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So frustrated.....i just hope the bride misunderstood... - Page 2

post #16 of 70
SCP... I wasn't impling that retaining a proper license is a "silly rule." Not sure why you took it that way.... I am stating from the baker's point of view, that in these specific cases, the rule is a bit ridiculous. (In my personal opinion) If we are licensed by the county in which we perform these services, it shouldn't matter where we deliver to. I do understand that "laws are laws", but there are some laws that don't make much sense, and are unfair - not only to the vendors, but for the clients as well.

Pebbles - Best of luck to you... I hope you get the answers you need, and the Bride isn't stuck without a cake!!
post #17 of 70
I've personally never heard of this, but you never know what laws cities and counties are changing to generate revenue in this economy. i'd just call the city in question and ask them direct. Forget the venue, they could be blowing BS just to get the bride to use their vendors, or maybe the person at the venue just has it wrong.
post #18 of 70
Hi Pebbles, I was really replying in general. In your post you mentioned other bakers crossing lines. I was just making a general statement. Sometimes after I read all the posts, I answer the question based on all of the posts.

For example, in one county where I do business, I have to purchase a state license, but that county has a city that requires a city license in addition to the regular business license. Every person doing business in the city limits must obtain a $30.00 license, but because the city has B&O taxes, a small percentage of this sale must be paid to the city. Many businesses in these cities try to locate just outside the city limits. Because we deliver, delivering within these limits requires a license.

When you are licensed by a particular health dept, you comply with their laws. But it doesn't give you carte blanche to go anywhere you want. When you deliver to another county or state, you are doing business in that county. Their HD has a right to approve or disapprove any food sale in their jurisdiction. In my three counties, the codes are all similar and close to FDA regulations, so because of this, other HD's have not inspected my bakery and probably never will. But they will stop people from coming into the county that do not meet these high standards.

I think because I worked so long with businesses of all types in my marketing company, I am more aware of licensing. These businesses were in the different counties, states and cities. B&O is a big headache in that one city.

If you get a contractors' license, it is a state license. You can work in the entire state and in every county. If you cross state lines, you have to comply with their licensing laws. I have a WV contractor's license. But I also worked in VA. The first thing I did was call VA to get the right information. VA accepted the WV license as long as I was working under a VA licensed contractor. Since I was a sub, it worked. But I had to submit my license, WC policy and my liability policy while I was working in that state. I also had a max amount of money I could accept per job without getting the VA license. But in food service, you are granted only a local license by your county, not the state. Notice how chain pizza delivery doesn't usually cross county or state lines?

The FDA comes in if you do not fall into the Fair Trade Between States Act. Let's say you have a county license in your state. And you have also complied with your neighboring HD's and do business there too. Now you want to ship across state lines. It is just like DOT rules or anything that crosses state lines. There must be a standard that every municipality can accept. The FDA, with strict requirements, is accepted by all HD's in the US. I am always rebutted on this but think about it. You would need federal guidelines for food safety just like my husband must comply with federal guidelines for DOT physicals. He is subject to FDA inspections and his office must meet all federal guidelines to do these exams. That federal DOT driver's license is acceptable in all states. You only need a state commercial license to stay witin the state.

Cities have always had trouble with county based businesses doing business within the city limits. This would include plumbers, people who mow lawns, caterers, mobile auto dent removal companies, etc. They can get away with not paying. In areas with the extra license or B&O, businesses do everything they can to be outside the line. And there are lines. There are lines between counties and a line inside counties that designate city limits. If you don't know them, police, post offices and the city itself can show you the lines.

Pebbles, I doubt this is a new law. My guess is that the license was needed all along and the city is enforcing it by requiring the license from the venue. And it may be a case where the city does have B&O tax, or they are just trying to collect their $30.00 a year from the businesses doing business within their limits.

As for these laws making sense or seeming rediculous, they have been there all along and are a source of revenue for the city or county. These licenses are also trackers for sales tax and state income tax.

If you call an HD in a neighboring county or just over the state line, if the codes are close, chances are they will waive any inspections. But if you are in a state with CFL neighboring a state with strict codes, they may not want you to do business in their state. Again, I fall within the FTBS Act, but I still had to comply with all MD codes which are higher than WV. The buildout was the same, but labeling and some storage issues were different. FTBS Act only allows you to do business just over a state line without having to go through a full FDA licensed kitchen.

I hope this helps. You just need to know the law for every district where you do business, no matter what business you are in. You either have a city, county, state or federal license. That denotes your boundary. For example, I have a bride who wants a delivery 60 miles outside the county where I do business in MD. Before I take this job, I will call the county HD and ask permission to do business there. I'm sure they will ok it if I have proper licensing and the tax account. The county clerk in charge of licenses at the city hall will probably ok the transaction because again, I have a MD sales tax license and it is probably a one time deal. But I'm not going up there without checking.
post #19 of 70
This is interesting. OP, I would just call the county or city in which the venue is located for clarification. I know where I live, the license is issued based on the situs of the business. For example, my husband conducted 99% of his business outside of our county, but his business license was for the county in which we live. I would just call to be sure. It's probably not that big of a deal.
post #20 of 70
Thread Starter 
Well, still cannot get the venue to call me back. Called the city and they told me that if I deliver I have to have a license. License is $105.00. I don't know what to do. The cake is only $200.00. I cannot chalk this up to learning experience and cover it. Do I terminate the contract and return bride's deposit?
post #21 of 70
See if the bride or family can pick it up.
A balanced diet is chocolate in both hands!
Glenda
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A balanced diet is chocolate in both hands!
Glenda
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post #22 of 70
Thread Starter 
Got an email from the bride just now, she is really freaked out, only one of her vendors has that city's license, the other vendors do not. All vendors worked that venue in the past, one of them did so last week, city license was never required......
post #23 of 70
Tell the bride to raise all holy hell with the venue since this was not something that was required when she booked.
Tact is telling someone where to go so nicely they can't wait to take the trip!
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Tact is telling someone where to go so nicely they can't wait to take the trip!
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post #24 of 70
If you/she/other suppliers cant get them to reconisder for this time...

Since it is such a short notice (and so not what you want before your big day!!) the bride may be prepared to pay your license? (possibly refund a bit of it to her in the future if you do more cakes for the venue/city that you would have needed the license for)

Or as tiggy said ideally they will collect it.
Is it the kind of cake you can stack and finish before delivery? If not maybe make some suggestions for a redesign.
post #25 of 70
Thread Starter 
Quote:
Quote:

Is it the kind of cake you can stack and finish before delivery?



All my cakes are fully assembled. All I do is take it out of the box and set it on the plateau. In and out in 10-15 minutes and that's with taking pics. That's why it does not make any sense. The rental company is dropping off their stuff and they are not required to have city license. They'll be on site for longer while unloading and loading than I ever be.
post #26 of 70
Quote:
Originally Posted by Pebbles1727

Quote:
Quote:

Is it the kind of cake you can stack and finish before delivery?



All my cakes are fully assembled. All I do is take it out of the box and set it on the plateau. In and out in 10-15 minutes and that's with taking pics. That's why it does not make any sense. The rental company is dropping off their stuff and they are not required to have city license. They'll be on site for longer while unloading and loading than I ever be.



if this is really only a requirement that came for YOU...then I would be leery about this bride. Sounds like she's had buyers remorse and knew she couldn't get out of your contract with a simple "I found someone cheaper". icon_wink.gif
It's not "just" cake...it's my life!
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It's not "just" cake...it's my life!
WI State Representative for Icing Smiles...start 'Baking a Difference" today!
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post #27 of 70
Thread Starter 
Quote:
Quote:

if this is really only a requirement that came for YOU...then I would be leery about this bride. Sounds like she's had buyers remorse and knew she couldn't get out of your contract with a simple "I found someone cheaper".



No, it's for all her vendors. I know her florist and dj. That is why she is freaking out
post #28 of 70
I'd keep trying to get a hold of the venue (I'm sure you're doing that) to see what's happening. They certainly can't allow some vendors to operate without the license and require that others have it. The only exception I can see would be maybe because you deal with food?

I'd also advise bride to go over every.square.inch of her contract with the venue in case the requirement is actually in there and she just didn't realize it until they reminded her. If it is in there then it's really the bride's fault for not being more careful when choosing her vendors.

If it's not in there then (and this is in no way meant to be sexist!) I would have either the groom or FOB or FOG start calling to raise a ruckus. Chances are they will be more willing to help them than the hyserical bride.

As far as ponying up the $$ for the license...if this is a place you think you will deliver to in the future it would probably be worth it.
Tact is telling someone where to go so nicely they can't wait to take the trip!
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Tact is telling someone where to go so nicely they can't wait to take the trip!
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post #29 of 70
Thread Starter 
Quote:
Quote:

As far as ponying up the $$ for the license...if this is a place you think you will deliver to in the future it would probably be worth it.



I'm thinking about it. The license is over $100 and it is annual. I don't have any weddings there in 2012 other than this one, so that part is not beneficial. However, if they have a preferred vendor list and the license will allow me to get on it, especially if there is only one other caker on it, I'll call it a cheap advertisement cost, LOL
post #30 of 70
Quote:
Originally Posted by cakesbycathy

Tell the bride to raise all holy hell with the venue since this was not something that was required when she booked.



I agree.. if her signed contract with them does not state this rule... then they can't do anything at this point.
Erica C.

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Erica C.

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