AGENDA ITEM 5C
March 1,2016
Introduction
MEMORANDUM
February 26,2016
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative Attorney
v~~
Introduction:
Bill 5-16, Tanning Facilities - Amendments
Bill 5-16, Tanning Facilities - Amendments, sponsored by Lead Sponsor Councilmember Hucker
is scheduled to be introduced on March 1, 2016. A public hearing is tentatively scheduled for
March 22 at 1:30 p.m.
Bill 5-16 would prohibit minors from using indoor tanning devices; require tanning facilities and
customers to adhere to certain duties; and require tanning facilities to provide certain warning
statements and post certain signs.
This packet contains:
Bill 5-16
Legislative Request Report
Circle
#
1
12
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Bill No.
5-16
Conceming: Tanning
Facilities
Amendments
Draft No. _3_
Revised:
212212016
Introduced:
March 1. 2016
Expires:
September 1! 2017
Enacted: _ _ _
~
_ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ __
Sunset Date:
-:..::.No=n~e-::----:-
_ _ __
Ch. _ _• Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Councilmember Hucker
AN
ACT to:
(1)
(2)
(3)
(4)
prohibit minors from using indoor tanning devices;
require tanning facilities and customers to adhere
to
certain duties;
require tanning facilities to provide certain warning statements and post certain
signs; and
generally amend the law regarding tanning facilities.
By amending and renumbering
Montgomery County Code
Chapter 51A, Tanning Facilities
Sections 51A-I, 51A-2, 51A-3, 51A-4, 51A-5, 51A-6, 51A-7, 51A-8, 51A-9, 51A-1O,
51A-l1, 51A-12, 51A-13, 51A-14, and 51A-15
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface bracketsD
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unqffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 5-16
1
Sec.
1.
Chapter 51A is amended by amending and rennmbering Sections
51A-l, 51A-2, 51A-3, 51A-4, 51A-5, 51A-6, 51A-7, 51A-8, 51A-9, 51A-IO,
51A-ll, 51A-12, 51A-13, 51A-14, and 51A-15:
51A-l. Definitions.
In this Chapter the following words have the meanings indicated:
[(1)]
Department
means the Department ofHealth and Human Services.
[(2)]
Director
means the Director of the Department of Health and Human
Services or the Director's designee.
[(3)]
Tanning facility
means any place where a tanning device is used [for a
fee, membership dues, or any other compensation] regardless of whether
!!
fee
is charge for access to the tanning device.
[(4)]
Tanningdevice[:
2
3
4
5
6
7
8
9
10
11
12
13
14
a.
Means any equipment that emits radiation used for tanning of the
skin, such as a sunlamp, tanning booth, or tanning bed; and
15
b.
Includes any accompanying equipment, such as protective
eyewear, timers, and handrails.] means equipment that emits
electromagnetic radiation having wavelengths in the air between
200 and 400 nanometers and that is used for tanning of human
skin.
Tanning device
includes any accompanying equipment,
including protective eye wear, timers, and handrails.
16
17
18
19
20
21
[51A-2. Scope.]
[This chapter does not apply to a licensed health care professional who uses a
tanning device.]
22
23
24
[51A-4] 51A-2. License required.
(a)
25
26
27
[It
is unlawful for any person to] A person must not operate a tanning
facility without a valid license issued by the [department] Department
under this [chapter] Chapter.
(])
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BILL
No. 5-16
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(b)
A license authorizes a person to operate a tanning facility only at the
location identified in the license.
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30
31
(c)
A license issued under this [chapter] Chapter is not transferable.
However, a new owner may continue to operate a tanning facility under
the terms of the previous license if:
(1)
[The] the new owner has applied for a license under this [chapter]
Chapter; and
(2)
[The] the license of the previous owner has not expired or been
suspended or revoked.
32
33
34
35
36
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38
[51A-5] 51A-3. Application for license.
(a)
In general.
A person who wants to operate a tanning facility must:
(1)
[Submit] submit an application to the [department] Department
on the form that the [department] Department requires; and
(2)
[pay]
Pill:
to the [department] Department a license fee in the
amount that the [county executive] County Executive determines
by regulation adopted under [method] Method (3).
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40
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44
(b)
Contents ofform.
The application must include:
(1)
(2)
[The] the name and address of the applicant;
[The] the location and telephone number of the tanning facility
for which the application is made;
(3)
[The] the name, description and year of manufacture of each
tanning device used by the tanning facility; and
(4)
[Any] any other information that the [department] Department
reqUIres.
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53
(c)
New equipment.
A person who operates a tanning facility must notify
the [department] Department of the name, description, and year of
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BILL
No. 5-16
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manufacture of any new equipment it uses within
[thirty
(30)] 30 days
after installing the new equipment for use.
[51A-6] 51A-4. Issuance of license; inspection.
(a)
Issuance.
The [department] Department must issue a license to any
person who:
(1)
[Submits] submits an application under [section 51A-5] Section
51A-4;
(2)
[pays]
~
the license fee required under [section 51A-5]
62
63
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70
Section 51A-4; and
(3)
(b)
[Meets] meets all other requirements ofthis [chapter] Chapter.
Inspection.
Before issuing a license [under this chapter], the
[department] Department must inspect a tanning facility to determine
whether it meets the requirements ofthis [chapter] Chapter.
[51A-7. License.]
[(a)]
!£)
Contents gflicense.
A license must include:
(1)
(2)
[The] the name ofthe licensee;
[The] the location of the tanning facility for which the license is
issued;
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72
(3)
(4)
[The] the date that the license expires; and
[Any] any other information that the [department] Department
reqUIres.
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79
[(b)]
@
Term gflicense.
A license is valid for [one (1)]
1
year after its date of
Issuance.
[(c)]
ill
Display.
A licensee must display the license conspicuously in the
tanning facility.
[51A-8. Renewal] 51A-5. License renewal.
8
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BILL
No.
5-16
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(a)
Application.
A licensee may renew a license if, [thirty (30)] 30 days
before the license expires, the licensee:
(1)
[Submits] submits to the [department] Department a renewal
application on the fonn that the [department] Department
reqUIres;
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(2)
[pays]
~
a renewal fee equal to the license fee established
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under [section 51A-5] Section 51A-4; and
(3)
(b)
[Meets] meets all other requirements of this [chapter] Chapter.
Extension.
An
existing license continues in effect until the [department]
Department acts on the renewal application if:
(1)
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94
[The] the licensee meets the requirements of subsection (a); and
[The] the existing license has not been suspended or revoked.
(2)
(c)
Term.
A license is valid for [one
(1)]
1
year after its date ofrenewal.
[51A-ll] 51A-6. Standard for tanning devices.
Any tanning device used by a tanning facility must meet performance
standards based on applicable federal law and regulations for the protection of the
public health as established by the [county executive] County Executive.
[51A-13] 51A-7. [Use requirements] Duties; prohibition of use
~
minors.
(a)
Tanning/aGility.
A tanning facility must:
(1)
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96
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100
[Have] have a trained attendant on duty whenever the facility is
open for business;
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(2)
[a.]
CA)
[provide] provide each customer with protective eyewear
that meets the standards for tanning devices established
under this [chapter] Chapter; and
[b.]
Oll
[Not allow] prohibit a person [to use] from using a
105
106
tanning device if that person does not use the protective
eyewear.
o
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BILL No. 5-16
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(3)
[Show] show each customer how to use suitable physical aids,
such as handrails and markings on the floor, to maintain proper
exposure distance as recommended by the manufacturer;
(4)
[Limit] limit each customer to the maximum exposure time as
recommended by the manufacturer;
III
112
(5)
ensure that
~
timing device that is accurate with 10% of any
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selected timer interval is used and is remotely located so
customers cannot set their own exposure time;
®
[Control] control the interior temperature of a tanning facility so
that it does not exceed [the temperature that the county executive
determines by regulation under method (3)] 100 degrees
Fahrenheit;
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.en
00
(2)
ensure that each tanning device is equipped with
~
mechanism
that allows
~
customer to
turn
the tanning device off;
prohibit
~
customer from using
~
tanning device in the facility
more than once every 24 hours;
sanitize each tanning device after each use;
QQ}
provide
~
written warning as required in Section
51A-9;
and
125
126
.QD
maintain records as required in Section SlA-IO.
(b)
Customer.
127
(1)
Either each time a person uses a tanning facility, or each time a
person executes or renews a contract to use a tanning facility, the
person must sign a written statement that the person:
[a.]
(A)
[Has] has read and understood the warnings before using
the device; and
[b.]
{ID
[Agrees]
~ees
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to use the protective eyewear that the
tanning facility provides.
G
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BILL
No. 5-16
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(2)
When using a tanning device, a person must use the protective
eyewear that the tanning facility provides.
[(3)
A person under the age of eighteen (IS) must be accompanied by
a parent or legal guardian when using a tanning device.]
person under the
~
of
~
must not use
f!
tanning device.
A
[51A-12] 51A-8. Warnings.
(a)
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Warning Statement.
A tanning facility must give each customer a
written statement warning that:
(1)
[The] the customer must use the protective eyewear that the
tanning facility provides to avoid damage to the eyes;
(2)
(3)
[Overexposure] overexposure causes burns;
[Repeated] repeated exposure may cause premature aging of the
skin and skin cancer;
(4)
[Abnormal] abnonnal skin sensitivity or burning may be caused
by certain:
[a.
[b.
[c.
[d.
[e.
[f.
[g.
Foods] (A) foods;
Cosmetics] ill.) cosmetics;
Tranquilizers]
(Q
tranquilizers;
Diuretics]
@
diuretics;
Antibiotics]
ill)
antibiotics;
High]
®
high blood pressure medicines; and
Birth] (G) birth control pills; and
(5)
Any person taking a prescription or over-the-counter drug should
consult a physician before using a tanning device[.],;,
®
!!
is
f!
violation of County Code
~
§51A-S for
f!
person under the
of.lli to use
f!
tanning device.
o
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No. 5-16
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(b)
In
the warning statement required under subsection (a), a tanning
facility must tell its customers:
(1)
[How] how much liability insurance it carries for the kinds of
injuries listed in subsection (a); or
(2)
[That] that it does not carry liability insurance for the kinds of
injuries listed in subsection (a).
(c)
Warning Sign.
A tanning facility must post a warning sign in any area
where a tanning device is used. The [county executive] Executive must
determine the content and size of the warning sign by regulation under
[method] Method (3). However, at
~
minimum, the
§ign
must state that
it is
~
violation of County Code §51A-13 for
~
person under the age of
1li
to use
~
tanning device.
(d)
A tanning facility must not claim, or distribute promotional materials
that claim, that using a tanning device is safe or free from risk.
(e)
The liability of a facility operator or a manufacturer of a tanning device
is not changed by giving the warning under this [section] Section.
[51A-14] 51A-9. Injury report; records.
(a)
Injury report.
(1)
Tanningfacility.
A tanning facility must:
[a.] CA) [Report] report any injury, or any complaint of injury, to
the [department] Department on the fonn that the
[department] Department requires; and
[b.]
ill)
[Send] send a copy of the injury report to the person who
is injured or complains of an injury.
(2)
Department.
The [department] Department must send to the
[food and drug administration] Food and Drug Administration a
report of all injuries in a tanning facility.
o
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No.
5-16
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(b)
Records.
A tanning facility must keep a record of each customer's use of
a tanning device. The [county executive] Executive must determine by
regulation a reasonable length of time and the manner that records must
be kept.
[51A-9] 51A-IO. Right of entry.
The [department] Department may inspect any tanning facility whenever it is
open to the public for business to determine whether the tanning facility meets the
requirements ofthis [chapter] Chapter.
[51A-3] 51A-11. Administration; regulations.
The Department [of Health and Human Services is responsible for
administering and enforcing] must administer and enforce this Chapter. The County
Executive must issue regulations for administering this Chapter under [method]
Method (2). These regulations should include standards for hygiene, injury reports,
training of attendants, and the meaning of health care professional.
[51A-IO] 51A-12. Enforcement.
(a)
Order to comply.
The [director] Director may order a licensee to comply
with the provisions of this [chapter] Chapter. The [county attorney]
County Attorney may file an action in any competent court to enforce
an order under this [section] Section or
to
enjoin any violation of this
[chapter] Chapter.
(b)
Denial, suspension, revocation.
The [department] Director may deny,
suspend, or revoke a license under this [chapter] Chapter if the
[director] Director finds, after a hearing for which written notice has
been given, that an applicant or licensee has:
(1)
[Made] made a material false statement on an application for an
initial or renewal license;
(2)
[Obtained] obtained a license by fraud or deceit;
211
212
213
G)
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No.
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(3)
[Failed] failed to conform to the provisions of this [chapter]
Chapter;
(4)
[Refused] refused lawful entry to any person authorized to
enforce this [chapter] Chapter; or
(5)
[Failed] failed to comply with an order under this [section]
Section.
(c)
Summary closing.
(1)
The [director] Director may summarily suspend or revoke a
license under this [chapter] Chapter if the [director] Director
finds that the tanning facility presents an immediate threat to the
public health or safety.
(2)
If the [director] Director summarily suspends or revokes a license
under this [section] Section, the [director] Director must:
[a. ] (A) [Give] give the licensee written notice as soon as
possible; and
[b.]
an
[Hold] hold a hearing within [forty-eight (48)] 48 hours
after receiving a written request for a hearing from the
licensee.
(d)
Reinstatement.
Any person whose license has been suspended or
revoked under this [section] Section may apply to the [director] Director
for reinstatement of the license. Upon receipt of an application for
reinstatement, the [director] Director must inspect the tanning facility
and must reinstate the license if the tanning facility conforms to the
provisions ofthis [chapter] Chapter.
(e)
Notice.
Notice to an applicant or licensee under this [section] Section is
effective if:
(1)
[Served] served personally on 'the applicant or licensee;
®
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No. 5-16
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(2)
(3)
[Mailed] mailed by certified mail to the applicant or licensee; [or]
[posted] posted on the door of the residence of the applicant or
licensee[,]~
or
ill
(f)
posted on the door of the tanning facility.
Appeal.
Any person aggrieved by a denial, suspension, or revocation
under this [section] Section may file an appeal with the Montgomery
County Board of Appeals within [ten (10)] 10 days after receipt of the
denial, suspension, or revocation. An order to comply is not appealable
under this subsection. The filing of an appeal does not stay an action
under this [section] Section unless the action expressly provides for a
stay upon appeal.
[51A-15. Penalty] 51A-13. Penalties.
[A person who does not comply with the provisions of this chapter or the
regulations adopted under this chapter may be punished for a class A violation under
section 1-19] Any violation of this Chapter or any regulation adopted under it is
Class A violation. Each day a violation continues is a separate offense.
Approved:
~
257
258
Nancy Floreen, President, County Council
259
Approved:
Date
260
Isiah Leggett, County Executive
261
This is a correct copy ofCouncil action.
Date
262
Linda M. Lauer, Clerk of the Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 5-16
Tanning Facilities
-
Amendments
DESCRIPTION:
PROBLEM:
Bill 5-16 would generally update County law related to tanning
facilities and prohibit minors from using tanning facilities.
The current laws related to tanning facilities were originally
established in 1987 and infrequently amended since then. There have
been increased knowledge about the risks of indoor tanning facilities
since that time.
According to the Centers for Disease Control and Prevention, the use
of tanning facilities is particularly dangerous for younger users
because people who begin indoor tanning during adolescence or early
adulthood have a higher risk of getting melanoma, the deadliest form
of skin cancer.
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
To protect public health by updating the general laws related to tanning
facilities and prohibit minors from using tanning facilities.
Department of Health and Human Services
To be requested.
To be requested.
To be requested.
To be researched.
Amanda Mihill, 240-777-7815
Not applicable.
Class A violation.
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@