James City County, VA Business Licensing & Operations: Massage Establishments (2026)
Key Facts
- Permit required
- State permit under Va. Code § 54.1-3029
- Permit issuer
- State Board of Nursing
- Exempt professions
- Physicians, nurses, physical therapists
- Maximum fine
- $2,500.00
- Maximum jail term
- One year
Summary
It is unlawful to give a massage in James City County unless the technician holds a valid state permit issued under Va. Code § 54.1-3029, and the permit must be on hand during every massage. Touching or exposing an erogenous area during a massage is a separate crime.
It shall be unlawful for person to conduct, perform or permit to be given a massage to a patron in or upon any premises in the county except by a massage technician with a permit issued pursuant to Va. Code ' 54.1-3029. Massage technicians shall have their permit available whenever they perform a massage.
Full Breakdown
James City County Code § 12-115 makes it unlawful for any person to conduct, perform or permit a massage to a patron on premises in the county except by a massage technician holding a permit issued pursuant to Va. 1-3029, and technicians must have that permit available whenever they perform a massage. Section 12-114 defines 'massage' as treating the external parts of the body for medical, hygienic, exercise or relaxation purposes by rubbing, stroking, kneading, tapping, pounding, vibrating or stimulating with the hands or an instrument, or by applying air, liquid or vapor baths.
A 'massage technician' is defined as anyone who administers a massage for consideration and holds a valid permit under that state statute, issued by the State Board of Nursing. Section 12-116 exempts physicians, surgeons, chiropractors, osteopaths, licensed nurses, licensed physical therapists and approved-school graduates acting under a physician's direct prescription, and exempts barbershops and beauty parlors that massage only the scalp, face, neck or shoulders. Section 12-117 separately bars any massage technician from massaging, fondling or touching an 'erogenous area,' defined in § 12-114 as the genitals, pubic area, anus or perineum of any person, or the vulva or breasts of a female, and bars a technician from exposing or failing to keep such an area covered with fully opaque clothing while in a patron's presence. 00 of gross receipts, separate from the individual technician's state permit requirement.
Violations & Fines
Section 12-118 makes any violation of the therapeutic massage article a first-class misdemeanor, punishable by a fine of up to $2,500.00, confinement in jail for up to one year, or both. This penalty covers both operating without a valid technician permit and violating the erogenous-area exposure or touching prohibitions in § 12-117.
Frequently Asked Questions
Does a massage therapist in James City County need a local license or a state permit?
Are barbershops exempt from the massage permit rule?
What is prohibited under the erogenous-area rule?
What is the penalty for violating the massage ordinance?
Sources & Official References
Other rules in James City County
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