Section 29-11.3-102 - Restrictions on licenses or permits - businesses operated by a minor - legislative declaration(1) The general assembly hereby finds and declares that:(a) In the absence of common sense relief, laws imposed and administered at the local level requiring businesses to obtain permits or licenses to operate, with the distinct possibility of criminal or civil penalties for noncompliance, may be used to ensnare minors wanting to operate small-scale businesses on a very limited basis; and(b) These laws impose inordinate and heavy-handed regulatory burdens on minor entrepreneurs who are not seeking to compete with fully established commercial entities operated by adults, frustrate and thwart entrepreneurial activity minors have undertaken from the founding of the republic as a means to learn about business and economic principles and to make money, and divert law enforcement resources of local governments from investigating and prosecuting more serious criminal or civil matters.(2) By enacting this article 11.3, the general assembly intends to provide a uniform ban on the imposition and administration of such licensing and permitting laws across the state, avoid the inconsistent application of licensing and permitting laws depending upon the political subdivision in which a minor's business is being operated, and give every minor entrepreneur across the state an even playing field within which to gain practical experience in business and economic matters and an opportunity to make money by operating a business on a limited basis that does not intend to compete with permanent, ongoing commercial entities operated by adults. Toward this end, the general assembly further declares that the matters discussed in this section are matters of statewide concern. Notwithstanding the enactment of this article 11.3 and the protections it affords minor entrepreneurs, the general assembly encourages minor entrepreneurs to understand that, in order to successfully compete as adults in the business world, they will need to fully comply with the existing regulatory and legal environment.(3) Notwithstanding any other provision of law, a local government or any agency of a local government shall not require a license or permit for a business that is:(a) Operated on an occasional basis by a minor; and(b) Located a sufficient distance from a commercial entity, determined by the local government, that is required to obtain a permit or license from the local government or an agency of the local government to prevent the minor's business from becoming a direct economic competitor of the commercial entity.(4) Nothing in this article 11.3 prohibits a local government from enacting and enforcing local laws under the local government's general police power in regard to the manner in which a business may be conducted by a minor with the exception of a requirement that the minor obtain a permit or license prior to engaging in the business.Added by 2019 Ch. 70,§ 1, eff. 4/1/2019.L. 2019: Entire article added, (SB 19-103), ch. 253, p. 253, § 1, effective April 1.