I know some might find this question a bit silly, but your answers have bigger implications for more realistic businesses, so please answer seriously.
they are legal by virtue if the fact that they are not illegal....there are no regulations pertaining to them. However, there are many liability concerns as outlined below. Liability insurance for this type of business will be problematic.
If they are legal, it would certainly be allowed to deny service. For example, unhygienic people or people with sores on their lips. But EVEN IF LEGAL the liability would be prohibitive - all you need is someone to say they got a cold or herpes from your booth and to sue you. I doubt anyone would insure you against this, so the legal implications for lawsuits would probably make it prohibitive even if it is legal (and I don't know that it is).
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
This is the year 2016, not 1816. The liability issues with diseases and other issues would be cost prohibitive. If you have a serious business question, you should ask it. If you are too embarrass to ask it in this forum, set up an appointment with an attorney for an in person consultation. Good luck.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline