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unlicensed newbie ? about accepting $ from friends for cakes - Page 4  

post #46 of 58
Quote:
Originally Posted by _Jamie_

I'm pretty sure your quoted area would make more sense if you had not chopped on it. Try reading it like this:

"I have seen posts where the OP says...." Then insert what you quoted.



I tried for ya Mike! Guess it got overlooked... icon_rolleyes.gif
post #47 of 58
Quote:
Originally Posted by Mike1394



In Michigan the fine MAX is 89 days, and 500. Everyone can sit here, and say well it's only one cake, and it's ok. That advice is irresponsible.
NO, 99% of the time you sell the occasional cake to someone no your not going to get caught.
No matter how you slice it, it's illegal in MOST places. Yes, that means even one cake to a friend. I've seen posted about. Well, MY HD says if I don't advertise, it's ok. That's BS, alls that is, is not enough manpower to enforce the laws. That's like driving in Det. your not really guilty until your on your 5-6 driving suspension.

Mike



I highlighted the part where I thought you said that and we discussed it earlier in the thread. Sorry if I misconstrued but what did you mean?

Oh oh oh did you mean hypothetically??? Like if a caker says that then you think it's till BS?

However in the spirit of free debate your analogy doesn't work. If you've gotten 5 suspensions on your driving record --you've been observed doing somthing illegal, ticketed, and found guilty and sentenced to suspended license--not supposed to drive--over and over.

If the Health Department says it's ok then nobody's gonna try & catch you doing something wrong if the authority says it's not wrong.

I understand your ultimate point that is that it's always wrong to sell any cake if your'e not a licensed bake shop. But that particular analogy doesn't fly.
my cookies are prettier than your cookies because this is the second time i substituted my opalescent sanding sugar when i ran out of sugar to make the batch ha!

 

my cookies are prettier than your cookies because this is the second time i substituted my opalescent sanding sugar when i ran out of sugar to make the batch ha!

 

post #48 of 58
Quote:
Originally Posted by _Jamie_

Quote:
Originally Posted by _Jamie_

I'm pretty sure your quoted area would make more sense if you had not chopped on it. Try reading it like this:

"I have seen posts where the OP says...." Then insert what you quoted.



I tried for ya Mike! Guess it got overlooked... icon_rolleyes.gif



Ohhhh, is that what you meant???
I din know what that referred to until now.
And you meant Mike's apparently hypothetical assertion???
That Mike's point is: even if the Health Department says its ok it's not ok?
my cookies are prettier than your cookies because this is the second time i substituted my opalescent sanding sugar when i ran out of sugar to make the batch ha!

 

my cookies are prettier than your cookies because this is the second time i substituted my opalescent sanding sugar when i ran out of sugar to make the batch ha!

 

post #49 of 58
Quote:
Originally Posted by CeeTee



What is Legal:
You can get a permit, open a bakery, and sell any kind of cake so long as it is your original design that does not resemble anything else ever made by any other legal bakery in existence. You can do a copyrighted cake only if you purchase the appropriate licenced cake deco kits from a licenced wholesaler.



From my understanding, I didn't think anyone could hold a copyright on a cake design. So while people may see it as rude or uncreative to copy the design of a cake from a bakery across town I don't know that there are any laws against it.

And why would it matter if a cake design was made by a legal bakery or not? Does that mean that a cake I do for my nephew for free is free gain to be copied, but a cake a bakery does is against the law for me to do?


I really do understand K8's point of view. I do think that if people are going to do cakes as a business they need to take measures to do it legally. But there are some people, like me, that has no desire to do this as a job. I cant realistically see spending the time hunting up a kitchen to bake in, cart my supplies over, and bake/decorate the cupcakes my SIL asked me to make for her AG kids or the cake my mom paid me to make for my dad. By the time I paid the kitchen rent I might as well just have paid them to take the cupcakes/cakes.

I do think there are some gray areas. Maybe one HD is very strict and fines people out the butt, and maybe there are other HDs that dont really mind as long as you stay under a certain number or will let you go with a simple dont do it again. If my HD comes up to me and fines me, then they do, and I will deal with it. But chances are that my mom or SIL is going to turn me in is very slim.

I feel more strongly about not doing character cakes than I do about baking me few cake I year I get paid for. I know that is a contradiction. A law should be a law should be a law. But again, to me gray areas.

I totally understand also, how those that did do the hard work and got their bakery set up can feel on the subject. I get that it is very frustrating to you when someone else in the area is doing things illegally or under the radar. And maybe if I was in your situation Id feel the same way, I dont know, and will never know. Because while I enjoy doing cakes I do not enjoy doing wedding cakes, do not want to bake cakes for the mass public and do not want to do cakes every day to pay the bills.

So where does that leave someone like me? And yes I know the answer would be, do cakes for free, but frankly I cant afford that. I also dont see why I should take a hit financially, when I know those asking for the cakes can afford to pay me for them.

So I either never do any cakes because I cant afford to give up my time and supplies or I sell a cake here and there to family and friends that want it and appreciate it. Ive made a decision I can live and sleep with.

To the original poster, there are as mentioned some hot button topics. This apparently is the major one now, because every time someone posts about doing a cake we (yes I have too) have chimed in about knowing the rules in their area.

We all need to be aware of the rules in our area but we need to remember that not everyone is going to quit their day job and sell cakes out of their home or even start a second job doing cakes out of their home. I do worry that we are going to start scaring people off with the legal/illegal debate every time a question comes up. This board is about sharing and helping each other, in a friendly manner.

This is my opinion. I have the right to it as you have the right to yours. You dont have to agree with mine and I dont have to agree with yours.
My Weight Loss Support Group is The Chunky Monkeys!
My Weight Loss Support Group is The Chunky Monkeys!
post #50 of 58
If you are unlicensed; in Texas you can do cakes for family and friends ONLY for a fee. If you do a cake for a friend of a friend, advertise, or do one for a complete stranger THEN you are breaking the law. Your mom, dad, sister, cousin, brother, in-laws and bff are fine to sell to or be reimbursed for ingredient costs. Just don't do it outside your "circle". I have no idea about any other State's do's & don't but it is always better to err on the side of caution. If your state requires you to be licensed to except money at all for your cakes, then I would NOT do it.

Although when you think about it, it is pretty silly, I mean if I give someone a cake for free whether I know them or not, that doesn't change the health issue that is related to all the hulabaloo anyway. And me as a licensed cake person certainly cannot compete with a free cake being offered to someone from an unlicensed baker. Just a very stupid rule in any State if you ask me. At least if there is a license fee required for a home baker and they are charging for their products I can compete. Free great cakes from a terrific hobbiest caker NO one can win except the recipient of the cake icon_smile.gif
post #51 of 58
Quote:
Originally Posted by K8memphis-

Quote:
Originally Posted by _Jamie_

Quote:
Originally Posted by _Jamie_

I'm pretty sure your quoted area would make more sense if you had not chopped on it. Try reading it like this:

"I have seen posts where the OP says...." Then insert what you quoted.



I tried for ya Mike! Guess it got overlooked... icon_rolleyes.gif



Ohhhh, is that what you meant???
I din know what that referred to until now.
And you meant Mike's apparently hypothetical assertion???
That Mike's point is: even if the Health Department says its ok it's not ok?



Wait a second...what about not jumping to...ah never mind.

Mike is just having an opinion. Let him have it.
Whisking you into submission.
Whisking you into submission.
post #52 of 58
One thing that cracks me up about this place is that everyone gets so upset...who cares what people do among friends? If I want to sell my house to a friend for a dollar...or a dozen cookies for $568.52 it doesn't matter. Its not a business if its among friends.
post #53 of 58
Um, I don't have a problem...I'm just joining the conversation.
Whisking you into submission.
Whisking you into submission.
post #54 of 58
Play nice children...or Heath's poppin in icon_wink.gif (again)
post #55 of 58
Quote:
Originally Posted by Kellbella

Play nice children...or Heath's poppin in icon_wink.gif (again)



Good I welcome his oversight.

I'm fine to play nice.

But I'm not letting any more ad hominem attacks pass by without standing up for myself.
my cookies are prettier than your cookies because this is the second time i substituted my opalescent sanding sugar when i ran out of sugar to make the batch ha!

 

my cookies are prettier than your cookies because this is the second time i substituted my opalescent sanding sugar when i ran out of sugar to make the batch ha!

 

post #56 of 58
icon_surprised.gificon_surprised.gif oh no.......................... i need more popcorn.


Bluehue icon_lol.gificon_lol.gif
post #57 of 58
Quote:
Originally Posted by Bluehue

icon_surprised.gificon_surprised.gif oh no.......................... i need more popcorn.


Bluehue icon_lol.gificon_lol.gif



Hand some over to me too! icon_lol.gificon_lol.gificon_lol.gificon_lol.gif
post #58 of 58
Thanks everyone for your opinions! This thread is now closed. Happy Holidays!
Whatever you do, do with all your heart!
Whatever you do, do with all your heart!
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