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If it's illegal to sell cakes from home, can I do this? - Page 6

post #76 of 133
Quote:
Originally Posted by yeastconfection

What if my real cake tastes like a stryofoam dummy? Will that work?



Hey, it works for many bakers so why not for you too! icon_lol.gificon_lol.gificon_lol.gificon_lol.gif
post #77 of 133
LOL! You will win the lawsuit too, when you bring a slice for the judge to taste icon_wink.gif
post #78 of 133
Quote:
Originally Posted by tiggerjo

ok, have read most of this, not all so maybe this has been covered. a cake that is made for donations only is legal. the donation can be as little or much as you suggest. think bout it..a cake goes to the fair, anyone concerned about the judges sampling it....a cake is donated to the fire department or a church for a cake walk...anyone concerned where it was made or who made it. A person with severe food allergies usually will ask before eating ( make all ingredients from your donation knowlegable) and there should be no problem.



I am not sure about other states but In California you are NOT allowed to accept money for home prepared edible items even as a donation. NO Money exchange period! Can't call it a donation , Can't get reimbursed for ingredients, and most organizations here can't even have bake sales or Cake walks. California is very strict. Although every time I go to the grocery store I am propositioned by some lady or her kids to sell Tamales that have been in an igloo cooler all day and pushed all over the parking lot for hours on end ! Just because its illegal it doesn't seem to stop most people here.
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post #79 of 133
So you need a business license and access to a commercial kitchen... I don't suppose the cake police are going to come to your home if you don't have these for ocassional baking! Lots of people are passionate about baking cakes -- especially when it comes to baking kids birthday cakes. But if you're earning a living baking kids cakes (or wedding cakes for that matter), you'd better come square with the IRS. You're half-baked if you don't. =-)
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birthday party ideas for kids from Alien to Zoo

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classic pony parties, barnyard party, pink cowgirl party and more
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post #80 of 133
I am often asked to do cakes for "stranger's" special occasions, because I work with gumpaste (flowers, etc.). However, I always turn them away. No license (to me) is like taking "work" away from someone else in the neighborhood, and I don't feel good about doing that. It is not the same as if I AM a business and therefore another bakery's competition. So I give my cakes away to friends and family only. If it's an occasion, then the cake becomes their gift. I would love to have a small specialty cake business in my kitchen, but I can't. About saving money to do something like that, well, the "dough" will have to come from some other means. (I just keep having to use my "bakery fund" to pay my bills! Arrrrgh!!!!) To the original poster and the rest of you, I do wish you the best of luck with your endeavors!
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* Gentleness isn't for the weak or the weak-minded. It's for the blessed who understand what grace is all about ~ Anonymous
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post #81 of 133
Quote:
Originally Posted by SugarLover3

I am often asked to do cakes for "stranger's" special occasions, because I work with gumpaste (flowers, etc.). However, I always turn them away. No license (to me) is like taking "work" away from someone else in the neighborhood, and I don't feel good about doing that. It is not the same as if I AM a business and therefore another bakery's competition. So I give my cakes away to friends and family only. If it's an occasion, then the cake becomes their gift. I would love to have a small specialty cake business in my kitchen, but I can't. About saving money to do something like that, well, the "dough" will have to come from some other means. (I just keep having to use my "bakery fund" to pay my bills! Arrrrgh!!!!) To the original poster and the rest of you, I do wish you the best of luck with your endeavors!



You've brought up a very interesting and important point SugarLover3.....I for one know how hard it is to compete with the unlicensed bakers in my area that can charge much less then me because they don't have the extra "business" expenses. It is frustrating for sure.

I hope you can someday have your specialty cake business....good luck to you!
post #82 of 133
Quote:
Originally Posted by dkelly

You've brought up a very interesting and important point SugarLover3.....I for one know how hard it is to compete with the unlicensed bakers in my area that can charge much less then me because they don't have the extra "business" expenses. It is frustrating for sure.



That's a problem around here too. Lots of times un-licensed people will make cakes for the cost of the ingredients, or ingredients plus $50. Then people come to me and wonder why I quoted them $350 for a 4-tier cake when their "neighbor's daughter could do it for $175."
Of course I match Wal-Mart's price on cake! :eyeroll:
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Of course I match Wal-Mart's price on cake! :eyeroll:
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post #83 of 133
Quote:
Originally Posted by dkelly

I for one know how hard it is to compete with the unlicensed bakers in my area that can charge much less then me because they don't have the extra "business" expenses.



So...if an unlicensed baker charges just as much as you do, you wouldn't have a problem with them then am I understanding that right?
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As long as people will accept crap, it will be financially profitable to dispense it.-Dick Cavett
I tried to think but nothing happened!-Curly
I've been temporarily distracted...be back when I lose interest!
Diana
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post #84 of 133
Yeah I got my butt handed to me one day on here because I thought someone was undercharging and she chewed me a new one about the folks in her neighborhood were underpricing her so bad.

I hope she felt better after that.
read the ingredient label

 

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read the ingredient label

 

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post #85 of 133
Quote:
Originally Posted by diamondsonblackvelvet13

Quote:
Originally Posted by dkelly

I for one know how hard it is to compete with the unlicensed bakers in my area that can charge much less then me because they don't have the extra "business" expenses.



So...if an unlicensed baker charges just as much as you do, you wouldn't have a problem with them then am I understanding that right?



If they would level the playing ground by getting licensed and charge accordingly, then I "wouldn't have a problem with them".

Making/selling an occasional cake is one thing, running a full fledged unlicensed business is another. That's where I take issue.

As HarleyDee pointed out it's impossible to compete with someone that's charging 50% less then her.

I have no problem with competitors as long as we're all on the same page legally.
post #86 of 133
Sometimes I wonder if other industries have the same problem.

For almost every kind of legit business there are people who are unlicensed/hobby who will do it from their homes for a customer who will pay them.

I could see how equally frustrating it would be for a seamstress, photographer, florist, etc to be constantly undercut by people working out of their homes.

I suppose that that's just part of business eh? You build up your image so that clients have more confidence going to a legit/licensed professional over a cheaper at-home alternative. I'd really think in the end it's almost two different client bases you're after. Hmm....
post #87 of 133
The friends or relatives I bake for would be getting their cakes at Walmart if I wasn't doing it for them. And I don't stretch the "friends" thing to include anyone I live near or who my kids go to school with, etc...when acquaintances ask for cakes, I suggest a bakery to them (unless they're a real PITA, then I suggest a home baker who I don't like).

What's really ironic is that I would love to work for a bakery, even a few hours a week, and can't find a job. That would be enough of a creative outlet for me.
post #88 of 133
Quote:
Originally Posted by Texas_Rose

[b](unless they're a real PITA, then I suggest a home baker who I don't like).




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post #89 of 133
Quote:
Originally Posted by Cheyanne25

Sometimes I wonder if other industries have the same problem.


Absolutely. My father in law ran a mechanic business for 60 years. He'd get people complaining about his cost because some neighbor guy who worked on cars in his back alley garage could do it for 1/3 of the price! FIL would start asking, "Are they insured if they do something wrong to your car? Will they stand behind the repair if it doesn't work? is your car covered by insurance if someone breaks into it and steals your radio while it's at this guy's place? Does he have a multi-thousand dollar lift so he can get under the car to fix it right? Did he invest in all of the computer equipoment needed to work on your model of car, like I have? Does he pay payroll taxes and property taxes and inventory taxes?" And so on and so on.
post #90 of 133
I live in a "big city" in California with multiple inspectors and I gave away cakes for four years because I wanted to be very sure I wasn't breaking the law.

However, I called the Health Department frequently during those four years trying to figure out a way to be legal. Three or maybe four different inspectors in two different counties basically told me that if I wasn't running a business I would be fine to sell to my family and friends. One inspector even told me that if I baked in my synagogue kitchen (which is unlicensed) and sold only to synagogue members, that that would be fine because it would be the same as selling to the family since we are all voluntarily a "group." Clearly the departments here recognize that they are here to regulate business and they don't consider being reimbursed by or selling to your "family" a business

Now that I am legal and in the process of buying a shop so I can stop renting space, I spoke with planning departments in 4 different neighboring cities about zoning. I want to be able to make cakes and pastries and also teach some classes that have been requested and have tea parties. In all four cities, for the places I was looking at, I was told I can bake, but not do the other two things because I would be in an industrial zone and parties and lessons are not within the use, for that I'd need retail space which I can't afford. However, all four plan check people told me pretty much the same thing" "You know we don't come out looking, so if it is occasional use and not the main part of your business, we'll never know" I find that very frustrating.....
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