What???home Based Business Not Allowed

Business By THECAKEPLACE Updated 23 Apr 2010 , 2:09pm by JaneDee

THECAKEPLACE Posted 25 Feb 2010 , 7:44pm
post #1 of 41

I cant believe this... i just got everything ready for a home based business , but when I called to get my license they told me that it was illegal where I live....Oh I am so sad I don't know what to do icon_cry.gificon_cry.gificon_cry.gif Sorry just had to vent a lilttle.

40 replies
Dolledupcakes Posted 25 Feb 2010 , 7:57pm
post #2 of 41

Sorry to hear that. It's the same thing here where I live. It sucks.

ElegantOccasions Posted 25 Feb 2010 , 7:59pm
post #3 of 41

I thought you could in Virginia

Dolledupcakes Posted 25 Feb 2010 , 7:59pm
post #4 of 41

I wonder if legal bakers have dropped a dime on home bakers? Hmmm... That would SUCK

Dolledupcakes Posted 25 Feb 2010 , 8:01pm
post #5 of 41

I know in you could in NY and MA. I need to move there.

THECAKEPLACE Posted 25 Feb 2010 , 8:07pm
post #6 of 41

You are allowed in some parts of virginia, but not in Richmond,v.a.

Caralovescake Posted 25 Feb 2010 , 8:08pm
post #7 of 41

I am in NY and it depends on where you live. I cannot have a home based business either. icon_sad.gif

Dolledupcakes Posted 25 Feb 2010 , 8:10pm
post #8 of 41

We had a petition here in my state. I am waiting to see if it passes. Another reason why I hate living here.

ShoogaBooga Posted 25 Feb 2010 , 8:13pm
post #9 of 41

You could rent a kitchen...Lots of people rent a kitchen for a few hours, that has nice appliances, you bring your supplies, and when your done clean up after yourself for your deposit back. At least we have them in Texas but its worth a try.

LaBellaFlor Posted 25 Feb 2010 , 8:14pm
post #10 of 41

You are in Richmond, VA? Who told you that? From what I understand that law does not very from county to city, it's a state law and it is allowed. The only difference from city to city or county to county is wether or not you need an actual business license. The people that inspect and license you is a state agency, the Department of Agriculture, not the health Dept. of your city. Call them and see what they say.

Dolledupcakes Posted 25 Feb 2010 , 8:18pm
post #11 of 41

The only place I could think of is a church... but that may mean I may have to start going to church. You know what I mean? The church may pick someone else who is a member over me who is not. I will have to try.

LaBellaFlor Posted 25 Feb 2010 , 8:20pm
post #12 of 41

I wold think they would only feel comfortable letting an active member use their facilities, but it doesn't hurt to ask. Though it may come at a higher cost.

Dolledupcakes Posted 25 Feb 2010 , 8:22pm
post #13 of 41

Ok. Say I rent a kitchen. What do I do next as far as getting licensed? I hear so many different things I am so confused.

snocilla Posted 25 Feb 2010 , 8:31pm
post #14 of 41

Cake Place, PM Costumeczar. She has a legal home bakery in Richmond, and can tell you who to contact. She recently sent me some information, but once I got my packet I didn't keep the phone numbers. And it is legal, there are just a lot of regulations you have to meet. Mine is on hold until we can finish the in-law suite in my garage, because it just isn't feasible to remodel my kitchen to make it work.

snocilla Posted 25 Feb 2010 , 8:34pm
post #15 of 41
Quote:
Quote:

You are in Richmond, VA? Who told you that? From what I understand that law does not very from county to city, it's a state law and it is allowed. The only difference from city to city or county to county is wether or not you need an actual business license. The people that inspect and license you is a state agency, the Department of Agriculture, not the health Dept. of your city. Call them and see what they say.




You are absolutely correct LaBella... I've done some research recently.

terrig007 Posted 25 Feb 2010 , 8:37pm
post #16 of 41
Quote:
Originally Posted by Cakesbylissette

Ok. Say I rent a kitchen. What do I do next as far as getting licensed? I hear so many different things I am so confused.




It depends what State you are residing in. I know someone who rents a kitchen at my church (which is a Catholic church) and she is a dyed in the wool Baptist but they were more than happy to have someone paying to use their kitchen and have even referred some of the wedding couples and renewal of vows couples to her. It's convenient as she's often there when the couples come in for information. It works out great for both parties.

Also, I live in VA and hope this isn't something new.

l80bug79 Posted 25 Feb 2010 , 8:37pm
post #17 of 41
Quote:
Originally Posted by Cakesbylissette

Ok. Say I rent a kitchen. What do I do next as far as getting licensed? I hear so many different things I am so confused.




i'm interested in this too. i would love to do that and have the avenue to do so, but then i think about taxes, insurance, etc. i assume that you have to pay taxes and have insurance when you rent a kitchen since you are considered a valid business by the powers that be. I would need to do the volume to pay those additional items and clear a little bit of money.... sorta hesitant to talk to the county/city because i would be flying tha tmuch higher to the radar if you know what i mean.

THECAKEPLACE Posted 25 Feb 2010 , 8:51pm
post #18 of 41

Thank you everyone for your replies!!! Now that I know there are people in richmond va who are licensed i can have a little hope.I had my dad call the department of agriculture (after i bugged everyone at the health department icon_wink.gif ) and he said the lady was very rude and quickly told him she is looking at the paper and it says that in richmond va it is illegal to have a holme based business...Maybe she just wanted him off the phone...I am going to call again and try to get someone else to help me...

hynest Posted 26 Feb 2010 , 6:09pm
post #19 of 41

I would personally keep calling until you spoke to someone with knowledge of the legalities. All it takes is a few questions to figure out if they legit know what they are talking about - or just want you off the phone! LOL I also think you should checkout the local church in your area. Where I live we rent out our kitchen to anyone in need as a community outreach. It certainly wouldn't be very christian to say no just because you aren't part of the congregation. Worth a try at the very least.

tannersmom Posted 26 Feb 2010 , 7:01pm
post #20 of 41

So sorry about this. I live in North Carolina and here it does vary by county(according to the county inspectors office). NC is a cottage law state but it depends on your county ordinance as well. I would call the county office and speak to someone in the inspection/ordinance dept. They can tell you for sure. I'd try there first. If it's not allowed, ask them what would it take to get an amendment to the ordinance. HTH

Stephanie

costumeczar Posted 26 Feb 2010 , 8:14pm
post #21 of 41

I pm'ed you about this, but you obviously got someone with their head up where the sun don't shine. I did a wedding cake for the woman at the Dept Of Agriculture who's in charge of this kind of thing, and home cake businesses definitely are allowed (I doubt that she would have hired me to do her wedding cake if I wasn't legal). I think that you must have spoken to someone who was looking at the restrictions about catering businesses, which are NOT allowed from home. If you're only doing cakes, though, you can do that from home.

I'm going to pm you the email address of the health inspector so that you can email him and ask who you should speak to to get information.

Virginia also just passed a bill that allows home bakers to bake and sell non-perishables without an inspection, which I'm not a big fan of, but if that's legal than inspected bakers sure are.

LaBellaFlor Posted 26 Feb 2010 , 8:16pm
post #22 of 41

But you have to lable your stuff with a "Made from a non-inspected kitchen" label.

costumeczar Posted 26 Feb 2010 , 8:20pm
post #23 of 41
Quote:
Originally Posted by LaBellaFlor

But you have to lable your stuff with a "Made from a non-inspected kitchen" label.




Right, there are other restrictions that go with it. I don't know why you just wouldn't get the inspection, it's easy. IF you can find someone who knows what they're doing at the Dept of Agr., that is.

costumeczar Posted 26 Feb 2010 , 8:23pm
post #24 of 41

Here's the bill, I hope it's going to be big enough to read when I upload it. Maybe you could call the cow at the D of A back and see what she says about this.
LL

indydebi Posted 26 Feb 2010 , 8:26pm
post #25 of 41
Quote:
Originally Posted by LaBellaFlor

I wold think they would only feel comfortable letting an active member use their facilities, but it doesn't hurt to ask. Though it may come at a higher cost.




Never hurts to ask. I have a caterer friend who rents a kitchen from a church she doesn't belong to. Her own church wouldn't rent to her so she just found another one that would.

snocilla Posted 26 Feb 2010 , 8:27pm
post #26 of 41
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Right, there are other restrictions that go with it. I don't know why you just wouldn't get the inspection, it's easy. IF you can find someone who knows what they're doing at the Dept of Agr., that is.




Just to shed some light... mine is currently on hold due to some of the regulations explained in the packet. For instance the need for a separate hand-washing sink. That would cause a remodel of my kitchen to get the plumbing and such to a separate sink (not to mention, I'm not sure where we would fit it).

btw, costumeczar, I do appreciate the information you sent me to at least get me started!

LaBellaFlor Posted 26 Feb 2010 , 8:29pm
post #27 of 41

The third sink can be a bath room sink as long as it is close to your kitchen.

snocilla Posted 26 Feb 2010 , 8:31pm
post #28 of 41
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The third sink can be a bath room sink as long as it is close to your kitchen.




Really? Maybe I misunderstood when I read it. I'll have to go back through it again! Thanks for the info!

cakesdivine Posted 26 Feb 2010 , 8:32pm
post #29 of 41

I rent a kitchen here in Texas. I was instructed by the Texas State HD to apply for a food manufacturers license and NOT a food Establishment license. The FM lic. fee is based on annual sales. If you stay under $10,000 a year your fee is only $104 in Texas and is good for 2 years, it goes up as the amount of income you make goes up. But I also, for business/IRS reasons, needed to obtain a DBA (Doing Business As/Assumed Name) certificate, state tax ID eventhough baked goods in Texas are non-taxable items, insurance, and a food managers certification.

costumeczar Posted 26 Feb 2010 , 8:46pm
post #30 of 41
Quote:
Originally Posted by snocilla

Quote:
Quote:

The third sink can be a bath room sink as long as it is close to your kitchen.



Really? Maybe I misunderstood when I read it. I'll have to go back through it again! Thanks for the info!




Yep, They count my bathroom sink that's in the hallway next to the kitchen as the separate handwashing sink.

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