[Ord. No. 16-03, 4-7-2016[1]]
It is hereby declared that the business of operating a tanning establishment as defined herein is a business affecting the public health, safety, and general welfare.
[1]
Editor's Note: Ord. No. 16-03 repealed former Article IV, Tanning Salon, containing Section 605.210.
[Ord. No. 16-03, 4-7-2016]
For the purposes of this Article, the following terms, phrases and words shall have the meanings herein expressed:
OPERATOR
Any person who leases or manages a tanning establishment or temporary tanning establishment; or any employee of a tanning establishment certified to operate the tanning equipment.
TANNING ESTABLISHMENT
Any location, place, area, structure or business that, either as a sole service or in conjunction with other services, provides access to tanning equipment.
[Ord. No. 16-03, 4-7-2016]
It shall be unlawful for any person, firm, or corporation owning, controlling or leasing, acting as agent for, conducting, managing or operating any tanning establishment without first applying for and receiving a license from the City Clerk.
[Ord. No. 16-03, 4-7-2016]
A. 
Application. Any person desiring a tanning health permit, shall make written application for a permit on forms provided by the City Clerk.
B. 
Issuance. After receipt of an application, for a tanning health permit, the health department shall inspect the proposed massage establishment to determine compliance with the provisions of this Article. If applicable requirements of this Article have been met, the health department shall issue a tanning health permit.
[Ord. No. 16-03, 4-7-2016; Ord. No. 16-36, 1-5-2017]
A. 
The annual permit fee for a tanning establishment shall be based on inspection frequency.
B. 
The following fees shall apply:
1. 
Tanning establishment:
a. 
Health inspection (two (2) inspections per year): one hundred dollars ($100.00).
2. 
Pre-opening inspection (completed before the business opens for the first time).
a. 
Pre-opening inspection: one hundred dollars ($100.00).
C. 
The City of Hollister and Taney County Health Department will perform one (1) time per year, a courtesy re-inspection, at no cost to the owner.
1. 
Re-inspection fee after courtesy inspection: twenty-five dollars ($25.00).
[Ord. No. 16-03, 4-7-2016]
Licenses and permits for a tanning establishment under the provisions of this Article may be granted at any time during the year, but all licenses and permits issued herein under shall expire on the 30th day of June. Licenses and permits shall not be transferable from one (1) person to another or from one (1) location to another.
[Ord. No. 16-03, 4-7-2016]
All licenses and permits shall be posted at all times in a visible location in the establishment.
[Ord. No. 16-03, 4-7-2016]
A. 
Signs shall be posted stating maximum time allowed in the booth and maximum U.V. limits of the bulbs used in the booths.
1. 
Required Size Of Sign. Signs must be eight and five-tenths (8.5) inches by eleven (11) inches and all letters on the sign must be upper case at ten (10) mm or thirty-nine hundredths (0.39) inches and five (5) mm or twenty hundredths (0.20) inches in height.
2. 
Additional required signage at each booth:
a. 
WARNING ULTRAVIOLET RADIATION, FOLLOW INSTRUCTIONS. AVOID OVEREXPOSURE, WEAR PROTECTIVE EYEWEAR.
b. 
IF YOU DO NOT TAN IN THE SUN, YOU ARE UNLIKELY TO TAN FROM THE USE OF THIS PRODUCT.
c. 
ANY PERSON WITH KNOWN HEALTH OR SKIN PROBLEMS SHOULD SEEK ADVICE OF YOUR PHYSICIAN BEFORE TANNING.
B. 
Timers shall be installed controlling all tanning lights. An attendant shall be on duty at all times and shall instruct customer on proper use of the tanning bed.
1. 
No timer interval shall have an error greater than ±10% of the maximum timer interval for the product.
2. 
The operator shall perform annual testing on all timers to ensure that this standard is met and keep files on record to be viewed at time of inspection.
3. 
The timer must not automatically reset and cause radiation emission to resume for a period greater than the unused portion of the timer cycle or when emission from the ultraviolet lamp has been interrupted.
4. 
Each ultraviolet radiation device shall allow the patron using the ultraviolet radiation device to terminate ultraviolet radiation emission manually at any time without disconnecting the electrical plug, removing the ultraviolet lamp or leaving the immediate environs of the ultraviolet radiation device.
5. 
Timers shall be set by the operator or by a designated employee.
6. 
No later than two (2) years after the effective date of this Subpart, existing ultraviolet radiation devices not equipped with a remote timer control system are required to have remote timer controls or a lock out device installed, such that patrons cannot reset the timer.
C. 
Cleaning And Sanitizing:
1. 
Floors, walls, and ceiling of booths shall be non-absorbent, smooth and easily cleanable.
2. 
Ultraviolet radiation devices, tanning booths, beds, and protective eyewear shall be cleaned with an adequate disinfectant after each use. All bedding, linens and towels should be removed and replaced with new clean bedding, linens and towels after each use.
3. 
The ultraviolet light produced by the ultraviolet radiation device shall not be considered an adequate sanitizing agent.
4. 
All disinfectants and sanitizing chemicals must comply with the following:
a. 
When the operator dilutes a concentrated disinfectant in lieu of using a commercially prepared, full strength disinfectant, a test kit or other device that accurately measures the concentration of the disinfectant in parts per million (ppm) shall be used to measure the strength of the solution. The diluted disinfectant shall be tested when initially prepared and at least weekly thereafter to ensure sufficient strength of the disinfectant.
b. 
Written procedures maintained at the facility shall include proper mixing and handling instructions for each disinfectant used to ensure proper concentration and safe use of the disinfectant. The facility must maintain an up to date MSDS manual for all chemicals used on the premises.
D. 
Privacy shall be provided for each occupant of a tanning booth. No pictures of any kind shall be taken of any occupant of a tanning booth.
E. 
Safety goggles shall be worn while in the tanning booth.
F. 
All tanning booth operators shall have training necessary to operate a tanning salon and shall provide proof of such training to the Health Officer prior to issuance of license to operate. Existing operators are subject to this requirement prior to license renewal.
G. 
All tanning facilities shall keep a register showing the name and age of each customer. Such register and premises shall be accessible for inspection by the Health Officer at any time during the normal business hours of operation.
1. 
The facility must report all injuries or illnesses caused by the use of ultraviolet radiation devices to the local Health Department within twenty-four (24) hours and keep all reports on file for three (3) years.
H. 
Persons under the age of eighteen (18) shall not be admitted without written permission of a parent or legal guardian, persons under the age of fourteen (14) shall not be admitted under any circumstances.
I. 
All new tanning salons shall obtain a Conditional Use Permit approval from the Planning and Zoning Commission and the Board of Aldermen.
J. 
Failure to comply with the above rules and conditions may result in revocation of the Conditional Use Permit and license to operate. Such revocation shall be at the discretion of the Health Officer and the Board of Aldermen.
K. 
Failure to comply with the above rules and conditions may result in revocation of the Conditional Use Permit and license to operate. Such revocation shall be at the discretion of the Health Officer and the Board of Aldermen.