Legal Question in Business Law in Florida

Any attorney will say you need a business license, which is fairly easy to obtain, but may require a parent's name. If the cupcakes and cakes are made in a home kitchen, that will usually be a problem. You have to convert the home kitchen to a commercial kitchen and get the necessary permit(s). Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Every business in your city needs a business license and because you are dealing with food there may be additional requirements.

I suggest you go to your city's library and check out the books on how to start your own business in Florida because there are a lot of things to think about when starting a business. For example, what name are you going to use, should you register this business name, did you make sure you aren't infringing on a federal or state trademark, do you need a separate business location because of your city's zoning requirements, are you (or your co-owners) worried about personal liability?

Check this website for Hialeah business license and zoning information: http://tiny.cc/p70dw.

Good luck with your new business!

The Health Department will not permit someone to operate a place out of their house to cook food for sale. There also may be city zoning issues as well. So to do it legally you must get a store in a commercial area.

Nevertheless, some minors have done something like you want to do and sold it within a close group of people. Bake sales at school as an example. It kind of depends how big or small you are planning.