§ 23-39-02 — Permit - Fee

1. A person may not operate a tanning facility without a permit issued by the department
under this chapter. The holder of a permit shall display the permit in a conspicuous
place at the tanning facility for which the permit is issued. Permits issued under this
chapter expire annually. An applicant for a permit shall submit an application for a
permit to the department, on a form provided by the department, with a permit fee
established by the department. The application must include the name and complete
mailing address and street address of the tanning facility and any other information
reasonably required by the department for the administration of this section.
2. The permit fee established by the department must be based on the cost of conducting
routine and complaint inspections and enforcement actions and the cost of preparing
and sending license renewals. Any fee collected under this section must be deposited
in the department's operating fund in the state treasury and any expenditure from the
fund is subject to appropriation by the legislative assembly. The department shall
waive all or a portion of the permit fee for any tanning facility that is subject to local
jurisdiction.
3. The department shall accept city or county enforcement of this chapter if the
department determines the city or county requirements meet or exceed the
requirements of this chapter and any rules adopted under this chapter.