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	Comments on: Unlawful for hardware store to give customers free coffee and doughnuts	</title>
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	<link>https://www.overlawyered.com/2010/03/unlawful-for-hardware-store-to-give-customers-free-coffee-and-doughnuts/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Sat, 06 Mar 2010 17:25:49 +0000</lastBuildDate>
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		<title>
		By: rolf		</title>
		<link>https://www.overlawyered.com/2010/03/unlawful-for-hardware-store-to-give-customers-free-coffee-and-doughnuts/comment-page-1/#comment-84616</link>

		<dc:creator><![CDATA[rolf]]></dc:creator>
		<pubDate>Sat, 06 Mar 2010 17:25:49 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=16325#comment-84616</guid>

					<description><![CDATA[Under Calcode 113789.(c) &quot;Food Facility&quot; does not include any of the following:(5) Premises set aside for Wine Tasting as long as no food is served  except for crackers.   I suggest to Elizabeth Huff  from the County Environmental Health Division ,  that since no coffee and donuts are allowed , maybe it would be better to set up a wine tasting location at B and B  Do it Center.

Now let&#039;s study Calcode  
 113739 &quot;Beverage&quot;  liquid including water
 113781 &quot;Food&quot;   beverage
 113789 &quot;Food Facility&quot;   (1) an operation where food is consumed on or off premises,regardless of whether  there is a charge for the food.

Therefore any operation that  has  water to drink by Calcode definition is  considered a Food Facility  requiring permits , food prep area, stainless sinks etc.

I do not believe that that was the intent of Calcode  and I believe  this Code needs to be further evaluated . The code is too broad as can be seen by this example.]]></description>
			<content:encoded><![CDATA[<p>Under Calcode 113789.(c) &#8220;Food Facility&#8221; does not include any of the following:(5) Premises set aside for Wine Tasting as long as no food is served  except for crackers.   I suggest to Elizabeth Huff  from the County Environmental Health Division ,  that since no coffee and donuts are allowed , maybe it would be better to set up a wine tasting location at B and B  Do it Center.</p>
<p>Now let&#8217;s study Calcode<br />
 113739 &#8220;Beverage&#8221;  liquid including water<br />
 113781 &#8220;Food&#8221;   beverage<br />
 113789 &#8220;Food Facility&#8221;   (1) an operation where food is consumed on or off premises,regardless of whether  there is a charge for the food.</p>
<p>Therefore any operation that  has  water to drink by Calcode definition is  considered a Food Facility  requiring permits , food prep area, stainless sinks etc.</p>
<p>I do not believe that that was the intent of Calcode  and I believe  this Code needs to be further evaluated . The code is too broad as can be seen by this example.</p>
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		<title>
		By: Rliyen		</title>
		<link>https://www.overlawyered.com/2010/03/unlawful-for-hardware-store-to-give-customers-free-coffee-and-doughnuts/comment-page-1/#comment-84501</link>

		<dc:creator><![CDATA[Rliyen]]></dc:creator>
		<pubDate>Thu, 04 Mar 2010 15:49:07 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=16325#comment-84501</guid>

					<description><![CDATA[Thank God I don&#039;t live there, but in Louisiana: where the Saints are champs and the food is tasty, regardless on where it&#039;s prepared.]]></description>
			<content:encoded><![CDATA[<p>Thank God I don&#8217;t live there, but in Louisiana: where the Saints are champs and the food is tasty, regardless on where it&#8217;s prepared.</p>
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		<title>
		By: gitarcarver		</title>
		<link>https://www.overlawyered.com/2010/03/unlawful-for-hardware-store-to-give-customers-free-coffee-and-doughnuts/comment-page-1/#comment-84470</link>

		<dc:creator><![CDATA[gitarcarver]]></dc:creator>
		<pubDate>Thu, 04 Mar 2010 00:15:59 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=16325#comment-84470</guid>

					<description><![CDATA[My problem is that the officials said that they wouldn&#039;t have bothered to the store for the donuts and coffee.  It was only when some guys were demo-ing a grill that the donuts and coffee became &quot;illegal.&quot;  Then they found that &quot;candy&quot; being sold was suddenly illegal as well.  

I have never been in a locally owned hardware store that doesn&#039;t have some sort of candy or pre-packaged foodstuffs (like Slim-Jims) at the counter.   Frankly, it is part of the charm.  I walk into my locally owned store and the people there welcome me by name.  I walk into Lowes and the person wants to know if I want to sign up for a Lowes&#039; credit card.   

If the coffee, donuts and candy were acceptable prior to the barbeque complaint, they are acceptable now.  Anything else reeks of &quot;OOO&#039;s&quot; (overly officious officials).]]></description>
			<content:encoded><![CDATA[<p>My problem is that the officials said that they wouldn&#8217;t have bothered to the store for the donuts and coffee.  It was only when some guys were demo-ing a grill that the donuts and coffee became &#8220;illegal.&#8221;  Then they found that &#8220;candy&#8221; being sold was suddenly illegal as well.  </p>
<p>I have never been in a locally owned hardware store that doesn&#8217;t have some sort of candy or pre-packaged foodstuffs (like Slim-Jims) at the counter.   Frankly, it is part of the charm.  I walk into my locally owned store and the people there welcome me by name.  I walk into Lowes and the person wants to know if I want to sign up for a Lowes&#8217; credit card.   </p>
<p>If the coffee, donuts and candy were acceptable prior to the barbeque complaint, they are acceptable now.  Anything else reeks of &#8220;OOO&#8217;s&#8221; (overly officious officials).</p>
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		<title>
		By: Richard Nieporent		</title>
		<link>https://www.overlawyered.com/2010/03/unlawful-for-hardware-store-to-give-customers-free-coffee-and-doughnuts/comment-page-1/#comment-84467</link>

		<dc:creator><![CDATA[Richard Nieporent]]></dc:creator>
		<pubDate>Wed, 03 Mar 2010 23:18:29 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=16325#comment-84467</guid>

					<description><![CDATA[&lt;i&gt;Perhaps. But you might have a different opinion if you read some of Bill Marler’s blogs on food poisoning.&lt;/i&gt;

From coffee and donuts? You are missing my point. I was only commenting on their heavy-handed regulation of free coffee and donuts and not on the regulation of meat or other food processing facilities. Nobody disputes the need for health regulations for these industries.]]></description>
			<content:encoded><![CDATA[<p><i>Perhaps. But you might have a different opinion if you read some of Bill Marler’s blogs on food poisoning.</i></p>
<p>From coffee and donuts? You are missing my point. I was only commenting on their heavy-handed regulation of free coffee and donuts and not on the regulation of meat or other food processing facilities. Nobody disputes the need for health regulations for these industries.</p>
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		<title>
		By: ras		</title>
		<link>https://www.overlawyered.com/2010/03/unlawful-for-hardware-store-to-give-customers-free-coffee-and-doughnuts/comment-page-1/#comment-84466</link>

		<dc:creator><![CDATA[ras]]></dc:creator>
		<pubDate>Wed, 03 Mar 2010 23:14:16 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=16325#comment-84466</guid>

					<description><![CDATA[Aw, c&#039;mon guys, just give the kids free condoms with the food and you&#039;ll be home free, right?]]></description>
			<content:encoded><![CDATA[<p>Aw, c&#8217;mon guys, just give the kids free condoms with the food and you&#8217;ll be home free, right?</p>
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		<title>
		By: Todd Rogers		</title>
		<link>https://www.overlawyered.com/2010/03/unlawful-for-hardware-store-to-give-customers-free-coffee-and-doughnuts/comment-page-1/#comment-84464</link>

		<dc:creator><![CDATA[Todd Rogers]]></dc:creator>
		<pubDate>Wed, 03 Mar 2010 22:37:57 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=16325#comment-84464</guid>

					<description><![CDATA[All these guys need to do is erect a highly visible sign which reads something like &quot;Local Brotherhood of Hardware Sellers - LBHS - 1234&quot; and the quasi-gov&#039;t thugs will look the other way.]]></description>
			<content:encoded><![CDATA[<p>All these guys need to do is erect a highly visible sign which reads something like &#8220;Local Brotherhood of Hardware Sellers &#8211; LBHS &#8211; 1234&#8221; and the quasi-gov&#8217;t thugs will look the other way.</p>
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		<title>
		By: Eric T		</title>
		<link>https://www.overlawyered.com/2010/03/unlawful-for-hardware-store-to-give-customers-free-coffee-and-doughnuts/comment-page-1/#comment-84463</link>

		<dc:creator><![CDATA[Eric T]]></dc:creator>
		<pubDate>Wed, 03 Mar 2010 22:36:35 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=16325#comment-84463</guid>

					<description><![CDATA[&lt;i&gt;They are just petty bureaucrats who get their jollies by given businesses a hard time. They don’t even have the “excuse” that it’s for the children.&lt;/i&gt;

Perhaps. But you might have a different opinion if you read some of  Bill Marler&#039;s blogs on food poisoning.]]></description>
			<content:encoded><![CDATA[<p><i>They are just petty bureaucrats who get their jollies by given businesses a hard time. They don’t even have the “excuse” that it’s for the children.</i></p>
<p>Perhaps. But you might have a different opinion if you read some of  Bill Marler&#8217;s blogs on food poisoning.</p>
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		<title>
		By: mojo		</title>
		<link>https://www.overlawyered.com/2010/03/unlawful-for-hardware-store-to-give-customers-free-coffee-and-doughnuts/comment-page-1/#comment-84461</link>

		<dc:creator><![CDATA[mojo]]></dc:creator>
		<pubDate>Wed, 03 Mar 2010 21:30:52 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=16325#comment-84461</guid>

					<description><![CDATA[Well, I don&#039;t think Mom had a food-handling license. Maybe I oughta shop the old biddy to the health nazis...]]></description>
			<content:encoded><![CDATA[<p>Well, I don&#8217;t think Mom had a food-handling license. Maybe I oughta shop the old biddy to the health nazis&#8230;</p>
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		<title>
		By: Ed		</title>
		<link>https://www.overlawyered.com/2010/03/unlawful-for-hardware-store-to-give-customers-free-coffee-and-doughnuts/comment-page-1/#comment-84457</link>

		<dc:creator><![CDATA[Ed]]></dc:creator>
		<pubDate>Wed, 03 Mar 2010 17:48:44 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=16325#comment-84457</guid>

					<description><![CDATA[&quot;The family-run hardware store has been serving customers free coffee for 20 years and doughnuts for the past six or seven years, owner Randy Collins said Tuesday.

Collins said employees were only promoting the store’s new barbecue smoker by cooking the meat in front for a few hours on Saturdays.

“We were only doing it a month or two,” Collins said. “Customers would ask for samples, and frankly the employees just did not realize they were doing anything wrong. That caused the complaint, and we stopped it as soon as the Health Department came in.”

When Collins was told the doughnuts and coffee also had to go unless he made various changes to his store — including putting in a new three-compartment sink, a refrigerator and approved flooring — he decided to stop the free caffeine and sweet treats, he said.

Collins said he also was told to stop selling candy.&quot;

So the initial report was for BBQ, but the fine was for the doughnuts and coffee. 
The last line is interesting.

I guess that the barber can no longer give out gum to the kids after a haircut, and no suckers at the bank or the doctor&#039;s office.

I wonder if the county office building has doughnuts or coffee in the break room......]]></description>
			<content:encoded><![CDATA[<p>&#8220;The family-run hardware store has been serving customers free coffee for 20 years and doughnuts for the past six or seven years, owner Randy Collins said Tuesday.</p>
<p>Collins said employees were only promoting the store’s new barbecue smoker by cooking the meat in front for a few hours on Saturdays.</p>
<p>“We were only doing it a month or two,” Collins said. “Customers would ask for samples, and frankly the employees just did not realize they were doing anything wrong. That caused the complaint, and we stopped it as soon as the Health Department came in.”</p>
<p>When Collins was told the doughnuts and coffee also had to go unless he made various changes to his store — including putting in a new three-compartment sink, a refrigerator and approved flooring — he decided to stop the free caffeine and sweet treats, he said.</p>
<p>Collins said he also was told to stop selling candy.&#8221;</p>
<p>So the initial report was for BBQ, but the fine was for the doughnuts and coffee.<br />
The last line is interesting.</p>
<p>I guess that the barber can no longer give out gum to the kids after a haircut, and no suckers at the bank or the doctor&#8217;s office.</p>
<p>I wonder if the county office building has doughnuts or coffee in the break room&#8230;&#8230;</p>
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		<title>
		By: wfjag		</title>
		<link>https://www.overlawyered.com/2010/03/unlawful-for-hardware-store-to-give-customers-free-coffee-and-doughnuts/comment-page-1/#comment-84454</link>

		<dc:creator><![CDATA[wfjag]]></dc:creator>
		<pubDate>Wed, 03 Mar 2010 17:09:57 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=16325#comment-84454</guid>

					<description><![CDATA[So,  if my kids&#039; pediatrician gives them a sucker, after giving them shots required for school, to &quot;help make the ouchie go away,&quot;  these fools are going to show up and close down the doctors&#039; office?]]></description>
			<content:encoded><![CDATA[<p>So,  if my kids&#8217; pediatrician gives them a sucker, after giving them shots required for school, to &#8220;help make the ouchie go away,&#8221;  these fools are going to show up and close down the doctors&#8217; office?</p>
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