For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Building official.
The chief building official for the city, or his or her designee.
Operator.
An owner of a tanning facility or an agent of an owner of a tanning facility.
Permit holder.
A person who owns, operates, or maintains a tanning facility in compliance with this article.
Person.
An individual, partnership, corporation, or association.
Regulatory authority.
The director of the Angelina County and Cities Health District, or his or her designated representative having responsibility to enforce and administer this article.
Tanning device.
An instrument, apparatus, implement, machine, contrivance, or any equipment, including a sunlamp, tanning booth, and tanning bed, that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers and is used for the tanning of human skin. The term also includes any accompanying equipment, including protective eyewear, timers, and handrails.
Tanning facility.
A business that provides persons access to or use of tanning devices.
(1995 Code, sec. 123.01; Ordinance 4282 adopted 10/19/2010)
(a) 
A tanning device used by a tanning facility must comply with all applicable state and federal laws and regulations.
(b) 
Upon inspection of a tanning facility that reveals a violation of this article and/or its consolidated regulatory laws, a citation may be issued to the business or legal owner and the facility’s permit may be revoked as set forth in sections 4.12.008 and 4.12.033.
(c) 
A person who owns, operates or maintains a tanning facility shall comply with the provisions of this article. To violate any provision of this article shall be deemed a class C misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00.
(d) 
In addition to the penalty provided above, the city shall be entitled to pursue all other criminal and civil remedies to which it is entitled under the authority of other ordinances or state law.
(1995 Code, sec. 123.99; Ordinance 4282 adopted 10/19/2010)
The following legislation, rules, and regulations as they presently exist, or as hereafter amended, are incorporated herein as though set out verbatim:
(1) 
Tex. Health & Safety Code, ch. 145; and
(2) 
25 Tex. Administrative Code, part 1, chapter 229, subchapter T, sections 229.345–229.357.
(1995 Code, sec. 123.02; Ordinance 4282 adopted 10/19/2010)
(a) 
Tanning facilities may be routinely inspected and as frequently as necessary by the regulatory authority to determine compliance with the provisions of this article.
(b) 
The regulatory authority shall be allowed access to any tanning facility, and to the records required by this article or as otherwise authorized by state law, at any reasonable time, for the purpose of enforcing the provisions of this article.
(1995 Code, sec. 123.05; Ordinance 4282 adopted 10/19/2010)
A tanning facility shall give each customer a written statement warning that:
(1) 
Failure to use the eye protection provided to the customer by the tanning facility may result in damage to the eyes;
(2) 
Overexposure to ultraviolet light causes burns;
(3) 
Repeated exposure may result in premature aging of the skin and skin cancer;
(4) 
Abnormal skin sensitivity or burning may be caused by reactions of ultraviolet light to certain:
(A) 
Foods;
(B) 
Cosmetics; or
(C) 
Medications, including:
(i) 
Tranquilizers;
(ii) 
Diuretics;
(iii) 
Antibiotics;
(iv) 
High blood pressure medicines; or
(v) 
Birth control pills;
(5) 
Any person taking a prescription or over-the-counter drug should consult a physician before using a tanning device;
(6) 
A person with skin that always burns easily and never tans should avoid a tanning device; and
(7) 
A person with a family or past medical history of skin cancer should avoid a tanning device.
(1995 Code, sec. 123.06; Ordinance 4282 adopted 10/19/2010)
A tanning facility shall post the warning sign required by Tex. Health & Safety Code, section 145.006 in a conspicuous location where it is readily visible by persons entering the establishment.
(1995 Code, sec. 123.07; Ordinance 4282 adopted 10/19/2010)
(a) 
A tanning facility shall have an operator present during operating hours. The operator must:
(1) 
Be sufficiently knowledgeable in the correct operation of the tanning devices used at the facility;
(2) 
Instruct, inform, and assist each customer in the proper use of the tanning devices;
(3) 
Complete and maintain records required by this article; and
(4) 
Explain or otherwise inform each customer initially using the tanning facility of:
(A) 
The potential hazards of and protective measures necessary for ultraviolet radiation;
(B) 
The requirement that protective eyewear be worn while using a tanning device;
(C) 
The possibility of photosensitivity or of a photoallergy reaction to certain drugs, medicine, or other agents when a person is subjected to the sun or ultraviolet radiation;
(D) 
The correlation between skin type and exposure time;
(E) 
The maximum exposure time to the facility’s devices;
(F) 
The biological process of tanning; and
(G) 
The dangers of and the necessity to avoid overexposure to ultraviolet radiation.
(b) 
Before each use of a tanning device, the operator shall provide with each device clean and properly sanitized protective eyewear that protects the eyes from ultraviolet radiation and allows adequate vision to maintain balance. The protective eyewear shall be located in the immediate area of each tanning device and shall be provided without charge to each user of a tanning device. The operator may not allow a person to use a tanning device if that person does not use protective eyewear that meets the requirements of the United States Food and Drug Administration. The operator also shall show each customer how to use suitable physical aids, such as handrails and markings on the floor, to maintain proper exposure distance as recommended by the manufacturer of the tanning device.
(c) 
The tanning facility operator shall clean and properly sanitize the body contact surfaces of a tanning device after each use of the tanning device.
(d) 
The tanning facility shall use a timer with an accuracy of at least plus or minus 10% of the maximum timer interval of the tanning device. The operator shall limit the exposure time of a customer on a tanning device to the maximum exposure time recommended by the manufacturer. A timer shall be located so that a customer cannot set or reset the customer’s exposure time. The operator shall control the temperature of the customer contact surfaces of a tanning device and the surrounding area so that it may not exceed 100°F.
(e) 
Before a customer who is 18 years of age or older uses a tanning facility’s tanning device for the first time and each time a person executes or renews a contract to use a tanning facility, the person must provide photo identification and sign a written statement acknowledging that the person has read and understood the required warnings before using the device and agrees to use protective eyewear.
(f) 
To ensure the proper operation of the tanning equipment, a tanning facility may not allow a person younger than 13 years of age to use a tanning device unless:
(1) 
The facility receives written permission from the person’s physician allowing the person to use the device; and
(2) 
The person’s parent or legal guardian remains at the tanning facility while the person uses the device.
(g) 
Before any person 16 or 17 years of age uses a tanning facility device for the first time, the person must give the operator a written informed consent statement signed and dated by the person’s parent or legal guardian stating that the parent or legal guardian has read and understood the warnings given by the tanning facility, consents to the minor’s use of a tanning device, and agrees that the minor will use protective eyewear. In addition, a person 13, 14, or 15 years of age must be accompanied by a parent or legal guardian, who must remain at the tanning facility while the person uses the tanning device.
(h) 
When a tanning device is in use by a person, another person may not be allowed in the area of the tanning device.
(i) 
A record of each customer using a tanning device shall be maintained at the tanning facility at least until the third anniversary of the date of the customer’s last use of a tanning device. The record shall include:
(1) 
The date and time of the customer’s use of a tanning device;
(2) 
The length of time the tanning device was used;
(3) 
Any injury or illness resulting from the use of a tanning device;
(4) 
Any written informed consent statement required to be signed under subsection (e), (f), or (g) of this section;
(5) 
The customer’s skin type, as determined by the customer by using the Fitzpatrick scale for classifying a skin type;
(6) 
Whether the customer has a family history of skin cancer; and
(7) 
Whether the customer has a past medical history of skin cancer.
(j) 
An operator shall keep an incident log at each tanning facility. The log shall be maintained at the tanning facility at least until the third anniversary of the date of an incident. The log shall include each:
(1) 
Alleged injury;
(2) 
Use of a tanning device by a customer not wearing protective eyewear;
(3) 
Mechanical problem with a tanning device; and
(4) 
Customer complaint.
(1995 Code, sec. 123.08; Ordinance 4282 adopted 10/19/2010; Ordinance adopting Code)
(a) 
Notice and order to correct.
If the regulatory authority determines that a tanning facility is in violation of this article or other law, it must notify the facility in writing of the violation and by written order direct the studio to correct the violation within a definite period of time.
(b) 
Immediate corrections.
If the regulatory authority determines that the violation constitutes an imminent and serious threat to the public health or safety, it shall order the permit holder to immediately correct the violation or to cease operations to the extent determined necessary to abate the threat until the violation is permanently corrected.
(c) 
Additional remedies.
In addition to the authority listed above, the city shall be entitled to pursue all other remedies including the issuance of citations for municipal court or filing a complaint with the department of state health services.
(d) 
Civil penalty and injunction.
The city attorney may engage in the enforcement of the civil penalty and injunction order of the state law if requested by the commissioner of the department of state health services pursuant to Tex. Health & Safety Code, section 145.0121 (civil penalty and injunction).
(1995 Code, sec. 123.09; Ordinance 4282 adopted 10/19/2010)
(a) 
It is unlawful for any person to conduct, operate or maintain a tanning facility within the city without a valid permit issued by the local regulatory authority.
(b) 
A person operating a tanning facility shall display the permit issued by the regulatory authority in a prominent place visible to the public.
(c) 
It is unlawful to transfer any permit issued under this article to another person or location.
(1995 Code, sec. 123.03; Ordinance 4282 adopted 10/19/2010)
(a) 
Any person who desires a permit for a tanning facility shall apply for the permit on a form provided by the regulatory authority. To receive a tanning facility permit, a person must submit a completed application to the regulatory authority and the required local application fee.
(b) 
Upon receipt of the completed application, the regulatory authority is authorized to inspect the proposed tanning facility for compliance with the provisions of this article. The regulatory authority shall issue a local tanning facility permit after determining that the proposed facility is in compliance with all applicable health regulations.
(c) 
The permit issued by the city regulatory authority shall be valid for one year or unless otherwise revoked for cause as hereinafter prescribed. The permit fee will be as set forth in the fee schedule.
(d) 
Whenever a tanning facility is constructed or remodeled so as to require a building permit, or an existing structure is converted in whole or part for use as a tanning facility, plans and specifications for such construction, remodeling or conversion with the applicable fees shall be submitted to the building official for review and approval in accordance with applicable city rules and regulations before construction, remodeling or conversion is begun. The building official shall approve the plans and specifications if they meet applicable city regulations.
(e) 
The building official or his or her designee shall be allowed to perform an inspection of the tanning facility prior to the start of operations as a tanning facility to determine compliance with approved plans and requirements of this article. A city certificate of occupancy issued by the building official must be obtained prior to the operation of the facility.
(1995 Code, sec. 123.04; Ordinance 4282 adopted 10/19/2010; Ordinance adopting Code)
(a) 
The regulatory authority may suspend a permit issued under the provisions of this article if it determines that the owner, operator or person in charge of a tanning facility has:
(1) 
Been convicted twice within a 12-month period for violation of this article;
(2) 
Failed to comply, within the time specified, with an order to correct or abate an imminent threat to the public health or safety;
(3) 
Intentionally or knowingly provided false information to the regulatory authority or his or her designee during a lawful inspection;
(4) 
Intentionally or knowingly impeded a lawful inspection by the regulatory authority or his or her designee; or
(5) 
A violation of federal or state law, or violation of a rule of the department of state health services adopted under Tex. Health & Safety Code, chapter 145.
(b) 
The regulatory authority shall suspend the permit for a definite period of time not to exceed one year, or until the violations resulting in the suspension have been corrected or abated.
(c) 
Upon receipt of written notice of suspension issued by the regulatory authority, the permit holder shall immediately cease operation of the studio for which the permit is suspended. The notice of suspension must include:
(1) 
The name of the permit holder;
(2) 
The location or identification of the establishment for which the permit is suspended;
(3) 
The reason for the suspension; and
(4) 
A statement informing the establishment of its right to appeal the suspension.
(1995 Code, sec. 123.10; Ordinance 4282 adopted 10/19/2010)
(a) 
A decision by the regulatory authority invoking suspension of a permit is final unless an appeal is filed, in writing, with the city manager or his or her designated representative within ten calendar days of the notice of suspension.
(b) 
The city manager or his or her designated representative shall set a time and date for a hearing on the suspension and shall issue a decision, in writing, within ten calendar days of the hearing date. The filing of an appeal in accordance with subsection (a) of this section enjoins or stays an action of the regulatory authority pending a final decision by the city manager or his or her designated representative, except in circumstances where the regulatory authority has determined that the suspension is due to an uncorrected or unabated imminent threat to the public health or safety.
(1995 Code, sec. 123.11; Ordinance 4282 adopted 10/19/2010)