Pennsylvania § 306 Businesses operated by minors

Pennsylvania Statutes

§ 306 — Businesses operated by minors

Pennsylvania § 306

Title 53MUNICIPALITIES GENERALLY

PartPART I

Ch. 3PREEMPTIONS

This text of Pennsylvania § 306 (Businesses operated by minors) is published on Counsel Stack Legal Research, covering Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

53 Pa. Cons. Stat. § 306 (2026).

Text

(a)Restrictions on business licenses and permits.--Notwithstanding any other provision of law:

(1)a municipality or an agency of a municipality may not require a business 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 business license from the municipality or an agency of the municipality to prevent the minor's business from 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 enact

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(a) Restrictions on business licenses and permits.--Notwithstanding any other provision of law:

(1) a municipality or an agency of a municipality may not require a business 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 business license from the municipality or an agency of the municipality to prevent the minor's business from 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 business 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 $5,000 in net proceeds per year from the enterprise unless the enterprise is created for a charitable purpose.

(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).

"Business 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. 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.