What's at stake?
Pending a final approval, the county looks to introduce a legal pathway for residents who want to sell food made from their homes
Fresno County is gearing up to allow residents to store, prepare and serve food from their homes.
The Fresno County Board of Supervisors on Tuesday unanimously approved the first reading of an ordinance that will set up a two-year pilot program to allow for in-home kitchen operations starting in 2027 — a move they hope will serve as a local economic driver as well as a stepping stone for residents hoping to get into the restaurant business.
California lawmakers allowed for counties to introduce these programs, known as Microenterprise Home Kitchen Operations, or MEHKOs, through a pair of assembly bills — AB626 and AB377. The state legislature passed the bills in the hopes of introducing a new legal pathway for residents to participate in the food service industry on the cheap.
“I think the best way to describe this is essentially an entrepreneur pipeline,” said board vice chair Luis Chavez. He added that he sees these new opportunities as a “first break” for young entrepreneurs who may one day want to own their own truck or brick-and-mortar restaurant.
The new program has been in the works in Fresno County for some time now. In 2024, Fresno County received about $155,000 in state grants to research the feasibility of implementing the program locally.
The board will still need to vote on a second hearing for the ordinance before it becomes official; that hearing is set for July 14.
Joe Prado, Fresno County’s director of Public Health, said that the department was looking to approve the ordinance months before implementation, at least in part, to allow enough time for the county to collaborate with its cities to best outline the program’s rollout.
Dozens of residents wearing green T-shirts came to the Fresno County Hall of Records on Tuesday to show support for the program. At times, the board chambers reached capacity, leaving some residents momentarily locked from entering the meeting room.
Veva Islas, a Fresno Unified School trustee and director of a local nonprofit that works with mobile food vendors, was among the many residents who spoke in support of the program. Islas said she sees the program as providing a policy for vendors who are currently serving food under-the-table to be able to work above-board.
“This is not about creating a new industry,” Islas said. “Home cooks are already serving customers throughout Fresno County. The difference is that many are doing so without a realistic pathway to operate as legitimate businesses.”
Still, there was some opposition to the new policy.
Lorraine Salazar, a local restaurant owner and member of the California Restaurant Association, said she was concerned about a lack of “parity” in how brick-and-mortar establishments and these new in-home operations will be enforced — a concern most other critics who spoke on Tuesday shared.
Restaurants can face about four inspections within a twelve month period from the local health department. MEHKOs may face one, according to state law.
Fresno County staff said that their enforcement goes above and beyond state guidelines by requiring at least one inspection every 12 months, as well as requiring monthly reporting from the in-home kitchens on how their business is going.
The state’s MEHKO legislation currently caps sales from in-home kitchens to be capped at 90 meals per week, and for business owners to make no more than about $100,000 annually, though that number increases every year through the consumer price index.
In an attempt to assuage some of those concerns, the board approved Tuesday’s ordinance with some changes. Specifically, they directed county staff to investigate whether MEHKO operators can be required to apply to the California Tax and Fee Administration for a permit, force owners to file tax returns annually, create a mechanism to have the county collect sales taxes on MEHKO transactions, and to see if it would be legal to include one more unannounced health inspection during a twelve month period.
“That would make me feel more comfortable in terms of protecting the public as we see how this all works,” said board chair Garry Bredefeld. “And hopefully it all works well.”
Fresno County voters, meet Measure A
The Fresno County Board of Supervisors also unanimously agreed to put a Transient Occupancy Tax on this year’s general election ballot. If approved, the county stands to gain about $4.5 million in general tax revenue that will predominantly be paid for by tourists and non-locals.
The move will ask Fresno County residents whether they want to tax out-of-towners when they stay at local hotels and short-term lodging.
Of California’s 58 counties, Fresno is one of only three that don’t already have a transient occupancy tax. According to county staff, they are the only one of those three that is leaving money on the table.
“This is rectifying something that should have been addressed a long time ago,” said Bredefeld.
During Tuesday’s meeting, the supervisors said they hope the fact that the tax base will be paid for by visiting residents will help get the measure approved by local voters. Chavez added that Fresno residents already pay versions of this tax whenever they visit tourist locales across the state.
“To me, this is really a fairness question,” Chavez said. “Folks are coming in here using our infrastructure, our roads, our emergency (services), utilities, and all things of that sort. I think it’s fair to ask folks that come into our community to pay for that.”
The tax will show up on the November ballot as “Measure A.” It will need a simple majority vote to pass.
The tax will also only be imposed on hotels and short-term lodging located in the county’s unincorporated areas.
Measure A is a general tax, which means the board of supervisors would have discretion on how to spend that money.
