8-16-024 Tanning facilities.
   (a)   Definitions. As used in this section, unless the context requires otherwise:
      "Commissioner" means the commissioner of the department of public health.
      "Department" means the department of public health.
      "Tanning equipment" means equipment that emits ultraviolet (UV) radiation and is used for tanning of the skin, such as a sunlamp, ultraviolet lamp, tanning booth, or tanning bed. "Tanning equipment" also includes equipment used in conjunction with the foregoing, such as protective eyewear, timers, and handrails. "Tanning equipment" does not include any of the following:
         (1)   Phototherapy devices utilized by appropriate health care professionals under the direct supervision of a physician who is trained in the use of phototherapy devices.
         (2)   Devices used for personal use in a private residence.
         (3)   Devices intended for purposes other than the irradiation of human skin.
         (4)   Devices used to apply chemicals to the skin to achieve a bronze color, commonly referred to as spray-on, mist-on, or sunless tans.
      "Tanning facility" means any place, structure, or business that provides consumers with access to tanning equipment for a fee.
   (b)   Prohibited activity. A tanning facility may not permit any person less than 18 years of age, regardless of whether the person has the permission of a parent or guardian, to use tanning equipment.
   (c)   Enforcement. The department shall enforce this section. The commissioner is authorized to promulgate rules and regulations for the implementation of this section.
   (d)   Fines. Except as otherwise provided in Section 4-6-060, any person who violates any provision of this section shall be fined $250 for each offense. Each instance of violation of this section shall be deemed a separate offense.
(Added Coun. J. 6-6-12, p. 28652, § 1; Amend Coun. J. 5-18-16, p. 24253, § 2)
Editor's note – Coun. J. 7-28-11, p. 5110, § 2, repealed a former § 8-16-024, which pertained to the violation of and penalty for § 8-16-020.