SAN MARCOS — Tobacco retailers in San Marcos who sell to customers younger than 21 will face stiffer penalties, including steeper fines and potential license consequences, after the City Council unanimously approved changes to its municipal code this week.
San Marcos Sheriff’s deputies conduct annual checks at tobacco retail businesses throughout the city as well as minor decoy operations, in which someone under 21 attempts to purchase tobacco to test a retailer’s compliance with the law.
The city’s 2016 Tobacco Retailer License ordinance established a fee schedule, requiring a $100 fine for the first instance of selling to underage customers, followed by $200 for the second instance, $500 for the third, and then $1,000 for any subsequent violations within 18 months.
However, city staff say they don’t believe these penalties are harsh enough for tobacco retailers to take seriously, with four local retailers found to be selling to those under 21 in 2025.
Now, retailers will be fined $1,000 per violation, with a warning issued for the first offense. Second and third violations will result in a 90-day suspension, followed by a one-year suspension, and may lead to license revocation upon the fourth violation.
“We believe that making the consequences of even initial violations much more significant and severe monetarily may incentivize retailers to comply. It’s clear to me that the existing reliance on the administrative fine process and amounts is not doing the job,” said City Attorney Helen Peak.
Retailers are prohibited from making any tobacco sales in their stores or online during the suspension period. Updated code language also clarifies that each violation can be counted and fined separately, even if they arise from the same inspection.
Council members also amended the tobacco retail license ordinance to include emerging products, such as nicotine pouches like ZYN pouches, which are gaining popularity.
“These emerging products are not just dangerous and marketed at kids and young adults, they’re also just very concentrated, which makes them even scarier for long-term effects,” said Councilmember Danielle LeBlang.
Leaders and residents, including youth and parents involved in the San Marcos Prevention Coalition, said the city needs to send a stronger message to retailers to curb the epidemic of tobacco use, particularly vaping, among youth.
In a 2024 U.S. survey, around 5.4% of middle school students and 10% of high school students reported using tobacco products within the past 30 days, according to the Centers for Disease Control.
“The public health and safety of youth in San Marcos are threatened when tobacco retailers fail to comply with local laws,” said Lisa Archibald, director of programs at Vista Community Clinic. “Bad businesses are benefitting from dodging fines that they should be paying, which end up costing youth a lifelong struggle of tobacco addiction.”
Brenna Gill, a freshman at San Marcos High School, said vaping among her peers has been an issue since middle school, and she now sees many kids vaping when walking to and from school.
She also noted that there are several tobacco retailers in proximity to San Marcos High School, with some located across the street.
“While it’s great that San Marcos is going to make sure stores are not selling these products to kids, it would be great if the city would make sure the stores are not near schools or too close to each other,” Gill said. “Seeing them all the time can make kids think they’re okay and not bad for their health.”
Other speakers urged the council to crack down harder on the illegal sale of flavored vapes, and to have a longer “look-back period” of up to five years for retailers that have violated the law.
Peak said she is confident that the city’s record-keeping would allow for a three-year look-back period, but she would be less confident about a five-year look-back.
Council members unanimously supported the ordinance, noting that retailers need to take regulations more seriously.
“I don’t think that retailers who sell to minors are doing it by mistake,” said Councilmember Mike Sannella. “If they do choose to do that, they should be fined, and hopefully that’ll encourage them not to sell to minors.”
San Marcos officials report a lower concentration of tobacco retailers in the city than in other jurisdictions, with 52 retailers, including small businesses, gas stations, and grocery stores.
