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 n...
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