Whether we are parents preparing for spring cleanout and garage sales, children excited about summer and opening a lemonade stand, or a family looking to sell homemade treats to those who pass by, there are legal implications that apply to the summer "businesses" you and your family may be contemplating utilizing for a couple extra dollars this summer.  

Legal Expectation  

The Des Moines, Iowa, Municipal Code has detailed expectations for persons engaging in "business," such as displaying personal property for sale or selling food or beverages, especially if such display is being done out of a vehicle, trailer, tent, or any other form of temporary structure. (See Chapter 78, Section 78-10).  

When it comes to selling food and beverages in public parks and river areas, obtaining permission from the park and recreation board is essential. Before making such sales, it's advisable to reach out to the Park and Recreation Board (dsm.city) to ensure that you have the necessary approval to sell food and drink at the requested location. This step is crucial for adhering to the regulations in place.  

While there are clear rules and regulations related to public parks and rivers, the Des Moines Municipal Code is not as clear on the expectation when it comes to lemonade stands being set up in your own yard, which is a yard in which you own. House File 2238 comes into play when needing additional clarification. Prior to the year 2020, it was illegal for minors to sell lemonade without a permit.  

After Governor Kim Reynolds signed into law House File 2238 on June 25, 2020, it became legal for minors to sell lemonade without a license or permit. Specifically, the legislation reads that: "A municipal corporation or regulatory authority shall not adopt or enforce an ordinance or rule that requires a license, permit, or fee to sell or otherwise distribute food at a stand operated by a minor." (emphasis added). While the expectation with lemonade stands is not explicitly spelled out at the local level, the Des Moines, Iowa Municipal Code does provide various exceptions as they relate to garage sales.  

Legal Exceptions  

You may wonder how residents of Des Moines, Iowa, can take part in annual or biannual garage sales. Thankfully, you do not have to go far to find the expectations as they relate to the rules under the local municipal code. Specifically, the "casual and occasional sales of used household goods by the owner thereof to the public, on a non-receiving basis, if the seller, at the time of the sale, is not engaged for profit in the business of selling goods of that or a similar nature, so long as such sales are not conducted in excess of four consecutive days and no more than two times annually" is permissible.  

The key question to ask when you are attempting to sell and/or trade goods in public is if:

1. ) It is being done from a vehicle, trailer, tent, or temporary structure or from any temporary location or place.

2. ) If this place falls within one of the permitted premises within the city of Des Moines, Iowa, for such activities.

3. ) If you have the approval from the necessary parties and required permits.  

Thankfully, there is no need to dive deeper or have concerns as they relate to youth "businesses." Your children are welcome to sell lemonade all summer long. As for the adults hoping to engage in informal sales of business throughout the summer, reach out to the necessary entities and obtain the necessary permits to ensure you can continue with business as planned without roadblocks along the way.

Source

Municode Library