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February 16, 2018 06:02 PM

Lawmakers Looking At Fix For Law That Shutdown Cupcake Shop

From bourbon barbecue sauce to vodka penne pasta; could some of your favorite menu options be breaking an old South Dakota law? It's the same law temporarily shut down a trendy cupcake business. Earlier this week, KELOLAND News told you how Intoxibakes -- a new online bakery -- had to shut down, because it uses a very small amount of alcohol in the frosting. A food preparation law prohibits mixing any "malt or spirituous liquor or compound" that makes the cupcakes "adulterated." Lawmakers are racing to try to help. 

We are not talking about enough to get drunk. The two teaspoons mixed in the frosting is enough to frost one dozen cupcakes. If you still are having trouble understanding the amount of alcohol Intoxibakes uses for frosting, let's put it in another way. Imagine a gallon bucket, and then imagine adding about a shot and a half of alcohol to that. That amount can frost 48 cupcakes, which ends up being about .0345-percent alcohol for each cupcake. 

"Everything is on pause," Josie Layton (originally identified by her maiden name, Boltjes-Johnson), Intoxibakes co-owner, said. "I am (hopeful). We've been getting a lot of positive feedback. People reaching out and it feels really good to know people are behind us." 

That includes Sioux Falls City Council member, Christine Erickson. 

"Who knew cupcakes would have this kind of controversy?" Erickson said.

Erickson has been looking into this, and says the law that prohibits this could harm a lot of other businesses that mix alcohol with food in the state. 

"I have heard from several in Sioux Falls and outside of Sioux Falls that said, 'I do this already and I had no idea it's something I couldn't do,'" Erickson said. 

Erickson says lawmakers are drafting a bill to tweak the law so other businesses don't face consequences. That bill could take shape next week. 

"There's a lot of little details to work through with it. The hope is to be able to have this come forward. Next week is the absolute deadline that something would have to be passed out of the senate chambers," Erickson said. 

Layton hopes to be back in business as soon as possible, but also wants this frosting fix to spread to other entrepreneurs. 

"Not only can we help small businesses, but they can learn more about our laws and be more clear," Layton said. 

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