As used in this chapter, the following terms shall have the
meanings indicated:
TANNING FACILITY
Any establishment where one or more ultraviolet radiation
devices is used, offered, or made available for use by any human being,
for which a fee is charged, directly or indirectly, but shall not
include any facility where any such device is used by a qualified
health-care professional for treatment of medical conditions.
ULTRAVIOLET RADIATION DEVICE
Any equipment which is designed to emit electromagnetic radiation
in the wavelength interval of 200 nanometers to 400 nanometers in
air, and which is intended to induce tanning of the human skin through
irradiation, including, but not limited to, a sunlamp, tanning booth,
or tanning bed.
[Amended 6-27-2006 by L.L. No. 36-2006]
A. No person who has reached his or her 14th birthday but have not yet
reached his or her 18th birthday shall be permitted to use a device
in a tanning facility in the County of Suffolk unless he or she is
accompanied by a parent or legal guardian.
B. No person under 14 years of age shall be permitted to use a tanning
device in a tanning facility in the County of Suffolk.
[Amended 6-27-2006 by L.L. No. 36-2006]
A. Each tanning facility must comply with the provisions of state law, as it relates to the posting of warning signs, the availability of educational information on the health risks associated with the use of a tanning facility, and the use of proper eye protection by each patron, and shall post a sign advising patrons of the prohibitions contained in §
772-3 of this chapter, which sign shall contain letters of no less than 1/2 inch on a contrasting background.
B. Any advertisement, coupon, flyer or other printed material paid for,
produced, published or distributed by, or on the behalf of, any tanning
facility shall contain the following warning: "Tanning Increases Your
Risk of Skin Cancer." This warning shall be displayed conspicuously
on the advertisement, coupon, flyer or other printed material in such
a way as to be clearly legible.
Any tanning facility which knowingly and willfully violates §
772-3 of this chapter shall be subject to a fine of up to $500 for the first offense, not less than $750 nor more than $1,000 for a second offense, and not less than $1,000 nor more than $1,500 for the third and for each subsequent offense.
The Suffolk County Department of Health Services shall promulgate
such rules and regulations as it deems necessary and appropriate for
the implementation and enforcement of any provisions of this chapter.
This chapter shall apply to actions occurring on or after the
effective date of this chapter.
This chapter shall be null and void on the day that statewide
or federal legislation goes into effect incorporating either the same
or substantially similar provisions as are contained in this chapter,
or in the event that a pertinent state or federal administrative agency
issues and promulgates regulations preempting such action by the County
of Suffolk. The County Legislature may determine, via mere resolution,
whether or not identical or substantially similar statewide legislation
has been enacted for the purposes of triggering the provision of this
section.