[HISTORY: Adopted by the Board of County Commissioners of
Charles County 2-27-2018 by Bill
No. 2017-10. Amendments noted where applicable.]
A.
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.
B.
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.
C.
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:
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.
The Charles County Health Officer or the Health Officer's
designee.
A person under the age of 18 years old.
Any equipment that emits radiation used for tanning of the
skin, including sunlamps, tanning booths, or tanning beds.
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.
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.
B.
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.
A.
The
Health Officer shall be charged with the enforcement of this chapter.
B.
Civil
penalties.
(1)
The Health Officer may enforce the provisions of this chapter through
injunctive proceedings, action for specific performance, or any other
appropriate proceeding.
(2)
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.
