Chapter 5.35 — MICROENTERPRISE HOME KITCHEN OPERATIONS

The purpose and intent of this Ordinance is to allow for small-scale, direct food sales from home-based food facilities to prioritize locally prepared foods to consumers. This entry into the food economy will help provide access to guidelines, training and safety resources and will continue the advancement of economic mobility for local small businesses by allowing these microentrepreneurs to be a part of the formal economy. This Ordinance shall be administered and implemented by the Enforcement Officer. The requirements of this chapter are intended to:

A.

Implement the California Health and Safety Code (CA HSC) to allow Microenterprise Home Kitchen Operations (MEHKOs);

B.

Recognize that a residential property owner or resident has a limited right to conduct an unobtrusive MEHKO home occupation business from their residence and recognize that the business should be conducted in a manner that has little to no impact on surrounding residents;

C.

Preserve the residential character of residential neighborhoods, where MEHKOs operate; and

D.

Prevent the operation of a MEHKO from transforming a residential neighborhood into a commercial one.

(ORD-26-0010 § 1, 2026)

The following words and phrases shall apply to this Chapter:

A.

"Department" means any department, division, bureau, office, or other organizational unit of the City established by law or administrative action to carry out City functions, such as but not limited to, Health and Human Services Department, Environmental Health Bureau (Environmental Health); Community Development Department, Code Enforcement Bureau; Long Beach Fire Department; Financial Management

Department, Business Services Bureau (Business Service); Long Beach Police Department, and all respective departments and jurisdictions as applicable.

B.

"City" means City of Long Beach.

C.

"Enforcement Officer" shall mean any City employee or authorized agent who is designated by the Health Officer or City Manager designee to enforce the provisions of the Code through administrative or civil means. The Enforcement Officer shall have the authority to: (a) inspect premises, facilities, vehicles, and equipment, (b) issue citations, notices of violation, and orders to comply, (c) enter into compliance agreements, and (d) refer matters to the City Prosecutor's Office for potential litigation.

D.

"Meal" means the amount or quantity of food that is intended to be consumed by one customer in a single sitting. A meal may include one or more items, such as a main dish, appetizers, side dishes, beverages, baked goods, or desserts.

E.

"MEHKO Permit" means an accessory permit to the Business License issued by the Department of Financial Management, Business Services Bureau.

F.

"MEHKO Operator" means the resident of the private home who holds the permit for the MEHKO and is responsible for the operation.

G.

"Microenterprise Home Kitchen Operation (MEHKO)" means a food facility as defined by the California Health and Safety Code (CA HSC).

H.

"Permitted Area" means a private home kitchen described and authorized in the for the MEHKO, on-site consumer eating area, toilet room, janitorial or cleaning facilities, refuse storage area, and attached rooms within the home that are used exclusively for food, utensil and equipment storage. Common areas, detached accessory buildings, including garages and sleeping quarters, or second units are not included as a Permitted Area.

I.

"Residential Dwelling Unit" or "Private Home" means one (1) or more rooms designed, occupied or intended for occupancy as separate, self-contained, permanent living quarters, including a single-family dwelling, apartment, condominium unit, or other residential dwelling. Separate housing units are those in which occupants live and eat separately from any other person in the building. Each dwelling unit has direct

access from outside the building or through a common hall. Any area with a direct exterior access, a bathtub or shower, and a room other than the bathroom, which can be locked off from the remainder of the building, will be considered a dwelling unit per L.B.M.C. 21.15.910.

J.

"Resident of a Private Home" means an individual who resides in the private home and not elsewhere for labor or other special or temporary purposes per CA HSC.

K.

"Compact Mobile Food Operation" or "CMFO" means a mobile food facility as defined in the CA HSC.

L.

"Food Handler" means an individual who is involved in the preparation, storage, or service of food in a food facility, as defined in the CA HSC.

(ORD-26-0010 § 1, 2026)

A.

As set forth in the CA HSC, a city or county cannot prohibit the operation of, require a permit to operate, require a rezone of the property for, or levy any fees on, or impose any other restriction on, a MEHKO in any residential dwelling for zoning purposes. Operating a MEHKO does not constitute a change of occupancy for purposes of the CA HSC or for purposes of local building and fire codes.

(ORD-26-0010 § 1, 2026)

A.

Any individual seeking to operate a MEHKO must first obtain all required licenses and permits prior to operation, by submitting the applicable applications and paying the non-refundable application fee for each of the following:

A public health permit to operate a MEHKO with Environmental Health;

An annual business license per L.B.M.C. 3.80.253(I) from Business Services.

B.

Upon receipt of complete applications for a public health permit, business license and MEHKO accessory permit, and the required non-refundable fees, the Departments shall review the application. The

applications may be rejected or revisions may be required in order to meet the provisions of this chapter prior to approval of the applications.

C.

Application Requirements for a Health Permit.

The application at a minimum shall include the requirements set forth in the CA HSC, including but not limited to a listing of the proposed equipment and standard operating procedures the MEHKO Operator intends to use and a list of any Food Handlers, as set forth in subsection 3, below.

The MEHKO Operator shall successfully complete and pass an approved and accredited Food Safety Certification Examination, in compliance with the CA HSC and include proof of current certification with the application.

If a MEHKO Operator plans to have any individual who is involved in the preparation, storage, or service of food as part of their operation, shall be subject to the Food Handler Card requirements. The MEHKO Operator must include proof of the Food Handler Card for every individual with the submission of the permit application. If a Food Handler is employed after the initial inspection is conducted, the MEHKO Operator will have thirty (30) business days from the date of hire to provide a copy of the employee's Food Handler Card to the Department. The MEHKO Operator shall have no more than one full-time equivalent employee, not including a household or family member, in accordance with the CA HSC.

Upon completion and approval of the initial application review, the MEHKO shall be subject to an initial inspection to be completed by Environmental Health to ensure minimum compliance with this Chapter and the CA HSC.

Upon verification by Environmental Health that all minimum requirements have been met, a public health permit shall be issued upon payment of a non-refundable public health permit fee.

D.

A MEHKO Operator is required to notify Environmental Health and request an evaluation at least twenty (20) business days prior to any changes made to the menu or equipment that affect the originally proposed operational procedures following Environmental Health's initial approval. These changes may include, but are not limited to, the addition of potentially hazardous foods to the menu, as defined in the CA HSC, installation of new food preparation equipment, or the expansion to include support of up to two (2) CMFOs. The MEHKO Operator shall pay an evaluation fee based on the hourly rate set by the City. Upon notification and payment of the fee, the MEHKO Operator shall be subject to an evaluation to be completed

by Environmental Health within twenty (20) business days to evaluate if the menu or equipment change can be supported within the previously permitted kitchen. The approved operational procedure shall be available on site at all times.

E.

No persons shall operate a MEHKO without a valid public health permit issued by Environmental Health, nor a Business License and accompanying accessory MEHKO permit with conditions as issued from Business Services.

F.

Only one MEHKO may operate per residential dwelling unit.

G.

MEHKO Health permits may be suspended or revoked as provided in the CA HSC.

(ORD-26-0010 § 1, 2026)

A.

Unless otherwise specified in the Chapter, a MEHKO shall comply with all applicable federal, state and local regulations, including but not limited to, the CA HSC, Long Beach Municipal Code, Fire Code, Building Code, and any Zoning of Land Use Ordinances. In addition, all permitted MEHKOs are subject to exemptions as set forth in the CA HSC.

(ORD-26-0010 § 1, 2026)

A MEHKO home occupation shall be allowed to operate from a legally established residential dwelling unit as an accessory use to the primary residential use of the dwelling, provided that the use complies with all of the following performance standards:

A.

A MEHKO home occupation business shall obtain the necessary permits and approvals from the City.

B.

A MEHKO home occupation business is allowed one full time employee (for 40 hours per week) or multiple employees whose combined hours do not exceed 40 hours per week.

C.

A MEHKO home occupation business may not offer alcohol sales or consumption.

D.

The operator of the MEHKO shall only operate between the hours of 7 am and 10 pm, subject to any time restrictions imposed by an HOA, or conditions as applicable from any other City issued permit.

E.

The operator of the MEHKO shall prevent loitering in all areas serving and adjacent to the use during and after hours of operation. The operator shall maintain the permitted areas free of trash and debris on a daily basis.

F.

Food must be prepared, cooked, and served on the same day within the residence's kitchen.

G.

A MEHKO home occupation business is limited to no more than 30 individual meals per day and no more than 90 individual meals per week or as specified in the CA HSC. A MEHKO may not serve individual items that are not considered a meal.

H.

A MEHKO home occupation business may not have more than one hundred thousand dollars ($100,000) in verifiable gross annual sales, as adjusted annually for inflation based on the California Consumer Price Index. Records of all sales must be kept and made available upon request by City. Said records shall be made available to the City within 10 days of a written request.

I.

Food may only be sold directly to consumers, not to any wholesaler, caterer, or retailer.

J.

There shall be no queuing onsite beyond five (5) patrons. There shall be no queuing that extends onto the public right-of-way.

K.

A MEHKO home occupation business may not act as a caterer and may not be permitted/registered as a Cottage Food Operation.

L.

Food may not be served in the front yard of the home.

M.

Food may be consumed onsite, available for customer pick up, or delivered by the MEHKO operator, family member, employee or household member. Third-party delivery services or applications are not allowed.

N.

The MEHKO home occupation business shall not generate obnoxious odors, fumes, or emissions that are perceptible without instruments by a reasonable person at or beyond the property line of the site.

O.

The MEHKO home occupation business shall comply with the City noise standards established in Chapter 8.80 of the L.B.M.C.

P.

Best management practices shall be implemented, as determined by the Long Beach Utilities Department, to prevent or reduce the discharge of fats, oils, and grease into the public sewer and storm drain systems, in accordance with Chapter 8.46 of the L.B.M.C.

Q.

Advertisements for food that is prepared in a MEHKO shall include the name of the Health Department, permit number, and a statement that the food prepared is "Made in a Home Kitchen". Advertisements cannot include the use of the word catering or any other variation of the word.

R.

The MEHKO home occupation business shall comply with all Health and Safety standards, certifications, training and permitting requirements of Environmental Health.

(ORD-26-0010 § 1, 2026)

A.

MEHKO food preparation, packaging, and handling shall be kept separate from other domestic activities, including but not limited to, family meal preparation, guest entertaining, or dishwashing.

B.

All food storage for the MEHKO within the permitted area shall comply with the CA HSC. Sleeping quarters or second residential units on the same property are not allowed within the Permitted Area, unless otherwise indicated as set forth in the CA HSC.

C.

Other than service animals, as defined in section 35.104 of Title 28 of the Code of Federal Regulation, all animals shall be excluded from the kitchen and dining areas during food service and preparation.

(ORD-26-0010 § 1, 2026)

A.

Food prepared in a MEHKO may be served from an approved Compact Mobile Food Operation (CMFO) operated by the same MEHKO permitholder pursuant to the CA HSC.

B.

A MEHKO may serve as a commissary or mobile support unit for up to two (2) CMFOs owned by the same permitholder if an evaluation determines the MEHKO is capable of supporting the preparation and storage of the food being sold from the CMFO(s) and the storage and cleaning of the CMFO(s) pursuant to the CA HSC, unless storage is prohibited by City ordinance. The evaluation may be conducted as part of the initial application process. A permitted MEHKO that wishes to later expand to support up to two (2) CMFOs will incur a review fee and must obtain a CMFO health permit from Environmental Health.

C.

A MEHKO operating in conjunction with an approved CMFO can be expanded to no more than eighty (80) individual meals per day and no more than two hundred (200) individual meals per week. Except as identified in Section B. above, a permitted MEHKO operating in conjunction with a CMFO shall not have more than one hundred fifty thousand dollars ($150,000.00) in verifiable gross annual sales, as adjusted annually for inflation based on the California Consumer Price Index.

(ORD-26-0010 § 1, 2026)

A.

A properly charged and maintained minimum ten (10) BC-rated fire extinguisher to combat grease fires shall be readily accessible at all times.

B.

A first aid kit shall be available and located in a convenient and accessible area at all times.

(ORD-26-0010 § 1, 2026)

A.

No signage or other outdoor display advertising the MEHKO is allowed anywhere on the property from which the MEHKO is operating.

(ORD-26-0010 § 1, 2026)

A.

The Environmental Health department shall conduct an initial inspection of a MEHKO upon the receipt of the complete application seeking approval for a public health permit.

B.

A MEHKO is subject to one routine inspection per year as specified in the CA HSC.

C.

Additional inspections conducted as a result of a complaint or emergency circumstances will be conducted in the manner set forth in the CA HSC.

D.

If a MEHKO is found to be in violation of any of the requirements in this Chapter, other chapters of the L.B.M.C., the CA HSC, or other local or state regulations and if additional inspections or complaint-based investigations are required to ensure compliance, the Departments may seek cost recovery.

(ORD-26-0010 § 1, 2026)

A.

This Code is enacted pursuant to the applicable CA HSC provisions and the City's Municipal Code. The provisions herein establish enforcement mechanisms for all health, safety, housing, building, zoning, sanitation, environmental quality, fire prevention, business operations and nuisance abatement. In the event of conflict between this Enforcement provision and another provision of law, the more protective standard for public health and safety shall prevail.

It is unlawful for any person to violate or fail to comply with any provision of the CA HSC or applicable sections of the L.B.M.C. Each day a violation continues constitutes a separate offense. Violations may be deemed:

a.

Infractions;

b.

Misdemeanors; or

c.

Civil violations subject to administrative penalties.

Conditions constituting a threat to public health, safety, or welfare may be declared a public nuisance subject to summary or judicial abatement.

The City may recover costs of enforcement, including inspection, investigation, abatement, and legal fees.

When a violation relates to property conditions, land use, nuisance conditions, parking, noise, waste disposal and protection of public infrastructure, the City may provide notice to both the MEHKO operator and the property owner. Failure of either party to correct the violation within the prescribed timeframe may result in enforcement action against one or both parties.

(ORD-26-0010 § 1, 2026)

The Departments are responsible for the administration of this Chapter, which may include public education, public outreach, and promulgating policies, guidelines and rules consistent with the provisions of this Chapter and the City's Municipal Code.

(ORD-26-0010 § 1, 2026)

If any subsection, sentence, clause, or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter.

(ORD-26-0010 § 1, 2026)