(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).