§ 12-112. Penalties: Varied.

(a) Smoker: $500.

Any person who smokes in violation of this subtitle is subject to a civil fine of not more than $500 for each offense.

(b) Employer or person in charge: $750.

(1) Any employer or other person in charge who violates a provision of this subtitle or who knowingly allows a violation is subject to a civil fine of not more than $750 for each offense.

(2) It is an affirmative defense that the employer, other person in charge, or an agent of the employer or other person in charge:

(i) posted a "No Smoking" sign at each entrance used by the public; and

(ii) removed all ashtrays and other smoking paraphernalia from all areas where smoking is prohibited; and

(iii) in a bar or restaurant:

(A) refused to seat or serve any person who smoked where smoking is prohibited; and

(B) if the person continued to smoke after an initial warning, asked the person to leave the establishment.

(3) Each day that a violation continues is a separate offense.