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Chesapeake, VA Business Licensing & Operations: Massage Establishments (2026)

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

Key Facts

Permit required
Annual operator's permit, Sec. 38-76
Permit fee
$40 plan review + $40 issuance/renewal
Therapist requirement
Certification by state Board of Nursing
Background check
Director may require criminal history review
Enforcing office
Chesapeake Department of Public Health

Summary

Every massage therapy establishment in Chesapeake needs an annual operator's permit from the Health Department under City Code Sec. 38-76, and every massage therapist must be certified by the state board of nursing. Permits cost $40 to issue or renew, plus a separate $40 plan-review fee, and the director can run a criminal background check before approving an applicant.

It shall be unlawful for any massage therapy establishment operator who does not possess a valid massage therapy establishment permit to operate a massage therapy establishment in the city. ... The director is authorized to charge a fee of $40.00 for plan review of massage therapy establishments and a fee of $40.00 for both the original issuance and annual renewals of a massage therapy establishment operator's permit.

Full Breakdown

Chesapeake regulates massage therapy establishments through Chapter 38, Article III of the City Code. Sec. 38-76 makes it unlawful for a massage therapy establishment operator to run a facility without a valid operator's permit, and Sec. 38-62 backs that up by requiring every massage therapist to be certified by the state board of nursing, with therapists who held a valid permit before the ordinance given one year to get certified. Sec. 38-77 requires a written application to the director, who may order a criminal background check and must refuse the permit to anyone found to have committed a felony or a crime of moral turpitude.

Sec. 00 for both the original issuance and each annual renewal of the operator's permit. Under Sec. 38-79, the permit is valid for one year, is not transferable between operators or locations, and must be posted in full public view. Sec. 38-80 lets the director suspend or revoke a permit for violating the article or the health department's rules. The article also bans specific conduct: Sec. 38-62 prohibits touching or massaging an 'erogenous area,' defined as the genitals and, for a female, the nipples and areolae, and bars performing an off-premises massage in a private room at any hotel, motel, or transient lodging facility as defined at Sec.

30-351. Minimum-facility rules under Division 3 require adequate dressing space, self-closing toilet room doors, and at least 20 foot-candles of light in every room, including toilet rooms. Complaints go to the department of public health, and any law enforcement officer may issue a summons for a violation under Sec. 38-63.

Violations & Fines

Operating without a valid Sec. 38-76 permit, or letting an uncertified person perform massages, exposes the operator to enforcement by the director of public health, who may suspend or revoke the permit under Sec. 38-80 for any violation of the article or health department rules. Any citizen may file a complaint with the health department, and any law enforcement officer may issue a summons under Sec. 38-63. Prohibited conduct, including touching an 'erogenous area' or performing an unlicensed off-premises massage at a hotel, is enforceable the same way.

Frequently Asked Questions

Do I need a permit to open a massage therapy establishment in Chesapeake?
Yes. Sec. 38-76 makes it unlawful for an operator to run a massage therapy establishment without a valid annual permit from the health department. Sec. 38-78 sets a $40.00 plan-review fee plus $40.00 for the permit's original issuance and each annual renewal.
What qualifications does a Chesapeake massage therapist need?
Massage therapists must be certified by the Virginia Board of Nursing, per Sec. 38-61's definitions and Sec. 38-62's prohibition on uncertified practice. Therapists who already held a valid operator's permit when the ordinance took effect were given one year to obtain certification.
Can Chesapeake deny a massage establishment permit for a criminal record?
Yes. Sec. 38-77 lets the director require a criminal background check, and the director must refuse a permit to any applicant found to have committed a felony or a crime of moral turpitude.
What conduct is banned inside a Chesapeake massage establishment?
Sec. 38-62 bars touching or massaging an 'erogenous area,' defined as the genitals and, for a female, the nipples and areolae, requires that area to stay covered, and prohibits performing an off-premises massage in a private hotel or motel room.

Sources & Official References

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