1. (1) It is unlawful for a person to smoke in any area where smoking is prohibited under 20-1-220 or 50-40-104. A person who violates 20-1-220 or 50-40-104 is guilty of a misdemeanor and shall be subject to a fine of not less than $25 or more than $100.

2. (2) A person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of Title 50, chapter 40, is guilty of a misdemeanor after a third violation within a 3-year period and shall be warned, reprimanded, or punished as follows:

   1. (a) a warning for the first violation;
   2. (b) a written reprimand for a second violation; and

   3. (c) within any 3-year period, a fine of:

      1. (i) $100 for a third violation;
      2. (ii) $200 for a fourth violation; and
      3. (iii) $500 for a fifth or subsequent violation.
3. (3) Penalties imposed under this section may not be considered by the department of revenue for the purposes of 16-4-401 or by the department of justice for the purposes of 23-5-119, 23-5-177, or 23-5-611(1)(a) or (1)(c).

History: En. Sec. 8, Ch. 268, L. 2005.