City tanning salons break under-18 law BY NICOLE CARTER and TRACY CONNOR
tconnor@nydailynews.com DAILY NEWS STAFF WRITERS
Sunday, December 9th 2007, 4:00 AM
Roberts for News
Tabitha O'Brien Teenagers are being allowed to bake themselves in damaging tanning beds - more than a year after a law was passed to protect their tender skin, the Daily News has learned.
Even though it's illegal for salons to take customers under age 18 without their parents' permission, many of the city's ultraviolet meccas are ignoring the rules.
A 15-year-old volunteer who went in search of a winter tan discovered that getting one would be easier than finding a spot on the sand at Coney Island in July.
None of the six city salons visited raised objections about high school student Tabitha O'Brien's age, even though she wrote her birth date on their applications.
When The News contacted the salons' owners, half said they didn't know about the law - enacted with fanfare last year - that bars anyone under age 14 and requires parental consent for those under 18.
"I'm absolutely not familiar with it," said Michael Nunz, owner of Urban Tanz on Roebling St. in Williamsburg, Brooklyn. "I bet if you asked 50 tanning salons, 48 of them wouldn't know there was an age limit."
At Beach Bum on W. 14th St. in Manhattan - where Tabitha checked a box on an application stating she was "under 18" - a manager who gave his name as Dante said no laws were broken.
"I think it's a state law that they're
trying to pass," he said.
In fact, the law took effect 13 months ago, but because the state hasn't finalized regulations on tanning salons, no inspection process is in place.
"I'm extremely disappointed," said state Sen. Chuck Fuschillo (R-L.I.), who sponsored the law. "The bill was signed in August 2006 to take effect in November. Here we are over a year later."
The state Health Department has a downloadable consent form posted on its Web site, but Tabitha never saw one at a salon.
"Some folks are using our forms, [but] other folks haven't gotten the word," admitted Richard Svenson, director of the department's environmental-health protection division.
Dominick Caputo, owner of Blast Tanning in Williamsburg, said the law was news to him, but he claimed unaccompanied teens aren't allowed in his salon.
Still, he didn't dispute that Tabitha was welcomed by his staff, blaming a new employee.
"I fired her. She's gone already. She lasted two days," he said. "I really apologize for that."
Normally, he said, software he uses would have rejected Tabitha's paperwork because of her birth date. "But my computer is out," he said.
Solar Salon in Chelsea plans to revamp its software as a result of Tabitha's visit.
The salon said it requires parental permission for people under 18, but that isn't part of the high-tech computer check-in, which includes fingerprint screening.
"[We] will be implementing the online consent form in the near future, thanks to this wakeup call," said Lisa Mandelkorn.
Johnny Versace, owner of EZ Tanning on Fifth Ave. and 20th St. in Manhattan, insisted Tabitha would have been shown the door when her birth date was entered.
"The computer is hooked up to the tanning machine," he said. "If you're under 18, it won't start."
Ray-sing concern The $5 billion tanning industry has come under fire from the medical establishment, which believes frequent exposure to ultraviolet rays from sun lamps cause skin cancer.
Dermatologists say the government should keep minors away from tanning beds, just like it bars them from smoking and drinking.
But tanning advocates dispute the link between UV radiation and cancer and tout the health benefits of light, including Vitamin D.
Source Scandal of teen tanning
The Daily News asked 15-year-old Tabitha O'Brien to visit six tanning salons across the city to see if they would enforce a new state law barring anyone under 18 from getting an artificial tan without parental permission. None did, although Tabitha left each place without tanning. Here's what happened:
Blast Tanning, 721 Metropolitan Ave., Brooklyn: The clerk did not ask for age or ID and took Tabitha to the back, offering her standup or lie-down tanning and showing her how the bed worked.
Urban Tanz, 133 Roebling St., Brooklyn: Tabitha filled out a new-client form with her date of birth. The employee reviewed the form, took her for a tour and recommended certain intensities for her skin tone.
Beach Bum, 25 W. 14th St., Manhattan: Tabitha checked a box stating she was "under 18" on the client form, and the worker typed the info into the computer. She was then given prices for various services.
EZ Tanning, 133 Fifth Ave., Manhattan: Tabitha listed her date of birth on the application, which included a warning that tanning may be dangerous. She was given a tour and offered the chance to tan.
Solar Salon, 55 W. 21st St., Manhattan: After entering Tabitha's birth date on a touch-screen application, a worker asked the teen for ID. When Tabitha said she didn't have any, he told her she only needed it to get a free introductory tan; without one, she could tan for $7.
Hollywood Tans, 750 Sixth Ave., Manhattan: Once again, Tabitha wrote her birth date on a client form. After reviewing it, the worker showed her how to use eye covers in the tanning bed.