(1) For a violation of section 25-14-204 (2) or (3), the penalty shall be as follows: (a) A written warning for a first violation committed within a twenty-four-month period; and (b) Fines as specified in section 25-14-208 (3) for a second or subsequent violation within a twenty-four-month period. (2) Notwithstanding subsection (1) of this section, a fine for a violation of section 25-14- 204 (2) or (3) shall not be imposed upon a retailer that can establish as an affirmative defense that, prior to the date of the violation, the retailer: (a) Had adopted and enforced a written policy against allowing persons under twenty- one years of age to enter the premises; (b) Had informed the retailer's employees of the applicable laws regarding the prohibition against persons under twenty-one years of age entering or remaining in areas where smoking is permitted; (c) Required employees to verify the age of persons on the premises by way of photographic identification; and (d) Had established and imposed disciplinary sanctions for noncompliance. (3) The affirmative defense established in subsection (2) of this section may be used only twice at each location within any twenty-four-month period.
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