... Better still would be Dunkin' Donuts giving him a franchise in Minnesota.
Dunkin' Donuts? bleh... If I want stale convenience store donuts, I can just go to a convenience store and pay a lot less.
.
November 04, 2019, 07:10 PM
tatortodd
quote:
Originally posted by Southflorida-law: Interesting issue. First, what are the FDA rules regarding shipping food intra and inter-state for resale? Is college boy following those rules, and do those rules apply to the "wholesaler"? What about the state laws regarding food transportation within the state and across state lines?
If KK knows (or should know) some guy is taking their food, "shipping" it across state lines for resale without following FDA protocols, then they could be liable to someone that later got sick.
If he had kept his mouth shut, no one is the wiser, but he clearly was proud of his "gray area" enterprise and now learned a valuable lesson.
Again, it is why is KK being such a dick, without any knowledge of what the laws are. But who knows, maybe there are no federal or state laws and KK is just being a dick?
I checked KK's website, and the Clive location participates in their fundraiser program. They'll sell 100 boxes of doughnuts (i.e. purchase amount in article), and they ask the organization none of your questions. For shits and giggles, I started an out of state order and the only two rules that you have to click a button agreeing to are:
that 100% of proceeds go to organization's purpose (e.g. soccer team raising money for new uniforms).
right before finalizing an order you have to agree to these T&Cs (once again, zero restrictions of how goods are transported or where sold):
Ego is the anesthesia that deadens the pain of stupidity
DISCLAIMER: These are the author's own personal views and do not represent the views of the author's employer.
"If you’re a leader, you lead the way. Not just on the easy ones; you take the tough ones too…” – MAJ Richard D. Winters (1918-2011), E Company, 2nd Battalion, 506th Parachute Infantry Regiment, 101st Airborne "Woe to those who call evil good, and good evil... Therefore, as tongues of fire lick up straw and as dry grass sinks down in the flames, so their roots will decay and their flowers blow away like dust; for they have rejected the law of the Lord Almighty and spurned the word of the Holy One of Israel." - Isaiah 5:20,24
November 05, 2019, 08:20 AM
El Cid 92
KK Donuts... only seem to be good when they are hot off the press. Otherwise, I'll take a pass.
Andrew
Duty is the sublimest word in the English Language - Gen Robert E Lee.
November 05, 2019, 08:30 AM
DonDraper
quote:
Originally posted by nhtagmember: once they sell a donut, what do they care?
I don't recall ever getting a warranty card with a donut so that is something happens after I buy it, I can get either replacement parts or a refund...
sounds to me like they have a D- lawyer working with them and needed to do something this year to stay on the payroll
-------------------- I like Sigs and HK's, and maybe Glocks
November 05, 2019, 08:40 AM
Rightwire
You see now.... There aren't any of them Krispy Kreme donuts in Minnesota don cha know...
And this enterprising young fella, yeah he was, thought maybe, maybe he had an idea. It was a darn good one don cha know.
So he brings them there donuts here, and that darn Krispy Kreme tells him he can't. Yeah they did.
So now he's in a pickle he is. Darn shame for that boy, darn shame. Not sure what to do but I'd sure like one of them donuts.
Pronoun: His Royal Highness and benevolent Majesty of all he surveys
343 - Never Forget
Its better to be Pavlov's dog than Schrodinger's cat
There are three types of mistakes; Those you learn from, those you suffer from, and those you don't survive.
November 05, 2019, 08:45 AM
a1abdj
I learned something odd.
Krispy Kreme allows third party delivery services like Grubhub, Doordash, Postmates, Ubereats, etc. They certainly don't fear any "liability" when these guys do it.
Originally posted by tatortodd:.I checked KK's website, and the Clive location participates in their fundraiser program. They'll sell 100 boxes of doughnuts (i.e. purchase amount in article), and they ask the organization none of your questions. For shits and giggles, I started an out of state order and the only two rules that you have to click a button agreeing to are:
that 100% of proceeds go to organization's purpose (e.g. soccer team raising money for new uniforms).
right before finalizing an order you have to agree to these T&Cs (once again, zero restrictions of how goods are transported or where sold):
The big distinction is the term "fundraiser" and 100% goes to the organization, the purchaser is not acting as a third party "wholesaler/reseller" like the kid in the article. And (again I am assuming) for the most part these fundraising purchases are not crossing state lines, but more local withing the city.
quote:
Originally posted by a1abdj: I learned something odd.
Krispy Kreme allows third party delivery services like Grubhub, Doordash, Postmates, Ubereats, etc. They certainly don't fear any "liability" when these guys do it.
Because (I would assume) those third parties are not reselling the food, nor are they crossing state lines to resell the food. They are merely delivering a product, for the most part, within a city or county.
November 05, 2019, 09:09 AM
a1abdj
quote:
Because (I would assume) those third parties are not reselling the food
Sure they are. You go directly to the third party's website (or app), place your order, and pay.
If the young man in this story wanted to play the same semantics, he's not reselling them either. Heck, he's giving them away for free. You only have to pay the delivery fee. Or maybe he's selling his "guide to good donuts" pamphlet, and you get a free dozen with every purchase.
quote:
nor are they crossing state lines
The only issue here, to my knowledge, is the collection of sales tax. Nothing that would impact KK at all.
There are all sorts of food related transactions that occur across state lines.
My fraternity sold KK for charity all the time. We'd pick up hundreds and resell them, they came in a fundraising box, not standard. All proceeds were donated to whatever we were raising for that month. Sweet bonus if they didn't all sell we got leftovers.
Jesse
Sic Semper Tyrannis
November 05, 2019, 11:00 AM
tacfoley
Apart from Timmy's, the only Do-nuts I touch come from Dooher's in Main Street, Campbellford, ON.
Nothing else comes close.
November 05, 2019, 11:59 AM
tatortodd
quote:
Originally posted by a1abdj:
quote:
Because (I would assume) those third parties are not reselling the food
Sure they are. You go directly to the third party's website (or app), place your order, and pay.
They definitely are selling for profit. In fact, KK’s website advises on pricing and the advice is charge double what they pay.
Another data point on state lines, the KK in Merriam (Kansas City), KS, is 1 mile from state line between Kansas and Missouri border. They have zero restrictions on fundraisers across the state line.
Once again, back to SFL’s original WAG that KK did this over food handling concerns and transporting across state lines. They have zero restrictions of that food handling or crossing state lines on these 100% profit fundraisers so it doesn’t seem logical that is the reason for the cease & desist to the college student in the article.
Ego is the anesthesia that deadens the pain of stupidity
DISCLAIMER: These are the author's own personal views and do not represent the views of the author's employer.
November 05, 2019, 12:01 PM
Turning_gal
I think instead of driving for 4 hours to buy donuts he could rent space in a church kitchen (approved by health dept), make the same amount of donuts on his own. Get a resale certificate from the state ($5 fee), pay sales tax and keep the profit to pay off his student loan. He already has the customer base, he just needs to learn how to bake a donut (youtube can help, I am sure) Would be nice if the kid can come out shining and KK just got a lot of bad publicity.
November 05, 2019, 12:22 PM
nhtagmember
just read where KK sent the student 500 boxes
apparently the backlash worked - not saying it was us, just the whole idea was enough to make them think twice about their position
Krispy Kreme relents: ‘The Donut Guy‘ is back in business
By DEANNA WENIGER | dweniger@pioneerpress.com | Pioneer Press PUBLISHED: November 4, 2019 at 5:22 pm | UPDATED: November 4, 2019 at 7:31 pm
After a whirlwind weekend of media attention, “The Donut Guy” is back in business.
Jayson Gonzalez, 21, of Champlin, said he has worked out a deal with Krispy Kreme Doughnuts that will allow him to sell their product in Minnesota.
“I am pumped to announce that I will be able to continue the business soon, and have the support of Krispy Kreme,” Gonzalez said in a Facebook post. “They want to ensure I become an independent operator and make sure the brand is represented well.”
Gonzalez had been running Krispy Kreme doughnuts in from Iowa since April to sell to Minnesota customers to put himself through college at Metropolitan State University in St. Paul. On Thursday, the doughnut giant called him and told him to “cease and desist” for liability reasons.
Gonzalez’s 4,000 plus Facebook followers on his “Krispy Kreme Run Minnesota” page went ballistic. Some called or emailed the corporate offices. Others sought legal opinions for him or offered business advice for work-arounds. Several went over to Krispy Kreme’s Facebook page and let them know what they thought about the decision.
“Shame on you, Krispy Kreme,” said one poster named Mary Rogers. “I am definitely rethinking my Krispy Kreme devotion.”
Krispy Kreme hasn’t had a store in Minnesota in 11 years, but they still have fans willing to pay twice the regular price to Gonzalez, who drove a weekly eight-hour round trip to pick them up in Clive, Iowa, a suburb of Des Moines.
“Thanks to shutting down that enterprising student who was buying 100s of boxes each week from Iowa,” said another poster named Thorin Schmidt. “I’m not gonna buy any more of your donuts.”
The news went national, and then international. Gonzalez said he’d gotten messages from all over the U.S. and even one from Singapore. Other media called. Radio stations wanted to interview him.
Late Sunday night, Krispy Kreme responded with two sentences they reposted over and over on Facebook to unhappy customers: “We’ve become aware of Jayson’s situation, which involves one of our well-intended shops, and are looking into this. We appreciate Jayson’s passion for Krispy Kreme and spirit as he pursues his education.”
On Monday, the company called Gonzalez and offered a sweet deal. He can continue as an independent operator, and to make up for his lost run, they would throw in 500 dozen free doughnuts.
“Our intent regarding the temporary stoppage of him selling doughnuts was to ensure product quality and regulatory compliance to protect both Jayson and Krispy Kreme,” the company said in a statement Monday. “Our main concern is that the doughnuts Jayson sells maintain our high product quality standards, given the distance and manner in which he is transporting and distributing them.”
The company also advised Gonzalez to comply with applicable state business laws. He said that would entail establishing himself as a limited liability company (LLC) and getting a retail mobile food license before delivering doughnuts again. The requirements could cost him nearly $500, he said.
Gonzalez’s fans couldn’t post enough celebratory GIFs and comments at the announcement, but now there was a new problem.
With all of the attention, his customer base has outgrown his Ford Focus. So, he’s hoping folks will help him get to the next step — purchasing a larger vehicle to transport up to 300 boxes. He’s taking donations on a GoFundMe page called “Krispy Kreme Vehicle Upgrade.”
November 05, 2019, 12:42 PM
Southflorida-law
quote:
Originally posted by Sigmund: ……. He can continue as an independent operator, ……… “Our main concern is that the doughnuts Jayson sells maintain our high product quality standards, given the distance and manner in which he is transporting and distributing them.”……….. The company also advised Gonzalez to comply with applicable state business laws. He said that would entail establishing himself as a limited liability company (LLC) and getting a retail mobile food license before delivering doughnuts again. …..”
Answers all the questions of KK's liability concerns. Note their labeling him as an "independent operator".
November 05, 2019, 02:14 PM
a1abdj
quote:
Answers all the questions of KK's liability concerns. Note their labeling him as an "independent operator".
Well that’s exactly what he was from the very beginning according to the law. Amazing how all of those liability issues vanished once KK used those words.
In fact, they required him to form a business entity & comply with other request. I’d argue that their liability is greater now than it was before seeing they are actually involved now and were not then.
Originally posted by shovelhead: There were guys in the 70's "bootlegging" Coors to Michigan and on their return trip to Colorado bootlegging Stroh's.
One of those guys bought a new Monte Carlo every year from the Chevy dealer I worked at, paid in cash. That was his work.
Wow, I remember Coors being a highly sought after item but had no idea Strohs(Detroit pisswater) was also in return.
In 1968 Coors was not sold east of the Mississippi River. At that time I was in the army at Ft. Huachucha ,AZ . Anyone that was from any state east of the Miss. considered Coors liquid gold. And when we were going home guys were throwing clothes and other items away so they could stuff their duffle bags with Coors beer. It was nuts.
November 05, 2019, 09:19 PM
BigCity
quote:
Originally posted by a1abdj:
quote:
Better still would be Dunkin' Donuts giving him a franchise in Minnesota.
His customers seem to prefer fresh donuts, not microwaved hockey pucks
No true. I love Dunkin and hate KK.
Outside of refusing to sell him donuts when he shows up, I don't think they can stop him from doing what he's doing.
John
The key to enforcement is to punish the violator, not an inanimate object. The punishment of inanimate objects for the commission of a crime or carelessness is an affront to stupidity.
