(A) A person who smokes in a place of employment or a public place in violation of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a minimum fine of:
(1) For the first offense: $100 and costs;
(2) For the second offense: $200 and costs; and
(3) For the third and subsequent offenses: $500 and costs.
(B) A proprietor of a place of employment or public place upon whom a duty is placed by the provisions of this chapter who shall fail, neglect, or refuse to perform such duty, or who shall knowingly violate any of the provisions hereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a minimum fine of:
(1) For the first offense: $100 and costs;
(2) For the second offense: $200 and costs; and
(3) For the third and subsequent offenses: $500 and costs.
(C) Each day that a violation continues to exist shall constitute a separate and distinct offense and shall be punishable as such.
(D) Every act or omission of whatever nature constituting a violation of any of the provisions of this chapter by an officer, manager, supervisor, agent or employee of any proprietor, if said act or omission is made with the authorization, knowledge, or approval of the proprietor, shall be deemed and held to be the act or omission of such proprietor, and said proprietor shall be punishable in the same manner as if said act or omission had been committed by such proprietor personally.
(Prior Code, § 131.99) (Ord. 582, passed 5-6-2008)