Bill Text: CA AB377 | 2019-2020 | Regular Session | Introduced
Bill Title: Microenterprise home kitchen operations.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-10-07 - Chaptered by Secretary of State - Chapter 536, Statutes of 2019. [AB377 Detail]
Download: California-2019-AB377-Introduced.html
Assembly Bill | No. 377 |
Introduced by Assembly Member Eduardo Garcia |
February 05, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 114367 of the Health and Safety Code is repealed.(a)Except as provided in subdivision (b), the governing body of a city or county, or city and county, shall have full discretion to authorize, by ordinance or resolution, the permitting of microenterprise home kitchen operations in accordance with this chapter.
(b)A permit issued by a county that has authorized the permitting of microenterprise home kitchen operations in accordance with this chapter shall be valid in any city within the county regardless of whether the city has separately enacted an ordinance or resolution to authorize or prohibit the permitting of microenterprise home kitchen operations within that city.
SEC. 2.
Section 114367 is added to the Health and Safety Code, to read:114367.
The governing body of a city, county, or city and county that is designated as the enforcement agency, as defined in Section 113773, shall have full discretion to authorize, by ordinance or resolution, the permitting of microenterprise home kitchen operations in accordance with this chapter.SEC. 3.
Section 114367.1 of the Health and Safety Code is amended to read:114367.1.
(a) A microenterprise home kitchen operation, as defined in Section 113825, shall be considered a restricted food service facility for purposes of, and subject to all applicable requirements of, Chapter 1 (commencing with Section 113700) to Chapter 9 (commencing with Section 114265), inclusive,SEC. 4.
Section 114367.2 of the Health and Safety Code is amended to read:114367.2.
(a) A microenterprise home kitchen operation shall not be open for business unless it has obtained a permit issued from the(j)Notwithstanding any other law, if there are
multiple local agencies involved in the issuance of any type of permit, license, or other authorization to a microenterprise home kitchen operation, the governing body of the city or county, or city and county, shall designate one lead local agency that shall be vested with the sole authority to accept all applications for, to collect all fees for, and to issue, any permit, license, or other authorization required for a microenterprise home kitchen operation to operate in the city or county, or city and county. A local agency other than the lead local agency shall not accept any applications for, collect any fees for, nor issue, any permits for the same purpose.
SEC. 5.
Section 114367.3 of the Health and Safety Code is amended to read:(a)Notwithstanding any other law, 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 representative of a local enforcement agency may access, for inspection purposes, the permitted area of a microenterprise home kitchen operation after the occurrence of either of the following:
(1)The representative has provided the microenterprise home kitchen operation with reasonable advance notice.
(2)The representative 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 part.
(b)
114367.3.
(a) Notwithstanding any other law, a microenterprise home kitchen operation shall not be subject to more than one routine inspection each year by the(c)The local enforcement agency 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.
(d)
(e)
SEC. 6.
Section 114367.5 of the Health and Safety Code is amended to read:114367.5.
(b)The microenterprise home kitchen operation shall keep on file a copy of the valid driver’s license of a person delivering food on behalf of the operation.