Unlicensed Newbie ? About Accepting $ From Friends For Cakes

Decorating By Pinki Updated 23 Dec 2009 , 5:52pm by MrsMissey

browniebatterer Posted 23 Dec 2009 , 12:14am
post #31 of 58

ANYWAY....

To the OP-I wouldn't out and out sell cakes until you are legal. The main reason being that you could get turned in or found out. Most likely you won't go to jail for it, but you will be fined.

There are most likely kitchens in your area that can be rented by the hour.

Good luck, I hope everything works out for you. icon_smile.gif

browniebatterer Posted 23 Dec 2009 , 12:17am
post #32 of 58

Here is a good site for you: http://www.commercialkitchenforrent.com/

Pinki Posted 23 Dec 2009 , 12:25am
post #33 of 58
Quote:
Originally Posted by browniebatterer

Here is a good site for you: http://www.commercialkitchenforrent.com/




Thanks for the site. I'll take a look at it tonight.

Heath Posted 23 Dec 2009 , 12:52am
post #34 of 58

ok I just went through and cleaned out all the childish crap that hijacked this thread.

Those who were being rude, stop.

If this thread gets hijacked into childish bickering again I am breaking out the ban button.

Please keep this thread on topic and positive.

And please, no responses to my post, I am just trying to get this back on track.

-K8memphis Posted 23 Dec 2009 , 1:05am
post #35 of 58

The people in my county who got turned in for running a cake business from their homes were neither fined nor jailed nor threatened with either at that point. They were told to comply by such and such a date. If they had continued I'm sure the authorities would have escalated but not at first.

browniebatterer Posted 23 Dec 2009 , 1:08am
post #36 of 58

Was this for a first offense?

I look at that story as the same as getting a ticket from a cop-one may let you off while another will not. Just because one person you knew didn't get in trouble doesn't mean others won't.

-K8memphis Posted 23 Dec 2009 , 1:30am
post #37 of 58

They did get into trouble. They got shut down. They had to get approved facilities. It was four people. The HD was pissed off at the chicks who turned the four people in. The chicks closed their own booming cake business within weeks of thier shutting them down. They had turned in a family member. Holidays must be a blast.

I mean few and far between are the people rotting in jail for bootleggin' cake. If OP makes one cake and accepts money she will not go to jail. If she opens a cakery from her home it's a different story.

I think some of us get carried away advising new people.
The country is not that strident/stringent yet about cake.

-K8memphis Posted 23 Dec 2009 , 1:51am
post #38 of 58

Also these four were running cake businesses. One of them advertised in the phone book. o.m.g. Some of them did the big bridal shows.

But that's all my opinion based on 35+ years of experience in the field.

CeeTee Posted 23 Dec 2009 , 4:34am
post #39 of 58

Really, so much stuff associated with home bakeries, copyright, ect. with cakes is illegal that it's become virtually un-enforceable and unrealistic. It's easier to talk about what IS legal than what is Illegal!

What is Legal:
You can get a permit, open a bakery, and sell any kind of cake so long as it is your original design that does not resemble anything else ever made by any other legal bakery in existence. You can do a copyrighted cake only if you purchase the appropriate licenced cake deco kits from a licenced wholesaler.



aaaand That's It! That's all that you are legally allowed to do! Anything else, and I do mean anything else, you can safely bet that there is a law on the books somewhere making it illegal to do.

I'll save my rant on how us becoming an overly litigious and Sue-Happy society has made doing anything in this country a never ending headache.

CookiezNCupcakez Posted 23 Dec 2009 , 5:10am
post #40 of 58
Quote:
Originally Posted by K8memphis-



For example if someone called the police and said, "Hey I wanna turn myself in. I made a cake and sold it."
They would hang up on you.





icon_lol.gif That's too funny and very true!

judge.gif Lock em up!

aundrea Posted 23 Dec 2009 , 6:16am
post #41 of 58

hello pinki and welcome to CC. i think you will find a wealth of information here- on all cake decorating subjects.

i understand totally your situation. i am not licensed and i make cakes for family and friends. im asked all the time to accept money for my cakes or they have a 'friend' who wants me to make cake for whatever occasion.
i explain that i am not licensed so i cannot sell my cakes. the main reason (besides it being illegal). is that if anyone ever got sick off of a cake i made, although in all the years ive been baking its never happend. but it takes that one time-probably when ive accpeted money that someone will.

....anyways- that if anyone ever got sick i will be held liable. even though i take every saftey measure possible while baking. i think when i buy my eggs, sour cream or cream cheese. i dont know how fresh they truely are. no matter what the expiration date says. wonder if the eggs were left on a end cart in the store then placed backed into the refrig. shelve. same goes for any perishable food.
thats my stock answer i give everyone.

and i know that someone could possibly still get sick whether im selling or not- but at least no money was exchanged and i dont 'think' i can be held liable. and i know my family/close friends wouldnt persue any legal action- but y'know that 1 person at the party who's kid got ill would be all over me.
no thank-you dont need the drama!

because my family and friends know how much i love to do cakes - and understand the time/energy and costs that goes into making cakes they will get me gift cards for holidays and my birthday. which is great for me so i am able to do what i enjoy doing so much!

good luck with whatever decsion you make. i know its a tough choice

aundrea Posted 23 Dec 2009 , 6:26am
post #42 of 58

..............and as you can tell this is a very hot topic. just as 'cakes from scratch -vs- boxed mixed -vs- doctored mixes'
everyone has an opinon that is valid and true to their convictions.
....just like 'stay at home mom -vs- working moms'
im sure the list is endless.
best of luck to you.

aundrea Posted 23 Dec 2009 , 6:32am
post #43 of 58
Quote:
Originally Posted by aundrea

..............and as you can tell this is a very hot topic. just as 'cakes from scratch -vs- boxed mixed -vs- doctored mixes'
everyone has an opinon that is valid and true to their convictions.
....just like 'stay at home mom -vs- working moms'
im sure the list is endless.
best of luck to you.



***also i do attend every party i make a cake for. i know there is alot of discussions on that topic too. geeze i cant tell you now-that i do cakes- how many party invites i get*** icon_eek.gif

smitakasargod Posted 23 Dec 2009 , 7:14am
post #44 of 58

These threads remind me of the 'formula vs breast' threads on the new moms message boards icon_biggrin.gif LOL
No winners or losers...just different opinions...No need to bicker.

Mike1394 Posted 23 Dec 2009 , 10:01am
post #45 of 58

Mike said his own HD said he could do cakes if he didn't advertise.

K8 No I didn't say that. Go back to my original post. This above statement was taken out of context.

My HD will bring the police, and write a ticket on the spot if your caught. I've been told that by the HD, and I know people that it has happened to.

Mike

_Jamie_ Posted 23 Dec 2009 , 1:34pm
post #46 of 58
Quote:
Originally Posted by _Jamie_

I'm pretty sure your quoted area would make more sense if you had not chopped on it. Try reading it like this:

"I have seen posts where the OP says...." Then insert what you quoted.




I tried for ya Mike! Guess it got overlooked... icon_rolleyes.gif

-K8memphis Posted 23 Dec 2009 , 1:35pm
post #47 of 58
Quote:
Originally Posted by Mike1394



In Michigan the fine MAX is 89 days, and 500. Everyone can sit here, and say well it's only one cake, and it's ok. That advice is irresponsible.
NO, 99% of the time you sell the occasional cake to someone no your not going to get caught.
No matter how you slice it, it's illegal in MOST places. Yes, that means even one cake to a friend. I've seen posted about. Well, MY HD says if I don't advertise, it's ok. That's BS, alls that is, is not enough manpower to enforce the laws. That's like driving in Det. your not really guilty until your on your 5-6 driving suspension.

Mike




I highlighted the part where I thought you said that and we discussed it earlier in the thread. Sorry if I misconstrued but what did you mean?

Oh oh oh did you mean hypothetically??? Like if a caker says that then you think it's till BS?

However in the spirit of free debate your analogy doesn't work. If you've gotten 5 suspensions on your driving record --you've been observed doing somthing illegal, ticketed, and found guilty and sentenced to suspended license--not supposed to drive--over and over.

If the Health Department says it's ok then nobody's gonna try & catch you doing something wrong if the authority says it's not wrong.

I understand your ultimate point that is that it's always wrong to sell any cake if your'e not a licensed bake shop. But that particular analogy doesn't fly.

-K8memphis Posted 23 Dec 2009 , 2:13pm
post #48 of 58
Quote:
Originally Posted by _Jamie_

Quote:
Originally Posted by _Jamie_

I'm pretty sure your quoted area would make more sense if you had not chopped on it. Try reading it like this:

"I have seen posts where the OP says...." Then insert what you quoted.



I tried for ya Mike! Guess it got overlooked... icon_rolleyes.gif




Ohhhh, is that what you meant???
I din know what that referred to until now.
And you meant Mike's apparently hypothetical assertion???
That Mike's point is: even if the Health Department says its ok it's not ok?

TexasSugar Posted 23 Dec 2009 , 3:19pm
post #49 of 58
Quote:
Originally Posted by CeeTee



What is Legal:
You can get a permit, open a bakery, and sell any kind of cake so long as it is your original design that does not resemble anything else ever made by any other legal bakery in existence. You can do a copyrighted cake only if you purchase the appropriate licenced cake deco kits from a licenced wholesaler.




From my understanding, I didn't think anyone could hold a copyright on a cake design. So while people may see it as rude or uncreative to copy the design of a cake from a bakery across town I don't know that there are any laws against it.

And why would it matter if a cake design was made by a legal bakery or not? Does that mean that a cake I do for my nephew for free is free gain to be copied, but a cake a bakery does is against the law for me to do?


I really do understand K8's point of view. I do think that if people are going to do cakes as a business they need to take measures to do it legally. But there are some people, like me, that has no desire to do this as a job. I cant realistically see spending the time hunting up a kitchen to bake in, cart my supplies over, and bake/decorate the cupcakes my SIL asked me to make for her AG kids or the cake my mom paid me to make for my dad. By the time I paid the kitchen rent I might as well just have paid them to take the cupcakes/cakes.

I do think there are some gray areas. Maybe one HD is very strict and fines people out the butt, and maybe there are other HDs that dont really mind as long as you stay under a certain number or will let you go with a simple dont do it again. If my HD comes up to me and fines me, then they do, and I will deal with it. But chances are that my mom or SIL is going to turn me in is very slim.

I feel more strongly about not doing character cakes than I do about baking me few cake I year I get paid for. I know that is a contradiction. A law should be a law should be a law. But again, to me gray areas.

I totally understand also, how those that did do the hard work and got their bakery set up can feel on the subject. I get that it is very frustrating to you when someone else in the area is doing things illegally or under the radar. And maybe if I was in your situation Id feel the same way, I dont know, and will never know. Because while I enjoy doing cakes I do not enjoy doing wedding cakes, do not want to bake cakes for the mass public and do not want to do cakes every day to pay the bills.

So where does that leave someone like me? And yes I know the answer would be, do cakes for free, but frankly I cant afford that. I also dont see why I should take a hit financially, when I know those asking for the cakes can afford to pay me for them.

So I either never do any cakes because I cant afford to give up my time and supplies or I sell a cake here and there to family and friends that want it and appreciate it. Ive made a decision I can live and sleep with.

To the original poster, there are as mentioned some hot button topics. This apparently is the major one now, because every time someone posts about doing a cake we (yes I have too) have chimed in about knowing the rules in their area.

We all need to be aware of the rules in our area but we need to remember that not everyone is going to quit their day job and sell cakes out of their home or even start a second job doing cakes out of their home. I do worry that we are going to start scaring people off with the legal/illegal debate every time a question comes up. This board is about sharing and helping each other, in a friendly manner.

This is my opinion. I have the right to it as you have the right to yours. You dont have to agree with mine and I dont have to agree with yours.

cakesdivine Posted 23 Dec 2009 , 4:41pm
post #50 of 58

If you are unlicensed; in Texas you can do cakes for family and friends ONLY for a fee. If you do a cake for a friend of a friend, advertise, or do one for a complete stranger THEN you are breaking the law. Your mom, dad, sister, cousin, brother, in-laws and bff are fine to sell to or be reimbursed for ingredient costs. Just don't do it outside your "circle". I have no idea about any other State's do's & don't but it is always better to err on the side of caution. If your state requires you to be licensed to except money at all for your cakes, then I would NOT do it.

Although when you think about it, it is pretty silly, I mean if I give someone a cake for free whether I know them or not, that doesn't change the health issue that is related to all the hulabaloo anyway. And me as a licensed cake person certainly cannot compete with a free cake being offered to someone from an unlicensed baker. Just a very stupid rule in any State if you ask me. At least if there is a license fee required for a home baker and they are charging for their products I can compete. Free great cakes from a terrific hobbiest caker NO one can win except the recipient of the cake icon_smile.gif

browniebatterer Posted 23 Dec 2009 , 4:50pm
post #51 of 58
Quote:
Originally Posted by K8memphis-

Quote:
Originally Posted by _Jamie_

Quote:
Originally Posted by _Jamie_

I'm pretty sure your quoted area would make more sense if you had not chopped on it. Try reading it like this:

"I have seen posts where the OP says...." Then insert what you quoted.



I tried for ya Mike! Guess it got overlooked... icon_rolleyes.gif



Ohhhh, is that what you meant???
I din know what that referred to until now.
And you meant Mike's apparently hypothetical assertion???
That Mike's point is: even if the Health Department says its ok it's not ok?




Wait a second...what about not jumping to...ah never mind.

Mike is just having an opinion. Let him have it.

Kitagrl Posted 23 Dec 2009 , 4:57pm
post #52 of 58

One thing that cracks me up about this place is that everyone gets so upset...who cares what people do among friends? If I want to sell my house to a friend for a dollar...or a dozen cookies for $568.52 it doesn't matter. Its not a business if its among friends.

browniebatterer Posted 23 Dec 2009 , 5:23pm
post #53 of 58

Um, I don't have a problem...I'm just joining the conversation.

Kellbella Posted 23 Dec 2009 , 5:35pm
post #54 of 58

Play nice children...or Heath's poppin in icon_wink.gif (again)

-K8memphis Posted 23 Dec 2009 , 5:37pm
post #55 of 58
Quote:
Originally Posted by Kellbella

Play nice children...or Heath's poppin in icon_wink.gif (again)




Good I welcome his oversight.

I'm fine to play nice.

But I'm not letting any more ad hominem attacks pass by without standing up for myself.

Bluehue Posted 23 Dec 2009 , 5:38pm
post #56 of 58

icon_surprised.gificon_surprised.gif oh no.......................... i need more popcorn.


Bluehue icon_lol.gificon_lol.gif

summernoelle Posted 23 Dec 2009 , 5:43pm
post #57 of 58
Quote:
Originally Posted by Bluehue

icon_surprised.gificon_surprised.gif oh no.......................... i need more popcorn.


Bluehue icon_lol.gificon_lol.gif




Hand some over to me too! icon_lol.gificon_lol.gificon_lol.gificon_lol.gif

MrsMissey Posted 23 Dec 2009 , 5:52pm
post #58 of 58

Thanks everyone for your opinions! This thread is now closed. Happy Holidays!

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