The purpose and intent of this chapter is to establish a regulatory
program for the operation of microenterprise home kitchen operations
("MEHKO") in the City of Imperial Beach that complies with California
Assembly Bills 626 and 377, as well as the regulations issued by the
County of San Diego for MEHKO.
(Ord. 2022-1211 § 2; Ord. 2022-1209 § 2)
"Microenterprise home kitchen operation"
means a food facility that is operated by a resident in a
private home where food is stored, handled, and prepared for, and
may be served to, consumers, and that meets all of the following requirements:
1.
The operation has no more than one full-time equivalent food
employee, not including a family member or household member.
2.
Food is prepared, cooked, and served on the same day.
3.
Food is consumed on site at the microenterprise home kitchen
operation or offsite if the food is picked up by the consumer or delivered
pursuant to section
Health and Safety Code section 114367.5 within
a safe time period based on holding equipment capacity.
4.
Food preparation does not involve processes that require a Hazard
Analysis Critical Control Points (HA
CCP) plan, as specified in Section
114419, or the production, service, or sale of raw milk or raw milk
products, as defined in Section 11380 of Title 17 of the California
Code of Regulations.
5.
The service and sale of raw oysters is prohibited.
6.
The production, manufacturing, processing, freezing, or packaging
of milk or milk products, including, but not limited to, cheese, ice
cream, yogurt, sour cream, and butter, is prohibited.
7.
Food preparation is limited to no more than 30 individual meals
per day, or the approximate equivalent of meal components when sold
separately, and no more than 60 individual meals, or the approximate
equivalent of meal components when sold separately, per week. The
local enforcement agency may decrease the limit of the number of individual
meals prepared based on food preparation capacity of the operation,
but shall not, in any case, increase the limit of the number of individual
meals prepared.
8.
The operation has no more than $50,000.00 in verifiable gross
annual sales, as adjusted annually for inflation based on the California
Consumer Price Index.
9.
The operation only sells food directly to consumers and not
to any wholesaler or retailer. For purposes of this paragraph, the
sale of food prepared in a microenterprise home kitchen operation
through the internet website or mobile application of an Internet
food service intermediary, as defined in Section 114367.6, is a direct
sale to consumers. An operation that sells food through the internet
website or mobile application of an internet food service intermediary
shall consent to the disclosures specified in paragraphs (6) and (7)
of subdivision (a) of Section 114367.6 of the California Health and
Safety Code.
"Resident of a private home"
means, for purposes of this section, an individual who resides
in the private home when not elsewhere for labor or other special
or temporary purpose.
(Ord. 2022-1211 § 2; Ord. 2022-1209 § 2)
A MEHKO may operate within the City of Imperial Beach only under
the following conditions:
A. A valid
permit issued by the County of San Diego must be obtained before a
person may lawfully commence operations as a MEHKO;
B. A business license must be obtained from the City of Imperial Beach pursuant to Chapter
4.04 of the City of Imperial Beach Municipal Code before a person may lawfully commence operations as a ME-HKO;
C. The
MEHKO's hours of operation are limited to 7:00 a.m. to 7:00 p.m.;
D. The MEHKO complies with the home occupations operating conditions in Section
19.74.020 of the Imperial Beach Municipal Code, except for the following conditions:
E. Onsite
consumption of food is permitted pursuant to
Health and Safety Code
Sections 113825 and 114367.2 or delivered pursuant to Health and Safety
Code Section 114367.5;
F. The
MEHKO complies with all applicable provisions of the Health and Safety
Code, including, but not limited to, Sections 113825 and 114367 through
114367.6, all applicable regulations issued by the County of San Diego,
and the Imperial Beach Municipal Code, including, but not limited
to, the following:
1. Chapter
4.04, Business Licenses;
2. Chapter
8.08, Regulation of Retail Food Facilities;
3. Chapter
8.36, Solid Waste and Recyclable Collection;
4. Chapter
9.05, Alcoholic Beverages–Responsible Beverage Sales and Service;
6. Chapter
13.14, Regulation of Fats, Oils and Grease Disposal in the Sewer Collection System.
(Ord. 2022-1211 § 2; Ord. 2022-1209 § 2)
A MEHKO shall not engage in any of the following prohibited conduct, each of which is deemed a nuisance and subject to the enforcement provisions in Section
4.62.050 of this code. In addition to the additional regulations defined elsewhere in this code, county ordinances or state laws applicable to a MEHKO, it shall be unlawful and deemed a nuisance for a MEHKO to:
A. Directly,
or through customers and/or third-party delivery services, cause blockage
and/or congestion on City thruways such that the duties of City agencies
are impeded, including, but not limited to, maintenance, solid waste,
and street sweeping, or that which results in repeated neighbor complaints
by multiple neighbors, including parking congestion.
B. Store
greases in such a manner as to be considered a fire hazard whether
indoors or outdoors, or that which attracts vermin.
C. Dispose
of greases into the municipal sewer system through a residential drain
or toilet.
D. Cause
a visible build-up of greases inside residential ventilation hoods
and shafts, on walls, ceilings, rooftops, and/or other surfaces such
that it may constitute a fire hazard or attract vermin.
E. Create
nuisance smoke, odors, or noises in common areas, including, but not
limited to, hallways, shared gathering areas, etc. such that multiple
neighbors file complaints.
F. Operate
an outdoor wood-burning oven or BBQ in a manner that may constitute
a hazard, or which creates nuisance smoke or odors to a neighboring
residence.
G. Store
refuse in an unsanitary manner or which attracts vermin. Any refuse
generated beyond the capacity of residential waste pickup shall be
taken to a waste transfer facility or landfill by the MEHKO operator.
(Ord. 2022-1211 § 2; Ord. 2022-1209 § 2)
A. Any
violation of the City of Imperial Beach Municipal Code, regulations
issued by the County of San Diego, or provisions of the California
Health and Safety Code applicable to the MEHKO shall be unlawful and
constitute a public nuisance per se and be subject to injunction,
abatement, or any other remedy available to the City of Imperial Beach
as provided by all applicable provisions of law, including, but not
limited to, administrative or summary abatement of any nuisance conditions,
referral to the County of San Diego for revocation of permit, administrative
citations, and/or a civil action for injunctive relief.
B. The MEHKO is subject to all public nuisance provisions of the City of Imperial Beach Municipal Code, including, but not limited to, Chapter
1.16.
C. The MEHKO is subject to all administrative citation and fine provisions of the City of Imperial Beach Municipal Code, including, but not limited to, Chapter
1.22.
D. Any
person, firm, corporation, or other entity, whether as principal or
agent, employee or otherwise, violating or causing violation of any
provision of the Imperial Beach Municipal Code applicable to the MEHKO,
shall be guilty of a misdemeanor.
E. All
remedies provided for herein are cumulative and not exclusive and
are in addition to any other remedy or penalty provided by law. Nothing
in this chapter shall be deemed to authorize or permit any activity
that violates any provision of state or federal law, or the regulations
issued by the County of San Diego.
(Ord. 2022-1211 § 2; Ord. 2022-1209 § 2)
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held to be invalid or unconstitutional,
such decision shall not affect the validity of the remaining portions.
The City Council declares that it would have passed this chapter and
each section, subsection, clause and phrase thereof irrespective of
the fact that any one or more sections, subsections, sentences, clauses
or phrases are declared invalid or unconstitutional, and would have
passed and adopted the same even though any parts, sections, subsections,
sentences, clauses or phrases that may be held invalid had been omitted
therefrom.
(Ord. 2022-1211 § 2; Ord. 2022-1209 § 2)