New rules to clear path for ‘pop-up’ restaurants
OAKLAND >> Many of those pop-up restaurants that have sprung up all over — mostly under the radar — will be considered legal in Alameda County next month.
The county will have new rules by then that officials hope will clarify what the temporary restaurants are allowed to do and comply with upcoming changes in state regulations.
Though pop-ups have operated throughout the county for years, it’s unknown how many exist. Still, it was a surprise to many when a county health inspector in August abruptly shut down Nokni, a 3-year-old popup inside Oakland’s Kebabery, just as operators Julya Shin and Steve Joo were cooking dinner.
The restaurant on Market Street was closed for the day and the inspector issued Nokni a cease-anddesist notice.
The action, which stunned fans of the pair’s Korean food, underscored that Alameda County had no rules for pop-ups, despite their popularity.
It prompted supervisors to hold a Sept. 10 hearing that culminated with them allowing pop-ups to resume operating until code enforcement could be reviewed and new rules drafted.
“The problem is that the food industry has developed so quickly,” Supervisor Wilma Chan said, noting that state law has not kept pace with the variety of ways people now dine out. “That leaves cities and counties with their own policies and regulations.”
Joo said in an interview Monday he wants more details about what the county is putting in place but looks forward to working with officials on reopening his pop-up, which he has held at about 10 locations at various times.
“It’s a step in the right direction,” Joo said.
Pop-ups emerged during the 2008 economic recession, when struggling chefs, looking for places to offer meals, ended up hosting events without permits inside established restaurants.
Some cooks also opened food trucks, while others took part in the underground food scene, which can be entirely outside the law where news about events is spread via social media.
Pop-ups will be allowed within facilities that have Alameda County permits to serve food, but the places must sign off with the county as being a “host facility,” according to the new rules.
The host restaurants will be required to ensure at least one person certified in food safety is present while the pop-up is operating, food preparation areas and restrooms are clean and alcohol is served by someone with a license from the state’s Alcoholic Beverage Control.
The new rules were outlined to the county board of supervisors’ health committee on Monday.
Under the rules, pop-up operators must apply for a permit through the Alameda County Environmental Health Department and pay a fee; the amount was not disclosed Monday because it had not yet been established.
Meanwhile, beginning in January, state regulations will include tweaked definitions of a catering operation and updated requirements for food handling and safety.
San Francisco currently has a pop-up enforcement program and Contra Costa County regulates them as caterers under the state retail food code.
Ron Browder, director of Alameda County’s environmental health department, said much of the time between now and enactment of the new rules next month will be spent training the county’s 18 inspectors on enforcement.
“There will be lots of things to do by then,” he said. “But that is our goal.”