personally pay for any necessary fees.

He'll get that back in sales taxes.

You're happy that the State is going to extort this kid for taxes?

Gosh - he might make 40 or 50 bucks.

Deckard posted on 2018-08-01 09:11:57   Reply   Private Reply


#6: misterwhite    To: Deckard (#3)

He was on his own porch, outside the fairgrounds.

Competing against vendors who paid for a permit, charged sales tax, were insured against liability, paid workers comp, paid taxes on their earnings, etc.

The kid is playing by his own set of rules and taking money from legitimate vendors who are working to support their families.

misterwhite posted on 2018-08-01 09:14:51   Reply   Private Reply


#7: misterwhite    To: Deckard (#5)

Gosh - he might make 40 or 50 bucks

Well, let's see. $50 worth of lemonade at 75 cents each is about 67 cups. Had the vendors inside sold 67 cups, they would have made around $470.

That's what he took from them.

misterwhite posted on 2018-08-01 09:18:47   Reply   Private Reply


#8: Stoner    To: Deckard (#0)

" State Sen. Jim Tedisco (R) visited Brendan Mulvaney's stand on Sunday and called for the state to stay out of the young boy’s business.

“There’s nothing that says America more than apple pie and kids running lemonade stands,” Tedisco said in a statement to the Times Union. “What has our state government come to?”

New York Gov. Andrew Cuomo (D) also reached out to the family and said he reached a resolution with the Mulvaneys to ensure the lemonade stand can continue to operate.

"Today I directed the Department of Health to reach a resolution with the Mulvaney family to ensure that Brendan's Lemonade Stand can continue to operate," Cuomo said in a statement. "If a permit is needed, I will personally pay for any necessary fees. We support Brendan's entrepreneurial spirit and wish him the best of luck." "

Well, it appears that State Sen Jim Tedisco and Gov Cuomo have displayed some common sense, which is an extremely rare commodity in government !!

This was another example of power tripping pea brained bureaucrats lacking common sense!

Stoner posted on 2018-08-01 09:20:35   Reply   Private Reply


#9: misterwhite    To: Deckard (#5)

You're happy that the State is going to extort this kid for taxes?

I'm not happy the State extorts anyone for taxes. But, if they do, the law should apply to everyone equally.

Or do you think we should have different laws for different people based on their sob stories?

misterwhite posted on 2018-08-01 09:28:28   Reply   Private Reply


#10: misterwhite    To: Stoner (#8)

Well, it appears that State Sen Jim Tedisco and Gov Cuomo have displayed some common sense

Not a display of common sense. A blatant display of pandering to the voters.

They're the ones who passed the fucking laws and now these hypocrites have the balls to flaunt them? Will they pay the permit fees of the other vendors not making headlines?

misterwhite posted on 2018-08-01 09:33:42   Reply   Private Reply


#11: Stoner    To: misterwhite (#10)

RIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIGHT !! LOL !!

Stoner posted on 2018-08-01 09:48:47   Reply   Private Reply


#12: Deckard    To: misterwhite (#7)

Had the vendors inside sold 67 cups, they would have made around $470.

He wasn't "inside".

That's what he took from them.

He "took" nothing from them.

Deckard posted on 2018-08-01 09:54:36   Reply   Private Reply


#13: misterwhite    To: Deckard (#12)

He wasn't "inside".

No, because that would have cost money for the space, booth construction, insurance, state inspections, and a license. In other words, he would have had to compete on a level playing field.

As it was, he skimmed off the customers before they even entered ther fairgrounds, depriving the legitimate vendors inside of sales. He stole their money.

misterwhite posted on 2018-08-01 10:31:58   Reply   Private Reply


#14: Deckard    To: misterwhite (#13)

As it was, he skimmed off the customers before they even entered the fairgrounds...

I doubt that any of his customers complained about being "skimmed".

He stole their money.

He wasn't even inside the fairgrounds - Now he's a thief?

You never fail to amuse paulsen.

Deckard posted on 2018-08-01 10:44:26   Reply   Private Reply


#15: Liberator    To: Deckard, misterwhite (#3)

He was on his own porch, outside the fairgrounds.

Uh...NO seven year-old in his wildest dreams sets up that kind of Little Rascals type of signage and commercial operation.

I find the fake "kiddie writing" on the sign insulting. This entire story is theater. But then the MSM loves another "I'M-A-VICTIM!!" story that involved children. And bad ol' cops!

WHY humor yet one more attention ho-ing by narcissistic, self-entitled parent exploiting kids for a lawsuit? And a LIE?

Let's stop contributing to the "I-WUZ-WRONGED!" delusion and war against cops and laws with BS crusades designed to demonize LE and Common Sense.

A spontaneous, REAL kiddie lemonade stand are set up in front of a house that Mommy "helps" to a minimal degree by supplying the table, cups, and the Koo-lade & sugar.

SIGNED,

Those of us who remember how a REAL kid-operated lemonade stand works

Liberator posted on 2018-08-01 13:47:42   Reply   Private Reply


#16: Liberator    To: Stoner, Misterwhite (#8)

New York Gov. Andrew Cuomo (D) also reached out to the family and said he reached a resolution with the Mulvaneys to ensure the lemonade stand can continue to operate.

"Today I directed the Department of Health to reach a resolution with the Mulvaney family to ensure that Brendan's Lemonade Stand can continue to operate," Cuomo said in a statement. "If a permit is needed, I will personally pay for any necessary fees. We support Brendan's entrepreneurial spirit and wish him the best of luck."

Look at the bigger picture...

King Cuomo sez, "Screw The Law" -- *I* AM THE LAW!!" I guess this BS PR move will help his re-election bid and reinforce his socialist bonafides. This guy has ZERO scruples and respect for businesses who are squeezed by an over-officious state on regs and the law.

Nothing like undermining legit LE, portraying THEM as the Nazis, and rewarding pure theatrics of typical Dem-socialist operations.

(Hmm...WAS this entire operation a Fix to help Select Law-Enforcer Cuomo look like a savior of the Little People??)

Liberator posted on 2018-08-01 13:55:26   Reply   Private Reply


#17: Liberator    To: misterwhite (#13)

[It] cost money for the space, booth construction, insurance, state inspections, and a license.

In other words, he would have had to compete on a level playing field.

Right.

And does this Cuomo move also open the door for OTHER "Mom & Pop" or "Kiddie" operations to prop up all over NY state by selling hot dogs, ice cream, and meatball sammiches ON THEIR FRONT PORCH??

For a state that demands regs up the wazoo, suddenly Cuomo is Santa Claus. (We know it's all just a pre-election PR stunt.)

As it was, he skimmed off the customers before they even entered their fairgrounds, depriving the legitimate vendors inside of sales.

Again, this is true.

Fair is fair. But in Dem-controlled States and cities, why are socialist-Dem law enforcement so unevenly enforced and prejudicially political??

Cuomo and Dems ONLY enforce laws they like. THAT is called ANARCHY.

Liberator posted on 2018-08-01 14:03:13   Reply   Private Reply


#18: misterwhite    To: Liberator (#15)

A spontaneous, REAL kiddie lemonade stand are set up in front of a house that Mommy "helps" to a minimal degree by supplying the table, cups, and the Koo-lade & sugar.

Exactly. Not set up near the fairgrounds during an event, competing with the vendors inside.

misterwhite posted on 2018-08-01 14:15:25   Reply   Private Reply


#19: misterwhite    To: Liberator (#17)

Cuomo and Dems ONLY enforce laws they like ...

... against the people they don't like.

If I were a licensed lemonade vendor I'd be pissed. I'd demand that Cuomo pay for MY license.

Dems are real good at passing laws. That shows people they're "doing something". But enforcing those very same laws? Not so much.

HUD banned smoking in public housing two years ago under Obama. Finally it's being enforced. Meaning, Trump will be blamed.

misterwhite posted on 2018-08-01 14:25:42   Reply   Private Reply


#20: misterwhite    To: Liberator (#17)

And does this Cuomo move also open the door for OTHER "Mom & Pop" or "Kiddie" operations to prop up all over NY state by selling hot dogs, ice cream, and meatball sammiches ON THEIR FRONT PORCH??

Have these 7-year-olds set up their stands at every entrance to the fairgrounds selling everything. Then see what Cuomo does. Sooner or later their little socialist utopia breaks down and reality sets in.

Also, anyone who gets sick at this kid's booth should sue Cuomo.

misterwhite posted on 2018-08-01 14:30:21   Reply   Private Reply


#21: Deckard    To: Liberator (#15)

Uh...NO seven year-old in his wildest dreams sets up that kind of Little Rascals type of signage and commercial operation.

Gosh - maybe he got some help from his mom on the sign.

BFD.

When did Gatlin start using your screen name?

Deckard posted on 2018-08-01 15:14:55   Reply   Private Reply


#22: Deckard    To: Liberator (#15)

Those of us who remember how a REAL kid-operated lemonade stand works

I don't recall any kids getting busted for not asking permission from the almighty State.

Deckard posted on 2018-08-01 15:32:12   Reply   Private Reply


#23: Deckard    To: Liberator (#16)

King Cuomo sez, "Screw The Law" -- *I* AM THE LAW!!"

Uh-huh, sure.

Cuomo said in a statement. "If a permit is needed, I will personally pay for any necessary fees. We support Brendan's entrepreneurial spirit and wish him the best of luck."

Cuomo didn't ignore the law - he offered to pay the permit fee.

(Hmm...WAS this entire operation a Fix to help Select Law-Enforcer Cuomo look like a savior of the Little People??)

Alternate text if image doesn't load

Deckard posted on 2018-08-01 15:36:55   Reply   Private Reply


#24: Deckard    To: misterwhite (#18)

Not set up near the fairgrounds during an event, competing with the vendors inside.

Yeah - the kid should have gone a mile or two away instead of selling lemonade FROM HIS OWN FRONT PORCH.

Never have been a big fan of property rights, have you paulsen?

Surprised you haven't weighed in here:

County compels 91-year-old woman to tear down home wheelchair ramp

Deckard posted on 2018-08-01 15:40:24   Reply   Private Reply


#25: Hondo68    To: Deckard (#1)

This ONE kid gets a permit paid for by New York Gov. Andrew Cuomo (D), but all the rest of the kids in NY get discriminated against?

Take it to the supreme court, class action.

This is similar to Trump making deals and giving out pardons for ONE entity, but leaving the problem intact, Big Stupid Government.

A tyrant's half-assed FAKE fix. Impeach and remove both of these fake Americans.

Hondo68 posted on 2018-08-01 16:48:00   Reply   Private Reply


#26: misterwhite    To: Deckard (#24)

Yeah - the kid should have gone a mile or two away instead of selling lemonade FROM HIS OWN FRONT PORCH.

I'm just sayin' that this wasn't some run-of-the-mill lemonade stand run by a 7-year-old. He set it up across the street from the fairgrounds where an event was being held. The vendors inside complained and I don't blame them.

misterwhite posted on 2018-08-01 17:47:29   Reply   Private Reply


#27: Deckard    To: hondo68 (#25)

This ONE kid gets a permit paid for by New York Gov. Andrew Cuomo (D), but all the rest of the kids in NY get discriminated against?

Wonder why the good people at Countrytime Lemonade didn't get a chance to pay the kid's fees?

Guess Cuomo beat them to the punch.

Good PR for him, but now according to some - hes an anarchist

A tyrant's half-assed FAKE fix. Impeach and remove both of these fake Americans.

Trump's too busy playing kissy face with Goldman-Sachs and doing the bidding of the warmongers.

Deckard posted on 2018-08-01 17:48:23   Reply   Private Reply


#28: Deckard    To: misterwhite (#26)

He set it up across the street from the fairgrounds where an event was being held.

Yeah - because THAT'S WHERE HE LIVED!

Deckard posted on 2018-08-01 17:49:16   Reply   Private Reply


#29: misterwhite    To: Deckard (#28)

Yeah - because THAT'S WHERE HE LIVED!

And it's mere coincidence that he set up his lemonade stand on the very same days as an event at the fairgrounds ACROSS THE STREET.

misterwhite posted on 2018-08-01 17:53:41   Reply   Private Reply


#30: Deckard    To: misterwhite (#29)

And it's mere coincidence that he set up his lemonade stand on the very same days as an event at the fairgrounds ACROSS THE STREET.

Well, he tried before setting one up in December, but found out that no one wanted to buy ice cold lemonade when the temperatures were in the 20's.

Deckard posted on 2018-08-01 17:57:53   Reply   Private Reply


#31: misterwhite    To: Deckard (#28)

Yeah - because THAT'S WHERE HE LIVED!

Not the point. Did he sell lemonade when there wasn't something going on at the fairgrounds?

misterwhite posted on 2018-08-02 09:58:26   Reply   Private Reply