Grounds for Denial, Revocation or Refusal to Renew a License

(A) The Board may deny, revoke or refuse to renew a license sought or issued pursuant to 105 CMR 123.000 for any one of the following reasons: (1) The licensee has permitted a customer younger than 18 years old to use a tanning device at the tanning facility; (2) The licensee has permitted a person younger than 18 years old to operate a tanning device; (3) The applicant or licensee has failed to submit the information required under 105 CMR 123.005 which demonstrates that the facility will be operated and maintained in accordance with the requirements of 105 CMR 123.000; (4) The applicant or licensee has submitted incorrect, false or misleading information in the documents required under 105 CMR 123.005; (5) The applicant or licensee has failed to operate or maintain the tanning facility in accordance with the specifications approved by the Board except as such maintenance may involve the replacement of lamps by "equivalent" lamps which have been defined in 105 CMR 123.008; (6) The tanning facility is operated in a way that causes or creates a nuisance or hazard to the public health or safety; (7) The applicant or licensee has violated any condition upon which the license was issued by the Board; (8) The applicant or licensee has failed to allow duly authorized agents of the Board or Department to conduct inspections of the facility at reasonable hours and in a reasonable manner; (9) The applicant or licensee has failed to pay license fees; (10) The tanning facility has been found to be in violation of M.G.L. c. 111, §§ 207 through 214 or 105 CMR 123.000, or any additional requirements adopted by the Board and has not complied within seven days of written notice of said violations by the Board. (11) The applicant or licensee has failed to pay fines or penalties imposed for violations of M.G.L. c. 111, §§ 207 through 214 or 105 CMR 123.000 or local rules, regulations, or orders respecting tanning facilities. (B) The Board shall notify an applicant or licensee in writing of any violation of 105 CMR 123.000 for which the Board intends to deny, revoke or refuse to renew a license. The applicant or licensee shall have seven days after receipt of such written notice in which to comply with 105 CMR 123.000. The Board may deny, revoke or refuse to renew a license of a tanning facility which fails to comply after said seven days.