(a) Any owner of a tanning facility who violates the requirements of this article is guilty of a misdemeanor and, upon conviction thereof, for a first offense, shall be fined $100.

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Terms Used In West Virginia Code 16-45-5

  • Conviction: A judgement of guilt against a criminal defendant.
  • Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
  • Tanning facility: means any commercial location, place, area, structure or business where a tanning device is used for a fee, membership dues or other compensation. See West Virginia Code 16-45-1

(b) For a second offense, the owner is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $250 nor more than $500.

(c) For a third offense or subsequent offense, the owner is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000.