MEETING DATE:
September 22, 2026
SUBJECT:
Title
ORDINANCE NO. 2026-1583 - AMENDING CHAPTER 5.44 (MASSAGE AND MASSAGE TECHNICIANS) OF THE SAN MARCOS MUNICIPAL CODE
Body
Recommendation
Recommendation
INTRODUCE (First Reading) Ordinance amending Chapter 5.44 (Massage and Massage Technicians) of the San Marcos Municipal Code
Body
Board or Commission Action
Not Applicable
Executive Summary
The City of San Marcos (City) regulates massage businesses and technicians through Chapter 5.44 of the San Marcos Municipal Code (SMMC). Historically, the City has regulated operations, issued licenses, and managed enforcement, and the County of San Diego (County) has issued health permits. Following the City’s receipt of notification from the County’s Department of Environmental Health and Quality on April 23, 2026 to the effect that environmental inspections are no longer required, the proposed ordinance was prepared to remove County involvement. If adopted by the City Council, all local compliance will be managed by the City, and County environmental health permits will no longer be required as a condition for operating a massage business.
Discussion
In April 2026, County personnel informed the City by email that it will no longer be conducting environmental inspection or issuing permits as a condition for operating a massage business within the County. As background for its determination, the County stated that because the California Massage Therapy Council (CAMTC) provides certification to massage therapists that meet the requirements established in state law for practicing massage therapy, massage facilities no longer require an environmental inspection and that it sought to transition its involvement in massage regulation to local jurisdictions.
The City has long required CAMTC certification for massage therapists doing business in the City, pursuant to SMMC Chapter 5.44. Additionally, many of the items required to be inspected by the County during an environmental inspection for its permitting process are required by the City in SMMC Chapter 5.44, and can be included in the City’s annual massage establishment inspections.
Accordingly, the proposed ordinance removes references to County health permits from Chapter 5.44 of the SMMC. Additionally, the proposed ordinance includes other updates to Chapter. Specifically, the proposed revisions to SMMC Chapter 5.44 are as follows:
• The definition of “Health Department” and all references made within the Chapter have been deleted.
• The requirement to obtain a Health Permit is deleted.
• Prohibits the issuance of a Massage Establishment License or Business License to any massage location that has had its Massage Establishment License revoked or suspended for a period of 5 years. This includes a Massage Accessory Use, for which only a business license is required by the City.
• Requires that a Massage Establishment License and a City Business License be displayed in public view.
• Provides additional clarification on residential use.
No further changes Chapter 5.44 are proposed at this time; the City will continue its enforcement efforts in collaboration with law enforcement.
Environmental Review
The activity performed under this action is not a “project” as defined under Section 15378 of the California Environmental Quality Act Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000 - 15387) and is therefore not subject to environmental review pursuant to Guidelines Section 15060(c)(3).
Fiscal Impact
The proposed ordinance is not anticipated to cause a significant fiscal impact. Staff processing and inspection time is not expected to increase to any significant degree as a result of the limited changes suggested by the proposed ordinance, as the City already conducts most of these activities. Additionally, the fees may also be adjusted upward in future by City Council action, or administratively by the City Manager, the extent justified by evaluations of costs for staff processing of such applications.
Attachments
County of San Diego April 23, 2026 message regarding cessation of environmental health permitting;
Ordinance modifying Chapter 5.44 (Massage and Massage Technicians) of the San Marcos Municipal Code, and Exhibits A and B thereto
Prepared by: Jacqueline Paterno, Deputy City Attorney
Prepared by: Shauna Vuoti, Business License Officer
Reviewed by: Michelle Bender, City Manager