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If any section, subsection, sentence, clause or phrase of this Division R is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Division R. The City Council hereby declares that it would have adopted the ordinance in each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
(1958 Code, § 147.01) (Ord. 35, passed 3-9-1954; Ord. 74-114, passed 11-18-1974; Ord. 93-22, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995)
The City Council finds that
present potential health problems to
using such facilities, and therefore the City Council enacts a licensing and regulatory ordinance governing
operating within the city.
For the purpose of prescribing regulations governing
, the City of Bloomington hereby adopts M.S. Chapter 325H.01 through 325H.010 as may be amended or recodified from time to time. Where differences occur between provisions of this Division and the referenced standards, the provisions of this Division apply.
(1958 Code, § 147.02) (Ord. 65-33, passed 6-14-1965; Ord. 68-48, passed 6-24-1968; Ord. 74-114, passed 11-18-1974; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2016-10, passed 5-16-2016)
The following words and terms, when used in this Division S, have the following meanings, unless the context clearly indicates otherwise.
CONSUMER. An
who is provided access to a
.
HEALTH AUTHORITY. City of Bloomington Environmental Health Division and its designated employees or agents as the Community Development Director may designate.
INDIVIDUAL. A human being.
ISSUING AUTHORITY. City of Bloomington License Section.
OPERATOR. An
designated by the
owner or
lessee to operate, or to assist and instruct the
in the operation and use of, the
or
; however an operator in an apartment or a condominium need not exercise direct supervision or be physically on the premises at all times.
PERSON. An
, corporation, partnership, limited liability company, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state, or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of these entities.
REMODEL. Any change to the current
requiring either a building or trade permit for the work to proceed. Remodel does not include changes to the front desk area, waiting area, painting, wallpapering, or carpeting, even if a permit is otherwise required. Adding a new tanning bed or stall, plumbing changes, or expanding into an adjacent space to add beds or stalls are examples of remodeling. Remodeling also means any changes to a
plan previously submitted to the City.
TANNING EQUIPMENT. Ultraviolet or other lamps and equipment containing these lamps intended to induce skin tanning through the irradiation of any part of the living human body with
.
TANNING FACILITY. A location, place, area, structure, or business or a part thereof which provides
access to
. Tanning facility includes, but is not limited to, tanning salons, health clubs, apartments, or condominiums regardless of whether a fee is charged for access to the
.
ULTRAVIOLET RADIATION. Electromagnetic radiation with wavelengths in air between 200 nanometers and 400 nanometers.
(1958 Code, § 147.03) (Ord. 65-33, passed 6-14-1965; Ord. 68-102, passed 12-30-1968; Ord. 69-101, passed 12-22-1969; Ord. 74-114, passed 11-18-1974; Ord. 89-53, passed 10-2-1989; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2014-18, passed 12-1-2014; Ord. 2016-10, passed 5-16-2016)
A
must be constructed, operated, maintained and licensed according to this Division; except for the following who are exempt:
(a) A
who:
(1) Uses equipment which emits
incidental to its normal operation; and
(2) does not use the equipment described in clause (1) to deliberately expose parts of the living human body to
for the purposes of tanning or other treatment;
(b) A physician licensed by the Board of Medical Practice who uses, in the practice of medicine, medical diagnostic and therapeutic equipment that emit
; and
(c) An
who owns
exclusively for personal, noncommercial use.
(Ord. 2016-10, passed 5-15-2016)
(a) Application. Prior to the operation of any used by the public for a fee or other compensation, the owner or
must make application to the city for a license to operate such facility. The application must be on a form prescribed by the city and include the following information:
(1) Applicant’s (owner) name, address and telephone number;
(2) Name of the
, address and telephone number; and
(3) Primary function of the business in which the
is located.
(b) Fees. A license fee must be submitted with the application to the
in the amount as set forth in City Code Appendix A.
(c) Separate facilities. If the owner or
owns or operates more than one such , the owner or
must file a separate application and submit a license fee for each facility owned or operated.
(d) City inspection. The
will inspect the as part of the plan review approval process prior ot the issuance of the initial city license to ensure the will be operated in accordance with the provisions of this Division S. Inspections will occur annually thereafter and upon receipt of a complaint to the
regarding the .
(e) Operation without license prohibited. No
will operate a without first having obtained a license from the city. The license issued by the city shall expire one year from the date of approval. The license will be renewed annually on the anniversary date of such approval. The city may refuse to issue or renew the license of any owner or
who is in violation of the provisions of this Division S or other local, state or federal rules, regulations or laws.
(f) Effect of license. The license is valid only for the location stated on the license.
(g) Display of license. The license must be displayed in a conspicuous place on the premises of the .
(h) Change of ownership. In the event of a change of ownership of the facility, the new owner will be required to apply for a license under this Division S.
(1958 Code, § 147.04) (Ord. 65-33, passed 6-14-1965; Ord. 68-102, passed 12-30-1968; Ord. 69-101, passed 12-22-1969; Ord. 72-58, passed 11-20-1972; Ord. 74-114, passed 11-18-1974; Ord. 75-62, passed 12-8-1975; Ord. 76-59, passed 12-6-1976; Ord. 80-55, passed 12-15-1980; Ord. 81-58, passed 11-23-1981; Ord. 82-38, passed 9-27-1982; Ord. 87-77, passed 10-16-1987; Ord. 89-61, passed 12-11-1989; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2016-10, passed 5-16-2016; Ord. 2021-39, passed 11-29-2021)
(a) Any new or remodeled
must submit for approval by the a to-scale facilities plan in sufficient detail to ascertain compliance with conditions in this Division S and pay the corresponding plan review fee listed in City Code Appendix A.
(b) The
must be constructed in conformance with the approved plans. The Building and Inspection Division will not issue a building permit for a new
or remodeling or alteration permit for an existing facility until such plans have the approval of the . The will inspect the
as frequently as necessary during the construction to ensure that the construction occurs in conformance with this Division S of the city code. The will conduct a final construction inspection prior to the start of operations and issuance of a license.
(c) The
owner or must use only
manufactured according to 21 C.F.R., part 1040.20. The exact nature of compliance must be based on the standards in effect at the time of manufacture as shown on the device identification label required by 21 C.F.R., part 1010.3.
(d) Each assembly of
must be designated for use by only one
at a time and must be equipped with a timer that complies with 21 C.F.R., part 1040.20(c)(2). The maximum timer interval may not exceed the manufacturer's maximum recommended exposure time. No timer interval may have an error exceeding plus or minus ten percent of the maximum timer interval for the product.
(e)
must meet the National Fire Protection Association National Electrical Code.
(f)
must include physical barriers to protect
from injury induced by touching or breaking the lamps.
(g) The
owner or must replace defective or damaged lamps, bulbs, or filters with a type intended for use in the affected
as specified on the product label and having the same spectral distribution.
(h) The
owner or must replace ultraviolet lamps and bulbs, which are not otherwise defective or damaged, at a frequency or after a duration of use as may be recommended by the manufacturer of the lamps and bulbs.
(i) The
owner or must maintain a record of when the bulbs or lamps in each tanning booth or bed were replaced according to paragraphs (e) and (f).
(j)
must have a control that enables the user to manually terminate radiation without pulling the electrical plug or coming in contact with the ultraviolet lamp.
(k) The
must instruct each user on:
(1) The proper position to maintain relative to the tanning lamps;
(2) The position of the safety railing, where applicable;
(3) The manual switching device to terminate radiation; and
(4) Maximum time of exposure.
(l) The
must inspect the facility to ensure that the floors are dry before each individual's use.
(m) The
must monitor the use of the facility to ensure that the interior temperature does not exceed 100 degrees Fahrenheit.
(n) The
must comply with sanitizing procedures specified by the manufacturer of the
between users.
(o) Tanning booths designed for stand-up use must comply with the following additional requirements:
(1) Booths must have physical barriers or other means, such as handrails or floor markings, to indicate the proper exposure distance between ultraviolet lamps and the consumer's skin;
(2) Booths must be constructed with sufficient strength and rigidity to withstand the stress of use and the impact of a falling
;
(3) Access to booths must be of rigid construction; and
(4) Booths must be equipped with handrails and nonslip floors.
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