(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. CHAPTER 5 PROHIBITION OPTIONS Sec. 501. Definitions. 502. Municipal option for gaming.
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