Department of Health: 7-year-old needs permit for lemonade stand

BALLSTON SPA, NY — "Stir it up and voila! You've got lemonade!" explained Brendan Mulvaney.

At just 7 years old, Brendan makes a mean lemonade, and at a bargain too.

He's been selling the summer staple at his stand on his parents' porch for the last few years.

But this weekend, his father says Brendan's stand was shut down by the state.

"Nothing he did was wrong," Sean Mulvaney said.

A spokesman for the New York State Department of Health says an inspector stopped at the stand after receiving complaints from vendors at the Saratoga County Fair across the street.

The spokesman claims the stand looked "too structured" and "much greater than the average little kid's spontaneous lemonade stand."

The Mulvaneys were told by law, they will need to pay for a permit for the second grader to operate his stand.

"There's more important things in life than shutting down a kid's lemonade stand," Mulvaney said.

"It boggles the mind," said Senator Jim Tedisco.

Tedisco is calling the state's response a complete overreach that lacks common sense.

Monday, Tedisco announced that he's drafting legislation called the lemon-aid law to help keep child-run lemonade stands open for business in New York State.

"We're spending time fighting the real criminals now! The 7 year olds out in their front yard selling lemonade. Those are not the criminals in New York State. These are families trying to reach their kids some important lessons," Tedisco said.

Brendan says working the stand has taught him a lot.

"Being good, being respectful, and learning math and stuff."

His father says they will be buying a permit and they will reopen the stand, this time to raise money for a family friend.

12-year-old Maddy Moore is living with Blounts disease, which affects the growth plates in her legs.

Brendan wants to give all his proceeds to Maddy's fund for surgery.

"For a 7-year-old to look out for me is amazing," Maddy said.

And so perhaps the most important lesson the stand has taught is how to turn life's lemons into lemonade.

On Tuesday, Governor Andrew Cuomo said he is committing to personally pay for any fees for Brendan's Lemonade Stand.

"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. 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.