(Topic ID: 57749)

oh oh! In trouble with the CITY for selling games on CL

By eXidy

10 years ago


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  • Latest reply 10 years ago by Gexchange
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    #16 10 years ago

    Took a look at the Parker, CO government site ... Found this link which outlines "home-based businesses" regulations - I believe you meet all of them?

    http://www.parkeronline.org/DocumentView.aspx?DID=1667

    Also, business license is $20 for Parker, CO ... seems like the easier route.

    #45 10 years ago

    There is no reason to be concerned about being zoned residential - you meet every single obligation to be a "home-based business" according to their own documents:

    http://www.parkeronline.org/DocumentView.aspx?DID=1667

    #46 10 years ago
    Quoted from absocountry2:

    I got a warning like that before about cars. I did a lot of flipping for fun because I liked the cars and did not want to see them taken to the Junk Yard. I went and told them it was a hobby. They asked how I could prove it. I told them they same way they could prove it was a business, there is none. Some states count title transfers, they did not and there was no magic # to be a dealer.
    Car repair was not what I did full time day to day so this was a hobby tied to my racing. They ended up taking my word on it. They left me alone and I was also able to see the info about the "complaint." It was a "friend" that I had helped many times. I did not help him any longer and he avoided me. I did not even have to say anything to him. I was not going to save somebody $100 hr on their car working on it for free if they were going to stab me and there was no way I could charge for it as a hobby.

    The easy way to prove something is a business is if it is profitable, or mostly profitable. I may think it's "fun" and a "hobby" to flip things on Ebay - but if I'm making money doing it - then pretty simple it's a business. If you fix things and give them away, or sell them at your original cost because it's fun, then it's a hobby. On the other hand, "fun" does not define a hobby as well - just because work is fun doesn't make it a hobby instead of a business.

    #47 10 years ago
    Quoted from playernumber4:

    Tell them to FO and write you a ticket. They have to prove in court that you are running a business out of your home. Bring in your tax return to show the judge you are not running a business. I've done code enforcement work for years since retiring from the PD and that charge against you would not hold up in court. We would not even be able to get a warrant authorization on it unless we could prove you had employees. I had one guy who had two commercial trucks (one in the garage and one parked in the driveway) at his house from 6 PM till 6 AM, and two of his obvious employees vehicles parked in the street during the daytime hours. I still could not get a warrant charging him with running a business out of his home. An allegation is one thing....having proof "beyond a reasonable doubt" is another. And once you get a business license you are just asking for more problems usually.
    Your are enjoying your "hobby" and have the freedom to move games about as you please. Just because a commercial truck might be dropping off games does not mean you are running a business. Your neighbors get furniture delivered from shippers don't they?
    Just remember....its your hobby. So the city will not be able to prove you are running a business unless one of the neighbors shows up to testify that you told them you do it for profit. One of your neighbors had to complain for the warning to be issued. Doubtful your neighbor would "out" themselves over it.
    Worst case scenario is renting a space somewhere. Once you get a business license you might have to show a tax return, get a tax ID number, prove insurance, start an LCC etc. And even with that your neighbor might call the IRS and allege you are evading taxes. And if the city changes it ordinances later to not allow a business license out of the home you are screwed. Nip it at the bud and tell the city to take you to court and prove it.
    Worst case scenario is what??? A $100 fine? I'd gamble on winning for a hundie.

    That's nice to say and all - but in reality - time is money. Is paying $20 for a business license actually worth all this time (possibly) invested in court, responding to notices, etc?

    #60 10 years ago
    Quoted from ChadTower:

    I'm still not seeing how selling 3-4 games a month is within the reasonable levels of buy/sell for a hobby. How could someone possibly be tired of a game a week to the point that it needs to be sold and replaced? How large of a collection does a person need to have before it requires that level of turnover to be fresh? I'm not saying I agree with the legal issues here but 3-4 games a month is probably toeing the line between hobby and business regardless of profitability.

    Yes ... and of course I have no idea if this is accurate, but if you're able to profit $500 on each machine, and 4 machines a month ... we're not talking about small amounts here - that's $24k/year in profit.

    #105 10 years ago
    Quoted from hlaj78:

    Of course they didn't want raw sewage in the storm drain. But I paid the township to inspect the original construction, they were by law supposed to conduct a smoke test at that time (which obviously they did not), and they approved the original installation in writing. Now six years later they want me to pay because they were negligent in performing their duties?

    6 years is a long time - what makes you think the problem did not develop during the last 6 years and for sure happened prior to that point?

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