MEETING DATE:
October 28, 2025
SUBJECT:
Title
ORDINANCE NO. 2025-1566 & RESOLUTION NO. 2025-9507 - AMENDING TITLE 5 (BUSINESS REGULATIONS), CHAPTER 5.55 (TOBACCO RETAIL LICENSE) AND CHAPTER 5.04 SECTION 5.04.110 (UNIFORM LICENSING PROCEDURES) OF THE SAN MARCOS MUNICIPAL CODE, AND AMENDING THE INFRACTION AND MISDEMEANOR BAIL SCHEDULE
Body
Recommendation
Recommendation
INTRODUCE (1st reading) an ordinance amending Title 5 (Business Regulations), Chapter 5.55 and Chapter 5.04 (Uniform Licensing Procedures) of the San Marcos Municipal Code; and
ADOPT a resolution amending the City of San Marcos Infraction and Misdemeanor Bail Schedule
Body
Board or Commission Action
Not Applicable
Executive Summary
Chapter 5.55 of the San Marcos Municipal Code (SMMC) governs the issuance of the Tobacco Retail License (TRL). The Chapter encourages responsible tobacco retailing and discourages violations of laws that prohibit the sale or distribution of prohibited tobacco products. City staff has identified updates to SMMC Chapter 5.55 that will promote and improve the effective enforcement of local, state, and federal tobacco retailing laws.
SMMC Chapter 5.04 provides uniform procedures for licensing specific businesses in the City; as SMMC Section 5.04.110 requires a Hearing Officer to provide their decision on a license appeal within two days, staff recommends that the time period be changed to ten days for consistency with appeal hearing decision procedures in SMMC Chapter 1.14.
Lastly, staff recommends that the City Council approve an amendment to the City’s Infraction and Misdemeanor Bail Schedule to include updated fine amounts for violations of SMMC Chapter 5.55.
Discussion
San Marcos has 52 licensed tobacco retailers, including small, family-owned businesses, gas stations, and grocery stores. This figure is lower than that of than neighboring jurisdictions and represents the second lowest number of retailers per capita in the San Diego region. No new TRLs have been issued in recent years, and since 2021 the number of retailers has decreased from 58. This reflects the City’s ongoing effort to limit tobacco access and reduce youth exposure to tobacco products.
In coordination with the Vista Community Clinic (VCC) and the Prevention Coalition, the City supports youth decoy operations at all tobacco retail locations to identify and address prohibited underage sales. The City also partners with the Sheriff’s Department to carry out annual compliance checks on all tobacco retailers. These proactive enforcement efforts demonstrate the City’s strong commitment to preventing youth access to tobacco products and reducing tobacco use among underage populations. As a result of these activities, City staff has identified updates to SMMC Chapter 5.55 that will further strengthen enforcement and ensure the SMMC promotes the City’s public health goals.
Proposed Updates Include:
• Language updates that explicitly cover nicotine pouches and other emerging nicotine products.
• Clarification of enforcement language to ensure that each separate violation is counted and can be fined separately according to the escalation enforcement policy of SMMC 5.55.100, even if arising from the same inspection.
• Addition of fines for each violation, in addition to current license suspension penalties:
o 1st violation - $1,000 fine and warning
o 2nd violation - $1,000 fine and up to a 90-day suspension
o 3rd violation - $1,000 fine and up to a one-year suspension
o 4th violation - $1,000 fine and possible revocation
• Update the description of window frontage advertisement prohibitions for clarity and consistency with the City’s Zoning Ordinance.
• Clarification of youth decoy and annual compliance checks programs to ensure descriptions are accurate with current efforts.
• Updates to enhance administrative efficiency, such as permitting electronic notification of date-setting for appeal hearings.
• Clarification of retailer obligations during suspension hearings.
SMMC Chapter 5.04 provides uniform procedures for the licensing of specified businesses in the City. SMMC Section 5.04.110 requires a Hearing Officer to provide their written decision on a license appeal within two (2) days; staff propose to amend the time period in this Section to ten (10) days to align with appeal hearing procedures in SMMC Chapter 1.14. This will also provide the Hearing Officer adequate time to prepare their written decision.
Staff also recommends the amendment of the City’s current Misdemeanor and Infraction Bail Schedule to reflect the above-described fine amounts, as reflected in Attachment 2 to the Resolution. Adoption by resolution will mean that the fines are effective upon adoption, and they would be applied to future violations.
Additionally, staff will discontinue the implementation of the discounted rate authorized by Resolution 2016-8235. The discount program allows staff to discount the TRL annual fee for retailers meeting certain compliance measures. That policy did not promote TRL compliance, and instead increased staff administration requirements. An internal City policy will outline procedures for an updated approach that does not include a discount.
Upon adoption of this Ordinance, staff will work with community organizations to provide ongoing education and outreach to tobacco retailers, as well as training and resources for City staff to support effective program administration. The proposed revisions to the TRL regulations should not require a change to the regular business practices of tobacco retailers who are following local, state, and federal tobacco retail laws.
Environmental Review
The proposed actions do not constitute a “project” as defined under section 15378 of the California Environmental Quality Act State Guidelines (CEQA Guidelines) set forth at California Code of Regulations, Title 14, Division 6, Chapter 3. Therefore, pursuant to CEQA Guidelines section 15060(c)(3), no environmental review is required. Notwithstanding the foregoing, the proposed actions contemplated hereunder qualify for an exemption pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility of a significant effect on the environment.
Fiscal Impact
There is no direct fiscal impact associated with the requested actions to update the associated SMMC Chapters and to amend the Infraction and Misdemeanor Bail Schedule, however additional fine amounts may assist with cost recovery for enforcement efforts.
Attachment(s)
Ordinance - Amending Title 5, Chapter 5.55 and Chapter 5.04, of the San Marcos Municipal Code
Attachment A - Clean version of proposed amendments to SMMC Chapter 5.55
Attachment B - Strike-out/underline version of proposed amendments to SMMC Chapter 5.55
Attachment C - Clean version of proposed amendments to SMMC section 5.04.110
Attachment D - Strike-out/underline version of proposed amendments to SMMC § 5.04.110
Resolution - Amending the Misdemeanor and Infraction Bail Schedule,
Attachment 1 - Current Misdemeanor and Infraction Bail Schedule
Attachment 2 - Entry to be inserted into the Misdemeanor and Infraction Bail Schedule
Prepared by: Beth Herzog, Administrative Services Manager
Jacqueline Paterno, Deputy City Attorney
Reviewed by: Sylvia Solis Daniels, Housing and Neighborhood Services Director
Approved by: Michelle Bender, City Manager