Jurupa Valley Municipal Code Ch. 6.100 Microenterprise Home Kitchen Operations Permit

Any person who desires to operate a microenterprise home kitchen operation, as defined in Section 9.25.825 of the Jurupa Valley Municipal Code, shall obtain a permit pursuant to the provisions of this chapter. A microenterprise home kitchen operation is prohibited in the city unless there is a microenterprise home kitchen operation permit in full force and effect for the location and the operator of the microenterprise home kitchen operation.

(Ord. No. 2019-03, § 3, 2-21-2019)

A. An application for microenterprise home kitchen operation permit shall be filed with the City Manager on forms approved by the City Manager. As part of the application, and in addition to other information required by the City Manager, the applicant shall submit written standard operating procedures that include all of the following information pursuant to California Health and Safety Code Section 114367.3:

(1) All food types or products that will be handled.

(2) The proposed procedures and methods of food preparation and handling.

(3) Procedures, methods, and schedules for cleaning utensils, equipment, and for the disposal of refuse.

(4) How food will be maintained at the required holding temperatures, as specified in California Health and Safety Code Section 113996, pending pickup by consumer or during delivery.

(5) Days and times that the home kitchen will potentially be utilized as a microenterprise home kitchen operation.

The application shall be accompanied by an application fee in an amount approved by resolution of the City Council. The application fee shall not exceed the reasonable administrative costs to the city in issuing the permit. The application shall not be deemed filed until such time as the fee is submitted.

(Ord. No. 2019-03, § 3, 2-21-2019)

A. The City Manager shall approve the permit after an initial inspection has determined that the proposed microenterprise home kitchen operation and its method of operation complies with the requirements of this Code, including, but not limited to, Sections 9.10.825 and 9.240.540, and the provisions of California Health and Safety Code Division 104, Part 7, Chapter 11.6, Microenterprise Home Kitchen Operation, commencing with Section 114367. As a condition of approval of the permit, the applicant shall submit evidence that he or she has successfully pass an approved and accredited food safety certification examination, as specified in California Health and Safety Code Section 113947.1 prior to commencement of the microenterprise home food operation. The City Manager may add conditions to the permit as may be necessary to assure compliance with these requirements, provided, however, the conditions shall not require a microenterprise home kitchen operation to comply with food safety requirements that are different from, or in addition to, the requirements of the California Retail Food Code. The City Manager shall personally serve or send written notice of his or her decision by US Mail accompanied by a declaration of service.

B. For purposes of permitting, the permitted area includes the home kitchen, onsite consumer eating area, food storage, utensils and equipment, toilet room, janitorial or cleaning facilities, and refuse storage area. Food operations shall not be conducted outside of the permitted areas.

C. The microenterprise home kitchen operation permit shall be valid for one (1) year after issuance and then must be renewed annually thereafter.

D. The microenterprise home kitchen operation permit is nontransferable. A permit shall be valid only for the person and location specified by that permit, and, unless suspended or revoked for cause, for the time period indicated.

E. The permit, or an accurate copy thereof, shall be retained by the operator onsite and displayed at all times the microenterprise home kitchen operation is in operation.

F. The City Manager may deny the permit is he or she finds that the proposed microenterprise home kitchen operation does not comply with the requirements of this section, Sections 9.10.825 and 9.240.540 of this Code, and the provisions of California Health and Safety Code Division 104, Part 7, Chapter 11.6, Microenterprise Home Kitchen Operation, commencing with Section 114367. If the permit is denied, the City Manager shall explain the reasons for the denial in writing. The denial shall be sent to the applicant at the address designated on the application by US Mail and shall be accompanied by a declaration of mailing.

G. An applicant for a microenterprise home kitchen operation permit may appeal the City Manager's decision on the permit pursuant to the provisions of Chapter 2.40 of this Code within fifteen (15) calendar days from the date of mailing of the notice of the decision on the permit pursuant to the provisions of Chapter 2.40, Hearings and Appeals, of this Code.

(Ord. No. 2019-03, § 3, 2-21-2019)

A. "Enforcement Official" shall mean the Enforcement Official as defined in Section 1.10.020 of this Code.

B. Inspections. Notwithstanding any other law and in accordance with the requirements of California Health and Safety Code Section 114367.3 the following requirements shall apply to inspections.

(1) After the initial inspection for purposes of determining compliance with this chapter, a microenterprise home kitchen operation shall not be subject to routine inspections, except that a the Enforcement Official may access, for inspection purposes, the permitted area of a microenterprise home kitchen operation after the occurrence of either of the following:

(a) The Enforcement Official has provided the microenterprise home kitchen operation with reasonable advance notice.

(b) The Enforcement Official has a valid reason, such as a consumer complaint, to suspect that adulterated or otherwise unsafe food has been produced or served by the microenterprise home kitchen operation, or that the microenterprise home kitchen operation has otherwise been in violation of this chapter.

(2) A microenterprise home kitchen operation shall not be subject to more than one (1) inspection each year by the Enforcement Official on behalf of the city, except in cases in which the Enforcement Official has valid reason, such as a consumer complaint, to suspect that adulterated or otherwise unsafe food has been produced or served by the microenterprise home kitchen operation, or that the microenterprise home kitchen operation has otherwise been in violation of applicable laws.

(3) The Enforcement Official shall document the reason for the inspection, keep that documentation on file with the microenterprise home kitchen operation's permit, and provide the reason in writing to the operator of the microenterprise home kitchen operation.

(4) Access provided under this section is limited to the permitted area of the microenterprise home kitchen operation, during the posted operating hours of the microenterprise home kitchen operation, and solely for the purpose of enforcing or administering this chapter.

(5) The Enforcement Official may seek recovery from a microenterprise home kitchen operation of an amount that does not exceed the local enforcement agency's reasonable costs of inspecting the microenterprise home kitchen operation for compliance with this chapter if the microenterprise home kitchen operation is found to be in violation of this chapter.

C. In the event the Enforcement Official determines that a violation of this Code or the microenterprise home kitchen operation permit has occurred, her or she shall notify the permittee of the nature of the violation and time required to correct the violation by personal service or US mail, accompanied by a declaration of service or mailing. The violation shall be corrected as soon as possible but not more than ten (10) calendar days following the date of mailing of the notice unless the Enforcement Official extends the time for correction.

D. In the event the violation is not corrected within the time required, the City Manager may suspend or revoke the microenterprise home kitchen operation permit. In such event the City Manager shall notify the permittee in writing at the address designated in the permit application, by personal service or US Mail, accompanied by a declaration of service or mailing. Within ten (10) calendar days of the date of personal service or mailing, the permittee may appeal the suspension or revocation pursuant to the provisions of Chapter 2.40 of this Code. The suspension or revocation shall be effective on the tenth day following personal service or mailing of the notice of suspension or revocation unless appealed.

E. In the event the violation constitutes an immediate threat to health or safety, the City Manager may immediately suspend the permit until such time as the City Manager determines that the violation has been corrected. The City Manager shall provide notice of an immediate suspension either orally or by written notice sent by US mail to the address listed in the permit application, accompanied by a declaration of notice or mailing. The immediate suspension shall be effective immediately upon oral notification or mailing. An immediate suspension may be appealed within ten (10) days of the notice or mailing pursuant to the provisions of Chapter 2.40 of this Code.

F. Violations of this chapter may be enforced through the provisions of Chapter 1.20, Administrative Citations, Chapter 1.25, Public Nuisance Injunctions, or other applicable law.

(Ord. No. 2019-03, § 3, 2-21-2019)

In the event the County of Riverside adopts an ordinance providing for microenterprise home kitchen operation permits, the county-issued permit would be valid in the city regardless of whether the city has separately enacted an ordinance relating to the permitting of such facilities pursuant to the authority of California Health and Safety Code Section 114367.

(Ord. No. 2019-03, § 3, 2-21-2019)