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San Marcos, CA Business Licensing & Operations: Massage Establishments (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

License needed
Massage Establishment or Outcall Massage License
Technician credential
Current CAMTC Certificate required
Permitted hours
8:00 a.m. to 10:00 p.m. only
Misdemeanor fine
$100.00, no part suspended
Post-revocation ban
5 years before re-licensing
Records retention
Massage log kept 2 years

Summary

San Marcos requires a separate Massage Establishment or Outcall Massage License for every massage business, on top of a CAMTC certificate for each technician, with a detailed application, background checks disqualifying certain criminal histories, and a $100 fine plus possible five-year operating ban for violations.

This Section shall apply to the issuance or renewal of a Massage Establishment License or Outcall Massage License. This Section shall not apply to Massage Accessory Use businesses. (a)Uniform Licensing Procedure. Except as otherwise provided in this Chapter, the procedure to follow to obtain a Massage Establishment License or Outcall Massage License within the jurisdiction of the City is that set forth in the Uniform Licensing Procedure under Chapter 5.04 of this Municipal Code. ... (d)License Application Fee, Renewal Application Fee. The nonrefundable Massage Establishment License or Outcall Massage License application fee, and the nonrefundable Massage Establishment License or Outcall Massage License annual renewal fee, shall be set by resolution adopted by the City Council. The appropriate fee shall accompany the submission of each Massage Establishment License or Outcall Massage License application, or renewal application, as applicable, to defray in part the reasonable costs of administration, inspection, investigation and enforcement of this Chapter.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 14 Update 1).

Full Breakdown

04, with a nonrefundable application fee and annual renewal fee set by City Council resolution (Sec. 060). The application must list the business's legal name and structure, the establishment's address and lease, every massage technician's name and current California Massage Therapy Council (CAMTC) certificate, all owners, operators and managers with their addresses, driver's license or photo ID, and physical descriptors, plus a signed authorization for a law-enforcement background check for anyone without a CAMTC certificate (Sec. 060(b)). The Issuing Officer must deny an application if any owner, operator or manager is required to register as a sex offender under Penal Code Section 290 or has been convicted of specified offenses including pandering, indecent exposure, keeping a disorderly house, prostitution-related offenses, felony drug crimes, or offenses involving theft, dishonesty or moral turpitude, or has had a license revoked or suspended anywhere in the last ten years (Sec.

060(e)). Separately, Sec. 050 makes it unlawful for any individual to perform massage anywhere in the City, and for any massage business to operate, without every technician holding a current CAMTC certificate. m. (Sec. 080(d)); a licensed Massage Establishment License is not transferable without prior written City approval and cannot be transferred within five years of a revocation or suspension (Sec. 060(f)); and Massage Accessory Use businesses, where massage occupies less than 20 percent of a primary permitted use's floor area, are exempt from the establishment license itself but must still meet CAMTC certification and background-check disclosure rules (Sec. 070).

Violations & Fines

Any person who violates a provision of Chapter 5.44, whether an owner, operator, manager, technician or independent contractor, is guilty of a misdemeanor, and upon conviction the court must impose a $100.00 fine with no part suspended (Sec. 5.44.110). Operating a massage business contrary to the chapter is also declared a public nuisance the City may abate through civil proceedings in addition to criminal prosecution (Sec. 5.44.120). A license may be suspended or revoked for disqualifying criminal convictions, material misrepresentation on an application, violations of State massage law, or repeat operating-requirement violations (Sec. 5.44.130(a)); once revoked, the licensee cannot operate a massage business in San Marcos for five years (Sec. 5.44.130(c)). A license not renewed within 30 days of expiration is automatically suspended and is automatically revoked if not renewed within six months.

Frequently Asked Questions

Do individual massage therapists need their own credential in San Marcos?
Yes. Sec. 5.44.050 makes it unlawful for anyone to perform massage in the City, and for any massage business to operate, unless the technician holds a current, valid CAMTC certificate from the California Massage Therapy Council.
What background checks does San Marcos run on massage business owners?
Under Sec. 5.44.060(e), the City must deny a license if an owner, operator or manager is required to register as a sex offender under Penal Code Section 290 or has been convicted of offenses including pandering, indecent exposure, prostitution-related crimes, felony drug offenses, or crimes of theft or moral turpitude.
What hours can a San Marcos massage business operate?
Sec. 5.44.080(d) limits massage services to the hours between 8:00 a.m. and 10:00 p.m.; no massage may be performed between 10:00 p.m. and 8:00 a.m.
What is the penalty for violating the massage ordinance?
Sec. 5.44.110 makes any violation a misdemeanor carrying a mandatory $100.00 fine with no part suspended, and the City can also pursue civil nuisance abatement under Sec. 5.44.120 and revoke the license for five years under Sec. 5.44.130.

Sources & Official References

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