Can I Do This.legally

Business By kokopuff Updated 9 Jul 2009 , 7:22pm by cylstrial

kokopuff Posted 2 Jul 2009 , 8:42pm
post #1 of 11

ok,so I work for a large supermarket chain that has a bakery-deli.They no longer make wedding cakes and asked if I would like to sell cakes through them,they just don't want the hassle.If I make my cakes there,with the companies approval but strictly on my own would I need to get a seperate license and have all the inspections etc.(question mark still doesn't work)Would I be able to do this or is it impossible,and if anything should happen I wouldn't want the company to be held responsible,not saying that it would but you never know.I hope this makes sense and someone can give me advice,I would like to do this if possible.I am strictly talking about wedding cakes for they do the sheetcakes etc.Any advice will be appreciated.

10 replies
cakesdivine Posted 2 Jul 2009 , 10:21pm
post #2 of 11

Well if your work is asking you to take this on as an independant, are they collecting the payment and then paying you your normal hourly wage? Or are you renting space, doing consults and charging the customer and collecting all the money yourself? If it is the later then depending on your local HD laws with determine if you have to get a seperate food vendor license or not.

jimandmollie Posted 2 Jul 2009 , 10:31pm
post #3 of 11

Could you get them to set it up where they will do your wages on commission? I would say to go by who is paying your taxes. If they are paying your taxes and will send you a W-2 then you are their employee and they are responsible for everything. If you are paying your own taxes then you are self-employed and you need to do all the other stuff, licensing, etc.

I would def try for the commission idea though. Then you would have it made. Think about it. You can make cakes in a kitchen you don't have to pay for or be licensed or insured and all you have to do is give them like 20% or whatever. I would be thrilled!




Another thought: Who is buying supplies and how is that going to be kept seperate from the sheet cakes?

kokopuff Posted 2 Jul 2009 , 10:40pm
post #4 of 11

Yes,it would be seperate from the store.I wouldn't be renting space either and it would be on my own time.This is just something they are willing to do for the convenience of the customer and to help me out but no they wouldn't be making a profit from this unless the customer wants additional sheetcakes.They just don't want to have to send the customer to WM.I guess the smart thing for me to do would be to contact the HD,I just thought someone on here might do something similar and be able to give advice.Thanks for the response! icon_biggrin.gif

minicuppie Posted 7 Jul 2009 , 8:19pm
post #5 of 11

Question...is this request coming from this large grocery store chain's corporate office? If not I would think you would be better served talking to them and of course the company's lawyers. Just a thought.

chefjulie Posted 7 Jul 2009 , 8:31pm
post #6 of 11

Well, essentially you ARE renting a kitchen (you just get the happy benefit of not having to PAY). So yes, you would most likely need to get your own food handler's permit and kitchen inspection. Really, it sounds like you're being offered an awesome opportunity! No rent, no overhead, and all of the equipment is already there. You can set your own prices (I assume) and start with an established customer list.

kokopuff Posted 7 Jul 2009 , 8:44pm
post #7 of 11

Yes,I had planned on talking to corp. about this before I give them an answer, I am already on good terms with them so if it can be done there really shouldn't be a problem but however my hubby is eager to build me a seperate kitchen(which we can have here in Ky.) so I may just do that instead.With 4 kids it would work out better for me in the long run.

minicuppie Posted 8 Jul 2009 , 12:13pm
post #8 of 11

You are one lucky gal! I thought I got the last best man alive! (sorry angie)

cylstrial Posted 8 Jul 2009 , 12:20pm
post #9 of 11
Quote:
Originally Posted by kokopuff

Yes,I had planned on talking to corp. about this before I give them an answer, I am already on good terms with them so if it can be done there really shouldn't be a problem but however my hubby is eager to build me a seperate kitchen(which we can have here in Ky.) so I may just do that instead.With 4 kids it would work out better for me in the long run.




You could decorate wedding cakes for a year or something while he builds your own place. Just a thought.

Debluvs2bake Posted 8 Jul 2009 , 12:36pm
post #10 of 11

Don't forget your business license through the state. And you will need a HD inspection.

cylstrial Posted 9 Jul 2009 , 7:22pm
post #11 of 11

So what did you decide to do Kokopuff?

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