PRINTER'S NO. 626
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
664
Session of
2021
INTRODUCED BY HERSHEY, FEE, GILLEN, GLEIM, HILL-EVANS, JAMES,
KERWIN, MILLARD, PASHINSKI, PICKETT, ROTHMAN, ROWE, RYAN AND
ZIMMERMAN, FEBRUARY 26, 2021
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 26, 2021
AN ACT
Amending Titles 53 (Municipalities Generally) and 68 (Real and
Personal Property) of the Pennsylvania Consolidated Statutes,
in preemptions, providing for businesses operated by minors;
and, in general provisions relating to planned communities,
providing for businesses operated by minors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 306. Businesses operated by minors.
(a) Restrictions on licenses and permits.--Notwithstanding
any other provision of law:
(1) a municipality or an agency of a municipality may
not require a license for a business that is:
(i) operated on an occasional basis by a minor; and
(ii) located a sufficient distance, as determined by
the municipality, from a commercial entity required to
obtain a license from the municipality or an agency of
the municipality to prevent the minor's business from
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becoming a direct economic competitor of the commercial
entity.
(2) A municipality may not prohibit a business operated
by a minor from operating in a primarily residential zone or
unzoned area in the municipality.
(b) Construction.--Nothing in this section may be construed
to prohibit a municipality from enacting and enforcing local
laws relating to the manner in which a business may be operated
by a minor, with the exception of a requirement that the minor
obtain a permit or license prior to operating the business.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Business."
(1) An enterprise that is:
(i) Exclusively owned by one or more minors
receiving not more than $10,000 in net proceeds per year
from the the enterprise.
(ii) Carried on for the purpose of gain or economic
profit.
(2) The term does not include:
(i) An act of an employee rendering services to an
employer.
(ii) An enterprise organized as a form of for-profit
corporation, limited liability partnership or company
under the provisions of 15 Pa.C.S. (relating to
corporations and unincorporated associations).
"License." A license or permit required by a municipality to
temporarily or permanently offer sale of goods or provision of
services or otherwise operate an enterprise in the municipality.
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This term does not include a building permit.
"Minor." A person under 18 years of age.
"Municipality." A county, city, borough, incorporated town,
township or home rule municipality.
"Occasional basis." A business that does not operate more
than 84 days in a calendar year.
Section 2. Title 68 is amended by adding a section to read:
§ 5115. Businesses operated by minors.
(a) Restrictions on licenses.--Notwithstanding any other
provision of law, an association or an agency of an association
may not require license for a business that is operated on an
occasional basis by a minor.
(b) Construction.--Nothing in this section may be construed
to:
(1) Prohibit an association from enacting and enforcing
association rules relating to the manner in which a business
may be conducted by a minor, with the exception of a
requirement that the minor obtain a license prior to engaging
in a business.
(2) Void provisions of bylaws or declarations adopted in
accordance with law prior to the effective date of this
section.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Business." An enterprise carried on for the purpose of gain
or economic profit. The term does not include an act of an
employee rendering services to an employer.
"License." A license or permit required by an association to
temporarily or permanently offer sale of goods or provision of
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services or otherwise operate an enterprise in the municipality
in which the association is located.
"Minor." A person under 18 years of age.
"Occasional basis." A business that does not operate more
than 84 days in a calendar year.
Section 3. This act shall take effect in 60 days.
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