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post #121 of 183
12/10/10 at 1:14pm
Quote:
Originally Posted by -K8memphis

Her county does not approve her having a business the way she had first been told. They are ok with a few hobby cakes.

It's really hard for some people to understand that a few cakes for friends and family that you get paid for is not going to blow up the phones at the Pentagon or something. Swat teams are not surrounding the houses of those who bake thusly.

It is ok. It is ok with the officials. We can get paid for baking like this, a little baking. Not a business. One cake two cake three cakes is not a business.

Taking money for a cake does not institute a business in many locales.

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post #122 of 183
12/10/10 at 1:20pm
Quote:
Originally Posted by -K8memphis

It is ok. It is ok with the officials. We can get paid for baking like this, a little baking. Not a business. One cake two cake three cakes is not a business.


That's not how laws work...either someone is licensed as a business and can operate commercially (i.e. selling goods and services) or they aren't. If they're not licensed according to the rules of the state/county/municipality, they can't legally sell items commercially.

But while there is no gray area in the letter of the law, the spirit of the law and how each govt entity enforces the law varies widely. I have heard several cases where (for example) the county will let an unlicensed business slide as long as it stays small...but good luck getting that in writing.

If you live in one of those areas, I see nothing wrong in taking advantage of the situation, as long as you are aware that the rules can change at any time and are willing to either abandon your business or start on the road to legality if things change or you start attracting attention outside your circle of friends and family.
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post #123 of 183
12/10/10 at 1:23pm
Quote:
Originally Posted by jasonkraft

Quote:
Originally Posted by geri4292adams

What if you open a party planning service. All the sevices that you offer have a cake included. So technically, you're not selling your cakes, you're selling your party planning services. It just so happens to havea cake included in that package that the bride/customer wants. It's one way around it....right!


Correct, as long as the cake was made in a licensed and inspected facility (for example, if you bought the cake from a real bakery pre-decorated and brought it to the venue).

If you are still making/decorating the cake at home, and your state does not allow this, it's still illegal. In fact, it's worse if you try to get around it with clever tricks, because that shows that you knew what you were doing was wrong and you were trying to circumvent the law (could be interpreted as fraud).



I say this because I have a few of my cake buddies that from time to time make cakes for a lady that runs a party planning service. The customer calls her and tells her what they would like she then in turn goes to the bakers that she uses and asks them to give her a cake quote. When the quotes are given, she contacts the customer and she says what she can do about the cake and all that.

I am a WMI for hobby Lobby and have had a ton of people come in and ask me to make their cakes for them and even though I hate to turn them down I do. It sucks and I know that I could be making a pretty good living at it, but I myself don't want to get into trouble.
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Why does something that can be so troublesome, be so calming at the same time?!?!?!?!
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post #124 of 183
12/10/10 at 1:29pm
Quote:
Originally Posted by jasonkraft

Quote:
Originally Posted by -K8memphis

It is ok. It is ok with the officials. We can get paid for baking like this, a little baking. Not a business. One cake two cake three cakes is not a business.


That's not how laws work...either someone is licensed as a business and can operate commercially (i.e. selling goods and services) or they aren't. If they're not licensed according to the rules of the state/county/municipality, they can't legally sell items commercially.

But while there is no gray area in the letter of the law, the spirit of the law and how each govt entity enforces the law varies widely. I have heard several cases where (for example) the county will let an unlicensed business slide as long as it stays small...but good luck getting that in writing.

If you live in one of those areas, I see nothing wrong in taking advantage of the situation, as long as you are aware that the rules can change at any time and are willing to either abandon your business or start on the road to legality if things change or you start attracting attention outside your circle of friends and family.



When DoA left my home, the docmentation stated that I could continue to pursue baking as a hobby until I was ready to return to them with a license from my county.

When I went to a zoning meeting with my county and they declined my appeal request to let me have the bakery at home/on my property, documentation reflected that it was allowable to prusue as "hobby only".

I think at this point, you should watch that foot that keeps going in your mouth. Every situation is different. By now, this should be clear to you.
Yesterday is history, tomorrow is a mystery, but today is a gift. That is why it is called the present.
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Yesterday is history, tomorrow is a mystery, but today is a gift. That is why it is called the present.
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post #125 of 183
12/10/10 at 1:32pm
Quote:
Originally Posted by -K8memphis

Her county does not approve her having a business the way she had first been told. They are ok with a few hobby cakes.

It's really hard for some people to understand that a few cakes for friends and family that you get paid for is not going to blow up the phones at the Pentagon or something. Swat teams are not surrounding the houses of those who bake thusly.

It is ok. It is ok with the officials. We can get paid for baking like this, a little baking. Not a business. One cake two cake three cakes is not a business.

Taking money for a cake does not institute a business in many locales.




Thank you! somebody finally put it right! A few cakes here and there is not a business. Well said! thumbs_up.gif

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"You might forget the party, but you will not forget my cakes!"
www.divineIndulgencesDesignerCakes.com
www.Facebook.com/divineIndulgencesDesignerCakes

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post #126 of 183
12/10/10 at 1:36pm
Quote:
Originally Posted by torysgirl87

When DoA left my home, the docmentation stated that I could continue to pursue baking as a hobby until I was ready to return to them with a license from my county.

When I went to a zoning meeting with my county and they declined my appeal request to let me have the bakery at home/on my property, documentation reflected that it was allowable to prusue as "hobby only".


That's interesting, thanks for filling in the details...the story makes more sense now. I can see why you are being careful about your baking activities though, as there is a fine line between "hobby" and "business", and the DoA's definitions might not match up with what the IRS thinks.
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post #127 of 183
12/10/10 at 1:41pm
Quote:
Originally Posted by CakeDiva101

A few cakes here and there is not a business.


That's a dangerous statement...in some areas, accepting compensation for a single cake is enough to constitute a business and trigger local food safety licensing rules. It depends on how lenient your local authorities are in terms of enforcement (and of course if the govt finds out in the first place).
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Recent Articles: The Magic Pricing Formula • Copyright Law
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The Bakery Business Perspective
An experimental blog with new content every Tuesday!

Recent Articles: The Magic Pricing Formula • Copyright Law
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post #128 of 183
12/10/10 at 1:44pm
Quote:
Originally Posted by jasonkraft

Quote:
Originally Posted by -K8memphis

It is ok. It is ok with the officials. We can get paid for baking like this, a little baking. Not a business. One cake two cake three cakes is not a business.


That's not how laws work...either someone is licensed as a business and can operate commercially (i.e. selling goods and services) or they aren't. If they're not licensed according to the rules of the state/county/municipality, they can't legally sell items commercially.

But while there is no gray area in the letter of the law, the spirit of the law and how each govt entity enforces the law varies widely. I have heard several cases where (for example) the county will let an unlicensed business slide as long as it stays small...but good luck getting that in writing.

If you live in one of those areas, I see nothing wrong in taking advantage of the situation, as long as you are aware that the rules can change at any time and are willing to either abandon your business or start on the road to legality if things change or you start attracting attention outside your circle of friends and family.



Actually, there are tons of gray areas in the laws, that is why politicians can get by with out paying their taxes and still advice the President and write the tax code. And politicians can have homes in other countries that have income that they forget to report, and they can still walk as free men! Loopholes are INTENTIONAL, so the ruling class elite can get by with things we little people get locked up for! I say Praise be to God that this woman has found a loophole, and that she is using it,and I really wish that "people" would give it a freaking rest!
There are "those" on here that have joined in the last year that have commented 5 times more than others who have been on this site for years, and the BULK of their comments are argumentative know-it-all, legalistic blather about "illegal caking" and "proving" points until they run them into the ground, and people want to stab their own eyes out from reading his or her posts! Give it a rest!

I would rather make 1 cake for $150, than 3 for $50 each.

The person who works for nothing will always have plenty to do!

My sarcasm is good-humored. People generally really like me, in person ;-) 

Licensed, inspected, insured, home-based commercial...

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I would rather make 1 cake for $150, than 3 for $50 each.

The person who works for nothing will always have plenty to do!

My sarcasm is good-humored. People generally really like me, in person ;-) 

Licensed, inspected, insured, home-based commercial...

Reply
post #129 of 183
12/10/10 at 1:46pm
Quote:
Originally Posted by torysgirl87

It matches up fine.


I'm curious, what is the official legal definition of a "hobby" (as opposed to a business) from the GA DoA? Depending on how generous the definition is, this might be another way to get tacit approval for low-volume home bakeries in states that do not allow full-fledged businesses.
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Recent Articles: The Magic Pricing Formula • Copyright Law
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post #130 of 183
12/10/10 at 1:47pm
Quote:
Originally Posted by jasonkraft

Quote:
Originally Posted by CakeDiva101

A few cakes here and there is not a business.


That's a dangerous statement...in some areas, accepting compensation for a single cake is enough to constitute a business and trigger local food safety licensing rules. It depends on how lenient your local authorities are in terms of enforcement (and of course if the govt finds out in the first place).


Where? Please cite one place where accepting compensation for ONE SINGLE CAKE cake triggers local food safety licensing rules. Please include a link and a person's name and phone number.
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post #131 of 183
12/10/10 at 1:49pm
Quote:
Originally Posted by Annabakescakes

Actually, there are tons of gray areas in the laws, that is why politicians can get by with out paying their taxes and still advice the President and write the tax code. And politicians can have homes in other countries that have income that they forget to report, and they can still walk as free men!


Those are not gray areas, your examples are all violations of US law. As with this thread, the big issue is whether or not those violations are prosecuted.


Quote:
Quote:

people want to stab their own eyes out from reading his or her posts! Give it a rest!


No one's forcing you to read my posts, it's a free country. icon_wink.gif
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post #132 of 183
12/10/10 at 1:51pm
Quote:
Originally Posted by Annabakescakes

Quote:
Originally Posted by -K8memphis

Her county does not approve her having a business the way she had first been told. They are ok with a few hobby cakes.

It's really hard for some people to understand that a few cakes for friends and family that you get paid for is not going to blow up the phones at the Pentagon or something. Swat teams are not surrounding the houses of those who bake thusly.

It is ok. It is ok with the officials. We can get paid for baking like this, a little baking. Not a business. One cake two cake three cakes is not a business.

Taking money for a cake does not institute a business in many locales.



I totally "get" your frustration here! Thanks for wording it better than I could have! I just have to say "DITTO, for the love of all things HOLY, FREAKING DITTO!!"



Oh I'm so surprised--thanks!
 
 

 

 

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post #133 of 183
12/10/10 at 1:52pm
Quote:
Originally Posted by jasonkraft

Quote:
Originally Posted by torysgirl87

It matches up fine.


I'm curious, what is the official legal definition of a "hobby" (as opposed to a business) from the GA DoA? Depending on how generous the definition is, this might be another way to get tacit approval for low-volume home bakeries in states that do not allow full-fledged businesses.



I will not indulge your ignorance any longer. The State of Georgia does allow for home bakeries, 'full-fledged businesses', etc. You may contact the GA State Dept of Agriculture just as I did to become a more informed citizen.
Yesterday is history, tomorrow is a mystery, but today is a gift. That is why it is called the present.
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Yesterday is history, tomorrow is a mystery, but today is a gift. That is why it is called the present.
Reply
post #134 of 183
12/10/10 at 1:53pm
Quote:
Originally Posted by kelleym

Quote:
Originally Posted by jasonkraft

Quote:
Originally Posted by CakeDiva101

A few cakes here and there is not a business.


That's a dangerous statement...in some areas, accepting compensation for a single cake is enough to constitute a business and trigger local food safety licensing rules. It depends on how lenient your local authorities are in terms of enforcement (and of course if the govt finds out in the first place).


Where? Please cite one place where accepting compensation for ONE SINGLE CAKE cake triggers local food safety licensing rules. Please include a link and a person's name and phone number.


In my county (Santa Clara, CA) I asked the dept of env. health if I could sell cakes from home. They said that if I wanted to sell anything (even for cost) I would need an inspected kitchen.

http://www.sccgov.org/portal/site/deh
(40icon_cool.gif 918-3400

You're completely missing my other main point, which is that this rule is not enforced in some areas, and in many cases the govt wouldn't even know you were selling. Obviously if your friend gives you $20 for a cake once a year the county will not send a SWAT team after you, but according to the letter of the law in many areas that is a commercial transaction. Knowledge of the law is never a bad thing, it helps you make informed decisions and judge risk.
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post #135 of 183
12/10/10 at 1:58pm
Quote:
Originally Posted by torysgirl87

Quote:
Originally Posted by jasonkraft

Quote:
Originally Posted by torysgirl87

It matches up fine.


I'm curious, what is the official legal definition of a "hobby" (as opposed to a business) from the GA DoA? Depending on how generous the definition is, this might be another way to get tacit approval for low-volume home bakeries in states that do not allow full-fledged businesses.



The State of Georgia does allow for home bakeries, 'full-fledged businesses', etc. You may contact the GA State Dept of Agriculture just as I did to become a more informed citizen.


I wasn't specifically referring to GA...in CA the state does not allow commercial home bakeries, so this loophole could potentially be applied there. The official definition of "hobby" from the GA DoA would be useful...unless you don't actually have an official definition from the state?
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Recent Articles: The Magic Pricing Formula • Copyright Law
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