§ 51A-1. Definitions.
§ 51A-2. License required.
§ 51A-3. Application for license.
§ 51A-4. Issuance of license; inspection.
§ 51A-5. License renewal.
§ 51A-6. Standard for tanning devices.
§ 51A-7. Duties; prohibition of use by minors.
§ 51A-8. Warnings.
§ 51A-9. Injury report; records.
§ 51A-10. Right of entry.
§ 51A-11. Administration; regulations.
§ 51A-12. Enforcement.
§ 51A-13. Penalties.
Notes
| [Note] | *Editor’s note—County Council Resolution No. 18-470
adopted amendments to tanning facilities as a Board of Health Regulation effective July 20, 2016. Chapter 51A, §§ 51A-1--51A-15, was added by § 1 of 1987 L.M.C., ch. 39. Section 2 of that act reads as follows: “Sec. 2. Existing facilities. (a) A tanning facility may continue to operate until the Department issues or denies a license if the tanning facility: (1) is in operation on the effective date of this Act; and (2) applies for a license under Chapter 51A within 30 days after the effective date of this Act. (b) For purposes of section 51A-10, an applicant under this section is a licensee.” |
In this Chapter the following words have the meanings indicated:
Department means the Department of Health and Human Services.
Director means the Director of the Department of Health and Human Services or the Director’s designee.
Tanning facility means any place where a tanning device is used regardless of whether a fee is charged for access to the tanning device.
Tanning device means any equipment that emits radiation used for tanning of the skin, such as a sunlamp, tanning booth, or tanning bed. Tanning device includes any accompanying equipment, including protective eyewear, timers, and handrails. (1987 L.M.C., ch. 39, § 1; 1995 L.M.C., ch. 13, § 1; 2016 L.M.C., ch. 13, § 1.)
Editor's note—Section 5 of 1995 L.M.C., ch. 13, reads as follows: “Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services.”
(a) A person must not operate a tanning facility without a valid license issued by the Department under this Chapter.
(b) A license authorizes a person to operate a tanning facility only at the location identified in the license.
(c) A license issued under this Chapter is not transferable. However, a new owner may continue to operate a tanning facility under the terms of the previous license if:
(1) the new owner has applied for a license under this Chapter; and
(2) the license of the previous owner has not expired or been suspended or revoked. (1987 L.M.C., ch. 39, § 1; 2016 L.M.C., ch. 13, § 1.)
(a) In general. A person who wants to operate a tanning facility must:
(1) submit an application to the Department on the form that the Department requires; and
(2) Pay to the Department a license fee in the amount that the County Executive determines by regulation adopted under Method (3).
(b) Contents of form. The application must include:
(1) the name and address of the applicant;
(2) the location and telephone number of the tanning facility for which the application is made;
(3) the name, description and year of manufacture of each tanning device used by the tanning facility; and
(4) any other information that the Department requires.
(c) New equipment. A person who operates a tanning facility must notify the Department of the name, description, and year of manufacture of any new equipment it uses within 30 days after installing the new equipment for use. (1987 L.M.C., ch. 39, § 1; 2016 L.M.C., ch. 13, § 1.)
(a) Issuance. The Department must issue a license to any person who:
(1) submits an application under Section 51A-3;
(2) pays the license fee required under Section 51A-3; and
(3) meets all other requirements of this Chapter.
(b) Inspection. Before issuing a license, the Department must inspect a tanning facility to determine whether it meets the requirements of this Chapter.
(c) Contents of license. A license must include:
(1) the name of the licensee;
(2) the location of the tanning facility for which the license is issued;
(3) the date that the license expires; and
(4) any other information that the Department requires.
(d) Term of license. A license is valid for 1 year after its date of issuance.
(e) Display. A licensee must display the license conspicuously in the tanning facility. (1987 L.M.C., ch. 39, § 1; 2016 L.M.C., ch. 13, § 1.)
(a) Application. A licensee may renew a license if, 30 days before the license expires, the licensee:
(1) submits to the Department a renewal application on the form that the Department requires;
(2) pays a renewal fee equal to the license fee established under Section 51A-3; and
(3) meets all other requirements of this Chapter.
(b) Extension. An existing license continues in effect until the Department acts on the renewal application if:
(1) the licensee meets the requirements of subsection (a); and
(2) the existing license has not been suspended or revoked.
(c) Term. A license is valid for 1 year after its date of renewal. (1987 L.M.C., ch. 39, §1; 2016 L.M.C., ch. 13, § 1.)
Any tanning device used by a tanning facility must meet performance standards based on applicable federal law and regulations for the protection of the public health as established by the County Executive. (1987 L.M.C., ch. 39, § 1; 2016 L.M.C., ch. 13, § 1.)
Loading...