136D.8 - INSPECTIONS -- VIOLATIONS -- PROHIBITED ACTS -- INJUNCTIONS.

        136D.8  INSPECTIONS -- VIOLATIONS -- PROHIBITED ACTS
      -- INJUNCTIONS.
         1.  The director or an authorized agent shall have access at all
      reasonable times to any tanning facility to inspect the facility to
      determine if this chapter is being violated.
         2.  A person who operates or uses a tanning device or tanning
      facility in violation of this chapter or of any rule adopted pursuant
      to this chapter is guilty of a simple misdemeanor.
         3.  A tanning facility shall not claim, or distribute promotional
      materials that claim, that using a tanning device is safe or free
      from risk.
         4. a.  If the director finds that a person has violated, or is
      violating or threatening to violate this chapter and that the
      violation creates an immediate threat to the health and safety of the
      public, the director may petition the district court for a temporary
      restraining order to restrain the violation or threat of violation.
         b.  If a person has violated, or is violating or threatening
      to violate this chapter, the director may petition the district court
      for an injunction to prohibit the person from continuing the
      violation or threat of violation.
         c.  On application for injunctive relief and a finding that a
      person is violating or threatening to violate this chapter, the
      district court shall grant any injunctive relief warranted by the
      facts.  
         Section History: Recent Form
         90 Acts, ch 1220, §7