[CC 1990 §14-910]
No person shall own or operate a tanning facility or provide
tanning services by ultraviolet means to a consumer, defined herein,
without a valid business license. All persons who own or operate a
tanning facility or provide tanning services, as described herein,
before the effective date of this Section shall be obligated to obtain
a valid business license and shall have a period of one hundred eighty
(180) days after the effective date of this Section to successfully
satisfy all of the requirements set forth herein. Tanning business
licenses are non-transferable. Tanning beds in residences used solely
by the immediate family do not require a license.
[CC 1990 §14-911]
As used in this Article, the following terms shall have these
prescribed meanings:
CONSUMER OR PATRON
Any member of the public who is provided access to a tanning
facility for free or in exchange for a fee or other compensation or
any individual who is afforded use of a tanning facility as a condition
or benefit of membership or access.
FORMAL TRAINING
A course of instruction approved by the Board conducted or
presented under either classroom conditions, via Internet or correspondence
course by a company employing persons possessing adequate knowledge
and experience to offer a curriculum, associated training and certification
testing pertaining to and associated with the correct use of tanning
equipment. Training shall cover ultraviolet radiation and effects
on the skin, photosensitivity, skin typing, FDA and State regulations,
eye protection and equipment and maintenance.
OPERATOR AND EMPLOYEE
Any person designated by the permit holder for the facility
to assist and instruct the public in the correct operation of the
tanning facility; an operator or employee who is under the age of
eighteen (18) shall be under the immediate supervision of a licensed
cosmetologist, operator or employee who is at least eighteen (18)
years of age.
OTHER COMPENSATION
The payment or exchange of goods, services or anything of
value for use of the tanning facility or facilities.
TANNING EQUIPMENT
Sun lamp products and ultraviolet lamps or any other mechanisms
used or intended to induce skin tanning through the irradiation of
any part of the living human body.
TANNING FACILITY OR TANNING FACILITIES
A business that contains a room or a booth open to the public
which houses ultraviolet lamps or products containing such lamps intended
for the irradiation of any part of the living human body for cosmetic
or non-medical-related purposes.
TANNING OPERATOR'S CERTIFICATE
A certificate issued by an authorized provider to each person
who successfully completes and passes the tanning test following a
formal training course and is valid for four (4) years from the date
of issuance. Certificates issued by subsequently approved authorized
providers prior to the commencement of this requirement shall also
be valid.
ULTRAVIOLET RADIATION
For purposes of this Article shall be referred to as follows:
1.
UVA (ultraviolet A) radiation: Radiation in
the wavelength between three hundred twenty (320) to four hundred
(400) nanometers (one-billionth (1,000,000,000th)).
2.
UVB (ultraviolet B) radiation: Radiation in
the wavelength between two hundred eighty (280) to three hundred twenty
(320) nanometers (one-billionth (1,000,000,000th)).
3.
UVC (ultraviolet C) radiation: Radiation in
the wavelength between two hundred (200) and two hundred eighty (280)
nanometers (one-billionth (1,000,000,000th)).
[CC 1990 §14-912]
All tanning facilities, as defined herein, desiring to engage
in such business in the City shall file with the Director of Finance
on or before the last day of January of each year an application for
a license for the ensuing year on such forms as may be prescribed
by the Director of Finance. Such application shall be accompanied
by a statement showing the annual gross amount of all receipts during
the preceding year. Such application shall be accompanied by the license
fee which shall be the sum of fifty cents ($0.50) per one thousand
dollars ($1,000.00) for the first (1st) one hundred fifty thousand
dollars ($150,000.00) and one dollar ($1.00) for each one thousand
dollars ($1,000.00) or fraction thereof in excess of one hundred fifty
thousand dollars ($150,000.00) during the preceding calendar year;
the minimum license fee shall be the sum of twenty-five dollars ($25.00).
[CC 1990 §14-916]
Every establishment licensed to provide tanning services shall
display at its main entrance a sign of appropriate size which will
be clearly visible from the street which states "tanning facility"
or words having the same meaning, except that in the case of a tanning
facility located within a department store, health club or athletic
facility or shopping center, the sign may be displayed inside at the
entrance of the tanning facility.
[CC 1990 §14-920]
Dogs (except dogs providing assistance to individuals with physical
handicaps), cats, birds or other animals shall not be permitted in
a tanning facility. This definition does not include fish in an aquarium,
provided they are maintained in a sanitary condition.
[CC 1990 §14-921]
Tanning facility licenses are not transferable from one address
to another or from one owner to another. A new tanning license application
shall be filed within thirty (30) days of any change of ownership.
Tanning facilities are permitted to open or offer services while the
application is processed and are subject to the Board's approval per
Rule 4713-1-06 of the Administrative Code. Any tanning facility with
an administrative action pending cannot transfer a license until the
administrative action is resolved.
[CC 1990 §14-922]
Salons that have tanning facilities that are subsequently closed
shall remove tanning beds from the view and access of the public.
[CC 1990 §14-923; Ord. No. 6810, 1-27-2003]
A. Each tanning facility shall have an operator on duty at all times that possess a valid and current certificate of formal training as herein defined. Formal training courses for operators must meet the requirements of Subsection
(B) herein. Proof of training must be maintained with the facility and be available for inspection.
B. Each
formal training course shall meet the following requirements:
1. Each course shall be at least four (4) hours in length. This four
(4) hours shall not include items such as registration, lunch, marketing,
profit-making strategies, advertising and accounting, taking a test
or similar functions.
2. Each course shall include written material which covers the required
subjects, such as core training manual; audio-visual presentations
which cover the required subjects, such as slides or videos; copies
of the department's rules and copies of Title 21, Code of Federal
Regulations, Part 1040, Section 1040.20; and a question and answer
period for trainees.
3. Courses may be offered via web based or correspondence course. However,
the person taking the course shall take a monitored written examination
in order to receive their certificate of completion.
C. Each
employee who assists customers or operates tanning devices shall be
trained on proper operation and maintenance of tanning devices. The
operator of the tanning facility is responsible for training those
employees or ensuring that those employees take an approved training
course. When the operator provides employee training, that training
shall include:
1. Review of the requirements herein;
2. Procedures for correct cleaning, sanitizing and operation of the
device;
3. Recognition of overexposure or similar injury;
4. Review of manufacturer's procedures for operation and maintenance
of tanning devices;
5. Medical aspects of ultraviolet radiation, maximum allowable time
of exposure and determination of human skin types as it relates to
compliance use of the FDA exposure schedule; and
6. Emergency procedures in case of overexposure or injury.