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

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

Key Facts

Approval required
Town Board special permit (adult use), § 85-561A
Residential buffer
500 feet from any residential zoning district
Same-use buffer
One mile from another adult use
Sensitive-use buffer
1,000 feet from schools, churches, parks, libraries
Density limit
No more than one adult use per lot
First-offense fine
$2,500 to $6,000 or 15 days jail

Summary

Brookhaven treats every massage establishment as an adult use under Town Code § 85-561, so it cannot open by right anywhere in town. The operator needs a discretionary Town Board special permit, and the site must clear strict distance buffers from homes, schools, churches, parks and any other adult use before the Town Board will even consider the application.

Adult uses, including adult entertainment establishments, adult bookstores, adult motels, adult theaters, massage establishments, and peep shows. (1) The above uses are prohibited within a 500-foot radius of any area zoned for residential use. (2) The above uses are prohibited within a one-mile radius of another such use. (3) The above uses are prohibited within 1,000 feet of the lot line of any premises used for a school, church or other place of religious worship, park, playground, or playing field, library, hospital or similar public or semipublic place of general congregation, or non-degree-granting instruction/programs, including self-defense, dance, swimming, gymnastics, and other sports. (4) No more than one adult use shall be located on any lot.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).

Full Breakdown

Brookhaven Code § 85-1 defines a "massage establishment" as any establishment with a fixed place of business where massages are administered for pay, including massage parlors, sauna baths and steam baths, but the definition specifically excludes hospitals, nursing homes, medical clinics, and the offices of a physician, surgeon, chiropractor, osteopath or duly licensed massage therapist, along with barbershops, beauty salons, spas and health clubs that do not draw their primary revenue from massage. Any use meeting that definition is classified as an adult use under § 85-561A, alongside adult bookstores, adult motels, adult theaters and peep shows, and can only operate after the Town Board grants a special permit under Article XIX of the zoning chapter.

Before granting that permit, the Town Board applies the siting standards in § 85-569A: the establishment cannot sit within a 500-foot radius of any residentially zoned area, within a one-mile radius of another adult use, or within 1,000 feet of a school, church, park, playground, library, hospital or similar place of public assembly, including dance, swimming or gymnastics instruction programs. No more than one adult use may occupy a single lot. On top of the zoning special permit, Chapter 54 of the Town Code requires the operator to file a written application with the Town Clerk stating the applicant's name, the license sought, the location, and the fee to be paid, and the Commissioner of Public Safety may fingerprint certain licensees for a criminal history check through the state Division of Criminal Justice Services. A felony conviction or a crime of moral turpitude can be grounds to deny or revoke the permit under § 54-2C.

Violations & Fines

Operating a massage establishment without the Town Board's adult-use special permit is a zoning violation under § 85-158A: a first offense carries a fine of $2,500 to $6,000 or up to 15 days in jail, a second offense within five years jumps to $5,000 to $10,000, and a third or later offense within five years brings $7,500 to $15,000 and up to six months in jail. Each week of continued violation counts as a separate offense, and the Town Board may revoke the special permit outright for noncompliance under § 85-157C.

Frequently Asked Questions

Can a massage establishment open anywhere in Brookhaven?
No. Brookhaven Code § 85-561A classifies massage establishments as an adult use, so they need a discretionary special permit from the Town Board, not just a building permit. The Town Board evaluates the application under the adult-use siting criteria in § 85-569A before any permit is issued, and it can deny an application that fails those distance requirements outright.
How far must a massage establishment be from a house or school?
Under § 85-569A(1) and (3), the use must sit at least 500 feet from any residentially zoned area and at least 1,000 feet from a school, church, park, playground, library, hospital or similar place of public assembly. It must also stay a full mile from any other adult use in town.
Does a licensed massage therapist's private office need this permit?
No. Section 85-1 excludes from the "massage establishment" definition the office of a physician, surgeon, chiropractor, osteopath or duly licensed massage therapist, as well as barbershops, beauty salons, spas and health clubs whose primary revenue is not massage, so those uses are not subject to the Town Board's adult-use special permit.
What happens if someone operates without the permit?
The Building Division can prosecute under § 85-158A: fines start at $2,500 to $6,000 for a first offense and rise to $7,500 to $15,000 plus up to six months in jail for a third offense within five years, with each week of continued operation charged as a new violation.

Sources & Official References

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