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Adopt a resolution to amend Resolution No. 2020-55 to allow the permitting and operation of Microenterprise Home Kitchen Operations in alignment with State law for food facilities and local and State Public Health Officer Orders to reduce the transmission of COVID-19
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Published Notice Required? Yes ____ No _X _
Public Hearing Required? Yes ____ No _X _
DEPARTMENTAL RECOMMENDATION:
The Department of Resource Management recommends that the Board of Supervisors adopt a resolution to amend Resolution No. 2020-55 to allow the permitting and operation of Microenterprise Home Kitchen Operations throughout Solano County in accordance with the local and State Public Health Orders.
SUMMARY:
With enactment of AB626 and AB377, effective January 1, 2019, the California Health and Safety Code (CalCode) authorized Solano County, as a Local Enforcement Agency having an Environmental Health Division with county-wide authority, to “opt-in” by resolution or ordinance to allow Microenterprise Home Kitchen Operations (MEHKOs) county-wide, including within the seven incorporated cities and the unincorporated County area. A MEHKO is a residential home kitchen that is operated and permitted as a commercial restaurant that can serve both dine-in and take-out meals within the limits prescribed in CalCode (discussed below).
After consideration of the merits of a MEHKO program, the Solano County Board of Supervisors adopted Resolution No. 2020-55 on April 7, 2020, to authorize permitting and operation of MEHKOs throughout Solano County. At that time, Shelter at Home Orders were in effect by the State and County Public Health Officers that limited the public and businesses from engaging in many activities, including on-site dining at restaurants. In recognition of the circumstances surrounding COVID-19 at that time, the Board included in a provision in Resolution No. 2020-55 that implementation of the MEHKO program would be delayed until after the Shelter at Home Order of the Solano County Health Officer due to COVID-19 was no longer operative.
With modifications and evolution of State and local Public Health Orders over time, the Department has been receiving inquiries from the public interested to know when implementation of the MEHKO program will be initiated. Given that take out services are allowed at other restaurants with dine in allowed with specific limitations depending on the tier per the County and State Public Health Officer Orders, the Department recommends that the Board consider amending the current resolution delaying the MEHKO program implementation while the Health Orders are operative and allowing the MEHKO program to begin. The attached resolution effectuates this change.
FINANCIAL IMPACT:
The cost to prepare this report is minimal and absorbed by the Departments’ adopted budget. After adoption of the resolution to allow the permitting of MEHKOs in Solano County, additional staff cost is anticipated for permitting and inspecting these food facilities. Currently the approved fee schedule includes a permit fee for MEHKOs to recover estimated Department costs. This fee may need adjustment to reflect actual costs following the first year of implementation of this program. The need for additional staffing to implement this program will also be assessed pending the demand for yearly inspection and permitting, but at this time the need for additional staffing is not anticipated.
DISCUSSION
Under the proposed resolution, the MEHKO program can be implemented within parameters defined by the existing local and State Health Orders. While most restaurants are limited to a specific indoor dining capacity, for example no more than 25% capacity under the red tier, such capacity limitations would not apply to a MEHKO as there is no established capacity for a residential home. Further, it is anticipated that most MEHKO’s would be take out only. Per CalCode MEHKOs can only serve 30 meals (or portions of meals) per day, which is self-limiting. Also, all social distancing requirements and pertinent State Industry Guidance for dine-in or take out restaurants, as applicable, would still apply during food preparation and service to the public, allowing a MEHKO to operate in conformance with all Health Orders and in a manner that reduces the risk of COVID-19 transmission.
Once permitted, MEHKOs will also be subject to the following requirements, per CalCode:
• Up to 30 meals per day, or 60 meals per week, or their equivalents (portioned out), can be served.
• Gross annual sales can be up to $50,000 per year (inflation adjusted).
• Meals must be sold directly to consumers.
• Meals must be prepared and picked up, served on site, or delivered the same day. No leftovers can be used in meal preparation.
• Certain foods (e.g.- raw oysters, raw milk, raw milk products), food preparation or storage practices (e.g. - vacuum packaging) cannot be used.
• Up to one employee, in addition to family members, may be employed.
• No signs or outside display advertising can be used.
• A MEHKO must comply with local noise ordinances.
• An internet food service intermediary or other method (e.g. - newspaper, social media) can be used to advertise the MEHKO provided such advertisement is done in a manner consistent with California Health and Safety Code requirements.
• All food handlers, residents, and employee, must have the appropriate food handler card or food service certificate.
CalCode requires a MEHKO to have an initial inspection before permitting and operation. After the initial food facility permit is issued, Environmental Health may perform one annual routine reinspection, regardless of type of food prepared and served. Additional inspections to investigate a complaint or if health hazard is suspected (for example: knowledge that operator has a communicable, food-borne illness) are allowed by CalCode. Environmental Health staff can also investigate COVID-19 complaints under authority of the Health Officer. MEHKOs are exempted from requirements pertaining to construction, commercial equipment, various health code sign requirements, requirements to provide special hand and dishwashing sinks, separation of the kitchen from living areas, and various planning and permitting requirements that apply to other commercial food facilities. The MEHKO operators will be required to submit written standard operating procedures describing all food types that will be handled along with the proposed procedures for food preparation, methods to keep food at required temperatures, procedures for cleaning utensils and equipment, and the days and times the home kitchen will be potentially utilized as a MEHKO.
MEHKOs are required comply with local business license requirements of the county or city where they are located. The Department will implement administrative procedures during the food facility permit application process to ensure that MEHKOs have a valid business license as required by the local jurisdiction in which they are proposed.
ALTERNATIVES:
The Board may choose not to adopt the resolution to amend Resolution No. 2020-55, which would further delay the permitting and operation of MEHKOs until the Shelter at Home Order by the Solano County Public Health Officer is no longer operative.
OTHER AGENCY INVOLVEMENT:
In obtaining information for this report, the Department consulted with County Counsel, and the Solano County Public Health Department.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION