Attachment 1: Summary of MEHKO Standards
• A Microenterprise Home Kitchen (MEHKO) is a small-scale restaurant (dine-in or take-out) operated by a resident in a private home, established by State Assembly Bills 626 (2018) and 377 (2019). The intent of this legislation was to provide more home-based business opportunities to disadvantaged persons and those with limited access to capital, increase community access to healthy food, and increase food safety among existing MEHKOs. State law allows counties to “opt in” to the law to permit MEHKOs locally, and provides the health and safety standards for MEHKOs. • On October 22, 2024, the County of Sonoma Board of Supervisors adopted an ordinance in accordance with state law to permit MEHKOs in all jurisdictions and unincorporated areas of the county. Cities must comply with this ordinance, which will take effect January 1, 2025. • Under the new ordinance, MEHKOs must be allowed by-right in residential occupancies and may not be further regulated by local zoning or building regulations, although locations of MEHKOs must not conflict with the Cotati General Plan. Since all of the land use designations in the General Plan that allow residential also allow “associated neighborhood retail” or are commercial designations, conflict with the General Plan is not likely to be an impediment to permitting a MEHKO. • The City may require a business license and enforce its noise and nuisance standards in MEHKO operations. In addition, each MEHKO will require an annual health permit from Sonoma County Environmental Health, which will include confirmation of City business license and consistency with the General Plan. State law requires that EH be the primary point of contact for MEHKOs for permitting.
• Under the County ordinance and state law, MEHKOs will be subject to the following requirements:
o The operator must be a resident of the private home operating as a MEHKO and hold a food safety manager certification (obtainable through third-party accreditation organization).
o The MEHKO must be the primary residence (second homes, vacation homes, and motor homes do not qualify).
o If the residence is leased or rented, the property owner will be required to approve the use.
o No more than one employee may work in the facility, in addition to family and household members.
o Each individual working in the MEHKO must obtain a food handler card (obtainable through third-party accreditation organization).
o Food must be prepared, cooked, and served the same day. o Food preparation must occur in the kitchen of the residence with no auxiliary kitchens added.
o No outdoor signage or outdoor displays are allowed.
o Sales will be limited to 30 meals/day or 90 meals/week with gross annual sales limited to $100,000 annually.
o Meals may be consumed on-site, picked up, or delivered by an employee, family member, or household member. Third-party delivery services, catering, resale, and sales from food trucks or carts are prohibited, although online sales are allowed and may be through a third-party intermediary.
o Only one MEHKO is allowed per site, and it cannot operate alongside a Cottage Food operation.
o Permits are non-transferrable.
o A MEHKOs may apply to the California Department of Alcohol Beverage Control (ABC) to provide alcoholic beverage service.
• Enforcement:
o Environmental Health may conduct one routine inspection per 12-month period.
Additional inspections will be scheduled in response to complaints or emergencies. o The City may enforce its existing noise and nuisance ordinances in relation to MEHKO operations.