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File #: 19-962    Version: 1 Name: MEHKO update
Type: Miscellaneous Status: Regular Calendar
In control: Resource Management
On agenda: 12/10/2019 Final action: 12/10/2019
Title: Receive an update from staff on possible options for allowing Microenterprise Home Kitchen Operations (MEHKHO's) in Solano County; and Provide direction to staff on the merits of proceeding with an "opt-in" ordinance if accompanied with amendments to the business license and nuisance requirements inclusive of provisions intended to address operational and safety measures for such uses
District: All
Attachments: 1. A - Potential Additional MEHKO Provisions, 2. Minute Order
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Receive an update from staff on possible options for allowing Microenterprise Home Kitchen Operations (MEHKHO's) in Solano County; and Provide direction to staff on the merits of proceeding with an "opt-in" ordinance if accompanied with amendments to the business license and nuisance requirements inclusive of provisions intended to address operational and safety measures for such uses

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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:

1) Receive an update from staff on possible options for allowing Microenterprise Home Kitchens in Solano County; and

2) Provide direction to staff on the merits of proceeding with an "opt-in" ordinance if accompanied with amendments to business license and nuisance requirements inclusive of provisions intended to address operational and safety measures for such uses.

With enactment of AB626 and AB377 effective January 1, 2019, the California Health and Safety Code (CalCode) was amended to provide Local Enforcement Agencies (Primarily County Environmental Health Departments) the option of allowing (opt in) Microenterprise Home Kitchen Operations (MEHKO's) to operate within its jurisdiction. MEHKO's are residential home kitchens that can be operated and permitted as commercial food facilities. The new laws establish parameters for MEHKO's including specific provisions on how an Enforcement Agency may regulate a MEHKO on residential property. In counties where the Environmental Health Department functions as the Countywide Local Enforcement Agency, an action by the County to "opt-in" would render the new MEHKO provisions applicable to all cities in addition to the unincorporated area of the County.

The Board conducted an initial discussion of the new MEHKO provisions on October 22, 2019. A range of issues were discussed including the merits and potential concerns of a...

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