§ 19-133. Enforcement and penalties.

(a)

The owner or person in control of an eating or drinking establishment where smoking is prohibited by this Division must refuse to serve or seat any person who smokes where smoking is prohibited and must ask the person to leave the establishment if the person continues to smoke after an initial warning.

(b)

Any person found guilty of refusing to comply with a request to cease smoking shall be guilty of a misdemeanor which shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00).

(c)

An owner or person in charge of an eating or drinking establishment found guilty of the following specific violations shall be guilty of a misdemeanor and shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) and costs:

(1)

Failure to post appropriate signs as provided in this Division.

(2)

Failure to comply with Subsection (a) of this Section.

(CB-68-2005)