[HISTORY: Adopted by the Board of County Commissioners of Charles County 2-27-2018 by Bill No. 2017-10. Amendments noted where applicable.]
The Board of County Commissioners of Charles County, Maryland, recognizes the importance of the General Assembly's adoption of House Bill 1358 (2008) that underscored the findings of the United States Food and Drug Administration and numerous leading health care organizations that nearly 1,000,000 Americans are stricken with skin cancer, some forms of which can be fatal.
According to studies published by the American Medical Association in 2015, approximately 7.8 million adult women and 1.9 million adult men in the United States tan indoors, and nearly 1/3 of those adults start tanning before the age of 18; and nearly 45% of those children that started tanning before the age of 16 reported that they did so with a family member, and nearly half of those children did so with their mothers.
The Board of County Commissioners of Charles County concludes that it is in the public interest to protect children from the harmful effects of ultraviolet radiation through the use of artificial tanning devices by restricting minors' access to such devices.
In this chapter, the following terms have the meanings indicated:
- GOVERNMENT-ISSUED PHOTO IDENTIFICATION
- Any form of identification that is issued by a federal or state governmental agency, including, but not limited to, the United States government, the Maryland Motor Vehicle Administration or other similar agency from a state other than Maryland.
- HEALTH OFFICER
- The Charles County Health Officer or the Health Officer's designee.
- A person under the age of 18 years old.
- TANNING DEVICE
- Any equipment that emits radiation used for tanning of the skin, including sunlamps, tanning booths, or tanning beds.
- TANNING FACILITY
- Any place where a tanning device is used for a fee, membership dues, or other compensation, whether or not paid directly by the user.
An owner, employee, or operator of a tanning facility shall not allow a minor to use a tanning device.
A tanning facility must post a sign in any area where a tanning device is used that states that it is a violation in Charles County for a person under the age of 18 to use a tanning device.
Prior to each use of the tanning device, the owner, employee or operator of a tanning facility must inspect the government-issued photo identification to ensure that the person attempting to utilize the tanning device is not a minor.
The Health Officer shall be charged with the enforcement of this chapter.
The Health Officer may enforce the provisions of this chapter through injunctive proceedings, action for specific performance, or any other appropriate proceeding.
Any person who knowingly and willfully violates the provisions of this chapter is subject to a civil fine of $500 for each incident that occurs in violation of this chapter. A court with competent jurisdiction may impose these fines as ancillary relief in the injunctive proceedings or as damages in separate civil proceedings.
If any part of this chapter is held to be invalid, the invalidity shall not affect the other remaining parts.