Business License for Cake Decorating in California

I'm sending this message to everyone in all of the cake clubs that I
belong to, seeking advice from the experts before I take the
plunge. : )

Q: Do you operate a cake decorating business with a business
license? What did you have to do to obtain one? (i.e. do you rent a
commercial kitchen space?)

Q: In California, you cannot do any food prep of any kind from your
home, no matter how clean. Even if I wanted to re-do my whole garage
with stainless steel and a triple sink I couldn't do it -- a) I live
in a condo : ) and b) my residential area is not zoned for any
business.

Q: I've heard three solutions for this predicament so far. Which do
you think is best?
a) Get a business license to be a "personal chef" -- i.e.
pretend to be doing "catering" at clients' homes
b) Get a business license to teach cake decorating (which I will
be doing soon at a community education center) and pretend I don't do
cakes -- just teach.
c) Get a city business license, but not a county license/health
inspection. I know at least one decorator who's done this and never
been caught in 10 years of business.

Q: Have you ever been "caught" doing cakes from you home by the
Health Department? What did they do?

I appreciate all the info you can give me. Thanks!!

Laurie Clarke
laurie@clarke. net

Laurie, I am also in CA and have the same questions. I'd love to do custom cakes, but I just don't have the time/money to commit to starting a business. I have it in my "someday" file
Here's a bump for you, hopefully you'll get the answers you need, I'll keep checking back, I'm interested in the answers too!!

California is very restrictive. About the only legitimate option is to find rental space in small restaurants that are only open through lunch, or in exchange for baked goods for the restaurant.

your A,B,C options are all ways that require you to lie-none are viable in my opinion.

I don't know if California attaches penalties, but they would certainly make you stop.

I read somewhere that california can fine you for up to $5000.00 and 1 year of probation, and they will impound all your equipment. honestly I love making cakes, but personally I don't want to take the chance, also even if you lie and for one misterious reason someone gets sick from one of your cakes (with all resopects I'm sure you are very clean and professional) you are not cover by liability insurance and you can get sued.

I think you should rent a kitchen space but they are very limited in Cali. Where is Morgan Hill, Northern California?
I'm actually trying to convince some people to invest in a incubator kitchen space in my area, we have a culinary school here but the closest commercial kitchen rental is in LA and they charge allot. Not good for people just starting out.

Laurie I am in Contra Costa County, the rules and regulations from the county are the ones that really prevent doing cakes legally in your home. I have not heard of obtaining a city license without a county inspection if it involves the food industry, but maybe it's possible in the San Jose area. Have you considered working with a caterer who is legally licensed? Renting a space from them, or working alongside and sharing the expenses/income?

Well, this is bummer news for me too. I live in Orange County and had no idea that starting a cake decorating business would be that hard. I've just been doing them for friends, family & coworkers so far. But if I try to extend my services beyond them, I'd hate to have to worry about all these rules and regulations catching up to me.
Hope we find some answers soon!

I think if you are going to make and sell cakes out of your home, you should not draw attention to yourself by getting a business license. The likelihood of you getting caught grows as you expand and get your name out there. I would only work by word of mouth - no advertising, no business license, etc. I also saw you had a price list on your website. I would suggest not "advertising" prices on your site because then it is obvious you are selling cakes out of your home. All it takes is an inspector to see your site and give you a visit.

But realistically, would you ever get caught - probably not. Health inspectors in CA are few and far between and have a lot on their plate. They are not scoping out the little home businesses and trying to bust them. But if they get a complaint, they may show up at your door. I have no idea what the penilty would be.

I am in CA too, and am so disappointed about not being able to have a legit home business. People want to buy my cakes, but I just can't see risking it. I do not know of anyone who has been caught, but there was a thread on this site a few days ago about someone in Texas getting caught. They told her to stop, but did not attach any fines or anything (yet.)

I think if you really want to be "legal," find a place where you can rent out a kitchen by the hour. Good luck on whatever you decide to do. I sure wish there was an easy answer!

how about this?

http://mrcscatering.com/kitchen.shtml

how about this?

http://mrcscatering.com/kitchen.shtml

Oh this is perfect, this helps me soooo much! I am going to open a kitchen rental (in fact I go get my equipment Sunday Morning!) I am sooo glad I am not the only one. The insurance people I called all thought I was crazy and had never heard of such an idea!

Thank you thank you thank you thank you!

Thank-you to everyone who has posted!! This has confirmed so many of my thoughts and so much of my own research.

An associate who has a bakery business told me about her friend who had a home-based catering business. The health dept showed up at her home and poured detergrent on all of her food & supplies to shut her down immeidately. She had a catering job booked for that weekend.

Enough to keep me "Friends & Family" until I'm ready to rent a commercial kitchen!