(a)No person other than the minor's parent or legal
guardian shall knowingly allow a minor who has not reached
fifteen (15) years of age to use an ultraviolet tanning device,
unless the minor's parent or legal guardian consents in writing
to the use and is present the entire time of use. No person
shall knowingly allow a minor age fifteen (15) years to the age
of majority to use an ultraviolet tanning device, except with
written consent obtained from the minor's parent or legal
guardian. Any person other than the minor's parent or legal
guardian allowing the use of an ultraviolet tanning device by a
minor shall demand proof of age prior to allowing the use of an
ultraviolet tanning device. A motor vehicle driver's license, a
registration card issued under the federal Selective Service
Act
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(a) No person other than the minor's parent or legal
guardian shall knowingly allow a minor who has not reached
fifteen (15) years of age to use an ultraviolet tanning device,
unless the minor's parent or legal guardian consents in writing
to the use and is present the entire time of use. No person
shall knowingly allow a minor age fifteen (15) years to the age
of majority to use an ultraviolet tanning device, except with
written consent obtained from the minor's parent or legal
guardian. Any person other than the minor's parent or legal
guardian allowing the use of an ultraviolet tanning device by a
minor shall demand proof of age prior to allowing the use of an
ultraviolet tanning device. A motor vehicle driver's license, a
registration card issued under the federal Selective Service
Act, an identification card issued to a member of the armed
forces, a valid United States passport, a tribal identification
card issued by the governing body of the Eastern Shoshone Tribe
or the Northern Arapaho Tribe or an identification card issued
by the department of transportation is prima facie evidence of
the age and identity under this section. Proof that the person
allowing the use of the ultraviolet tanning device demanded, was
shown and acted in reasonable reliance upon the information
contained in any one (1) of the above documents as
identification and proof of age is a defense to any criminal
prosecution under this section.
(b) Any person violating this section is guilty of a
misdemeanor punishable by a fine of not more than two hundred
fifty dollars ($250.00).
(c) As used in this section:
(i) "Consent" means that the parent or legal guardian
appears at the first time the minor uses the ultraviolet tanning
device and signs a written consent form in the presence of the
owner or an employee of the facility. The minor's parent or
legal guardian may withdraw this consent at any time. Unless so
withdrawn, this consent shall be valid for twelve (12) months
from the date the written consent form is signed. The parent or
legal guardian must repeat the written consent process annually
until the minor reaches the age of majority;
(ii) "Present" means being physically present at the
facility at which the tanning device is being used, but does not
require the presence in the tanning room or booth being used;
(iii) "Ultraviolet tanning device" means equipment
that emits electromagnetic radiation with wavelengths in the air
between two hundred (200) and four hundred (400) nanometers used
for tanning of the skin, including, but not limited to, a
sunlamp, tanning booth or tanning bed, but does not include
equipment that emits ultraviolet radiation used by a health care
professional in the treatment of disease or used pursuant to a
prescription.