Massage Therapy Permits & Licenses in Bismarck, ND

Complete guide to permits and licenses required to start a massage therapy in Bismarck, ND. Fees, renewal cycles, and agency contacts.

Occupational Safety and Health Administration (OSHA) General Industry Standards

Occupational Safety and Health Administration (OSHA)
May Apply
Renewal: one time
Type: permit

Relevant standards include ergonomics, bloodborne pathogens (29 CFR 1910.1030), and general workplace safety.

Americans with Disabilities Act (ADA) Title III – Public Accommodations

U.S. Department of Justice (DOJ)
Required
Renewal: one time
Type: permit

Massage therapy clinics are considered places of public accommodation and must provide equal access to individuals with disabilities (e.g., wheelchair‑accessible treatment rooms, auxiliary aids).

Federal Trade Commission (FTC) Advertising and Marketing Guidelines

Federal Trade Commission (FTC)
Required
Renewal: one time
Type: permit

Massage therapy businesses must ensure that any health‑benefit claims are truthful, not misleading, and supported by competent evidence.

Department of Labor – Fair Labor Standards Act (FLSA) Wage & Hour Requirements

U.S. Department of Labor (DOL)
May Apply
Renewal: one time
Type: permit

Applies to minimum wage, overtime, recordkeeping, and child‑labor rules for massage therapists who are classified as employees.

Department of Labor – I‑9 Employment Eligibility Verification

U.S. Department of Labor (DOL) – Immigration & Customs Enforcement (ICE)
May Apply
Renewal: one time
Type: permit

Even if the massage therapist is an independent contractor, the LLC must not treat them as an employee for I‑9 purposes.

Environmental Protection Agency – Hazardous Waste Management (if applicable)

Environmental Protection Agency (EPA)
May Apply
Renewal: one time
Type: permit

Most typical massage therapy operations use only non‑hazardous cleaning agents; therefore this requirement is often not triggered.

Certificate of Authority (LLC Registration)

North Dakota Secretary of State
Required
Fee: $135.00-$135.00
Renewal: one time
Type: registration

Required for foreign LLCs; domestic LLCs file Articles of Organization ($135). Renewal via biennial report.

Biennial Statement (LLC Renewal)

North Dakota Secretary of State
Required
Fee: $50.00-$50.00
Renewal: one time
Type: registration

Applies to all LLCs; filed online or by mail.

Massage Therapist License

North Dakota Board of Massage Therapy
Required
Fee: $150.00-$150.00
Renewal: one time
Type: license

Required for all practicing massage therapists. Prerequisites: 500 hours approved education, PASS MBLEx exam (75% score), background check, CPR certification.

Massage Therapy Establishment License

North Dakota Board of Massage Therapy
Required
Fee: $200.00-$200.00
Renewal: one time
Type: license

Required for any fixed location offering massage therapy. Must have licensed therapist on staff; inspections required. Application includes floor plan, policies.

Assumed Business Name (DBA) Registration

North Dakota Secretary of State
May Apply
Fee: $25.00-$25.00
Renewal: one time
Type: registration

Required if using trade name/DBA. Published in official newspaper for 3 weeks prior to filing.

Sales Tax Permit

North Dakota Office of State Tax Commissioner
May Apply
Fee: $0.00-$0.00
Renewal: one time
Type: registration

Massage services generally nontaxable, but permit needed if selling lotions/oils. Free online registration.

North Dakota State Sales and Use Tax Permit

North Dakota Office of the State Tax Commissioner
May Apply
Renewal: one time
Type: registration

Massage therapy services are not subject to sales tax in North Dakota per ND Century Code § 57-39-02. However, if the business retails massage-related products (e.g., lotions, candles), a sales tax permit is required. See: https://www.nd.gov/tax/salesuse

North Dakota Withholding Tax Registration

North Dakota Office of the State Tax Commissioner
May Apply
Renewal: one time
Type: registration

Required for all employers who withhold state income tax from employee wages. Employers must register via the Taxpayer Access Point (TAP). Filing frequency (monthly/quarterly) is determined by tax liability. See: https://www.nd.gov/tax/withholding/employers

Federal Payroll Tax Reporting (Form 941, Form 940)

Internal Revenue Service (IRS)
May Apply
Renewal: annual
Type: filing

Form 941 reports quarterly federal income tax withheld and employer/employee FICA taxes; Form 940 reports annual FUTA tax.

North Dakota Unemployment Insurance Tax Registration

North Dakota Job Service
May Apply
Fee: $13000.00-$13000.00
Renewal: one time
Type: registration

All employers with one or more employees must register. New employers are assigned a standard rate (e.g., 2.9% in 2024) until experience rating is established. See: https://www.nd.gov/dlr/employer-accounts/employer-registration

North Dakota Franchise Tax or Gross Receipts Tax

North Dakota Office of the State Tax Commissioner
Required
Renewal: one time
Type: registration

North Dakota does not impose a franchise tax or gross receipts tax on LLCs or other business entities. This is confirmed by the North Dakota Tax Commissioner's website: https://www.nd.gov/tax/businesses

Local/City Business License or Privilege Tax

Varies by municipality
May Apply
Fee: $50.00-$200.00
Renewal: one time
Type: registration

Many cities in North Dakota (e.g., Fargo, Bismarck, Grand Forks) require a local business license or privilege tax. Massage therapy businesses operating from a physical location may be subject to this. Check with the city clerk. Example: Fargo Business License - https://www.fargo.gov/DocumentCenter/View/1234/Business-License-Information-PDF

North Dakota State Income Tax Filing Obligation

North Dakota Office of the State Tax Commissioner
Required
Renewal: one time
Type: permit

North Dakota taxes individual income. LLC owners must report business income on their personal ND income tax return (Form 50). No entity-level income tax for LLCs. Due date aligns with federal deadline. See: https://www.nd.gov/tax/income/individual

City Business License

City of Fargo
May Apply
Fee: $50.00-$200.00
Renewal: annual
Type: license

Massage therapy falls under general business license; specific massage license required at state level. Fargo Municipal Code Chapter 31.

Massage Establishment License

City of Fargo
May Apply
Fee: $250.00-$250.00
Renewal: annual
Type: license

Requires state-licensed therapists on staff; inspection required. Fargo Code Sec. 31-1731 et seq.

Zoning Compliance/Use Permit

City of Fargo Planning Department
May Apply
Fee: $150.00-$500.00
Renewal: one time
Type: permit

Massage parlors restricted to commercial zones (C-2+); conditional use permit may be required. Fargo Zoning Code Article 13.

Home Occupation Permit

City of Fargo
May Apply
Fee: $50.00-$50.00
Renewal: annual
Type: permit

Limited to 25% of home; no external signage; client visits restricted. Fargo Zoning Code Sec. 20-0905.

Building Permit

City of Fargo Inspections Division
May Apply
Fee: $0.50-$2.00
Renewal: one time
Type: permit

Required for interior build-out, plumbing/electrical changes.

Sign Permit

City of Fargo Planning & Development
May Apply
Fee: $50.00-$50.00
Renewal: one time
Type: permit

Massage business signs limited to 32 sq ft; no 'massage parlor' terminology. Zoning Code Article 21.

Fire Inspection/Certificate of Occupancy

City of Fargo
May Apply
Fee: $75.00-$75.00
Renewal: one time
Type: permit

Assembly occupancy requirements for client waiting areas. Fire Code adoption of IFC 2018.

Health Department Permit

Bismarck-Burleigh Public Health
May Apply
Fee: $150.00-$400.00
Renewal: annual
Type: license

Sanitation inspection required; linen protocols enforced.

Burglar Alarm Permit

City of Fargo Police Department
May Apply
Fee: $40.00-$40.00
Renewal: annual
Type: permit

Required for all commercial alarm systems.

Bismarck Massage Establishment License

City of Bismarck
May Apply
Fee: $200.00-$200.00
Renewal: annual
Type: license

Bismarck Municipal Code Chapter 6-15. Requires criminal background checks.

Grand Forks Zoning for Massage Establishments

City of Grand Forks
May Apply
Fee: $150.00-$150.00
Renewal: one time
Type: permit

Restricted to B-2 commercial zones only. Grand Forks Zoning Code Section 18.32.

Workers' Compensation Insurance

North Dakota State Water Commission (Administered by the North Dakota Workers’ Compensation Bureau)
May Apply
Fee: $500.00-$2000.00
Renewal: one time
Type: certificate

North Dakota law (ND Codified Laws § 41‑01‑01 et seq.) requires all employers with at least one employee to carry workers’ comp insurance or be self‑insured and approved by the state. The LLC’s owners are exempt unless they are also employees.

Commercial Auto Liability Insurance

North Dakota Department of Transportation – Vehicle Registration Division
May Apply
Fee: $25000.00-$25000.00
Renewal: one time
Type: certificate

North Dakota minimum liability limits are $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 for property damage (ND Rev. Stat. § 28‑01‑01).

General Liability Insurance

None (not state-mandated)
Required
Fee: $500.00-$1500.00
Renewal: one time
Type: certificate

North Dakota does not mandate general liability insurance for massage therapy businesses, but many clients and commercial landlords require proof of coverage.

Professional Liability (Errors & Omissions) Insurance

North Dakota Department of Insurance – Consumer Information
May Apply
Fee: $300.00-$300.00
Renewal: one time
Type: certificate

While the statute does not explicitly require a bond, the Board’s licensing rules (ND Admin. Code 12‑03‑02) state that a practitioner must carry professional liability insurance with minimum limits of $100,000 per claim and $300,000 aggregate.

Surety (License) Bond

North Dakota Board of Massage Therapy (Division of Professional Regulation, ND Department of Health)
Required
Renewal: one time
Type: certificate

The Board’s licensing requirements do not include a surety bond; therefore, no bond is legally required for a massage therapy LLC in North Dakota.

Product Liability Insurance

None
May Apply
Fee: $1000.00-$3000.00
Renewal: one time
Type: certificate

While not required, many retailers and manufacturers carry product liability coverage to protect against claims of injury or damage caused by their products.

Liquor Liability Insurance

None
Required
Fee: $300.00-$1000.00
Renewal: one time
Type: certificate

Only required for establishments that sell or serve alcohol; not relevant to a massage therapy LLC.

Employer Identification Number (EIN)

Internal Revenue Service (IRS)
Required
Fee: $0.00-$0.00
Renewal: one time
Type: registration

All LLCs that have employees, elect to be taxed as a corporation, or need to open a business bank account are required to obtain an EIN.

Federal Income Tax Filing (LLC classification)

Internal Revenue Service (IRS)
May Apply
Renewal: annual
Type: filing

The filing form depends on classification: Form 1065 for partnerships, Form 1120S for S‑corporations, Form 1120 for C‑corporations, Schedule C (Form 1040) for sole‑proprietor treatment.

Self‑Employment Tax (if taxed as sole proprietorship)

Internal Revenue Service (IRS)
May Apply
Renewal: annual
Type: permit

Self‑employment tax covers Social Security and Medicare contributions for owners who actively work in the business.

Step-by-Step Compliance Guide

  1. Begin by fulfilling your Federal Income Tax Filing obligations as an LLC, which is an annual requirement with the Internal Revenue Service.
  2. Ensure you comply with Americans with Disabilities Act (ADA) Title III regulations, as enforced by the Department of Justice, with costs varying based on your specific situation.
  3. Address FTC Enforcement of Advertising and Consumer Protection Rules, understanding that fees are variable and this is a one-time requirement.
  4. Maintain thorough Record Retention for Tax and Licensing Purposes as required by the Internal Revenue Service, with no associated fee.
  5. Familiarize yourself with Federal Income and Self-Employment Tax Obligations, noting that fees can vary and it's a one-time requirement.
  6. Comply with FTC Compliance with Advertising and Consumer Protection, understanding that fees are variable and this is a one-time requirement.
  7. Address Federal Income and Self-Employment Tax Obligations for LLC, which may have a significant fee of $160440.00 as a one-time requirement.
  8. Understand that no federal license is required for massage therapy practice according to the U.S. Department of Health and Human Services.

Common Mistakes to Avoid

  • Assuming state licensing covers all federal requirements is incorrect, as separate federal obligations exist.
  • Ignoring FTC regulations regarding advertising can lead to penalties and legal issues.
  • Failing to properly file federal income taxes as an LLC can result in significant fines.
  • Believing ADA compliance is only necessary for physical accessibility overlooks communication requirements.
  • Neglecting to retain tax and licensing records can cause issues during audits.

Frequently Asked Questions

What federal agencies oversee massage therapy businesses in Bismarck, ND?

Several federal agencies have oversight, including the Internal Revenue Service (IRS) for tax obligations, the Federal Trade Commission (FTC) for advertising and consumer protection, and the Department of Justice (DOJ) for ADA compliance.

Are there any ongoing federal fees for operating a massage therapy business?

Some federal requirements have annual renewal fees, such as Federal Income Tax Filing for LLCs, while others are one-time compliance costs like ADA Title III Compliance; the IRS may require annual filings.

What does ADA Title III compliance entail for a massage business?

ADA Title III requires your business to be accessible to individuals with disabilities, covering aspects like physical access, communication, and auxiliary aids, with costs ranging from $1000.00 to $20000.00.

What are the potential consequences of non-compliance with FTC regulations?

The FTC can pursue enforcement actions against businesses that violate advertising or consumer protection rules, potentially leading to fines, injunctions, and corrective advertising requirements.

Is there a specific federal license required to practice massage therapy?

No, there is no federal license specifically required to practice massage therapy; however, you must still comply with all other applicable federal regulations regarding business operations and taxes.

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