Chapter 5.20


5.20.010    Purpose.

5.20.020    Definitions.

5.20.030    Massage establishment license required.

5.20.040    Application—Contents.

5.20.050    License fees.

5.20.060    Facilities required.

5.20.070    Issuance of license.

5.20.080    Approval or denial of application.

5.20.090    Posting of license.

5.20.100    Operating requirements.

5.20.110    Off-premises massage.

5.20.010 Purpose.

The purpose and intent of this chapter is to provide for the orderly regulation of the business of massage establishments in the city of Valdez by establishing certain minimum standards for the conduct of this type of business to protect the public health and welfare of the residents of the city. (Ord. 16-01 § 1 (part): Ord. 09-03 § 1 (part): Ord. 98-02 § 1 (part))

5.20.020 Definitions.

As used in this chapter, the following terms are defined in this section:

“Health care provider” means a health care provider who holds a current, valid license issued under Alaska Statutes Title 8, including chiropractors, naturopaths, physicians, nurses, physical therapists and other such health care providers, who are authorized under their Title 8 license to perform massage therapy as part of their licensed practice.

“License” means the business license to operate a massage establishment or off-premises massage business required by this chapter.

“Massage” means the manipulation of soft tissue for therapeutic purposes and may include, but is not limited to, effleurage, petrissage, tapotement, compression, vibration, friction, nerve strokes and other Swedish movements, either by hand or with mechanical or electrical apparatus for the purpose of body massage. This may include the use of oil, salt glows, hot and cold packs and other recognized forms of massage therapy.

“Massage establishment” means any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, or combination of individuals engages in, conducts, carries on or permits to be engaged in, conducted or carried on massages as defined in this chapter. It does not include health care providers’ practices or businesses.

“Massage therapist” means any person who gives or administers to another person, for any form of consideration whatsoever, a massage as defined in this chapter.

“Massage therapist license” means the license to engage in the activities of a massage therapist issued by the state of Alaska under AS 08.61.070.

“Off-premises massage” means the activity of providing massage services at a location other than premises licensed as a massage establishment.

“Sexual contact” means knowingly touching the pubic region, genitals, perineum, anal region and the area of the female breast that includes the areola and the nipple. (Ord. 16-01 § 1 (part): Ord. 09-03 § 1 (part): Ord. 98-02 § 1 (part))

5.20.030 Massage establishment license required.

Any person, association, partnership or corporation desiring to obtain a license to operate a massage establishment shall make an application to the city clerk or the city clerk’s designee. (Ord. 16-01 § 1 (part): Ord. 09-03 § 1 (part): Ord. 98-02 § 1 (part))

5.20.040 Application—Contents.

An application for a license under Section 5.20.030 shall be submitted to the city clerk’s office and shall contain the following information:

A.    Proof that the applicant is at least eighteen years of age;

B.    The full and true name and any other names used by the applicant;

C.    The present address and telephone number of the applicant;

D.    The proposed address of the massage establishment;

E.    Copy of current massage practitioner license issued by the state of Alaska under AS 08.61.070;

F.    Copy of current state of Alaska business license and city of Valdez business license permit. (Ord. 16-01 § 1 (part): Ord. 09-03 § 1 (part): Ord. 98-02 § 1 (part))

5.20.050 License fees.

The license fee for any person applying for a license under this chapter shall be established by resolution of the city council, and the required license fee shall accompany the application, or be deposited with the city clerk before the license is issued. (Ord. 16-01 § 1 (part): Ord. 09-03 § 1 (part): Ord. 98-02 § 1 (part))

5.20.060 Facilities required.

No license to operate a massage establishment shall be issued unless an inspection by the building official or his/her designee reveals that the establishment complies with each of the following minimum requirements:

A.    The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and materials shall be disinfected after use on each patron.

B.    Closed cabinets shall be provided and used for the storage of clean linen, towels and other materials used in connection with administering massages. All soiled linens, towels and other materials shall be kept in properly covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage areas. (Ord. 17-01: Ord. 16-01 § 1 (part): Ord. 09-03 § 1 (part): Ord. 98-02 § 1 (part))

5.20.070 Issuance of license.

A massage establishment license shall be issued by the city clerk if all requirements described in this chapter are met unless the city clerk finds:

A.    The correct license fee has not been tendered to the city, and, in the case of a check, or bank draft, honored with payment upon presentation;

B.    The operation, as proposed by the applicant, if permitted, would not comply with applicable laws, including, but not limited to, the city’s building, zoning and health regulations;

C.    The applicant has had a massage business, masseur/masseuse, or other similar permit or license denied, revoked or suspended by the city or any other state or local agency within five years prior to the date of the application;

D.    The applicant is not over the age of eighteen years. (Ord. 16-01 § 1 (part): Ord. 09-03 § 1 (part): Ord. 98-02 § 1 (part))

5.20.080 Approval or denial of application.

A.    Upon reviewing the application, the city clerk shall have the authority to make the determination as to the approval or denial of the license. The applicant may appeal the denial, suspension or revocation of the massage establishment license to the city council within thirty days of the city clerk’s denial of the license.

B.    Every license issued pursuant to this chapter will terminate at the expiration of two years from the date of its issuance unless sooner suspended or revoked. (Ord. 16-01 § 1 (part): Ord. 09-03 § 1 (part): Ord. 98-02 § 1 (part))

5.20.090 Posting of license.

The massage establishment business license, and a copy of the massage therapist license issued by the state of Alaska under AS 08.61.070 of each and every massage therapist employed or working in the establishment shall be displayed in an open and conspicuous public place on the premises. (Ord. 16-01 § 1 (part): Ord. 09-03 § 1 (part): Ord. 98-02 § 1 (part))

5.20.100 Operating requirements.

A.    Each person employed or acting as a massage therapist shall have a valid license issued pursuant to the provisions of Chapter 5.18, and it is unlawful for any owner, operator, responsible managing employee, manager or licensee in charge of or in control of a massage establishment to employ or permit any person to act as a massage therapist who is not in possession of a valid, unrevoked massage therapist license.

B.    No massage operation shall be carried on and no massage establishment premises shall be open between the hours of eleven-thirty p.m. and six a.m. All patrons shall be excluded from such premises during those hours.

C.    Every portion of the massage establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.

D.    All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in a sanitary manner.

E.    Price rates for all services shall be prominently posted in the reception area in a location available to all prospective patrons. No owner, operator, responsible managing employee, manager, or permittee in charge of, or in control of the massage establishment, shall permit, and no massage therapist shall offer to perform, any services other than those posted.

F.    No owner, operator, massage therapist, responsible managing employee, manager, or permittee in charge of or in control of the massage establishment shall engage in sexual contact in connection with the delivery of professional services to a patron. (Ord. 16-01 § 1 (part): Ord. 09-03 § 1 (part): Ord. 98-02 § 1 (part))

5.20.110 Off-premises massage.

Off-premises massage services shall only be performed by a massage therapist who is in possession of a valid massage therapist license issued by the state of Alaska under AS 08.61.070. A massage therapist performing off-premises massages shall comply with all requirements of Chapter 5.18. A health care provider as defined in Section 5.20.020 shall be exempt from compliance. (Ord. 16-01 § 1 (part): Ord. 09-03 § 1 (part): Ord. 98-02 § 1 (part))