50-40-115 . Penalties. (1) It is unlawful for a person to smoke in any area where smoking is prohibited under 20-1-220 or 50-40-104 . A person who violates 20-1-220 or 50-40-104 is guilty of a misdemeanor and shall be subject to a fine of not less than $25 or more than $100. (2) A person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of Title 50, chapter 40, is guilty of a misdemeanor after a third violation within a 3-year period and shall be warned, reprimanded, or punished as follows: (a) a warning for the first violation; (b) a written reprimand for a second violation; and (c) within any 3-year period, a fine of: (i) $100 for a third violation; (ii) $200 for a fourth violation; and (iii) $500 for a fifth or subsequent violation. (3) Penalties imposed under this section may not be considered by the department of revenue for the purposes of 16-4-401 or by the department of justice for the purposes of 23-5-119 , 23-5-177 , or 23-5-611 (1)(a) or (1)(c).
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