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Midland, TX Business Licensing & Operations: Massage Establishments (2026)

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

Key Facts

Who needs a city license
Only "restricted" establishments with qualifying arrest/conviction history
Operating hours
8:00 a.m. to 8:00 p.m. only
License term
Two years, non-transferable
Application review deadline
45 days; no response equals denial
Inspection frequency cap
No more than once every 60 days
Appeal window
14 days after denial or termination
Maximum fine
$2,000 per violation per day

Summary

Only a "restricted massage establishment" -- one with three or more prostitution-related arrests, a resulting conviction, or a history of state license sanctions at that address -- needs a City of Midland license under Code Section 5-13-4. The city manager has 45 days to approve or deny; licensed businesses operate only 8 a.m. to 8 p.m., bar alcohol on the premises, and face inspections no more than once every 60 days.

(A)City license requirement. A person shall not operate, or assist with or facilitate the operation of, a restricted massage establishment that has not been issued a city license or whose city license has been terminated unless the city council has granted the restricted massage establishment an exemption from the city license requirement. ... (E)Operating under a city license. Each owner, operator, employee, and agent of a restricted massage establishment that is operating under a city license ... shall comply with, and ensure compliance with, the following requirements: ... 3.Operate only between the hours of 8:00 a.m. and 8:00 p.m. ... 9.Prohibit the sale, possession, and consumption of alcoholic beverages on the premises of the restricted massage establishment.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 1 Update 2).

Full Breakdown

Midland Code of Ordinances Chapter 5-13, adopted by Ordinance 10608 on April 8, 2025, runs a two-track system. A plain "massage establishment" offering massage therapy only needs the state license the Texas Department of Licensing and Regulation issues under Occupations Code Chapter 455. A "restricted massage establishment" -- one where three or more arrests or citations for prostitution, promotion of prostitution, or related Penal Code offenses occurred on-site, where such an offense produced a conviction, or where a prior operator or the location itself was sanctioned under Chapter 455 -- must also hold a City of Midland license under Section 5-13-4(A).

An applicant submits owner names, addresses and dates of birth, a premises floorplan, notarized owner statements pledging to prevent trafficking and prostitution offenses, and the property owner's notarized consent. The city manager may direct the police chief to run criminal-history checks and may solicit written comments from property owners within 200 feet before deciding, and must issue or deny the license within 45 days; silence counts as a denial. A license runs two years and cannot be assigned or transferred with the property. , ban alcohol on the premises, bar registered sex offenders from working there, and consent to inspections by police, fire, health and code administration staff, capped at once every 60 days. An owner with a qualifying criminal-history trigger can ask the city manager for a council-level exemption from the license requirement rather than closing.

Violations & Fines

Operating an unlicensed restricted massage establishment, or violating most Section 5-13-4(E) operating rules, is a misdemeanor punishable by up to $2,000, with each day and each separate violation charged separately. Violations proven without a culpable mental state, a strict-liability category under Section 5-13-6(B), cap at $500 per day. The city manager can terminate a license by mailed and emailed notice effective immediately; an owner has 14 days to file a written appeal to the city council, which does not automatically stay the termination.

Frequently Asked Questions

Does every massage business in Midland need a city license?
No. Ordinary massage establishments only need the state license the Texas Department of Licensing and Regulation issues under Occupations Code Chapter 455. A City of Midland license under Section 5-13-4 is required only for a "restricted massage establishment," one with three or more prostitution-related arrests, a resulting conviction, or a history of state sanctions tied to that location or its prior owner.
What hours can a restricted massage establishment operate in Midland?
Section 5-13-4(E)(3) limits operation to 8:00 a.m. through 8:00 p.m. Operating outside that window is one of the operating violations that can be charged without proof of a culpable mental state, carrying a fine up to $500 per day under Section 5-13-6(B).
How long does the city have to approve or deny a massage license application?
The city manager has 45 days after receiving a complete application under Section 5-13-4(C) to issue a license or a written denial. If the city manager takes no action within that window, the application is automatically treated as denied, and the applicant may still appeal under Section 5-13-5.
Can a denied or terminated license be appealed?
Yes. Section 5-13-5 gives an owner or operator 14 days from the denial or termination to file a written appeal with the city manager. The city council then holds a public hearing within 45 days and can reverse the decision, but the denial or termination is not stayed while the appeal is pending.

Sources & Official References

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