Brookhaven, NY Business Licensing & Operations: Massage Establishments (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.
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?
How far must a massage establishment be from a house or school?
Does a licensed massage therapist's private office need this permit?
What happens if someone operates without the permit?
Sources & Official References
Other rules in Brookhaven
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