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.

(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.

(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.

(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.

(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.

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.

(a) Tanning facility. A tanning facility must: (1) have a trained attendant on duty whenever the facility is open for business; (2) (A) provide each customer with protective eyewear that meets the standards for tanning devices established under this Chapter; and (B) prohibit a person from using a tanning device if that person does not use the protective eyewear. (3) 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; (4) limit each customer to the maximum exposure time as recommended by the manufacturer; (5) ensure that a timing device that is accurate within 10% of any selected timer interval is used and is remotely located so customers cannot set their own exposure time; (6) control the interior temperature of a tanning facility so that it does not exceed 100 degrees Fahrenheit; (7) ensure that each tanning device is equipped with a mechanism that allows a customer to turn the tanning device off; (8) prohibit a customer from using a tanning device in the facility more than once every 24 hours; (9) sanitize each tanning device after each use; (10) provide a written warning as required in Section 51A-8; and (11) maintain records as required in Section 51A-9. (b) Customer. (1) Either each time a person uses a tanning facility, or each time a person executes or renews a contract to use a tanning facility, the person must sign a written statement that the person: (A) has read and understood the warnings before using the device; and (B) agrees to use the protective eyewear that the tanning facility provides. (2) When using a tanning device, a person must use the protective eyewear that the tanning facility provides. (3) A person under the age of 18 must not use a tanning device.

(a) Warning Statement. A tanning facility must give each customer a written statement warning that: (1) the customer must use the protective eyewear that the tanning facility provides to avoid damage to the eyes; (2) overexposure causes burns; (3) repeated exposure may cause premature aging of the skin and skin cancer; (4) abnormal skin sensitivity or burning may be caused by certain: (A) foods; (B) cosmetics; (C) tranquilizers; (D) diuretics; (E) antibiotics; (F) high blood pressure medicines; and (G) birth control pills; and (5) any person taking a prescription or over-the-counter drug should consult a physician before using a tanning device; and (6) it is a violation of County Code § 51A-7 for a person under the age of 18 to use a tanning device. (b) In the warning statement required under subsection (a), a tanning facility must tell its customers: (1) how much liability insurance it carries for the kinds of injuries listed in subsection (a); or (2) that it does not carry liability insurance for the kinds of injuries listed in subsection (a). (c) Warning sign. A tanning facility must post a warning sign in any area where a tanning device is used. The Executive must determine the content and size of the warning sign by regulation under Method (3). However, at a minimum, the sign must state that it is a violation of County Code § 51A-13 for a person under the age of 18 to use a tanning device. (d) A tanning facility must not claim, or distribute promotional materials that claim, that using a tanning device is safe or free from risk. (e) The liability of a facility operator or a manufacturer of a tanning device is not changed by giving the warning under this Section.

(a) Injury report. (1) Tanning facility. A tanning facility must: (A) report any injury, or any complaint of injury, to the Department on the form that the Department requires; and (B) send a copy of the injury report to the person who is injured or complains of an injury. (2) Department. The Department must send to the Food and Drug Administration a report of all injuries in a tanning facility. (b) Records. A tanning facility must keep a record of each customer's use of a tanning device. The Executive must determine by regulation a reasonable length of time and the manner that records must be kept.

The Department may inspect any tanning facility whenever it is open to the public for business to determine whether the tanning facility meets the requirements of this Chapter.

The Department must administer and enforce this Chapter. The County Executive must issue regulations for administering this Chapter under Method (2). These regulations should include standards for hygiene, injury reports, training of attendants, and the meaning of health care professional.

(a) Order to comply. The Director may order a licensee to comply with the provisions of this Chapter. The County Attorney may file an action in any competent court to enforce an order under this Section or to enjoin any violation of this Chapter. (b) Denial, suspension, revocation. The Director may deny, suspend, or revoke a license under this Chapter if the Director finds, after a hearing for which written notice has been given, that an applicant or licensee has: (1) made a material false statement on an application for an initial or renewal license; (2) obtained a license by fraud or deceit; (3) failed to conform to the provisions of this Chapter; (4) refused lawful entry to any person authorized to enforce this Chapter; or (5) failed to comply with an order under this Section. (c) Summary closing. (1) The Director may summarily suspend or revoke a license under this Chapter if the Director finds that the tanning facility presents an immediate threat to the public health or safety. (2) If the Director summarily suspends or revokes a license under this Section, the Director must: (A) give the licensee written notice as soon as possible; and (B) hold a hearing within 48 hours after receiving a written request for a hearing from the licensee. (d) Reinstatement. Any person whose license has been suspended or revoked under this Section may apply to the Director for reinstatement of the license. Upon receipt of an application for reinstatement, the Director must inspect the tanning facility and must reinstate the license if the tanning facility conforms to the provisions of this Chapter. (e) Notice. Notice to an applicant or licensee under this Section is effective if: (1) served personally on the applicant or licensee; (2) mailed by certified mail to the applicant or licensee; (3) posted on the door of the residence of the applicant or licensee; or (4) posted on the door of the tanning facility. (f) Appeal. Any person aggrieved by a denial, suspension, or revocation under this Section may file an appeal with the Montgomery County Board of Appeals within 10 days after receipt of the denial, suspension, or revocation. An order to comply is not appealable under this subsection. The filing of an appeal does not stay an action under this Section unless the action expressly provides for a stay upon appeal.

Any violation of this Chapter or any regulation adopted under it is a Class A violation. Each day a violation continues is a separate offense.