[§321‑12.2] Tanning facilities; minors; penalties. (a) It shall be unlawful for any tanning facility owner, lessee, or operator to allow any person under the age of eighteen to use any tanning equipment.
(b) A tanning facility owner, lessee, or operator shall post in a conspicuous place in each tanning facility that the individual owns, leases, or operates in this State, a notice developed by the director of health addressing the following:
(1) That it is unlawful for a tanning facility owner, lessee, or operator to allow a person under the age of eighteen to use any tanning equipment;
(2) That any tanning facility owner, lessee, or operator violating this section shall be subject to a fine;
(3) That any individual may report a violation of this section to the individual's local law enforcement agency; and
(4) The health risks associated with tanning.
(c) The director of health may impose on a person who violates this section:
(1) For a first violation, a fine not to exceed $250; and
(2) For each subsequent violation, a fine not to exceed $500.
(d) This section shall not apply to any physician duly licensed to practice medicine who uses, in the practice of medicine, medical diagnostic and therapeutic equipment that emits ultraviolet radiation or to any person who owns tanning equipment exclusively for personal, noncommercial use.
(e) The director of health may adopt rules in accordance with chapter 91 to implement this section.
(f) As used in this section:
"Operator" means a person designated by the tanning facility owner or tanning equipment lessee to operate or assist and instruct in the operation and use of the tanning facility or tanning equipment.
"Tanning equipment" means any device that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers used for tanning of the skin, including but not limited to sunlamps, tanning booths, or tanning beds.
"Tanning facility" means any location, place, area, structure, or business that provides persons access to any tanning equipment, including tanning salons, health clubs, gyms, apartments, condominiums, and hotels, regardless of whether a fee is charged for access to the tanning equipment. [L 2014, c 205, §2]