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CERTIFICATION
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COMPARATIVE SECTION TABLE
CHARTER OF THE CITY OF TOLEDO, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART TWELVE - DEVELOPMENT CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - HEALTH CODE
PART NINETEEN - TAXATION CODE
PART TWENTY-ONE - PERSONNEL RELATIONS AND MUNICIPAL EMPLOYMENT
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1736.06. Record keeping required.
   (a)   Every tanning facility permitholder shall create and maintain a permanent record for each consumer showing the dates of exposure and length of exposure.
   (b)   No operator shall grant a consumer access to a tanning facility's tanning equipment until:
      (1)   Such operator has obtained a written informational form from the consumer stating the following:
         A.   The consumer's most recent date of exposure to artificial ultraviolet irradiation and its duration;
         B.   A statement from the consumer indicating any medication or drugs he or she is currently taking and an acknowledgment that the consumer has reviewed the photosensitizing agent list; and
         C.   That the consumer has been advised of the maximum permissible ultraviolet exposure for the present session; and
      (2)   Such operator has obtained sufficient identification from the consumer either to permit the creation of a permanent record of the consumer's identity and use of the facility, or to permit an addition to be made to the consumer's existing permanent record; and
      (3)   Such operator makes an entry in the facility's permanent record for each consumer's use of the tanning equipment setting forth the date of and the length of the ultraviolet exposure.
(Ord. 457-91. Passed 5-28-91.)
1736.07. Posting of photosensitizing agent list required.
   No tanning facility permitholder or operator shall grant a consumer access to a tanning facility's tanning equipment unless a list of photosensitizing agents is prominently displayed in the area where the consumer completes the informational form required by Section 1736.06(b)(1). A tanning facility permitholder or operator has complied with the provisions of this section if he or she has prominently posted a list of photosensitizing agents which includes all the substances currently identified by the Toledo Department of Health as photosensitizing agents.
(Ord. 457-91. Passed 5-28-91.)
1736.08. Warning required on consumer informational form.
   (a)   Every consumer informational form completed by a consumer for any tanning facility's permanent records pursuant to Section 1736.06 shall contain a warning prominently displayed at the top of that form explaining the dangers associated with exposure to ultraviolet light. Until amended by the Director of the Toledo Department of Health pursuant to subsection (b) hereof, the warning which shall be placed atop all consumer informational forms shall state as follows:
   WARNING - OVEREXPOSURE TO ULTRAVIOLET RADIATION CAN BE DANGEROUS. POTENTIAL INJURIES INCLUDE EYE DAMAGE AND CATARACTS, SKIN CANCER, IMPAIRMENT OF THE IMMUNE SYSTEM, PREMATURE AGING, PHOTOSENSITIVE REACTIONS FROM PERFUMES, COSMETICS, MEDICATIONS AND DRUGS, INCLUDING BUT NOT LIMITED TO, SOME ANTIBIOTICS AND BIRTH CONTROL PILLS, AND ALSO AGGRAVATION OF CERTAIN FUNGAL, VIRAL, AND BACTERIAL SKIN DISEASES, OVEREXPOSURE TO ULTRAVIOLET LIGHT CAN ALSO CAUSE BURNS. IF YOU HAVE A QUESTION ABOUT EXPOSURE TO ULTRAVIOLET LIGHT, CONSULT A PHYSICIAN.
   (b)   As medical evidence may from time to time warrant, the Director of the Toledo Department of Health shall be empowered to promulgate additional warnings concerning the dangers associated with exposure to ultraviolet light which shall be considered a part of the warning required by subsection (a) above as if it had been enacted by Council.
(Ord. 457-91. Passed 5-28-91.)
1736.09. Parental consent required before admitting minors.
   No tanning facility permitholder or operator shall permit a person under eighteen years of age to use a tanning facility's equipment until the operator has been provided with the written consent of the minor's parent for that use.
(Ord. 457-91. Passed 5-28-91.)
1736.10. Periodic inspections.
   Appropriate personnel of the Toledo Health Department shall make periodic inspections of all tanning facilities within the City to determine their compliance with the provisions of this chapter.
(Ord. 457-91. Passed 5-28-91.)
1736.11. Operation in violation of Zoning Ordinance.
   No person shall operate a tanning facility in violation of the Zoning Ordinance. Every day of operation of a tanning facility in violation of any Zoning Ordinance shall constitute a separate violation.
(Ord. 457-91. Passed 5-28-91.)
1736.99. Penalty.
   (a)   Whoever violates Sections 1736.02, 1736.03, 1736.05, 1736.09 and 1736.11 hereof shall be guilty of a misdemeanor of the first degree.
   (b)   Whoever violated Section 1736.04 hereof shall be guilty of a misdemeanor of the third degree.
   (c)   Whoever violates Sections 1736.06,1736.07 or 1736.08 shall be guilty of a misdemeanor of the fourth degree.
(Ord. 457-91. Passed 5-28-91.)