(a) A person who knowingly smokes in an area where smoking is prohibited by this part shall be subject only to a civil penalty of fifty dollars ($50.00).
(b) A person who owns, manages, operates or otherwise controls any public place where smoking is prohibited pursuant to this part and who knowingly fails to comply with any provision of this part shall be subject to the following:
(1) For a first violation in any twelve-month period, a written warning from the department of health or department of labor and workforce development, as appropriate;
(2) For a second violation in any twelve-month period, a civil penalty of one hundred dollars ($100); and
(3) For a third or subsequent violation in any twelve-month period, a civil penalty of five hundred dollars ($500).
(c) Each day on which a knowing violation of this part occurs shall be considered a separate and distinct violation.
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