Hot Bodies Tanning Salon is pictured on East Second Street in Jamestown. Owner Tina Lindquist was served a cease and desist letter from the city after opening twice last week, in violation of NY on PAUSE orders. P-J photo by Eric Tichy

The owner of a Jamestown tanning salon who received a cease and desist letter from the city after twice opening last week is expressing frustration with the state’s NY Forward guidelines she believes are unclear and hurting small businesses.

Tina Lindquist was required to close Hot Bodies Family Tanning Centers after city officials received a complaint that the East Second Street business was open. Lindquist said she was under the impression tanning salons were included in the list of nonessential businesses allowed to reopen as part of Phase Two during the COVID-19 pandemic.

The Western New York region, which includes Chautauqua County, entered Phase Two on June 2 and includes retail businesses, offices, barbershops and salons. What wasn’t made clear, at least in Lindquist’s view, was whether tanning salons fit under the second of four phases outlined by Gov. Andrew Cuomo’s NY Forward initiative.

Assuming she had the green light, Lindquist reopened Hot Bodies on June 2. She said customers were told to wait in their vehicles until a tanning bed was available.

However, by midday Lindquist was advised by Crystal Surdyk, city development director, and Jamestown Mayor Eddie Sundquist during a series of phone calls that tanning salons were not included in Phase Two, and thus she was in violation of the governor’s NY on PAUSE order which first closed nonessential business in March to limit the spread of the coronavirus.

“So I closed on Wednesday (June 3) so I could try to figure this out,” said Lindquist, noting that she was receiving conflicting reports after seeing news elsewhere that tanning salons had indeed reopened in Phase Two. She said she contacted state Sen. George Borrello, R-Sunset Bay, who said he too had seen news reports of other tanning salons operating.

Lindquist reopened her tanning salon June 4, at which time she received her cease and desist.

The letter stated that if she failed to comply with the governor’s executive order, she could face a fine up to $10,000.

Complicating the matters, Lindquist said, is that other tanning salons in the county have reopened without similar recourse. One such location, in West Ellicott, appeared to be open Tuesday, and a person who answered the phone confirmed the tanning salon was open for business.

“I can’t afford to fight this,” she said. “I’m just a little guy and I don’t have a lawyer. I see that all these other places are open. … I don’t think it’s fair for my customers and my employees. I think I’m missing out, and at this point I don’t know what to do.”

Borrello has since received confirmation that tanning salons must remain closed, at least for the time being.

The state released its Phase Three guidelines Tuesday, and included are restaurants and personal care businesses — among them tanning salons.

The region is expected to enter Phase Three early next week.

“The guidance has been vague,” Borrello said. “However, we did get clarification from the governor’s office that (tanning salons) cannot open. There were media reports initially that tanning salons were allowed in Phase Two. But that is not what we were told by the governor’s office.”

The mayor said city officials are checking directly with the governor’s office and Empire State Development when asked by a business owner trying to determine when they are permitted to reopen. He said in regards to Hot Bodies, he informed Lindquist several weeks ago she would not be part of Phase Two.

“We personally understand how difficult this is for businesses at this time,” Sundquist said, noting that some guidelines are being made clear for businesses at the last second, further adding to some of the confusion. “We are trying to do the best we can. We are simply getting our information from the state. … We have been asked to enforce the governor’s NY on PAUSE orders.”

Sundquist said funding will soon be available to small businesses from the U.S. Department of Housing and Urban Development.

He said his office is asking businesses — especially those hit hard by COVID-19 — to be ready to apply.