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Amherst, NY Business Licensing & Operations: Massage Establishments (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
Zoning Ordinance § 6-6-9A(1)
Requirement
NYS massage therapist or medical license
Local status
Outright prohibition, not a permit
Adopted by
L.L. No. 9-2008

Summary

Amherst's Zoning Ordinance flatly prohibits any massage parlor, studio or establishment operated by a person who is not licensed by New York State as a massage therapist or medical practitioner. Section 6-6-9A(1) lists it among businesses specifically banned town-wide, regardless of zoning district.

Businesses Prohibited. A. The following businesses are specifically prohibited in the Town: (1) A massage parlor, studio or other establishment operated by a person who is not licensed by the State of New York as a massage therapist or as a medical practitioner;

Full Breakdown

L. No. 9-2008, opens with a list of businesses that are 'specifically prohibited in the Town' outright rather than merely restricted to certain locations. The first item on that list is a massage parlor, studio, or other establishment operated by a person who lacks a New York State license as a massage therapist or as a medical practitioner. The prohibition sits alongside bans on sexually oriented encounter centers, video arcades, and unlicensed lingerie or nude modeling establishments, reflecting the Town Board's 2005 secondary-effects study, which found that unlicensed massage operations were frequently used as fronts for the sexually oriented businesses the article targets.

Because the rule is framed as an outright prohibition rather than a locational standard, a massage business cannot cure the problem by relocating or applying for a registration; the operator must hold a valid New York State massage therapist license (or be a licensed medical practitioner) before opening anywhere in the Town, outside the Village of Williamsville's own code. This makes state licensing, issued by the New York State Education Department under Article 155 of the Education Law, the threshold requirement for lawfully operating in Amherst, with the zoning code enforcing it as a use restriction rather than issuing a separate town massage license.

Violations & Fines

Operating a massage parlor or establishment without a New York State massage therapist or medical practitioner license makes it an unlawful use under § 6-6-9A(1), subject to the same unlawful-use enforcement and Zoning Board of Appeals process used for other prohibited sexually oriented businesses in this article; there is no local registration route to cure an unlicensed operation.

Frequently Asked Questions

Can a massage business get a Town of Amherst permit if it lacks a state license?
No. Section 6-6-9A(1) prohibits a massage parlor, studio or establishment outright if it is operated by a person not licensed by New York State as a massage therapist or medical practitioner; there is no local registration or variance that substitutes for the state license.
Where in the code is the massage rule found?
It is listed under 'Businesses Prohibited' in § 6-6-9A(1) of the Zoning Ordinance's Sexually Oriented Businesses article, added by Local Law No. 9-2008, alongside other outright bans like unlicensed lingerie modeling and sexually oriented encounter centers.

Sources & Official References

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