It was a small turnout for a public input session for a proposed Bismarck ordinance which will have a big impact on the city's tanning industry.

Only two of Bismarck's 20-plus professional tanning businesses were represented at the meeting held Friday morning by the Bismarck Fire and Inspections Department.

Environmental Health Administrator Mel Fischer explained the ordinance and took comments from Jeri Heiser, owner-operator of Tanning Express and New Image Tanning's Greg Weimer.

The proposed city ordinance closely replicates what state lawmakers established during the last session. The North Dakota Health Department will be holding a hearing Wednesday on its proposed regulations for tanning businesses.

The Bismarck tanning ordinance is based on minimum standards and the intent is not to be more restrictive than the state, according to Fischer.

One of the major impacts is the requirement to have an operator on-site during all tanning sessions. This will likely put to an end operations that offer any-time tanning by providing customers with unsupervised 24-hour access to facilities.

Heiser feels that many of the tanning operations in Bismarck are unaware of the city's ordinance. Fischer noted that notice had been sent to all the operations that his department was able to identify along with a draft of the ordinance.

The new ordinance requires permitting and inspection of tanning businesses. Up until now the city's tanning facilities were unregulated, but state legislation is now changing that. The meeting, according to Fischer, was meant to address business concerns along with creating a network and dialogue between the city and tanning businesses.

Inspections will be held once a year, unless there are complaints at which point there will be follow up inspections. Permits will cost $100 a year for facilities with one to 10 beds and $125 for businesses with 11 and more beds.

Weimer is concerned about the section of the city ordinance which restricts what operators can advertise and say to customers about the benefits of tanning. He pointed out studies have proven there are benefits for certain skin conditions and for arthritis.

"Tanning puts vitamin D in the skin and that is a health benefit," Weimer said. "We're not licensed by the American Medical Association; it's not constitutional to restrict our freedom of speech; and this portion isn't in the state law."

After comparing the state and city laws, Fischer agreed the restriction on advertising wasn't in the city ordinance, but did note that it is in the proposed state Health Department regulations and that's why it was put in Bismarck's proposed ordinance.

Heiser added that people only hear the bad things associated with tanning and not the benefits it provides. She has been tanning for 20 years and says it's a matter or common sense and moderation.

"We're not going to bring this back to the Bismarck City Commission until the state health department holds its hearing and we get some feedback from them," Fischer said. "But we don't want to approve an ordinance and then have to come back later to change it in accordance with the health department's regulations."

The ordinance requires that operators clean tanning beds after each use and sets standards for sanitizing and cleanliness of the facilities. It also requires anyone under age 18 to have a parent's permission to use the facilities and anyone under age 14 to have a doctor's permission each time they use a tanning bed. The ordinance sets standards for equipment to be used and when bulbs are changed.

Fischer noted this will put additional workload on the three-person inspections department. The department conducts inspections for lodging, food servers, swimming pools, tattoo and body art businesses, vector control, weeds, septic tanks and nuisance complaints.

(Reach reporter Gordon Weixel at 701-250-8255 or gordon.weixel@bismarcktribune.com.)