Albany, OR Business Licensing & Operations: Massage Establishments (2026)
Key Facts
- Required license
- Oregon Administrative Rules Chapter 334, Division 10
- Code section
- AMC § 5.30.020
- Establishment test
- Fixed place of business earning income from massage
- Who is liable
- Owners, operators, employees, agents, contractors
- Penalty
- Misdemeanor under Chapter 1.04 AMC
- Extra remedy
- Civil injunction to abate the violation
Summary
In the City of Albany, Oregon, no one can run a massage business without a license under Chapter 334, Division 10 of the Oregon Administrative Rules. Operating without one is a misdemeanor, and the City can also seek a civil injunction to abate the violation.
“Massage establishment” means any establishment having a source of income or compensation derived from the practice of massage as defined in subsection (3) and which has a fixed place of business where any person, firm, association or corporation engages in or carries on any of the activities as defined in subsection (3). ... No person shall engage in or carry out the business of massage unless he/she has met and is in compliance with the requirements of and has a license pursuant to Chapter 334, Division 10 of the Oregon Administrative Rules governing massage licensing. ... Any person willfully violating any of the provisions of this chapter shall be guilty of a misdemeanor punishable under the general penalty provided for in Chapter 1.04 of this code. In addition to other penalties as set forth in Chapter 1.04 of this code, the city may also seek abatement of a violation by civil injunction through the appropriate court.
Full Breakdown
Chapter 5.30 of the Albany Municipal Code, titled Massage Parlors, regulates massage businesses in the City of Albany, Oregon. Section 5.30.010(4) defines a massage establishment as any establishment having a source of income or compensation derived from the practice of massage and which has a fixed place of business where any person, firm, association or corporation engages in or carries on massage activities. The definition of massage in § 5.30.010(3) is broad: any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external parts of the human body with the hands or with mechanical or electrical apparatus, under circumstances where it is reasonably expected that the person treated or a third person will pay money or give any other consideration or gratuity.
The licensing requirement in § 5.30.020 is a cross-reference rather than a City permit. No person shall engage in or carry out the business of massage unless he or she has met and is in compliance with the requirements of, and has a license pursuant to, Chapter 334, Division 10 of the Oregon Administrative Rules governing massage licensing. The state license is the qualifying document, and the City code makes holding it a condition of doing business inside Albany. The chapter also defines the people involved: a licensee is the person to whom a license has been issued to own or operate a massage establishment, a masseur or masseuse is anyone who for any consideration engages in the practice of massage, and an employee is any person over 18 years of age, other than a masseur or masseuse, who renders any service in connection with the operation of a massage business.
Section 5.30.030 spreads responsibility widely. Every person, whether acting as an individual owner, employee of the owner, operator or employee of the operator, mere agent or independent contractor, or a participant or worker in any way directly or indirectly, who gives massages or operates a massage establishment without first obtaining a license or permit in accordance with the Oregon Administrative Rules and AMC § 5.30.020, is guilty of a misdemeanor. The exemptions written into the chapter are the only exception to that reach.
Violations & Fines
Under § 5.30.030, willful violation of the chapter is a misdemeanor punishable under the general penalty in Chapter 1.04 of the code, which under AMC § 1.04.010 is a fine of not more than $2,500 or imprisonment not to exceed one year, or both. Each day or portion of a day a violation continues is a separate offense. In addition to those penalties, the City may seek abatement of a violation by civil injunction through the appropriate court, so a closure order can follow a citation.
Frequently Asked Questions
Do I need a City of Albany license to open a massage business?
What counts as a massage establishment in Albany?
Can an employee be charged if the owner is unlicensed?
Can Albany shut a massage business down for operating unlicensed?
Sources & Official References
Other rules in Albany
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