(1) It is unlawful for a person who owns, manages, operates, or otherwise controls the use of a premises subject to this part 2 to violate any provision of this part 2.
(2) It is unlawful for a person to smoke in an area where smoking is prohibited pursuant to this part 2.
(3) Except as otherwise provided in section 25-14-208.5, a person who violates this part 2 is guilty of a petty offense. Each day of a continuing violation shall be deemed a separate violation.
(4) All judges, clerks of a court of record, or other officers imposing or receiving fines collected pursuant to or as a result of a conviction of any persons for a violation of any provision of this part 2 shall transmit all such moneys so collected in the following manner:
(a) Seventy-five percent of any such fine for a violation occurring within the corporate limits of a city, town, or city and county shall be transmitted to the treasurer or chief financial officer of said city, town, or city and county, and the remaining twenty-five percent shall be transmitted to the state treasurer, who shall credit the same to the general fund.
(b) Seventy-five percent of any fine for a violation occurring outside the corporate limits of a city or town shall be transmitted to the treasurer of the county in which the city or town is located, and the remaining twenty-five percent shall be transmitted to the state treasurer, who shall credit the same to the general fund.
Source: L. 2006: Entire part added, p. 59, � 1, effective July 1. L. 2019: (3) amended, (HB 19-1076), ch. 337, p. 3097, � 7, effective July 1. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3239, � 473, effective March 1, 2022.
Cross references: For the penalty for a petty offense, see � 18-1.3-503.
25-14-208.5. Violations relating to signage and admission of persons under twenty-one years of age - limitation on fines. (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.
Source: L. 2019: Entire section added, (HB 19-1076), ch. 337, p. 3097, � 8, effective July 1. L. 2020: IP(2), (2)(a), and (2)(b) amended, (HB 20-1001), ch. 302, p. 1504, � 3, effective July 14.