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How legal should I be? - Page 2  

post #16 of 128
Quote:
Originally Posted by brensmom12

Comparing making a cake for sale vs growing pot is just ridiculous.

yeah, that's pretty much the response that usually gets typed in when the person doesn't have a legit argument.

baking and selling cake out of an unlicensed kitchen - illegal.
growing and selling pot - illegal.
speeding down the highway - illegal
shoplifting a dozen eggs ("but I'm just trying to save a little money!") - illegal.
re-creating a Disney character and selling it without permission from disney - illegal ("oh but I only sold one so they won't come after ME!" ----- yeah, go on believin' that. icon_eek.gif )
downloading music w/o following the licensing laws - illegal

Please let me know where I can find the documentation that says I can pick and choose which laws I'm allowed to violate.

Being a little bit legal is about the same as being a little bit pregnant. No such thing.
post #17 of 128
Everyone needs to take a deep cleansing breath and stop the hostility. I guess to answer the OP question you should ask your state health dept. What you can do and then what you should do to be legal before taking any advice from anyone else. If your state does not have a cottage law then it is a mute point and all this conversation has been is people getting up in arms for no reason. Happy caking to allicon_smile.gif
post #18 of 128
Quote:
Originally Posted by brensmom12

If your state does not have a cottage law then it is a mute point


It is most definitely not a moot point. OP asked whether or not to accept money for cakes, and if there is no cottage food law in their state it is important for them to know what the consequences are for selling cakes without being inspected and licensed.
post #19 of 128
Quote:
Originally Posted by indydebi

Quote:
Originally Posted by brensmom12

Comparing making a cake for sale vs growing pot is just ridiculous.

yeah, that's pretty much the response that usually gets typed in when the person doesn't have a legit argument.

baking and selling cake out of an unlicensed kitchen - illegal.
growing and selling pot - illegal.
speeding down the highway - illegal
shoplifting a dozen eggs ("but I'm just trying to save a little money!") - illegal.
re-creating a Disney character and selling it without permission from disney - illegal ("oh but I only sold one so they won't come after ME!" ----- yeah, go on believin' that. icon_eek.gif )
downloading music w/o following the licensing laws - illegal

Please let me know where I can find the documentation that says I can pic

and choose which laws I'm allowed to violate.

Being a little bit legal is about the same as being a little bit pregnant. No such thing.



Not that I need to defend my self but my kitchen is legal. Just because I don't have a business license doesn't make it illegal. You don't need to be so nasty. Why don't you take your criticism and redirect it in a positive way. Too much negativity on this post.
post #20 of 128
I never accused you of running an illegal kitchen. I was addressing potential problems by your statements of not keeping records, not collecting sales tax (which varies by state). Having a legal kitchen is a great asset but it doesnt' justify any and all other illegal activity.

If you've taken the step to have a legal kitchen, then obviously you want to do it right. Just don't try to justify illegal activities with the "just trying to make a little money" argument. It won't hold up in court.
post #21 of 128
I agree that there is too much negativity on this post. I am a hobby baker that would like to do more. Almost everyone I know contacts me and wants to pay me as appropriate (which some people don't). I can't accept this from them due to the wonderful laws that surround cake decorating.

I see where IndyDeb is coming from on saying illegal is illegal but I do think comparing it to Pot is a bit rediculous. Marijuana is illegal period. Cakes are not illegal, so hence the rediculous comparison. Everyone on this post probably speeds every now and then even though it's illegal and some of you may have even been caught doing it. So that may be a "fair" comparison.

The bottom line is that the government is too BIG. They regulate too much. It was hobby bakers making pies and things when towns were established in this country and they are the ones who built the business world. Along with teachers, carpenters, mechanics. NONE of which had means for licenses and certifications. THEY built this country and now we all have to abide by laws. It is a hard pill to swallow that you do something that is making people happy, it's a cake not a drug and you can't do it without gicing the government a piece of a very small pie. It upsets me and I know it upsets other people.

I joined CC so that I could gain inspiration and knowledge from other bakers and right now, all I can see is the negativity and how down some people are on each other. Makes me rethink CC and cake decorating all together.
post #22 of 128
Quote:
Originally Posted by indydebi

Being a little bit legal is about the same as being a little bit pregnant. No such thing.



I LOLd
post #23 of 128
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post #24 of 128
Dear jasonkraft ....Let me see, Have you ever driven over the speed limit and not got caught? Had road range and call someone names, (if you were standing in front of them you could be arrested in some states for aggravated assult)? Have you ever had a scratch off ticket and won money and not turned it in? Have you ever paid the a neighborhood mechanic because he was cheeper? Hmm the list goes on and on, and I believe that every state has a limit to earn less than x amount of dolloars a year and you don't have to claim it! So if your doing automobiles to cakes there is no difference, it just seems that no one is perfect and it is a choice on what you choose to do driving, caking, babysitting, being a mechanic..and as far as the goverment, that is why we are having this conversation! It is because we as the people have trusted our govement officals to do what is right for the people... and for many years they have not done what was right for the people and has done what is right for the govemnet and their pockets and the hell with the rest of us including you!

So little time, so many ideas
 

So little time, so many ideas
 

post #25 of 128
I'm not sure why people think there's so much "negativity" in this thread...it's an open and honest discussion about the pros and cons of conducting business according to your local/state/federal laws. Yes, some of the responses here (including mine) have been rather direct, but sugar-coating the consequences doesn't help anyone, this is a very serious issue.
post #26 of 128
several posts are NOT being negative. they are being INFORMATIVE. this isn't a witch hunt; it's trying to keep everyone safe. just because you don't like what you hear doesn't mean it's negative. where some see shades of gray, others see black and white. personally, i'd rather be on the side of "i told ya so"...
post #27 of 128
Quote:
Originally Posted by Mb20fan

ImageImageImage



Yep!

BTW, where did you get the awesome emoticon?
post #28 of 128
Quote:
Originally Posted by Crazboutcakes

Have you ever driven over the speed limit and not got caught?


Yes. What does that have to do with this discussion?

Quote:
Quote:

Have you ever paid the a neighborhood mechanic because he was cheeper?


Yes, I have a neighborhood mechanic that I trust (and is much cheaper than the dealership), but you'd better believe he is licensed and insured.

Quote:
Quote:

I believe that every state has a limit to earn less than x amount of dolloars a year and you don't have to claim it!


What's your source on that?

Quote:
Quote:

It is because we as the people have trusted our govement officals to do what is right for the people... and for many years they have not done what was right for the people and has done what is right for the govemnet and their pockets and the hell with the rest of us including you!


The behavior of government officials has no bearing on whether or not you are required to follow the law. Pointing to someone else's guilt is not a valid defense for your own transgressions.
post #29 of 128
The bottom line is it IS illegal. Yes you can speed - it's completely your choice. But if and WHEN you DO get caught, you have to pay the consequences.

While there are those decorators that may choose to fly under the radar and may go years without being caught, it's up to you if you really want to take that risk. I've heard of the fine being around $4000 where I am. Personally, it's a risk I don't feel comfortable taking. I've paid out plenty in "stupid tax" over the years, but never one that costly.

Yes, there are decorators who go forward and do it anyway, saying "everyone else does". (Well obviously not, as there are some other like me who don't feel the risk is worth it). I've only had one speeding ticket. I was truly going with the flow on the highway (even had the cruise control on) and was about 7 mph over the limit. I got pulled over - when I asked how I could be stopped when everyone else around me was going at least that speed, the cop said he could only catch one fish at a time.

I don't care to be that fish on something that could cost my family thousands of dollars. While I don't agree with the laws, they are just that, the law and I choose to abide by them.

You asked how legal you should be. If you want to cover your bases with the IRS, Health Department, and protection from any lawsuits - be fully legal. If you like to gamble, do whatever you want. In the end, it truly is your choice...just be prepared for any consequences that can come your way. Good luck in whatever you decide to do!
post #30 of 128
I think it is much better to be legal just if for no other reason than to protect thine own butt!! I live in an extremely rural area and we had a huge lesson around here about a year ago when one of the ladies that made cakes decided to turn everyone else that was making them to get rid of any competition. No one the area was licensed or legal in any way. All of them just made cakes from home all of them were shut down and I know went through alot of crap including audited by the irs. And so was the lady that caused it all and she was investigated to. Just some things worth thinking about. Everyone went by the don't tell don't ask policy. Needles to say I am legal. I came in after all this happened.
As for butter versus margarine, I trust cows more than chemists. ~Joan Gussow
As for butter versus margarine, I trust cows more than chemists. ~Joan Gussow
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