| (a) A person shall not operate a tanning facility without a current and valid license to operate the facility that is issued by the department. A separate license is required for each tanning facility. (b) The license shall be displayed in an open public area of the tanning facility. (c) Each person acquiring or establishing a tanning facility after the effective date of this subchapter shall apply to the department for a license for such facility prior to beginning operation. (d) Unless the license is amended as provided in subsection (g) of this section or is revoked or suspended as provided in §229.347 of this title (relating to Revocation, Cancellation, Suspension and Probation of a License), the license is valid for two years as determined by the department. (e) Licenses shall not be transferable from one person to another or from one tanning facility to another. (f) A license issued under this subchapter shall be returned to the department if the tanning facility: (1) ceases business or otherwise ceases operation on a permanent basis; (2) relocates; (3) changes the name of the business under which the tanning facility operates; or (4) changes ownership. (g) A license that is amended, including a change in location, name, or ownership of a tanning facility, will require submission of a license application and fee as outlined in subsection (j) of this section and §229.346(a) of this title (relating to Licensing Fees). (h) In the event a current and valid license is lost, stolen or destroyed, the licensee shall request a replacement license from the department by submitting an application and non-refundable fee as outlined in subsection (j) of this section and §229.346(a) of this title. A replacement license shall only be issued if the lost, stolen or destroyed license was current and valid at the time of the request, and no changes in business name, location or ownership have occurred. (i) License application forms may be obtained from the department, 1100 West 49th Street, Austin, Texas, 78756 or online at http://www.dshs.state.tx.us/license.shtm. (j) The application required in subsections (c), (g), (h), (k), and (l) of this section shall be completed on forms provided by the department and shall contain all the information required by such forms and any accompanying instructions. (k) Each tanning facility shall provide the following information upon initial application for a license: (1) the name of the legal entity to be licensed, including the name under which the business is conducted, physical address, mailing address, and telephone number of the tanning facility; (2) if a proprietorship, the name of the proprietor; if a partnership, the names of all partners; if a corporation, the names of the corporate officers and/or directors, the corporation charter number, and the name and address of its registered agent in the state; or if any other type of association, the names of the principals of such association; (3) the name(s), mailing address(es), telephone number(s), and valid driver's license number(s) of: (A) the proprietor in the case of a sole proprietorship; (B) the managing partner in the case of a partnership; (C) the officers and/or directors in the case of a corporation; (D) the principals in the case of an association; (E) the operator in charge of the tanning facility; (4) hours of operation of each tanning facility; and (5) signature of the owner verifying all information on the initial application form. (l) The renewal application for licensure as a tanning facility shall be made on a form furnished by the department and can be obtained as referenced in subsection (i) of this section. (m) Failure to complete the application form may result in the denial of a license. (n) The department will not issue a license under this subchapter with respect to a facility that: (1) is operated under a license or permit as a sexually oriented business issued in accordance with Government Code, §243.007; (2) offers, as its primary business, a service or the sale, rental, or exhibition of a device or other item that is intended to provide sexual stimulation or sexual gratification to a customer; or (3) is owned or operated by a person who has been convicted of an offense under Penal Code, Chapter 21 or 43; or Penal Code, §71.02(a)(3). (o) A current license or renewal license shall only be issued when all past due fees and delinquency fees are paid. |
| Source Note: The provisions of this §229.345 adopted to be effective February 28, 1994, 19 TexReg 926; amended to be effective June 26, 1996, 21 TexReg 5438; amended to be effective August 2, 2001, 26 TexReg 5659; amended to be effective January 1, 2005, 29 TexReg 11981; amended to be effective December 27, 2010, 35 TexReg 11702 |
