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It is unlawful for any person to smoke in any area where smoking is prohibited or for any person who owns, manages, operates, or otherwise controls the use of premises subject to this chapter to fail to comply with the provisions of this chapter or to discharge, refuse to hire, or in any other manner retaliate or discriminate against any employee, applicant for employment, or customer because such employee, applicant for employment or customer insists upon compliance with a requirement of this chapter.

A. A person who smokes in an area where smoking is prohibited by the provisions of this chapter is subject to a fine of $250.00.

B. A person, owner, manager, employer, or operator who controls the use of premises subject to this chapter and violates any provision of this chapter is subject to a penalty in the amount of $200.00 for every violation of this chapter.

An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party. (Ord. 22-02-607 § 6; Ord. 20-01-554 § 13; Ord. 15-06-413 § 19; Ord. 08-08-186 § 4)