Legislation Details

File #: TMP-2516    Version: 1 Name:
Type: Informational Report Status: Agenda Ready
File created: 9/14/2026 In control: City Council
On agenda: 9/22/2026 Final action:
Title: ORDINANCE NO. 2026-1583 - AMENDING CHAPTER 5.44 (MASSAGE AND MASSAGE TECHNICIANS) OF THE SAN MARCOS MUNICIPAL CODE
Attachments: 1. County Email to SM - RE_ SD County DEHQ - Massage Program Changes - San Marcos, 2. Chapter 5.44 Ordinance final, 3. Exhibit A - Ordinance Amending SMMC Chapter 5.44, 4. Exhibit B - Ordinance Amending SMMC Chapter 5.pdf
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
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Recommendation
Recommendation
INTRODUCE (First Reading) Ordinance amending Chapter 5.44 (Massage and Massage Technicians) of the San Marcos Municipal Code

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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 e...

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