Chapter 5.112 — TANNING SALONS

For purposes of this chapter, the following terms shall have the following meanings:

"Phototherapy device" shall mean any equipment that emits ultraviolet radiation, used by a health care professional in the treatment of disease.

"Refund" shall mean an amount equal to the pro-rated value of the remaining time on a tanning facility contract at the time of a tanning facility closure. Initiation and processing fees, if any, shall be included if such fees were paid within two years of the date of the tanning facility closure.

"Tanning device" shall mean equipment that emits electromagnetic radiation with wavelengths between two hundred and four hundred nanometers which is used to tan the skin. Tanning devices include but are not limited to sunlamps, tanning booths or tanning beds. When reference is made to a tanning device, reference includes all equipment used in conjunction with the device, such as protective eye wear, timers and handrails.

"Tanning facility" shall mean any business establishment which provides tanning devices for use by its members or the general public.

"Tanning facility closure" shall mean the discontinuation or relocation of a tanning facility in a manner, and at the location, specified in the tanning facility contract. This shall not include temporary closures for a period of two weeks or less or for closures of a longer duration in order to make repairs or alterations to existing facilities.

"Tanning facility contract" shall mean a contract in the form and manner described by California Civil Code Section 1812.80 et seq., between a health club and consumer for health club services. (Prior code § 6365(a); Ord. 90-269 § 1, 1990)

The provisions of this section do not apply to a phototherapy device used by or under the direct supervision of a licensed physician or health care professional who is trained in the use of phototherapy devices.

(Prior code § 6365(b); Ord. 90-269 § 1, 1990)

1. Warning Sign to Be Posted. A tanning facility licensed pursuant to this chapter shall post a warning sign in any area where a tanning device is used. The sign shall read as follows:

DANGER: ULTRAVIOLET RADIATION

• (a) Follow Instructions.

• (b) Avoid too frequent or too lengthy exposure. As with natural sunlight, exposure can cause eye and skin injury and allergic reactions. Repeated exposure may cause chronic sun damage characterized by wrinkling, dryness, fragility and bruising of the skin, and skin cancer.

• (c) Wear protective eye wear.

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City of West Hollywood, CA § 5.112.030

WEST HOLLYWOOD CODE

§ 5.112.050

FAILURE TO USE PROTECTIVE EYE WEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.

• (d) Ultraviolet radiation from sun lamps will aggravate the effects of the sun. Therefore, do not sunbathe before or after exposure to ultraviolet radiation.

• (e) Medications or cosmetics may increase your sensitivity to ultraviolet radiation. Consult a physician before using a sunlamp if you are using medications, have a history of skin problems, or believe you arc especially sensitive to sunlight. Pregnant women or women on birth control pills who use this product may develop discolored skin.

IF YOU DO NOT TAN IN THE SUN YOU WILL NOT TAN FROM THIS DEVICE.

2. Term of Tanning Facility Contract. No tanning facility operating in the City of West Hollywood shall contract to provide tanning facility services for a period of time beyond which the tanning facility has an ownership or leasehold interest to operate such tanning facility.

3. Effect of Closure. The provisions regarding closures found at subsection (2) of Section 5.64.030 shall control herein,

4. Disclosure Statement. All tanning facility contracts entered into in the City of West Hollywood shall be accompanied by a disclosure statement which shall read:

NOTICE TO CONSUMERS

In the event of a tanning facility closure, you may have additional protections afforded by local law beyond those provided to you under state law. For more information, contact the City of West Hollywood City Clerk, 8300 Santa Monica Blvd., West Hollywood, California 90069-4314.

5. Compliance Period. All tanning facilities shall comply with the requirements of this chapter on or before August 16, 1990.

(Prior code § 6365(c); Ord. 90-269 § 1, 1990)

The bond requirements for a tanning facility shall be the same as those found in Section 5.64.040.

(Prior code § 6365(d); Ord. 90-269 § 1, 1990)

The administrations of refunds provisions found at Section 5.64.050 shall control the administration of refunds in the event of a tanning facility's closure. (Prior code § 6365(e); Ord. 90-269 § 1, 1990)

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City of West Hollywood, CA

BUSINESS LICENSES, REGULATIONS AND PERMITS

§ 5.114.010

§ 5.114.030