Gustine Municipal Code Ch. 10 Home Kitchen Operations

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section:

County shall mean the County of Merced.

Microenterprise home kitchen operation shall mean 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 requirements of Health and Safety Code § 113825, as may be amended.

Operator shall mean the operator of a permitted microenterprise home kitchen operation that is a resident in the private home where the microenterprise home kitchen operates.

(Ord. No. 489, § 1, 3-5-2019)

(a) Except as provided in subdivision (b), microenterprise home kitchen operations shall not be permitted in the City of Gustine. The city shall not be responsible for authorizing or issuing any permits for the lawful operation of microenterprise home kitchen operations.

(b) A microenterprise home kitchen operation may operate in the city, only under the following circumstances and only to the extent required by state law:

(1) The county authorized the permitting of microenterprise home kitchen operations in accordance with state law;

(2) The county issued a permit to the operator for the operation of a microenterprise home kitchen operation in the city;

(3) The operator provides a copy of the valid county-issued permit to the City of Gustine Community Development Department; and

(4) The operator obtains and maintains a valid city business license at all times the microenterprise home kitchen operation conducts business in the city, unless otherwise exempt, and pays all applicable license taxes and fees.

(c) The prohibition in this section is enacted pursuant to the city's police powers and Health and Safety Code § 114367(a). Nothing in this section shall be construed to impose a restriction on microenterprise home kitchen operations for zoning purposes, consistent with Health and Safety Code § 114367.4(a)(1).

(Ord. No. 489, § 1, 3-5-2019)