1. "Enforcement Agency" means the Environmental Health Division (EHD) of the Health, Housing, and Community Services Department (the Department).

2. "Microenterprise Home Kitchen Operator" means the Resident of a Private Home that is responsible for operation and permit.

3. "Resident of a Private Home" means an individual who primarily resides in that private home.

1. Commercial retail food establishment equipment not intended for use in a residence must first be approved by the City of Berkeley Fire Marshall.

2. As specified in the California Retail Food Code regarding MHKOs, the number of meals served per day may be restricted based on the safe food storage and holding capacity of food ingredients that are to be prepared and served the same day.

3. EHD may request the assistance of a Berkeley Fire Department (BFD) Fire Inspector and conduct a re-inspection according to Cal Code section 114367.3(3) should the enforcement officer suspect a fire hazard exists.

1. Directly, or through customers and/or third-party delivery services, cause blockage and/or congestion on City thruways such that the duties of City agencies are impeded, including but not limited to maintenance, solid waste, and street sweeping, or that which results in repeated neighbor complaints by multiple neighbors, including parking congestion.

2. Store greases in such a manner as to be considered a fire hazard whether indoors or outdoors, or that which attracts vermin.

3. Dispose of greases into the municipal sewer system through a residential drain or toilet.

4. Cause a visible build-up of greases inside residential ventilation hoods and shafts, on walls, ceilings, rooftops, and/or other surfaces such that it may constitute a fire hazard or attract vermin.

5. Create nuisance smoke, odors, or noises in common areas, e.g. hallways, shared gathering areas, etc. such that multiple neighbors file complaints.

6. Operating an outdoor wood-burning oven or BBQ in a manner that may constitute a hazard, or that which creates nuisance smoke or odors to a neighboring residence.

7. Storing of refuse in an unsanitary manner or that which attracts vermin. Any refuse generated beyond the capacity of residential waste pickup shall be taken to a waste transfer facility or landfill by the MHKO Operator.

1. No person shall operate MHKO without holding a valid operating permit issued by the Department. Application for a permit shall be made upon a form issued by the EHD and shall be accompanied by any fees established.

2. No person shall operate a MHKO without holding a valid business license per Berkeley Municipal Code 9.04.

1. The EHD shall inspect a MHKO upon the initial application, on an annual basis, due to a consumer complaint, or if there is reason to suspect that unsafe food has been produced. An inspection form provided by the EHD shall be used for all inspections. An inspection will be conducted after advanced notice is given to the Resident of a Private Home and will include Permitted Areas and vehicles used for transporting food to or from a MHKO.

2. The EHD may seek cost recovery at the current EHD hourly rate with a minimum of two hours, if additional inspections or complaint investigations are required to ensure compliance with this ordinance and/or the California Retail Food Code.