[Ord. No. 16-03, 4-7-2016]
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.
[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.