50-40-115. Penalties.
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/mt/title-50/chapter-40/part-1/50-40-115·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
50-40-115 . Penalties.
(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)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:
(a)a warning for the first violation;
(b)a written reprimand for a second violation; and
(c)within any 3-year period, a fine of:
(i)$100 for a third violation;
(ii)$200 for a fourth violation; and
(iii)$500 for a fifth or subsequent violation.
(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).