Massage Practitioner
Please Note: Effective June 23rd, 2009, AMC 10.40.010 and 10.40.015 were updated. Please review the attached ordinance for changes. Items deleted are in [BRACKETS], and items added are Underlined. Please contact the Municipal Clerk's office at 343-4311 with any questions.
Massage Practitioner Code Change Ordinance
- Term: 1 Year
- Fee: $100
- Required Documentation:
- State Business License,
- Certification Paperwork
- Certificate and Transcripts from State Accredited School showing at least 500 hours of supervised instruction; or
- Current certification as a massage therapist by a national certification board or national certification program.
- State of Alaska Background Check:
- Department of Public Safety (5700 E Tudor Rd, 2nd Flr) Bring 2 Forms of ID 1 Govt Issued Cash or Check Only (907)269-5511
- Official Identification-Must be 18 years of age or older
- Download Application
10.40.010 Massage license required; issuance.
A. No person may engage in the business of providing or otherwise provide as a service to the public, massages or related services as an owner, operator, employee or contractor, or massage therapist without first obtaining a massage practitioner license from the municipal clerk, unless such person is a health care provider.
B. No person shall advertise, use the title of or otherwise hold themselves out as a massage therapist, masseuse, masseur or massage practitioner unless such person is licensed to provide massage or massage-related services under this section or is a health care provider.
C. For purposes of this section, the following terms shall have the meanings indicated in this subsection:
1. Engaging in the business of providing massages or
related services means administering for compensation
or hire massages or a method of treating the superficial
parts of the human body through physical contact with or
by rubbing, stroking, kneading, tapping, rolling, pounding
or vibration for the purposes of relaxation, hygiene or
improvement of physical appearance, muscle tone or
circulation.
2. Health care provider means a health care provider who
holds a current, valid license issued under AS Title 8,
including chiropractors, naturopaths, physicians, nurses,
physical therapists and other such health care providers,
who are authorized under this license to perform
massage therapy as a part of their licensed practice.
3. Massage means the treatment of the human body by
soft tissue manipulation, methodical pressure, friction or
the kneading of the body through the use of techniques
including but not limited to effleurage, petrissage, friction
or tapotement, but not including flagellation, as those
terms are defined in a recognized medical dictionary such
as but not limited to Taber's Cyclopedic Medical Dictionary,
17th edition, F.A. Davis Company, 1989.
4. Massage practitioner means a person who is licensed
or is qualified for a license to provide massage or
massage related services under this section.
D. License.
1. A massage practitioner licensee must be 18 years of
age, and fill out a form supplied by the municipal clerk
containing such other relevant information as the
municipal clerk may require.
a. The municipal clerk may issue a massage
practitioner license, valid for two years, to a
massage practitioner fulfilling the qualifications set
forth in subsection D.2 of this section.
2. To qualify for a license under this section, an applicant
for a license shall:
a. Pay a $100 non-refundable application fee;
b. Request a Criminal Justice Information Report
(background check) from the Alaska Criminal
History Record Repository, Department of Public
Safety, covering all criminal charges and
dispositions.
i. Such report shall be mailed or faxed directly
from the Department of Public Safety to the
Municipal Clerk's office; and
ii. Shall confirm the applicant's record is free
of any conviction for prostitution or sexual
assault within the past ten years.
c. Have graduated from a post-secondary
education school of massage therapy, approved by
any state, which required the successful completion
of a program of at least 500 hours of supervised
instruction; or
d. Hold a current certification as a massage
therapist by a national certification board or a
national certification program for massage and
body work meeting standards similar to those for
persons currently licensed under AS 8.84 as a
physical therapist.
4. Nothing in this section shall require a person owning
or operating a massage business to obtain a license
under this section provided such person does not
personally provide massages or hold himself or herself
out to the public as personally providing massages or as
a massage therapist.
(CAC 6.28.040; AO No. 78-23; AO No. 85-26; AO No. 94-38(S-2), § 1, 7-12-94; AO No. 94-230(S-1), § 1, 1-31-95)
10.40.015 Prohibited acts by holders of adult-oriented establishment license or massage practitioner license.
A person holding an adult-oriented establishment license or a massage practitioner license may not:
A. Operate the business or engage in the licensed activity
between the hours of 2:00 a.m. and 6:00 a.m.
B. Lock patrons inside any part of the premises during
business hours.
C. Solicit for another person, engage in or offer to engage
in an act of prostitution, cunnilingus or fellatio with a
business invitee.
D. Intentionally expose their genitals to a business invitee
or intentionally touch the genitals of a business invitee.
(CAC 6.28.050; AO No. AO No. 93-157(S-6), § 2, 5-1-94)