Kerven Posted September 20, 2018 Share Posted September 20, 2018 I've been putting this off for a while in hopes that a solution would eventually dawn on me, but it seems the need to address it may be sooner than expected. It seems I have an odd situation here. I know about the types of business licenses, structures, taxes, etc. Fortunately, my city allows home based businesses to be run out of the home, however: No clients are permitted to visit the home. - That's ok, there would be no need for clients to visit. There will be no storage of any merchandise or equipment at the home. - This is the tricky part.* Less than 15% of the home will be utilized for business. - Not a problem. Only those individuals residing at the home may be utilized in the business. - Again, not a problem. No detached structures/signs may be utilized for the business. - Not really a problem, although, I wanted to eventually build a small shed-like structure as a workshop (I'm not crazy about FO fumes flooding the house) but I can make do without. There shall be no sale of merchandise from the home. - Uh-oh?** There shall be no food processing. - I'll make sure the warning labels include "not for consumption". JK * Ok, so about the merchandise and equipment. I think I have a workaround for that. Merchandise is things to be sold, right? So, if I make them, let them set a day or two, then transport them off-site before listing them for sale, that's not merchandise... right? I mean, they're not for sale until I put them up for sale, I guess. As for the equipment... that's going to be a problem, I think. However, I think there's unwritten fine print with that one since a phone, computer, hair dryer, lawnmower, etc. could technically be considered equipment utilized by the business, which would make just about any business in fault with that rule. ** If I store "merchandise" off-site and do my processing and packaging there, all the while my sales are being processed online on an out-of-state server... would that potentially conflict with this rule? I guess I could contact the commissioner of revenue about all of this, but city officials around here tend to be sticklers about these sorts of things, and the ordinances and guidelines within the city are terribly, terribly vague at times. I really don't want to have to make an appearance at a city meeting to seek clarification, although, a good argument can be made about the city alienating and repelling small businesses, which the surrounding cities embrace... and a city this small needs all the tax revenue it can get (highest real estate taxes in the area doesn't seem to be cutting it). Nor do I want to appear in court to fight it. What to do, what to do... Should I consult with a business attorney? Should I just go ahead with it and deal with it if something comes up? What is your advice? Quote Link to comment Share on other sites More sharing options...
Trappeur Posted September 20, 2018 Share Posted September 20, 2018 So who needs to know 1/2 the things that you supposed to not do? Trappeur 5 Quote Link to comment Share on other sites More sharing options...
Forrest Posted September 20, 2018 Share Posted September 20, 2018 I’m no expert here but I believe that as long as a candle is curing it is still in the manufacturing phase. Also I suspect by storage they mean product and equipment you aren’t using. As far as sales from the home that applies to people coming to your home to buy things. These rules are primarily made to keep home based businesses from disturbing the neighbors. So long as your business activities are transparent to your neighbors you shouldn’t have a problem. 2 Quote Link to comment Share on other sites More sharing options...
Kerven Posted September 20, 2018 Author Share Posted September 20, 2018 (edited) No one, really, but I just want to play it safe. I wouldn't put it pass some of our nosey neighbors to saying something. Somehow, city officials always catch word of whatever it is you'd rather them not know about. For example, someone I know received a letter from the commissioner of revenue's office about the potential operation of an unlicensed business out of their home... all because of a tax filing error. Years ago, a friend received a notice about signage because a personal vehicle with a business logo (the business was registered to that home address) was parked on the property. A disgruntled neighbor reported it. Edited September 20, 2018 by Kerven Quote Link to comment Share on other sites More sharing options...
MilosCandles Posted September 21, 2018 Share Posted September 21, 2018 I could even find anything in my town code that talks about this. Hmmmm Quote Link to comment Share on other sites More sharing options...
Jcandleattic Posted September 21, 2018 Share Posted September 21, 2018 23 hours ago, Kerven said: There shall be no food processing. - I'll make sure the warning labels include "not for consumption". JK I don't have a lot to add. Sorry. However, for the above quote: You think you are kidding, but I DO put that on my wax tarts, and on some of my soaps, especially the ones that have food type embeds, or look like cupcakes. You would be surprised (or at least I was) how many people think the stuff we sell is food. 3 Quote Link to comment Share on other sites More sharing options...
Kerven Posted September 21, 2018 Author Share Posted September 21, 2018 No way! It's soap... I could understand shoving a bar into a kid's mouth if they used foul language, if people still do it. But really, trying to eat bath and body products? Now, I'm wondering how many people have tried to eat sugar scrubs or used bath salts for flavoring. 😖 Quote Link to comment Share on other sites More sharing options...
Terry Posted September 21, 2018 Share Posted September 21, 2018 @MilosCandles Very cool logo! 2 Quote Link to comment Share on other sites More sharing options...
Jcandleattic Posted September 21, 2018 Share Posted September 21, 2018 2 hours ago, Kerven said: No way! It's soap... I could understand shoving a bar into a kid's mouth if they used foul language, if people still do it. But really, trying to eat bath and body products? Now, I'm wondering how many people have tried to eat sugar scrubs or used bath salts for flavoring. 😖 At my craft shows I ALWAYS always! get at least 1 person asking me what type of fudge my soap is. Always. I also get many many comments "looks just like little loaves or bread" or "looks/smells good enough to eat" or something similar. There is no limit to the lack of common sense the human race has. 1 1 Quote Link to comment Share on other sites More sharing options...
Kerven Posted September 21, 2018 Author Share Posted September 21, 2018 Now that you mention it, the wavy, swirled tops on soaps do look awfully similar to fudge. Like slices from The Fudgery. Great, now I want a bar of handmade fudge-scented soap. Not to taste... of course... 1 Quote Link to comment Share on other sites More sharing options...
Quentin Posted September 21, 2018 Share Posted September 21, 2018 On 9/20/2018 at 2:02 PM, Kerven said: Should I consult with a business attorney? Should I just go ahead with it and deal with it if something comes up? Attorney? Never. You're 2nd question? I'll just say this. Home business goes on all the time and there will be more and more with each passing day. Let THEM deal with it. On 9/20/2018 at 2:49 PM, Forrest said: So long as your business activities are transparent to your neighbors you shouldn’t have a problem. Exactly. What really bothers our friends in government is that they aren't getting their cut. I'm talking about taxes. They give it a nice name and call it something like a "privilege license". I have other names for it. 1 Quote Link to comment Share on other sites More sharing options...
Quentin Posted September 22, 2018 Share Posted September 22, 2018 On 9/20/2018 at 2:02 PM, Kerven said: Less than 15% of the home will be utilized for business. 15% you say? Will that be in square feet, cubic feet, millimeters, furlongs, hectares, sections or quarter-sections or in square miles, Mr. Mayor? How much of MY air space above MY house do I need to include in my report, Mr. or Mrs. Alderman? Now then, let's talk about the computer. When I (meaning Kerven) calculate using your 15% figure, does that include the entire desk or just the area where the feet of my monitor make actual contact with the desk, Madame Councilwoman? How many copies of my reports will I need to bring to the next City Council meeting? Oh yes, will the city provide an easel for my pie charts, aerial photographs and other graphics I'll be bringing or do I need to bring my own? [Editor's comment: This is too much fun! I could sit here till midnight. NOT!]. Just who will come and measure, by the way ? In Quentin's Castle, Quentin does the measuring. Don't ask these questions of the lady behind the counter at the planning board office. If she DOES happen to hear you out till you're finished, she'll just hand you a form, tell you to fill it out in blue or black ink only and say "That will be $250.00". Then with a smile on her face she'll add, "We take debit cards now, too." If Mr. Inspector ever does show up, he'll look at your big wax melter and say something like: "That's a nice turkey fryer ya got there. I bet you cooked up some big uns in that thing, ain't cha?" On 9/20/2018 at 2:50 PM, Kerven said: I wouldn't put it pass some of our nosey neighbors to saying something. Of course, they'll never tell you who complained. I say, no witnesses, no body, no murder weapon = no crime! On 9/20/2018 at 2:02 PM, Kerven said: Ok, so about the merchandise and equipment. I think I have a workaround for that. Merchandise is things to be sold, right? So, if I make them, let them set a day or two, then transport them off-site before listing them for sale, that's not merchandise... right? I like the way you think, Kerven. 1 Quote Link to comment Share on other sites More sharing options...
ScentedPleasurez Posted September 22, 2018 Share Posted September 22, 2018 Idk what people think. I had a guy ask me if he could eat my candles? The banana custard drove him crazy. He said it smelled like i mashed the bananas up in the wax .......... 3 Quote Link to comment Share on other sites More sharing options...
Quentin Posted September 24, 2018 Share Posted September 24, 2018 On 9/21/2018 at 1:28 PM, Jcandleattic said: You would be surprised (or at least I was) how many people think the stuff we sell is food. A credit to the quality you put out. 1 Quote Link to comment Share on other sites More sharing options...
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