County Board of Supervisors votes to permit small-scale residential retail food facilities

The Sonoma County Board of Supervisors today voted to establish a local program to permit small-scale residential retail food facilities, known as Microenterprise Home Kitchen Operations, or MEHKOs, which are authorized by state law.

In opting into the statewide MEHKO program, individuals will be able to seek permits to run small dine-in or take-out restaurants from their private residences within unincorporated Sonoma County and the nine cities.

“Microenterprise Home Kitchens provide our talented home chefs with business opportunities, particularly for those with limited access to capital or facing industry entry barriers such as child or elder-care responsibilities,” said Supervisor David Rabbitt, chair of the Board of Supervisors. “They can also increase community access to healthy food, offering options for cultural or regional foods that may not be available locally, while ensuring food safety.”

To operate a home restaurant, an operator will need:

• A health permit from Sonoma County Environmental Health, and
• Food safety manager certification for the operator and a food handler card for all employees or others working in the establishment.
• Public water system permits from the State Water Resources Control Board may be required for residents using a private well water system.

MEHKOs must be in the operator’s primary residence. Operations inside second homes, vacation homes, and motorhomes are not eligible. They are also ineligible in areas that would violate a city or county General Plan. No auxiliary kitchens or outdoor signage are permitted. Property owner approval is required if the residence is leased.

Other restrictions include:

• Food must be prepared, cooked and served on the same day within the residence’s kitchen.
• Sales are limited to 30 meals per day or 90 meals per week, with gross annual sales capped at $100,000.
• Meals can be consumed on-site, picked up or delivered by the operator or a registered intermediary, but third-party delivery services, catering and resale are prohibited.
• No food preparation, packaging or handling may occur concurrently with domestic activities.
• Only service animals are allowed in the kitchen and dining areas during food service and preparation.
• Raw milk products and raw oysters are prohibited.

Since the statewide MEHKO program was established in 2018, 16 California jurisdictions have opted into the program, and 16 jurisdictions are considering establishing a program.

MEHKOs are subject to annual inspections and must comply with all relevant Health and Safety Code requirements. They are classified as by-right uses in residential zones, meaning they are not subject to additional local zoning or building regulations. Partner agencies, including code enforcement, law enforcement and fire departments, are responsible for enforcing regulations related to signage, noise, nuisances, crowding, traffic, parking issues and garbage overflow.

Sonoma County was awarded a $138,000 state grant, which will be used for direct support in implementing the MEHKO program, including program development, public outreach, offsetting permit fees and enforcement.