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So frustrated.....i just hope the bride misunderstood... - Page 3

post #31 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!

I'd be PISSED if I was the bride. What right do they have one month before her wedding to tell her this!? If I were the bride, I'd be getting a lawyer or contacting the newspaper to do an article on it, so other bride's are aware!
post #32 of 70
Devil's Advocate - giving the venue the benefit of the doubt, maybe they didn't push the issue in the past, but maybe they very-recently got busted by the their city for not requiring their vendors have a license. I'm sure there are consequences for them allowing non-licensed vendors, just as there are consequences for you for doing business in an area that requires you to be licensed. it's not up to us to pick and choose what laws we follow, you shouldn't expect the venue to do the same and make exceptions because you don't like them. You know what I mean?

Bottom line - If it's a city/county requirement that you pay a fee for doing business in their area, it's not the venue's fault for following it.

As a business person, I wouldn't be mad at anyone but myself. As harsh as this may sound, it's nobody else's responsibility but yours to make sure your business is legal and has all the appropriate permits, licenses, insurance etc. It ain't the venue's responsibility. Sure, I'd be irritated, I may even be pissed because obviously I wouldn't be the only one looking like a dope right now, but I'd put on my professional "I Got This Covered, Bride, And You Have Nothing To Worry About" face.

You quite possibly are in in breech of your own contract by not being licensed in that area. My contract is pretty extensive, but "not being licensed and not having the money to pay for it" or "I don't want to pay for the license because I don't see the monetary benefit" aren't cancellation exceptions. Earthquake? Yes. Zombie Apocalypse? Yes. Don't want to get the license for the area in order to fulfill said contract? No.

So think about how the bride, in a hyper-sensative over-emotional state- is probably perceiving YOU (everyone) right now - I can only put myself in her place - but honestly I'd be thinking that all the businesses I contracted with that don't have licenses to do business where my wedding is are complete idiots, and anyone that isn't doing whatever they need to do to be legal this late in the game would not only never get my business again, but I'd never refer business to them ever and quite possibly blame them for ruining my wedding. I'd be thinking, you are the professionals that do this all the time, how could you not know? And if a vendor asked me, the bride, to pay the fee, I'd go from freaking out to nuclear. I'd probably call you very colorful names and tell you to go fornicate with yourself, followed by telling you that I expect a cake to be delivered per our contract otherwise I'll sue the poo-poo out of you.

Sounds harsh - but this isn't a normal person you are dealing with, you are dealing with a bride. icon_biggrin.gif

So, if I were you, I'd find the money and pay the fee ASAP with a smile, then start advertising "Licensed to do business in XXX!" to compensate for it.

Good luck!
post #33 of 70
I wedding vendor friend of mine had this happen to them. The reason for this was some of the wedding vendors in a neighboring city got tired of brides hiring vendors from other areas and taking away what they thought should be their business. So they pushed for this law to be enforced. I'm sure these vendors have higher overhead being as many of them were storefront business, so they charged higher prices for their goods than vendors in the surrounding area. Therefore more customers were going to vendors that prices were less.

Now as far as the health code, I'm not sure. But this is my opinion. Since the State of Alabama issued me a permit then it's good for the entire state, seeing as how the codes apply statewide, regardless of enforcement. As far as the taxes, yeah I get that but since that cake was manufactured in my license, inspected and permitted shop and I'm paying sales taxes in the county it was manufactured then why are taxes due where it is delivered? Let's say you buy a dress in New York but you live in Maryland you don't have to pay taxes on it again when you get it home.

If the venue did not make the bride aware of this at the time of booking them they are at fault. If this is a rule that has just been implemented or they have starting enforcing then she should be "grandfathered in." Meaning she was on the books before hand so it shouldn't affect her event. Just my opinion.

As far as having a business license for every county or city I delivery too is insane in my opinion. I deliver to many cities and counties and if I have to have business license in all of them I'll have to add more walls to my shop.
If you can't find time it do it right..how will you find time to do it over?
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If you can't find time it do it right..how will you find time to do it over?
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post #34 of 70
Thread Starter 
LOL, Devil's advocate (From Scratch)....you made me laugh, I know you probably didn't mean to, but some comments were still funny. The venue belongs to the city, it is a City Civic center, and the requirement is new. I have just got off the phone with them. It apparently applies to anyone who is working the venue, and does not apply to me since I'm just delivering. The lady was supersweet and I have asked her to double check just to make sure we don't have a surprise on the wedding date. I'm strongly considering getting that city's business license just to go on their preferred vendor list though. And you are right, I can vent about it as much as I want to, but in the end of the day, the right thing to do is to suck it up and get the license....just in case icon_biggrin.gif
post #35 of 70
Thread Starter 
Hi Cakelady! I'm in Alabama too! Maybe out state is just weird icon_biggrin.gif


Quote:
Quote:

As far as the taxes, yeah I get that but since that cake was manufactured in my license, inspected and permitted shop and I'm paying sales taxes in the county it was manufactured then why are taxes due where it is delivered? Let's say you buy a dress in New York but you live in Maryland you don't have to pay taxes on it again when you get it home.



You see I think it's the most confusing part to me. I don't understand why I'm supposed to do that, plus that means that I have to charge each bride different tax depending on where their venue is. However, when I shop in another city, noone asks me where I'm from and charges me that tax rate, they charge me whatever tax is at their location. So if the bride comes to my shop, signs contract in my shop, writes me a check at my shop, I'll end up having to charge her for county sales, state tax, MY city tax and then city tax for the neighbouring city because that's where her venue is? Screwed up....very screwed up
post #36 of 70
I was trying to be serious, but in a funny way icon_biggrin.gif

PS - I really do have "Zombie Apocalypse" listed in the natural disaster section of my contract. It's like an Easter Egg hidden in it and people find it hilarious (the ones that actually read, that is!)
post #37 of 70
I thought this was interesting so I went to research a city near me (but not the city where my business is sitused). This is on their business license, so it DEFINITELY could be legit...
"Who Must Pay Tax - Any person who conducts business within the city, either by maintaining a business location within the City limits OR, either personally or through agents, solicits business within the city, or picks up and/or delivers goods or services within the City limits, is liable for the Citys Business License fees unless specifically exempted by State law or local ordinance..."

I guess I'll make sure to get these for all nearby cities...thanks for bringing this up! I thought it was just the city in which my business is located!
post #38 of 70
I would think if it was not stated in the original contract then they have no leg to stand on with this.. she should be able to bring in who she has already hired. This cannot be sprung on a bride only a month away from her wedding!
post #39 of 70
Quote:
Originally Posted by bmarlow001

I would think if it was not stated in the original contract then they have no leg to stand on with this.. she should be able to bring in who she has already hired. This cannot be sprung on a bride only a month away from her wedding!



State and local laws supersede any contract between private parties and businesses. If the venue is enforcing a law, then they are actually doing what they are supposed to be doing. Not following the law is not following a law, and you can't contract around it or not want to follow it because it was "sprung" on you. Yes, this has come up last minute, but that isn't the venue's fault (although the OP already said the venue was incorrect and she does not actually need a license after all, so in this instance I'd be fuming at the venue for upsetting a bride without making sure they knew what they were talking about).

BUT - Hypothetically, if a baker DID find out they needed a license to do business in a city they don't reside in, that is only the baker's fault for not checking something like that sooner, not the venue and not the bride. It's the business owner's responsibility to make sure their business is covered.
post #40 of 70
Thread Starter 
Well, the plot thickens, LOL. I think I'm now more confused about the tax situation more than the business license, so I called my city. They tell me that if a customer pays for the cake at my location, i'm responsible for paying sales tax to my city, regardless of where I deliver the cake or it gets picked up. The other town says that they consider transaction not complete until cake is delivered, so I have to pay their city tax as well. So......... I called the state.... they tell me that both cities are correct in their thinking, but I cannot double charge the city sales tax. Well, duhhh icon_confused.gif So, now I'm waiting for the whole lot of people to talk this out and come up with what i'm supposed to....
post #41 of 70
You pay city sales tax on a take-away food product? What state are you in again? In California sales tax is not collected on food unless it's consumed on-site where the food was sold. Example, Beyond Buttercream doesn't collect or pay sales tax on the cakes I sell because I don't have a storefront. Once I open one, I'll need to start collecting sales taxes on any food consumed on my location, but I still wouldn't collect sales tax on a cake I deliver

I DO pay taxes on income to the state/feds. Different topic.

No, you can't double collect taxes either way. You pay taxes to the city/county you reside.
post #42 of 70
Thread Starter 
Quote:
Quote:

You pay city sales tax on a take-away food product?



Yep...state, county, and city. The cities don't seem to agree of which one I'm supposed to be paying if cakes are delivered. At this moment both cities want their tax, which they cannot do. That's why I had to call the state. Someone is wrong. With the license though, city has a right to ask me to have a license because they consider delivery as a part of conducting business. The venue is flip flopping now, and have no idea what they are going to do because apparently other vendors are livid. The venue belongs to the city, it is not private, so I'm assuming when it comes down to it, they'll have to enforce whatever city tells them to enforce. What a mess though....
post #43 of 70
Pebbles~~I've been following this out of curiosity. "What a mess" is right. Goodness! I am waiting with bated breath for the State's solution.

Talk about a Catch 22.
post #44 of 70
Thread Starter 
Quote:
Quote:

Pebbles~~I've been following this out of curiosity. "What a mess" is right. Goodness! I am waiting with bated breath for the State's solution.

Talk about a Catch 22.



I know, I'm bracing myself for someone to post that I made this whole thing up just to get people going, because the further I go with this, the more weird the whole thing becomes, LOL I promise, I didn't make it up icon_lol.gif
post #45 of 70
No worries. I worked for 30 years in the medical health care field and dealt with medical insurance issues every day (and in my dreams at night). At this point I'll believe just about anything that has to do with State or Federal agencies.

One thing I learned long ago was to call the same office 3 times and make sure I got the SAME answer 3 times. I cannot tell you how many times I would get 3 different answers......

Unless I got the same answer 3 times, I would FORCE them to provide a WRITTEN statement of the "answer". I cannot tell you how many times I would have them screech to a halt and gasp and say, "I can't put that in writing!"

As Yul Brynner said in "The King and I":
"Is a PUZZLEMENT!"
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