Cupcake-Selling Boys Shut Down by Cops Speak Out
Filed under: In The News
Andrew DeMarchis got busted for his bake sale. Credit: David McGlynn
If their names sound familiar, it's probably because DeMarchis and Graff made the news this week, their story spreading like wildfire on the Internet, after a city councilman tattled on them to police for selling cupcakes in a local park without a permit.
The boys, eighth graders at Seven Bridges Middle School, have deservedly been described by the media as entrepreneurs; but, at heart, they're a couple of young teens who -- like many kids -- have big dreams and are willing to work hard to make them come true.
"We wanted to earn money to buy a hot dog cart or a food truck," Graff tells ParentDish. "That's why we were selling cupcakes in the park."
DeMarchis tells ParentDish the plan was hatched by a third friend, Zachary Bass, who was not in the park with them the day their business was shut down.
"Our friend Zach had gone to look at trampolines with his family one day when he saw a hot dog cart," DeMarchis tells ParentDish. "So he had the idea that could save up to get a hot dog cart and make a lot of money like those people in New York City."
Together, the three boys, along with another friend, Daniel Katz, made plans to set up a stand on the first Saturday in October in Gedney Park, located near the boys' homes. Selling homemade cupcakes, Rice Krispies treats, brownies and cookies for $1 each, their first day was a great success, yielding $120 in sales, Graff tells ParentDish.
The following Sunday fell on Columbus Day weekend, and the boys were prepped for another good day, though only DeMarchis and Graff were available to work. Graff says he whipped up a batch of chocolate-frosted vanilla cupcakes and chocolate brownies, while DeMarchis baked Rice Krispies treats and chocolate chip cookies-on-a-stick, his mom's specialty.
"I think people really liked the cookies on a stick because they were different, but everything we made sold pretty well," DeMarchis says.
DeMarchis's mom, Suzanne DeMarchis, dropped the boys off at the park and went to get them some lunch while they settled in.
"We set up a stand next to the entrance to the park," Graff says. "As people walked by, we told them we had cupcakes and stuff for sale and they thought it was great."
Graff says, at one point, a man walked by with his wife and two little kids and asked the boys what they were doing.
"He came up to us and asked what we were selling for," DeMarchis says. "We told him we wanted to start our own business, to be entrepreneurs."
"He said 'That's great' and told us he would come back and buy something, but left to make a phone call," Graff says. "Andrew and I joked: 'This guy's great, he's going to call all his friends -- we're going to make a lot of money.' But he never came back and bought anything."
When a police car pulled up soon after, the boys thought something must have happened at the park. DeMarchis says he made a joke and hid behind a tree like he was avoiding being apprehended. But when the officer came over to their stand, DeMarchis came out from behind the tree.
Graff says the officer asked them if they had a permit. When they said no, he asked them if they were working with the PTA or Boy Scouts, because those groups don't need permits to sell at the park.
When the boys explained they were there selling on their own, the officer told them, "You need a permit, so I'm going to have to shut you down," Graff says.
"The policeman was really nice," DeMarchis adds. "He didn't want to tell us to close up, but he had to."
So the boys closed up shop and headed home, shaken by the incident.
"Kevin was so upset, he was crying all the whole way home. He was worried if he was going to get arrested or have a criminal record," Suzanne DeMarchis tells The Journal News, the local Westchester County, N.Y., newspaper that broke the story when, a few weeks after the incident, a DeMarchis family friend contacted the newspaper.
The Journal News filed a New York State Freedom of Information Law (FOIL) request for the police report. That's when the families found out it was New Castle Councilman Michael Wolfensohn, a town board member, who filed the complaint against the boys -- the man the boys spoke to at Gedney Park.
Graff says he was puzzled when he found out what had happened.
"I was thinking in the back of my head, 'Why did he call the police? Why didn't he just tell us himself that we needed a permit?' " he says.
Despite the incident and ensuing media frenzy, the boys say they harbor no ill will against Wolfensohn. But they do think it's ridiculous that they would have to pay a minimum of $175 for a two-hour vending permit, and provide the city with a $1 million certificate of insurance, just to sell cupcakes in the park.
In an interview this week, Wolfensohn, a Democrat first elected to the Town Board in 2007, tells The Journal News, "Thanks to you, I am the most hated person."
The newspaper says he did not want to talk about what he described to them as a "non-event" that turned him into an "Internet pariah around the world." But Wolfensohn did call the Journal News back to comment further.
"I'm overwhelmed by the amount of negative e-mail and threats that myself and my family have received over what was basically a lack of communication. In hindsight, I should have spoken to the boys," Wolfensohn tells the newspaper. "But by the same token, the parents should have spoken to me or the town if they felt I acted in an unreasonable fashion, instead of going to the press."
"I feel bad for the councilman," DeMarchis says. "But I'm angry about this law."
The incident has brought the boys to extend some advice to kids who may be looking to start their own businesses.
"They should keep trying. Even if it's not happening for them ... they shouldn't let little things stop them," Graff says.
And, DeMarchis, adds, know the rules.
"No matter what you're going to do, you should check with the town and make sure you have all the required things to do it," he tells ParentDish. "And I would say you should try even if you heard this story."











ReaderComments (Page 1 of 39)
11-19-2010 @ 11:30PM
Jer said...EMMA, what the hell does your comment have to do the kids selling cup cakes?.......You must work for one of those penny auction scammers!
11-19-2010 @ 8:07PM
Dee said...For all taxes we all pay here in Westchester, these kids should be allowed to bake in the park. Good kids getting a bad rap....hummmm...and the drug dealers run free..something is so wrong here.
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11-19-2010 @ 8:13PM
Sin D Fetish said...Go rob banks then kids...guess THATS OK
11-19-2010 @ 8:45PM
lindsey said...So, I guess if some kids set up a stand selling porno mags, you'd be ok with those cute little guys as well? What the boys were doing is illegal, and they're 13 not 5, it's not sad story. It's not even all that interesting. The parents should have had the good sense to know the boys couldn't do that. And the fact that a stranger called the proper authorities instead of act on his own authority to two children is commendable.
11-19-2010 @ 9:35PM
Julie said...Seriously, I can not believe the comments equating what these kids did with robbing a bank and selling porno. Secondly, the man was not a stranger; he was a counsilman which is different! At the very least, the man should not have told the kids it was great and that he would return to buy something! Thirdly, we want to teach kids about hard work and setting goals. These kids are trying to put that into their life now and are being punished. With that said, we also want them to learn that their are rules in every society about how to do things. Perhaps, the counsilman could redeem himself by heading up an effort to create a kid's permit that it isn't as much so that kids and teens can learn something that is actually applicaple the world they live in. The costs of that permit is rediculous and the insurrance is insane! If the scouts and PTA don't need insurrance than neither should these kids!
11-20-2010 @ 1:17AM
louis said...That councilman should be strung up , what the hell is the matter with him... They are kids trying to better them selfs , that wern,t out there dealing drugs. I just can,t believe this , what the hell is thus country coming to when a couple of kids can,t try to make a little money .. In the past kids could set up lemenade stands . That councilman should have more important things to do than bust a couple of kids selling cupcakes .. WHAT A JERK!!!!!
11-19-2010 @ 10:05PM
rur0un1x said...@lindsey I'm sure there are some exceptions to what you can sell. Which is probably why they would "need" a permit from the city. Under the table sales happen all the time, but from this article it didn't seem like the boys were trying to do anything "bad".
11-19-2010 @ 10:53PM
Kristen said...@lindsey hey, how much did you know about business permits when you were 13? And trying to compare a couple of kids selling cupcakes to raise money for an actual goal to someone selling porn? What planet are you living on? That guy TOTALLY did they wrong thing by calling the cops. He should could have just told the kids that they needed to make sure they went through the proper channels before they came out again. By calling the cops, all he did was prove to everyone that he obviously doesn't have the balls the do the right thing, and let's all hope he doesn't get re-elected to his position. If I were those kids' parents, I'd be encouraging them til the sun goes down for doing something other than sitting in front of a freaking TV, getting fatter by the millisecond, and asking Mom and Dad for money like 99% of kids do these days. Kudos to them, and WAKE UP and stop being so damn hateful to lindsey
11-19-2010 @ 11:23PM
pat said...This is insane!!! So what let them sell what they want. They had probabably been better sellling drugs, making more money and have the councilman as a client. But really what is next???? Handcuff children who sell koolaide or every brownie or girlscout with their cookies...Next time that councilman runs for re election..find one of his pamphlets in your mail box or on your steprs and report him for mail fraud and throw his ass in jail on a felony charge.
11-19-2010 @ 11:27PM
yourmother said...@lindsey - Why haven't you died yet?
11-20-2010 @ 12:33AM
WSparks said...I guess the little girls and boys who have lemonade or Kool-Aide stands in their front yards should pay the same fees and insurance requirements as the vendors who set up in hot dog carts on major intersections across America. What happen to supporting our youth to keep them occupied and out of trouble, trying to come up with ideals for them. There has to be a cut off point for kids who are just trying to make a buck to buy a cart or bike or some toy. This is a type of education that we are now depriving our up and coming dreamers to be.
11-20-2010 @ 12:44AM
nonya bizness said...@lindsey "Commendable." Wow, four syllables. Never thought a heartless female could even think of words so long. Oops, sorry, maybe that a stereotype? (thinking that contemptible people are...not completely stupid, but not smart enough to use common sense and/or realize other peoples' feelings)
But seriously, comparing a 5yr old and a 13yr old isn't too damning. Kids at both ages are seriously undeveloped emotionally. How could a 13yr old know it was illegal to sell their own baked goods just to earn a little extra money (isn't it the basic idea for kids to start lemonade stands or sell pet rocks)?
And I don't blame the parents for not stopping them either, how could they know? It's only recently that such ridiculous notions of children needing licenses or permits for little projects such as their cupcake stand, are popping up.
I don't know who killed your inner child, Lindsey, but you should try sympathizing with actual human beings. I'm betting it'll be a lot less lonely for you.
11-20-2010 @ 1:39AM
RD said...Hey bottom line here is that the councilman was a total ass. All our communities have vendor permit laws but they are enforced with some sensable logic. Even though these laws are on the books people can have yard sales and even sell hot dogs and such, kids can set up lemonaide stands and so forth, go door to door to do odd jobs for people like cutting their lawns or shoveling snow, all which if you go by the letter of the law should not be allowed because in order to do these things the kids should all have to get the proper state and local business licenses in order to set up. Everyone knows full well kids can't do that. My own daughter provides babysitting services for people for which some people pay her pretty darn well for but you can't expect a high school student to get a business permit to do this kind of money earning jobs. Let's get real, this councilman most likely did some of the same things when he was a kid, he's just being a typical Dem prick cause these little kids were earning a little money and didn't bay their $175 for a permit and secure a $1 million insurance policy. :-|
11-20-2010 @ 2:09AM
Kodi said...@ lindsey, honestly you should re-read this story prior to posting for proper facts. it was the councilman who called the boys in.
@ everyone else, regardless of how adult you are, these are kids. kids with innocent ideas and naive to the adult world. if you think they should know better, go stay hiding in your bureaucratic hole and shut the hell up. clearly you've never lived in a rural setting, been to a slow southern town or have even experienced the joys of life.
@ said councilman, the paper didn't make you the most-hated man on the internet, you did. it's rather simple. you took an action, you got a reaction. not our fault you're a poor judge of choices. they weren't hurting no one. you just couldn't leave well enough alone.
11-20-2010 @ 3:06AM
jdrenn97031 said...Graff, Everyone wants a piece of the pie($). I have had a private catering company for the past 23 years. I am [according to the law in my area] I am allowed to cater to Private events/on Private Property/Events not open to the general public and by invitation only with NO special "catering permits". All of a sudden this week I was told after 23 years in business as a Corporation, that I am not allowed to cater without a Restaurant licence. Its is all because our County and Cities are broke and need money...Did you know that you can sell any "Non Potentially Hazardous" baked goods (cupcakes/brownies without a license) Go back out there and don't sell anything, just ask for a donation... See what happens... The worst they can do to you is shut you down again. Have your parents go with you this time.. Stand up for yourself. As my attorney said "When are they going to learn that this is NOT Nazi Germany." You will need to put up a sign for all to read disclosing that these items were made in a NON Licensed Kitchen. Let me know how it goes. You will never get anywhere in life if you keep on excepting the word NO as an answer.
11-20-2010 @ 3:38PM
whopper65 said...Unfortunately what we're missing here is the fact that, because of millions of lawyers looking for easy pickings, if the boys had sold a cupcake that made someone sick or worse, heads would roll, the boys & their parents would be sued and lose everything, and the same people that say it is OK for the boys to sell cupcakes without a permit & insurance would be saying that they should have never been allowed to sell them. If they want to sell them in front of their homes, & the parents accept financial responsibility, then that is what they can do. The councilman should have told them they needed a permit & to have their parents call the park or local authorities for information. Thankfully, the policeman was courteous and non-belligerent, as the boys stated.
11-20-2010 @ 5:07AM
Kurt Andolsun said...What would be a fitting end is for this board member to lose his seat to one of the boys or their parents. Typically Dem stating that the boys or parents should have contacted him like they knew he was the one that caused the problem. Dems live in their own world and think they can make up rules and laws that people should live under, but ironically they never live under them themselves. Wonder if his kids had done the same thing would he have gotten the permit and insurance? Vote him out of office.
11-21-2010 @ 10:20AM
MELISSA DONALDSON said...Do kids need a permit to be kids? Wow. Maybe they are so big on permit requirements because mom's inside baking up a storm while the kids are her personal cash cows. Maybe not though. I can see the hurt this will cause for every little kid's dream of lemonade stands too.
For a fun, family-friendly AND LEGAL ;-) version of a baking shop and lemonade stand game, check out Http://bit.ly/GamesForFree They have a BUNCH of FREE SAMPLES too!
11-21-2010 @ 4:03PM
Eileen said...Lindsey, GROW UP. These are kids and they saw a need and found what they thought was a good way to resolve the problem. The adults who only want money smashed their ideas. The fact that you were in favor leads me to believe that you have a real problem. Hope your children never try to do something like this and take the bull by the horn to make a statement and get something that their school needs without raising YOUR taxes. I commend the children and give a good old thumbs down you morons like you who belittle these young men who tried to make a mark and get something done.
11-19-2010 @ 8:10PM
Mama said...When I was in middle school, me and a friend used to go garbage picking and then have yard sales! We spent hours hand-writing our signs and putting them up. We didn't make a ton of money, but we had fun doing it.
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