A. Any person who smokes in an area placarded with a "No Smoking" sign is guilty of a Class 3 misdemeanor.
B. Any person who owns, manages, operates, or otherwise controls a restaurant who commits any of the following is guilty of a Class 3 misdemeanor:
1. Failing to placard property with "No Smoking" signs as required by Section 8.50.040;
2. Failing to placard a designated smoking area with warning signs as required by Section 8.50.031(B)(5);
3. Failing to comply with the terms of an order granting a hardship phase-in to create a designated smoking area or hardship smoking exception.
4. Allowing a person to smoke in a restaurant area other than the designated smoking area;
5. Allowing smoke from a designated smoking area to diffuse or drift into the smoke-free areas of the restaurant.
C. Each day of a violation described in paragraphs A or B of this section shall constitute a separate offense and is punishable as such.
D. For violations described in paragraphs B and C of this section, no judge, magistrate, or justice of the peace may suspend the imposition of a minimum fine of at least one-hundred dollars ($100). Fines may be assessed in excess of one-hundred dollars ($100) to the maximum prescribed for a Class 3 misdemeanor.
(Ord. 2001-137 § 3 (part), 2001; Ord. 1992-9 § 2 (part), 1992)