§ 120.99 PENALTY.
   (A)   Any person violating § 120.08 shall be fined $50 and confiscation of the tobacco product.
   (B)   Any person violating § 120.09 shall be fined $25 and confiscation of the tobacco product.
   (C)   Any person, firm, partnership, corporation or other entity violating any provision of this chapter for which another penalty is not already provided shall be fined not less than $50 nor more than $750.
   (D)   Each violation and each day on which a violation occurs shall be a separate and distinct offense.
   (E)   (1)   A person who smokes in an area where smoking is prohibited by § 120.17 shall be guilty of an infraction, punishable by a fine not more than $100 for the first violation, $150 for the second violation and $200 for each subsequent violation.
      (2)   A person who owns, manages, operates or otherwise controls a public place and who fails to comply with the provisions of § 120.17 shall be guilty of an infraction, punishable by:
         (a)   A fine not exceeding $100 for the first violation.
         (b)   A fine not more than $500 for the second violation within one year of the first violation.
         (c)   A fine not more than $2,500 for each additional violation within one year and a 60-day suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.
      (3)   Each day on which a violation of § 120.17 occurs shall be considered a separate and distinct violation.
(Ord. 96-0-057, passed 11-5-96; Am. Ord. 2006-O-061, passed 10-17-06; Am. Ord. 2007-O-005, passed 1-19-07; Am. Ord. 2007-O-010, passed 2-20-07; Am. Ord. 2007-O-012, passed 3-13-07; Am. Ord. 2007-O-027, passed 4-17-07)