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(A) Responsibility.
(1) Each owner, operator, manager, supervisor, or employee of any destination resort casino within the boundaries of the city shall perform their respective duties in a manner that confines the smoking activities of themselves and patrons of the destination resort casino to those designated areas where smoking is permitted.
(2) Each owner, operator, manager, supervisor or employee of any destination resort casino within the boundaries of the city shall inform any person observed to be violating this subchapter of the requirements of this subchapter.
(3) No owner, operator, manager, supervisor or employee of any destination resort casino within the boundaries of the city may allow any person to smoke in any location other than a designated area where smoking is permitted.
(B) Investigation.
(1) Any patron of any destination resort casino within the boundaries of the city who wishes to report violations of this subchapter may do so by contacting the city’s Police Department; provided, that the city’s Police Department shall commence an investigation within 24 hours subsequent to receiving a complaint alleging a violation of this subchapter.
(2) The city’s Police Department shall have the right to inspect any destination resort casino within the boundaries of the city to assure compliance with this subchapter.
(C) Citation.
(1) The city’s Police Department shall issue a citation to any owner, operator, manager, supervisor or employee of any destination resort casino within the boundaries of the city that as a result of an investigation is determined to have authorized or permitted smoking in any area other than an area designated for that purpose.
(2) The city’s Police Department shall issue a citation to any owner, operator, manager, supervisor or employee of any destination resort casino within the boundaries of the city that, as a result of an inspection or investigation, is observed or found to have allowed or permitted smoking in any area other than an area designated for that purpose.
(3) With respect to the designated gaming areas and simulcast viewing areas that allow smoking pursuant to the terms of this subchapter, the city’s Police Department shall possess the sole and exclusive power to enforce this subchapter and any other smoking regulations applicable to such designated gaming areas and simulcast viewing areas.
(D) No conflict intended. Nothing within this subchapter shall be interpreted or is intended to conflict with the right of the state’s Lottery Commission to enforce any regulations promulgated by the Commission or statutes enacted by the State Legislature relating to public health or safety.
(E) Penalty.
(1) On and after September 1, 2009, any owner, operator, manager, supervisor or employee of any destination resort casino within the boundaries of the city who violates any of the provisions of §§ 112.15 to 112.19 who allows or permits any other person to violate any of the provisions of §§ 112.15 to 112.19 shall be guilty of a misdemeanor, shall be subject to immediate prosecution in the city’s Municipal Court and shall be subject to the fine imposed by division (B)(2) below.
(2) Any person found guilty of the misdemeanor stated in division (B)(1) above shall be subject to a fine $100 plus court costs for each violation.
(Ord. 09-09, passed 8-18-2009)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) Whoever violates § 131.02(A) shall be fined a sum not to exceed state law or imprisoned for a term not to exceed state law, or both.
(Prior Code, § 529.99)
(C) Whoever violates § 134.19(B) shall be fined a sum not to exceed state law or imprisoned for a term not to exceed state law, or both.
(Prior Code, § 533.99)
(D) A person convicted of shoplifting (in violation of § 134.15(B)) shall be punished as follows.
(1) First offense conviction. Upon a first shoplifting conviction:
(a) When the value of the merchandise is less than or equal to $500, the defendant shall be fined a sum not to exceed state law; and
(b) When the value of the merchandise exceeds $500, the defendant shall be fined a sum not to exceed state law and such fine shall not be suspended; or the defendant shall be confined in jail for a term not to exceed state law, or both.
(2) Second offense conviction. Upon a second shoplifting conviction:
(a) When the value of the merchandise is less than or equal to $500, the defendant shall be fined a sum not to exceed state law and such fine shall not be suspended; or the defendant shall be confined in jail for a term not to exceed state law, or both;
(b) When the value of the merchandise exceeds $500, the defendant shall be fined a sum not to exceed state law and shall be confined in jail for a term not to exceed state law; and
(c) In addition to the fines and imprisonment imposed by this section, in all cases of conviction for the offense of shoplifting, the court shall order the defendant to pay a penalty to the mercantile establishment involved in the amount not to exceed state law, or double the value of the merchandise involved, whichever is higher. The mercantile establishment shall be entitled to collect such mandatory penalty as in the case of a civil judgment. This penalty shall be in addition to the mercantile establishment’s rights to recover the stolen merchandise.
(3) Prior convictions. In determining the number of prior shoplifting convictions for purposes of imposing punishment under this division (D), the court shall disregard all such convictions occurring more than seven years prior to the shoplifting offense in question.
(W. Va. Code 61-3A-3) (Prior Code, § 533.01)