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I Tried to Open a Lemonade Stand
· Friday, February 24, 2012
Want to open a business in America? It isn't easy.
In Midway, Ga., a 14-year-old girl and her 10-year-old sister sold lemonade from their front yard. Two police officers bought some. But the next day, different officers ordered them to close their stand.
Their father went to city hall to try to find out why. The clerk laughed and said she didn't know. Eventually, Police Chief Kelly Morningstar explained, "We were not aware of how the lemonade was made, who made the lemonade and of what the lemonade was made with."
Give me a break. If she doesn't know, so what? But kids trying their first experiment with entrepreneurship are being shut down all over America. Officials in Hazelwood, IllinoisIll., ordered little girls to stop selling Girl Scout cookies.
It made me want to try to jump through the legal hoops required to open a simple lemonade stand in New York City. Here's some of what one has to do:
-- Register as sole proprietor with the County Clerk's Office (must be done in person)
-- Apply to the IRS for an Employer Identification Number.
-- Complete 15-hr Food Protection Course!
-- After the course, register for an exam that takes 1 hour. You must score 70 percent to pass. (Sample question: "What toxins are associated with the puffer fish?") If you pass, allow three to five weeks for delivery of Food Protection Certificate.
-- Register for sales tax Certificate of Authority
-- Apply for a Temporary Food Service Establishment Permit. Must bring copies of the previous documents and completed forms to the Consumer Affairs Licensing Center.
Then, at least 21 days before opening your establishment, you must arrange for an inspection with the Health Department's Bureau of Food Safety and Community Sanitation. It takes about three weeks to get your appointment. If you pass, you can set up a business once you:
-- Buy a portable fire extinguisher from a company certified by the New York Fire Department and set up a contract for waste disposal.
-- We couldn't finish the process. Had we been able to schedule our health inspection and open my stand legally, it would have taken us 65 days.
I sold lemonade anyway. I looked dumb hawking it with my giant fire extinguisher on the table.
Tourists told me they couldn't believe that I had to get "all those permits." A Pakistani man said: "That's crazy! You should move to Pakistan!"
But I don't want to move to Pakistan.
Politicians say, "We support entrepreneurs," but the bureaucrats make it hard. The Feds alone add 80,000 pages of new rules every year. Local governments add more. There are so many incomprehensible rules that even the bureaucrats can't tell you what's legal. In the name of public safety, politicians strangle opportunity.
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Rildo Pragana
It is looking more and more like Brazil. I regret USA used to be a great country to make a living. I dreamed to migrate there several years ago, but this bureaucracy seems brazilian authorities' creations. I have opened a business here, but it remains open and I don't know how to finnaly close it. It was a mistake that didn't generated me a dime. It is near to impossible to win something in Brazil without being favoured by politicians.
Please, american people, don't let this happen in your beautiful land, as you are the bastion of the world. You will be followed by many other countries and the full world would be a comunist state. We are going to be slaves forever. First step: take out Obama of the White House. Dont matter who will be there, but try a republican first (Santorum, maybe), or a libertarian like Ron Paul. But don't let crazy democrats continue. They will destroy your nice country.
Greetings from Recife, Brasil.
Posted February 24, 2012 at 8:05:41 AM
Jim G
Thank you Rildo. There are a lot of us trying, but with nearly 50% of our population paying nothing in taxes and a similar percentage receiving some sort of direct benefit from the Federal Govt... well, it's starting to feel like trying to push water uphill.
Of course, you're precisely the kind of immigrant we DO NEED. Those who are hard-working and want to lawfully come here to embrace the First Principles of Americanism. Immigrants who don't want to change America, but yearn to become a part of America. So come on brother. We need more entrepenuerial freedom loving capitalists like you.
God Save the Republic.
Posted February 24, 2012 at 9:47:22 AM
Holmes Simons
@Rildo: Keep it up, my friend, and the "Truth Team" will get a taxpayer-funded all expense paid vacation, I mean, official business trip, to your beautiful Country.
Posted February 24, 2012 at 9:51:57 AM
Steve
And Ohdrama wonders why he can't get the jobs numbers up. In many cases, the President is powerless because it's the state and local governments who exercise their powers to grant monopolies and pay political favors.
Fortunately, it's easier to fight that corruption at the local and state level... but sad that it's necessary. The case can be made that they're choking jobs creation... and that argument is easier to press in election years.
Posted February 24, 2012 at 12:52:20 PM
Sick of PC and Fed Regs
As the historian Tacitus put it, "The more corrupt the state, the more numerous the laws".
Perhaps our nanny government is trying to keep us from being poisoned by home-grown grade-school terrorists. I feel safer already. Or not.
Posted February 24, 2012 at 12:56:51 PM
Sharon
Sonny Bono ran for office after he opened a restaurant in California. I think it had to do with all the regulations/requirements surrounding his a putting up a sign.
Posted February 24, 2012 at 2:43:20 PM
M Rick Timms. MD
I doesn't stop with lemonade... I am a board certifiesd surgeon with twenty five years experience. Apart from all the regulations and business fees that I pay to have an office, I am also required to pay for a Federal waiver of the Clinical Laboratory Improvement Act. You see, in order to use those little dipstick things that check your urine for blood, sugar and other abnormalities, I have to have a special exemption from the CLIA regulations. Never mind that I am not running a Clinical Laboratory and do not charge for doing these services...
There is a regulation, so I guess anybody that uses anything that looks like it may be "clinical" better look out for the Feds.
Turns out that I also have a microscope that I sometimes use to look at samples from my patients
(such as after a vasectomy) at no charge. I am not running a Laboratory , or taking in street trade checking bodily fluids for a fee. But lo and behold - I am in violation of CLIA. You see, a physician cannot use his microscope to personally examine a specimen ( which I have done literally thousands of times thru school, residency and practice ) without having a full CLIA certification equivilant to real clinical Laboratories that perform up to 33,000 tests per year.
So, rather than let me perform "Physician Performed Micrroscopy" as part of my CLIA waiver, I must now send my patients to the real lab and let them pay hundreds of dollars and we get a nice typed up report detailing whatever the technician saw in his microscope. That is regulatory progress. Pass the lemonade.
Posted February 24, 2012 at 8:32:44 PM
mac
Progressives hate the free market system that made this country.
They don't even stop to think that by killing it they will ultimately defund their precious entitlements.
This incredible oversight would be laughable if it wasn't for the fact that it's killing our country.
Posted February 25, 2012 at 8:11:31 AM
Anton D Rehling
A nation of do gooders and nanny politicians are Killing the Entrepreneurs that lay the Golden Eggs.
Posted February 25, 2012 at 1:10:15 PM
Bill Konopnicki
John
As a former AZ state legislator in 2003 I tried to get rid of about 100 state laws that had never been used. After public hearings the number was down to 47 and I still could not get them passed. These were statutes that had NEVER been used but the public out cry was enough to stop the bill in it tracks. So much for less government.
Bill Konopnicki
Posted February 27, 2012 at 3:13:47 AM