Half-Baked? Police Called On Ny Kids' Cupcake Sale

Decorating By Wesha Updated 16 Nov 2010 , 10:37pm by Rachel5370

Wesha Posted 15 Nov 2010 , 7:52pm
post #1 of 38

What are your thoughts? Here is the link

http://www.wral.com/news/strange/story/8625122/

37 replies
AmysCakesNCandies Posted 15 Nov 2010 , 7:56pm
post #2 of 38

ridiculous! Whats next- Lemonade stands?

peg818 Posted 15 Nov 2010 , 8:04pm
post #3 of 38
Quote:
Originally Posted by AmysCakesNCandies

ridiculous! Whats next- Lemonade stands?




Actually i do remember someone getting busted over a lemonade stand, doesn't seem like it was that long ago.

And i do agree its ridiculous. At least the only white powder these boys were dealing with was of the powdered sugar variety

indydebi Posted 15 Nov 2010 , 8:10pm
post #4 of 38

ok, I'll be Devil's Advocate.

where do we draw the line? Let's say it's ok for "kids" to run a cupcake stand. Shall we bet on whether mom is actually doing the baking? So will adults use kids as a front to set up an illegal "business"? Then will Cc'ers be on here complaining about unlicensed bakers undercutting their pricing with comments such as "I KNOW she's just using her kids to get around the law!" ? And who is defined as a kid? 12 years old? Well, gosh, my kid is only 13, so that's unfair that MY kid can't do it!

As innocent as the whole thing is, the law is the law and it cannot be selectively enforced. Otherwise we THEN get into the "why is it ok for THAT kid to have a stand and not THIS kid?" or "why can SOME people, regardless of age, sell without a license, but not others?" Claims of discrimination based on race, sex, neighborhood, flavor of cupcakes.

Laws cannot be selectively enforced. they dont' apply to just "some" people.

As I said .... just playing Devil's Advocate.

jason_kraft Posted 15 Nov 2010 , 8:13pm
post #5 of 38

Did the councilman inform the responsible parents of the rules? If so, and the parents ignored him, he would be justified in contacting the health department. Calling the police seems to be overkill.

loriemoms Posted 15 Nov 2010 , 8:25pm
post #6 of 38

I kind of agree with Debbie....what if they were selling buttercream that needed to be refrigerated and someone got sick? Lemonaid is a different story, but baked good, I dont know....

I beleive even girl scouts have to get permits to sell at shopping centers and such, dont they?

AmysCakesNCandies Posted 15 Nov 2010 , 8:31pm
post #7 of 38

I just think its crazy what people will call the police for. I know there are rules, but sometimes just common decency is all thats needed. As jasoncraft mentioned- he he even bother to nicely inform the parents? People can just go overboard sometimes... there are noise ordinances in my city, but if my nieghbor is being loud I am going to ask him to quiet down BEFORE I call the police. I just think some people feel the need to jump straight to the last resort.

artscallion Posted 15 Nov 2010 , 8:34pm
post #8 of 38

It may be more complicated than is being reported. Lemonade is one thing. That's a pretty safe thing to sell. But baked goods are different. There may have been issues with perishable fillings or frostings. Plus they were set up in a park. So they were probably selling to lots of other kids. So you get into allergies and liability and tummy aches and parent complaints.

I also come from the day when it was commonplace for kids to set up a little stand in front of their house selling all kinds of things and no one blinked. Though of course we would never set up in a park...always on our own front sidewalk. So I'm ambivalent on how I stand on this. I just think it's more complicated now when people are more likely to sue and everybody's allergic to something.

MalibuBakinBarbie Posted 15 Nov 2010 , 8:37pm
post #9 of 38

Well said, IndyDeb! The article I read this morning did leave an "impression" that this had been going on for some time, and it's exactly what I thought. (And I hate to think like that, too!) NOT that I am against kids learning how to earn some money. After all, I used to babysit occasionally. But I feel certain that this was not a one-time/occasional occurance. icon_rolleyes.gif And if the parent is doing it to get around the legalities of selling baked goods from home, it's not cool. thumbsdown.gif

newmansmom2004 Posted 15 Nov 2010 , 8:43pm
post #10 of 38
Quote:
Originally Posted by indydebi

ok, I'll be Devil's Advocate.

where do we draw the line? Let's say it's ok for "kids" to run a cupcake stand. Shall we bet on whether mom is actually doing the baking? So will adults use kids as a front to set up an illegal "business"? Then will Cc'ers be on here complaining about unlicensed bakers undercutting their pricing with comments such as "I KNOW she's just using her kids to get around the law!" ? And who is defined as a kid? 12 years old? Well, gosh, my kid is only 13, so that's unfair that MY kid can't do it!

As innocent as the whole thing is, the law is the law and it cannot be selectively enforced. Otherwise we THEN get into the "why is it ok for THAT kid to have a stand and not THIS kid?" or "why can SOME people, regardless of age, sell without a license, but not others?" Claims of discrimination based on race, sex, neighborhood, flavor of cupcakes.

Laws cannot be selectively enforced. they dont' apply to just "some" people.

As I said .... just playing Devil's Advocate.




Agree. I just finished reading this story and as much as I love the idea of kids having lemonade stands like I used to do as a kid, times have changed. Too many legal issues and liabilities in today's society and if the city ordinance or state law dictating the community in question requires permits for this type of thing, I think it applies to everyone - - regardless of age. My bigger concern - other than where do you draw the line - is with someone crying "sick" and suing the boys and their families. Without a permit or insurance that type of scenario could bankrupt every family involved. Sad, yes...but that's what the world has come to.

q2wheels Posted 15 Nov 2010 , 8:56pm
post #11 of 38

Here is the full story from the local newspaper online:

http://www.lohud.com/apps/pbcs.dll/article?AID=/201011150230/NEWS02/11150328


Quote:
Originally Posted by jasonkraft

Did the councilman inform the responsible parents of the rules? If so, and the parents ignored him, he would be justified in contacting the health department. Calling the police seems to be overkill.




The article answers Jason's question....no, the councilman did NOT inform the parents, he just called the police.


Toni Ann

playingwithsugar Posted 15 Nov 2010 , 8:57pm
post #12 of 38

Are you kidding? Some kid got busted for running an Alex's Lemonade Stand a few years ago, which benefits the fight against childhood cancers.

And forget something like that where I live. A few of us local home bakers (not in business) wanted to do a Share Our Strength Great American Bake Sale, which benefits food banks. Not a chance. When we applied for a temporary sales permit, we were told we could not run the sale because of health code violations - we would not be baking out of a commercial kitchen, and all products would have to be labeled with nutrition information. I gave up and sent them a personal donation instead.

Theresa icon_smile.gif

cutthecake Posted 15 Nov 2010 , 9:01pm
post #13 of 38

That's a local story for me. The area in which the boys live is VERY affluent (as in Bill and Hilary Clinton live nearby). This wasn't intended to be a one-day bake sale in some kid's driveway. They hoped to do it "for years" and save up enough money "to open a restaurant". And on town property. Not a bad deal--no overhead, no sales tax to collect, no kitchen inspections, no filings with NYS or the IRS. Who wouldn't like such an arrangement?

jason_kraft Posted 15 Nov 2010 , 9:08pm
post #14 of 38
Quote:
Originally Posted by q2wheels

The article answers Jason's question....no, the councilman did NOT inform the parents, he just called the police.



Given that this was on a weekend and the health dept was probably not available, I can see why he called the police...he may not have the authority to act on behalf of the health dept and force the stand to be shut down, so the police were the next logical choice.

From the story, the police seemed to handle the situation in a respectful manner, so this sounds more like a non-story that was blown up into a controversial headline to sell ad impressions.

What would you do if you were in the councilman's place? Force the stand to be shut down yourself and stay until the parents arrive? Disregard the law and allow them to sell potentially hazardous baked goods without a permit?

cutthecake Posted 15 Nov 2010 , 9:25pm
post #15 of 38

I don't know if the councilman had the authority to shut down the stand. The kids were apparently alone when the police arrived, and their parents were called. If the councilman tried to handle the situation himself, who knows what could have happened? Irate parents, crying kids, bored suburban lawyers weighing in--it could have gotten uglier than it did. One mother said that the councilman "decided to get on his high horse and wreck their dreams". I guess she forgot the part about the kids breaking local, county, state and Federal laws. He could have called the IRS or NYS sales tax department.

And the kids were in the park with a lot of cash on one occasion--their safety has to be considered, too.

EvMarie Posted 15 Nov 2010 , 9:27pm
post #16 of 38

If these boys were from a very affluent neighborhood....wouldn't the mother..if in fact she was baking all the goodies just open a little biz?

I think this is a dangerous line to walk. The law is the law, I get that. But, if the kids did get the ba-jeebers scared out of them...there is a possibility that in the future (1) they'd be more mindful of the law, that being a good thing I'm sure. But, (2) they would decline to take any more risks and possibly have their spirit a bit broken. And, that's the bummer of this story I think.

I don't care if Mom was doing the baking, not EVERY kid would be willing to the time to sell anything for a living. Especially in a nieghborhood with money.

I'd say - it could have been handled a little "nicer". Wrong is wrong. But, "nicer". The kids may still learn the lesson &&&&&&& still be ready to "go get'em" in the proper manner.

KathysCC Posted 15 Nov 2010 , 11:28pm
post #17 of 38

I think the days of selling cookies and lemonaid on the corner are long gone. We did this as kids, but back then we didn't have to worry about lawsuits. Another example of the good ole days gone by...and I'm not even a grandmother yet!! icon_rolleyes.gificon_lol.gif

A couple of kids trying to make a few dollars selling baked good sounds cute and it is easy to come down on the big bad councilman who turned them in and the police who shut them down. The fact is that we now live in a world where their parents could be sued by someone who got sick or claimed to have gotten sick from the food. They were also in a public park selling the goods which opens up a whole other can of worms because the city could be held liable. It is sad but I have to agree with the law in this case.

aundrea Posted 15 Nov 2010 , 11:51pm
post #18 of 38

i was thinking the same thing - where the line drawn?
its sad that kids cant have a cupcake or lemonade stand.
but the law is there for a reason.
heck-if a cupcake stand was allowed im sure so many people who cannot get a licensed kitchen would be selling their goods on the corner.
times have definately changed!

-K8memphis Posted 16 Nov 2010 , 12:22am
post #19 of 38

I think the part about it being in the park, on the one hand is brilliant marketing but that's where the boys clearly went over the line. You just can't do that. If they had been on their own street at least that'd be quite different to me. Still they'd probably need to be certified but they clearly were in the wrong.

They felt deflated--yeah take a number.

They've got great instincts--they just need to regroup and hit it again. They wanna open a restaurant!! Go get 'em!!

They made thier own goodies--I love them for that!!!

-K8memphis Posted 16 Nov 2010 , 12:33am
post #20 of 38

And I mean the parents should have known where their 13 year olds were. They did all that baking and preparation--somebody over 21 had to know what they were up to. The parents should have reigned them in in the first place. In your driveway maybe--putting your show on the road nuh ugh

cownsj Posted 16 Nov 2010 , 12:35am
post #21 of 38

I think the boys are just fine. I watched the story on Fox News out of NYC tonight. The boys are really enjoying their time in the spotlight and never looked and acted the least bit upset. So I can say they are clearly ok. And the mom of one of the boys just simply said that if they knew the boys needed a permit, they would have gotten them one.

I'm almost betting the boys are thrilled right now this happened, just so they were able to get on tv and in all the newspapers. I have no doubt they'll land on their feet and figure another way to earn some money

superwawa Posted 16 Nov 2010 , 12:42am
post #22 of 38

The violation was "vending without a license" in the park (on town/city property) not because they were selling baked goods. It is a common NY thing that is the same for every vendor - from hot dog cart guys to people selling shirts or tube socks or their artwork on a folding table. It sucks and is a money machine, but it's the law.

The Councilman did speak to the press today and said he felt bad he upset the kids and probably should have informed them they needed a permit/license, rather than call the cops. But it is sometimes better to let the law officials handle things in my opinion. (i've been on the wrong side of the "kill the messenger" scenario more than once)

EvMarie Posted 16 Nov 2010 , 1:04am
post #23 of 38

Are there any laws about their age I wonder?

I hope they just correct the issue and carry on....that would be a great story.

jason_kraft Posted 16 Nov 2010 , 1:41am
post #24 of 38
Quote:
Originally Posted by superwawa

The violation was "vending without a license" in the park (on town/city property) not because they were selling baked goods.



Actually both the lack of a vending license and the lack of an inspected commercial kitchen are violations, but in this case it sounds like only the vending issue is being enforced. If these kids try again in front of their home I wouldn't be surprised if the health dept got involved.

BlakesCakes Posted 16 Nov 2010 , 1:47am
post #25 of 38

_On Soap Box
_
Stepping up _

I read the article.

These weren't 6 or 7 year olds in the driveway. They were 13----old enough to research the rules/laws of their community (go to Google to the town website or actually go to the town hall and talk to someone there). If they couldn't do that, then their parents could have done it--assuming that they were on board with the whole idea.

I'm sick and tired of people whining about the "bullies" who enforce the rules icon_evil.gif
Dammit, like it or not, WE ALL ARE BOUND BY RULES icon_twisted.gif

I'm even more tired of PARENTS who run around decrying how their (13 year old) BABIES are being picked on. There are too many coddled kids being raised to believe that their poop doesn't stink and that NO rules apply to them icon_mad.gif

It makes no difference if they are 3, 13, 30, or 113--if a permit is required, then it's required and they needed to be shut down until they conform to the laws.

LEARN THE LESSON: Get the permit, get the insurance, and GO FOR IT--or shut up and go away.

_
_
_off soapbox
Rae

trishvanhoozer Posted 16 Nov 2010 , 2:00am
post #26 of 38

I just think this is ridiculous. These kids were earning money, something that not a lot of 13 year olds care to even bother to worry about. In this world of kids expecting things handed to them, I am pleased to see some kids who have a dream and work hard to acheive it. If this were my kid, I would take every step necessary to get him a permit to sell those goodies and make sure that the councilman was well aware of every effort taken to ensure that they were "back in business". If there are laws that they should work with to sell, by all means, have them go through the steps, but I applaud them for their motivation and drive!

cutthecake Posted 16 Nov 2010 , 2:50am
post #27 of 38

In this county in NY, it is illegal to sell baked goods if they are not made in an approved commercial kitchen. It's not just a permit issue.

cownsj Posted 16 Nov 2010 , 3:10am
post #28 of 38
Quote:
Originally Posted by BlakesCakes

_On
I'm sick and tired of people whining about the "bullies" who enforce the rules icon_evil.gif
Dammit, like it or not, WE ALL ARE BOUND BY RULES icon_twisted.gif

I'm even more tired of PARENTS who run around decrying how their (13 year old) BABIES are being picked on. There are too many coddled kids being raised to believe that their poop doesn't stink and that NO rules apply to them icon_mad.gif

_
_
_off soapbox
Rae




I agree with you in your general statement about parents and their kids, but from watching the story on the news and the interview done with the boys' mother, it was nice to see that wasn't the case here. Surprisingly, there was no drama, no upset, no anger or misunderstanding with the mother or the boys. They just didn't realize what the rules were and the mother said that had she known, she would have gotten the permits for the boys. It seemed rather lighthearted. Nice to see this type of a story not being blown out of proportion, by those involved, for a change.

mombabytiger Posted 16 Nov 2010 , 9:21pm
post #29 of 38

I think people should just mind their own business. icon_lol.gif

langranny Posted 16 Nov 2010 , 9:38pm
post #30 of 38

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