(A) In addition to any criminal liability, any person who is found by a court of competent jurisdiction to have violated any provision of this article, including Section 38-55-170, is subject to a civil penalty for each violation as follows:

1. (1) for a first offense, a fine not to exceed five thousand dollars;
2. (2) for a second offense, a fine of not less than five thousand dollars but not to exceed ten thousand dollars;
3. (3) for a third and subsequent offense, a fine of not less than ten thousand dollars but not to exceed fifteen thousand dollars.