2007 California Business and Professions Code Article 12.5. Tanning Facilities

CA Codes (bpc:7414.1-7414.6)

BUSINESS AND PROFESSIONS CODE

SECTION 7414.1-7414.6




7414.1.  All records required by law to be kept by tanning
facilities subject to the Filante Tanning Facility Act of 1988
(Chapter 23 (commencing with Section 22700) of Division 8),
including, but not limited to, records relating to written warning
statements, the sign required to be posted, the qualifications of
facility operators, statements of acknowledgment, parental consent
forms, and injury reports, shall be open to inspection by the board,
or its authorized representatives, during any inspection, or during
any investigation initiated in response to a complaint that the
tanning facility has violated any provision of the Filante Tanning
Facility Act of 1988.  A copy of any or all of those records shall be
provided to the  board, or its authorized representatives,
immediately upon request.



7414.2.  (a) Notwithstanding any other provision of law, a violation
of the Filante Tanning Facility Act of 1988 (Chapter 23 (commencing
with Section 22700) of Division 8), is an infraction subject to the
procedures described in Sections 19.6 and 19.7 of the Penal Code
when:
   (1) A complaint or a written notice to appear in court pursuant to
Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 of
the Penal Code is filed in court charging the offense as an
infraction, or
   (2) The court, with the consent of the defendant and the
prosecution, determines that the offense is an infraction in which
event the case shall proceed as if the defendant has been arraigned
on an infraction complaint.
   (b) Notwithstanding any other provision of law, a violation of any
of the provisions of the Filante Tanning Facility Act of 1988, which
is an infraction, is punishable by a fine of not less than two
hundred fifty dollars (0) and not more than one thousand dollars
(,000).
   (c) This section shall become effective July 1, 1994.




7414.3.  (a) Any representative of the board designated by the
director shall have the authority to issue a written notice to appear
in court pursuant to Chapter 5c (commencing with Section 853.5) of
Title 3 of Part 2 of the Penal Code.  Representatives so designated
are not peace officers and are not entitled to safety member
retirement benefits, as a result of that designation.  Except as
otherwise provided, the representative's authority is limited to the
issuance of written notices to appear for infraction violations of
the Filante Tanning Facility Act of 1988 and only when the violation
is committed in the presence of the representative.
   (b) There shall be no civil liability on the part of, and no cause
of action shall arise against, any representative, acting pursuant
to subdivision (a) and within the scope of his or her authority, for
false arrest or false imprisonment arising out of any arrest which is
lawful or which the representative, at the time of that arrest, had
reasonable cause to believe was lawful.
   (c) This section shall become effective July 1, 1994.



7414.4.  The  board, and its authorized representatives, may
disseminate information to tanning facilities regarding compliance
with the Filante Tanning Facility Act of 1988.



7414.5.  This article shall be applicable only to those tanning
facilities operated in conjunction with, or at the same location as,
an establishment licensed under this chapter.



7414.6.  The board may adopt regulations concerning the operation of
tanning facilities in licensed establishments.

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