AB 2315

Existing law, the California Retail Food Code (code), authorizes the governing body of a city, county, or city and county that is designated as the enforcement agency to permit microenterprise home kitchen operations (MEHKOs), and prohibits MEHKOs from operating unless they have obtained a permit from the enforcement agency. Existing law requires the permitting of MEHKOs to apply to all areas within a city, county, or city and county’s jurisdiction, including to all cities within a county that authorizes MEHKOs. Existing law requires MEHKOs, as a restricted food service facility, to meet specified food safety standards. Existing law makes a violation of the code a misdemeanor. This bill would instead require the governing body of a city, county, or city and county that is designated as the enforcement agency to grant a nondiscretionary permit to use a residence as a MEHKO, and would prohibit a governing body of a city, county, or city and county that is designated as the enforcement agency from prohibiting MEHKOs from operating in any residential dwelling. The bill would prohibit the governing body of a city, county, or city and county from imposing a restriction on the number of MEHKOs permitted to operate within the governing body’s jurisdiction or restrict operations based on geography. This bill would require the enforcement agency to issue a permit without a hearing and would prohibit the enforcement agency from requiring, among other things, additional permits, approvals, or discretionary review by any other local department or agency. The bill would require the enforcement agency to be the sole local permitting authority of a MEHKO, and would require the enforcement agency to make permits available no later than July 1, 2027. By expanding the scope of a crime for a violation of the code and by imposing additional duties on local enforcement agencies, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.