Int. No. 295
By Council Members Vacca, Crowley, Koslowitz and Nelson
A Local Law to amend the administrative code of the city of New York, in relation to prohibiting certain advertisements by tanning salons.
Be it enacted by the Council as follows:
Section 1. Chapter one of title 17 of the administrative code of the city of New York is amended by adding a new section 17-196 to read as follows:
§17-196 Tanning salon advertisements. a. For the purposes of this section, the following term shall be defined as follows:
1. "Ultraviolet radiation device" shall mean any equipment which is designed to emit electromagnetic radiation in the wavelength interval of two hundred to four hundred nanometers in air, and which is intended to induce tanning of the human skin through irradiation, including, but not limited to, a sunlamp, tanning booth, or tanning bed.
2. "Tanning salon" shall mean any establishment where one or more ultraviolet radiation device is used, offered, or made available for use by any human being, for which a fee is charged, directly or indirectly, but shall not include any facility where such device is used by a qualified health care professional for treatment of medical conditions.
b. No tanning salon shall include any words or phrases in an advertisement for the use of an ultraviolet radiation device which claim that the use of such a devise is not harmful to one's health or does not increase the risk of skin cancer.
c. Any violation of this section shall be a misdemeanor triable by a judge of the criminal court of the city of New York and punishable by not more than six months imprisonment or by a fine of not more than one thousand dollars or both.
d. In addition to the penalties prescribed by subdivision c of this section any person who violates any of the provisions of this section shall be liable for a civil penalty of not less than two hundred dollars nor more than one thousand dollars per violation.
§2. This local law shall take effect ninety days after its enactment into law.
JW
LS# 947
05/07/10