The Back Alley Archives

For selling food without a permit?! FUCK THE STATE.

A little context would be nice. Is this a client of yours?

I could see that depending on the circumstances - I doubt the hot dog vendor on the street corner is getting popped for that high a fine.

A little context would be nice. Is this a client of yours?

Nah. I've been kicking around starting a niche food delivery service.

I could see that depending on the circumstances - I doubt the hot dog vendor on the street corner is getting popped for that high a fine.

True. I've been trying to find results of what they actually fined people in different circumstances.

you could, of course, just get a permit and not worry about it.

I have no interest in dealing with state licensing/permitting ever again.

then be prepared to pay the fine.

then be prepared to pay the fine.

Or serve up to a year in the County's kidnapping house for contempt of court, right?

I believe contempt is an M2...so it would be 60. up to a year if I"m wrong and it's an M1. you call it kidnapping, I call it proper.

I think it gets punished as a common law crime since the statute codifying the courts' power to punish contempt does nothing to classify contempt to any statutorily defined class of crime (F.S. 38.22 and F.S. 38.23). That would mean it's up to 12 months and a $500 fine.

I'm basing that conclusion off of Moorman v. Bentley, 490 So.2d 186 at 187 (FL 2nd DCA, 1986) which says, "While the contemptpower of Florida courts has been codified by statute, section 38.22, Florida Statutes (1985), there is no statute which defines the crime or establishes the punishment. However, the power of courts to punish for contempt was recognized at common law....Where there is no statutory provision to the contrary, the common law of England with respect to crimes is still in effect in Florida....The maximum period of imprisonment which can be imposed for conviction of a common law crime is twelve months." (citations omitted) http://scholar.google.com/scholar_case?case=14764874113088427563&hl=en&as_sdt=40004

I don't see anything in how that case has been cited to change that and it still looks like contempt hasn't been specifically classified as any particular level of misdemeanor.

A little context would be nice. Is this a client of yours?

Nah. I've been kicking around starting a niche food delivery service.

had no idea you were starting a niche food delivery service....can you describe your new business venture to us?

Not sure I'm going to do it if I can get fined up to $5k.

But the concept is basically "leftovers for lunch". I came up with the idea because pretty often when my mom takes leftovers from meals that I cook to her office for lunch everyone is jealous of how good her food is. I think I could deliver them for $5-6 and clear a decent profit if I didn't have to meet the State's bullshit requirements. I'd deliver them cold so the customer could just pop them into the microwave and eat. The plan for the menu was going to be really simple...a grilled meat (chicken, pork chop, beef tenderloin, etc), and choice of two sides, offering vegetables and starches.

Wait wait wait. You're going to sell leftover food? As good as your cooking may be, that doesn't sound too appetizing.

It'd be food cooked especially for the person according to their order, it'd simply be delivered cold for logistical/storage purposes since it's for their lunch.