Butted heads with the Law & the Law won!!

[Kemper Morris]

I got the great idea that I would sit up & Sell BBQ. Got permission from the owner to sit up in the parking lot. Only 3-4 hours. Well Code Enforcement & the Police showed up & shut me down. No Permits!! Us Criminals are going to have to find something Legit. Everything was cooked & ready!! What a Waste!! Live & Learn!!

 

[Tim Campbell]

That s***s, Kemper

That's the rough equivalent of seeing a lemonade stand get shut down. Did you give the permit police any bbq?

 

[Scott Smith]

Sorry to hear that. I've worked as the janitor at some events at my church where the caterer is required to get a permit and an inspection on the night of the event for a one-night event. Not a big deal, but you do need to jump through some hoops ahead of time. Sometimes the inspector is more thorough, sometimes less. I never saw anybody fail or require remedial action.

 

[Ed P]

All it takes is one case of botulism to ruin your whole day. I worked with a guy that contracted hepatitis from feces in a salad when the employee at a restaurant didn't wash his hands after using the restroom. Gross to think about, but there is some nasty bacteria out there. Every week I get a list from the local paper of restaurants that are shut down because of failed health inspections.

Riverside County restaurants shut down by health inspectors, Aug. 10-17

Six facilities were ordered closed this week.

www.pressenterprise.com

 

[JKalchik]

That's the rough equivalent of seeing a lemonade stand get shut down. Did you give the permit police any bbq?

After thinking about this for a couple of minutes...... I think that I'm gonna stand on the other side of the fence. And that I don't consider this the equivalent of shutting down a kid's lemonade stand. I've had several people ask me if I'd consider a side job smoking food, and first, that becomes a job, and second, is pretty much going to require scrutiny by the Health Department.

I'd expect pretty much every commercial food service to get inspected and permitted. Like @Ed P says, all it takes is a single accident. If you're taking compensation for cooked food, the State is going to want to "protect" its people. I've eaten in some sketchy restaurants, none quite to the point that I'll turn around and walk out, but certainly places where I'm only gonna consider eating food that's well heated through. Yes, I know, botulism kills by a toxin, not the bacteria. I'd also make sure that I've got a significant insurance policy to cover this. And even if you don't have an issue, these days, I see a serious risk of somebody looking for a free buck. I won't risk losing everything for that. In short.... it has to be a fully commercial endeavor.

Having said that...... if you're really looking to get into this, look into setting up a booth at a local farmer's market or the equivalent. There may be ways of getting recognized as a boutique producer to avoid attracting the attention of the Man.

 

[Tim Campbell]

Lol. My neighbor's kids got their stand shut down because they didn't file a permit, not because of food standards.

 

[Tim Campbell]

They're 7 and 11. It's freaking iced tea and lemonade.

 

[ChuckO]

Meanwhile people are smashing car windows and stealing stuff in broad daylight and nobody does anything about that. Go figure

The cook did look great though

 

[Tim Campbell]

Meanwhile people are smashing car windows and stealing stuff in broad daylight and nobody does anything about that. Go figure

The cook did look great though

No doubt.

They sent 3 cops to close the girls' stand.

 

[Fred Smith]

It's easy to enforce the law on non dangerous individuals aka working man.

 

[Ed P]

Lol. My neighbor's kids got their stand shut down because they didn't file a permit, not because of food standards.

Like it or not, we all give up certain freedoms to be a part of a society. Our dogs aren't allowed to bark all night or freely roam the neighborhood, we can't blare our music at any and all hours, we can't let our 6yo drive a car unsupervised, Some kids may think it's great fun to spit or pee into the lemonade and watch unsuspecting people drink it, but it's up to our elected or appointed officials to prevent that from happening. We've all seen the videos of people peeing into the coffee pot or taking a bath in the dishwashing sink, right?

The public interest supercedes the individual's interest in this case, unfortunately. The permit is there to create a paper trail. No, they are not going to watch to see if someone spits in the lemonade, but if someone gets sick from it...

 

[BFletcher]

Keep your spirits high, Kemper; you make great food and do lots to help your neighborhood and I know it is deeply appreciated.

 

[Fred Smith]

I would use this opportunity to make it right. The pictures of the food look great and your setup, signage and work speak for themselves. Get your license, permit etc and get back at it.

 

[Scott Smith]

I would use this opportunity to make it right. The pictures of the food look great and your setup, signage and work speak for themselves. Get your license, permit etc and get back at it.

I agree with this 100%. I would buy your food. Once you get on the right side of it, things like permits work for you. They serve as barriers to entry to any competitors out there. In general, you want to be in the highest barrier to entry businesses you possibly can. Other than the legal side, it appears that yo are 100% ready for this.

 

[JeffG]

Unfortunate Kemper, food looks legit though. Darn shame.

 

[Chris Allingham]

Yes, this does serve as a good reminder to everyone that generally you can’t cook and sell food to the public without a permit or one of those home-based food licenses that some states have. @Bob Bass can attest to the fact that at many bbq competitions, teams can’t give away leftovers to the public, and for events where teams do cook and serve bbq samples, there is some sort of minimal permit requirement with the county.

So Kemper, you just take your lumps, chalk it up to experience, and move forward making great barbecue! If you become a successful bbq entrepreneur someday, you’ll have a great story…”Did I ever tell you about the first time I tried to sell barbecue?”

 

[EricV.]

Well said, common sense 101.

 

[Ed P]

Well said, common sense 101.

As always, moderated with a gentle touch when possible. Thanks for being the voice of reason, Chris.