Penalties

(1) A person who knowingly smokes in an area where smoking is prohibited by the provisions of the Act shall be subject to a civil penalty of fifty dollars ($50). (2) A person who owns, manages, operates or otherwise controls any public place where smoking is prohibited pursuant to the provisions of the Act and who knowingly fails to comply with any provision of the Act shall be subject to the following: (a) For a first violation in any twelve-month period, a written warning from the Department, as appropriate; (b) For a second violation in any twelve-month period, a civil penalty of one hundred dollars ($100); and (c) For a third or subsequent violation in any twelve-month period, a civil penalty of five hundred dollars ($500). (3) Each day on which a knowing violation of the Act occurs shall be considered a separate and distinct violation. (4) The Department may, in those instances when a reported violation cannot be substantiated, issue advisory letters to the public place wherein the violation was alleged to have occurred.