Home Base Cake Business In Arizona - Anyone Know The Laws?

Business By glendaleAZ Updated 30 Dec 2008 , 7:42am by sayhellojana

glendaleAZ Posted 20 Oct 2008 , 5:44am
post #1 of 17

I've been making cakes out of my home for friends and family for about a year. I would like to start making cakes for real clients, but I was told by a The Wilton Class Instructor that you cannot have a cake business out of your home in Arizona. Can anyone tell me if this is true?

16 replies
kelleym Posted 20 Oct 2008 , 11:54am
post #2 of 17

Your instructor was correct.
http://www.azdhs.gov/phs/oeh/rs/pdf/fc2000.pdf

Section 6-202.111

Quote:
Quote:

Private Homes and Living or Sleeping Quarters, Use Prohibition.
A private home, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters may not be used for conducting food establishment operations.


glendaleAZ Posted 21 Oct 2008 , 5:15am
post #3 of 17

Thank you for the reply kelleym.

Okay, so I can't make cakes out of my home, and I don't want to open a bakery. But, I love being an accountant, ( I knowâ¦number cruncher â boring, but I love it) and I want to make cakes in my spare time. Do you have any suggestions for someone like me?

arahsa Posted 21 Oct 2008 , 5:36am
post #4 of 17

I thought u could have a business at home. Its nice to know the TRUTH!!

kelleym Posted 21 Oct 2008 , 2:03pm
post #5 of 17

glendaleAZ - there is nothing stopping you from making cakes in your spare time. You just can't sell them. icon_smile.gif

But seriously - if you want to have a legitimate business, look into renting kitchen space somewhere. With a license, you can advertise and get insurance to protect you in case someone gets sick from one of your cakes. Lots of people choose to ignore the law and sell cakes from home, so it's up to you what kind of risk you want to take.

A home food business is prohibited where I live, too. I've chosen to stick with making cakes for my friends and family. And doctor's office. And the orthodontist office. And the local firestation. You can donate a free cake just about anywhere...not many people will say no to cake. icon_wink.gif

PieceofCakeAZ Posted 22 Oct 2008 , 1:03am
post #6 of 17

I am certainly not encouraging you to break the law, but if you go to any of the wedding resource sites and look up wedding cakes in AZ, 60%-80% of the companies listed are operating illegally out of their homes. So unless the health department decides to crack down you could probably get away with it, at least for while.

Again, I'm not recommending it, I am just stating facts. icon_smile.gif

glendaleAZ Posted 22 Oct 2008 , 1:58am
post #7 of 17

Thank you all for your help. I guess I have a lot to think about.

__Jamie__ Posted 22 Oct 2008 , 2:27am
post #8 of 17
Quote:
Originally Posted by kelleym



Section 6-202.111
Quote:
Quote:

Private Homes and Living or Sleeping Quarters, Use Prohibition.
A private home, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters may not be used for conducting food establishment operations.




I'm in AZ too, and made some calls about this the other day. Local health department worker said something to the effect of the food must not be prepared in the same kitchen as the residents of the home prepare their meals in. Different stoves, sink, utensils, everything. Then they mentioned something about having a separate kitchen in a separate room. So I take this to mean,and with the above referenced quote from the state website, is if you can get plans approved for spare kitchen add on/remodel, with a door that only opens to the outside....you're good to go. I wonder if it is really that simple. Hmmmmm......

glendaleAZ Posted 26 Oct 2008 , 5:08am
post #9 of 17

My Wilton instructor said that in order for me to run a cake business out of my home it needed to be zoned as commercial/residential property. Does anyone know how to look on a stateâs website to find this information? I tried, but just ran myself around in circles.

A sad story ⦠She told me about one of her students who had remodeled her garage to include a kitchen (10k), then when her neighbors complained to the city about the traffic, they came out and told her that her property was not zoned for a business â what a waste of 10k.

kelleym Posted 26 Oct 2008 , 3:40pm
post #10 of 17

That information wouldn't be on the state's web site. You need to start at the local level - first, your HOA if you have one (many will not allow this type of home business), then your city or county. Good luck! Unfortunately many people here can tell you that it can be frustrating even trying to figure out whose rules you need to be following!

glendaleAZ Posted 26 Oct 2008 , 4:33pm
post #11 of 17

Thanks kellym for your assistance. I will look again. icon_biggrin.gif

anis3 Posted 27 Oct 2008 , 9:21pm
post #12 of 17

Hi newbie, I'm new here too! SO I have been really trying to get my foot in the door too on how to start a cake business in Arizona and I want to be home based as well. Everything I have gathered tells me that although you are not able to set up a kitchen at home I think we can have our office home based. (You would have to clear it through your city's zoning department and possibly the HOA too) I'm going to check with my HOA to see what they recommend. Then I think you can just rent out a kitchen that is licensed already through the health dept and then contact the health dept and have them do an inspection and they will give you a permit to operate out of that kitchen. I'm still in the beginning of gathering info too so you are not alone! But as I find more info I'll post it and let you know if I find anything new out there. If you will do the same maybe we can work together to figure this all out! Thanks! thumbs_up.gif

glendaleAZ Posted 28 Oct 2008 , 5:21am
post #13 of 17

You got it. I'm lucky in the way that I don't have to deal with and HOA. But, I will keep you posted on anything I find out. icon_smile.gif

__Jamie__ Posted 28 Oct 2008 , 5:27am
post #14 of 17
Quote:
Originally Posted by glendaleAZ

My Wilton instructor said that in order for me to run a cake business out of my home it needed to be zoned as commercial/residential property. Does anyone know how to look on a stateâs website to find this information? I tried, but just ran myself around in circles.




That information should be in your mortgage papers, or somewhere in the paperwork from when you bought your home. My home is zoned commercial/residential as it used to be the headquarters for a local chapter of a national organization a few years back. Just found that out the other day....yippee! icon_biggrin.gif

glendaleAZ Posted 28 Oct 2008 , 5:35am
post #15 of 17

Oh, you're so lucky. I'm very happy for you. I will check out my papers tomorrow. Thank you so much for letting me know a short-cut to find out.

__Jamie__ Posted 28 Oct 2008 , 3:39pm
post #16 of 17

I was thinking about this a little more...daydreaming more like it. Anyways, I'm in AZ, and live in what is referred to as the historic distric. All of the homes are where the oiginal settlers of the town started building. My home is 110 years old, and the surrounding homes are more or less the same age. Over the years, many of these homes were occupied by busineses of various sorts. Churches, restaurants, offices, schools, you name it! Many of them had guest/maid quarters out back, and some of those had kitchens built into them. One down the street from me is for sale right now that has a kosher kitchen in the guest house for use by a Jewish church? Sorry if I am not describing that properly...but the kitchen had t be certified kosher to keep with tradition (again, sorry if not being correct). My point is, my home is zoned commerical/residental, and I bet that one is too. Hubby is talking about buying the place down the street for me to start a business...possibly. Maybe check around in your home town and see if there are neighborhods that fit the bill as far as home based kitchen and licensing go!

sayhellojana Posted 30 Dec 2008 , 7:42am
post #17 of 17

Jamie - lucky you! The historic district is so pretty, too.

So, I called the health department recently and they said selling cakes out of home wasn't legal, which is kind of what I already knew but hey, it couldn't hurt, right?

I guess states that don't license home bakeries put home bakers into an awkward position. If you get caught, I don't think they do anything other than shut you down. However, there is a certain solice to knowing that cakes made at home are cakes made in very very clean kitchens, with lots of time and love spent making them look and taste nice. AND, I can honestly say I would never charge half of what some of the storefronts in my area are charging.

I have decided to sell from home every now and then, just by word-of mouth advertising. If someone would like me to make them a cake, they can ask. I'm telling myself its like paying the neighbor boy to mow your lawn. If AZ offered licenses to home bakers, I would absolutely get it, but that is not an option.

Is anyone else in my boat? Knowing that technically, their breaking the law?

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