(a) Warning Statement. A tanning facility must give each customer a written statement warning that:
(1) the customer must use the protective eyewear that the tanning facility provides to avoid damage to the eyes;
(2) overexposure causes burns;
(3) repeated exposure may cause premature aging of the skin and skin cancer;
(4) abnormal skin sensitivity or burning may be caused by certain:
(A) foods;
(B) cosmetics;
(C) tranquilizers;
(D) diuretics;
(E) antibiotics;
(F) high blood pressure medicines; and
(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; and
(6) it is a violation of County Code § 51A-7 for a person under the age of 18 to use a tanning device.
(b) In the warning statement required under subsection (a), a tanning facility must tell its customers:
(1) how much liability insurance it carries for the kinds of injuries listed in subsection (a); or
(2) 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 Executive must determine the content and size of the warning sign by regulation under Method (3). However, at a minimum, the sign must state that it is a violation of County Code § 51A-13 for a person under the age of 18 to use a 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. (1987 L.M.C., ch. 39, § 1; , §1; , §1.)
Editor’s note—In Section 51A-8(a)(6), what is now referring to § 51A-8 should correctly be referring to §51A-7. In Section 51A-8(c), what is now referring to § 51A-13 should correctly be referring to § 51A-7. These changes will be made in a future supplement.
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