To: Board of Supervisors
From: Dr. Grant Colfax, Health Services Director
Report Title: Adopt Ordinance No. 2026-10 to Establish Permanent Program for Permitting Microenterprise Home Kitchen Operations
?Recommendation of the County Administrator ? Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Ordinance No. 2026-10, repealing Section 413-3.2012 of the County Ordinance Code, thereby establishing a permanent program for permitting Microenterprise Home Kitchen Operations within Contra Costa County.
FISCAL IMPACT:
There will be no impact to the County's general fund as the Environmental Health Division (EHD) is fully cost-covered by permit fees established via Board resolution.
BACKGROUND:
On January 1, 2019, California Assembly Bill 626 (AB 626) went into effect and Microenterprise Home Kitchen Operation (MEHKO) was established as a new type of retail food facility that allows an individual to operate a restaurant in their private residence.
In October 2019, California Assembly Bill 377 (AB 377) made some changes to AB 626 and provided regulatory clarity. This Bill provided each county full discretion to authorize the MEHKO program within its jurisdiction.
In July 2023, California Assembly Bill 1325 (AB 1325) further modified state law relating to MEHKOs, increasing the maximum amount of gross annual sales and increasing the limit on the number of individual meals that can be sold by a MEHKO.
Currently, the legislation permits counties to authorize individuals to use their home kitchens to prepare, sell and serve up to 30 meals per day, or 90 meals per week, and collect a maximum annual revenue of $100,000, as adjusted annually for inflation based on the California Consumer Price Index. Family members can be employed to help operate MEHKOs, along with a maximum of one paid non-family employee. Risky food preparation techniques are prohibited and menus are restricted to items that can be prepared and sold the same day. Meals can be served in the home,...
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