65-1929. Tanning facility license required; remedies. (a) If the board determines that an individual or entity has operated a tanning facility without a valid license, in addition to any other penalties imposed by law, the board, in accordance with the Kansas administrative procedure act, may issue a cease and desist order against such individual or entity or may assess such individual or entity a fine of not to exceed $1,500 or may issue such order and assess such fine. In determining the amount of fine to be assessed, the board may consider the following factors: (1) Willfulness of the violation, (2) repetitions of the violation, and (3) risk of harm to the public caused by the violation.
(b) The board may bring an action in its own name in a court of competent jurisdiction to enjoin any person from operating a tanning facility without a currently valid license. In any civil action brought under this section, it shall be presumed that irreparable damage will occur where the board alleges and proves a person committed a violation of such licensing laws. In addition to issuing an order for injunctive relief, the court may also assess a fine of not to exceed $1,500 against such person.
History: L. 2002, ch. 187, ยง 14; July 1.
Structure Kansas Statutes
Article 19 - Licensure Of Entities By State Board Of Cosmetology
65-1904b Licensure, reciprocity, conditions.
65-1905 Examinations; qualifications of applicants; temporary permit.
65-1906 Display of license, inspection report and sanitation standards.
65-1907 Inspectors, duties and training; student requirements; dual-licensed salon and barber shops.
65-1909 Violations; civil and criminal remedies.
65-1920 Tanning facility licensing; definitions.
65-1922 Same; warning signs; posting; dimensions.
65-1923 Same; promotional material.
65-1925 Rules and regulations; inspections; violations; remedies.
65-1926 Licensure requirement; grounds for disciplinary action; fees.
65-1927 Penalties for violations.
65-1929 Tanning facility license required; remedies.
65-1931 Minors prohibited from tanning; fines.
65-1940 Licensure of tattooing and body piercing; definitions.
65-1942 Same; prohibited acts; penalty.
65-1943 Same; application for licensure; fees; requirements for licensure.
65-1945 Same; expiration; renewal; continuing education.
65-1946 Same; standards for licensure.
65-1948 Same; powers and duties of board.
65-1950 Same; licensure; fees.
65-1954 Same; penalties; civil fines; costs and attorney fees; disposition of proceeds.