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Ch. 502 2007 Laws of Maryland
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(1) FOR A FIRST VIOLATION, SHALL BE ISSUED A WRITTEN
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REPRIMAND BY THE SECRETARY OR THE SECRETARY'S DESIGNEE;
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(2) FOR A SECOND VIOLATION, IS SUBJECT TO A CIVIL PENALTY
OF $100; AND
(3) FOR EACH SUBSEQUENT VIOLATION, IS SUBJECT TO A CIVIL
PENALTY NOT LESS THAN $250.
(B) THE SECRETARY MAY WAIVE A PENALTY ESTABLISHED UNDER
SUBSECTION (A) OF THIS SECTION, GIVING CONSIDERATION TO FACTORS THAT
INCLUDE:
(1) THE SERIOUSNESS OF THE VIOLATION; AND
(2) ANY DEMONSTRATED GOOD FAITH MEASURES TO COMPLY
WITH THE PROVISIONS OF THIS SUBTITLE.
(C) (1) THIS SUBSECTION DOES NOT APPLY TO AN ALLEGED
VIOLATION OF SUBSECTION (D) OF THIS SECTION.
(2) IT IS AN AFFIRMATIVE DEFENSE TO A COMPLAINT BROUGHT
AGAINST A PERSON FOR A VIOLATION OF A PROVISION OF THIS SUBTITLE OR A
REGULATION ADOPTED UNDER THIS SUBTITLE THAT THE PERSON OR AN
EMPLOYEE OF THE PERSON:
(I) POSTED A "NO SMOKING" SIGN AS REQUIRED UNDER §
24-506 OF THIS SUBTITLE;
(II) REMOVED ALL ASHTRAYS AND OTHER SMOKING
PARAPHERNALIA FROM ALL AREAS WHERE SMOKING IS PROHIBITED; AND
(III) IF THE VIOLATION OCCURRED IN A BAR, TAVERN, OR
RESTAURANT:
1. REFUSED TO SEAT OR SERVE ANY INDIVIDUAL
WHO WAS SMOKING IN A PROHIBITED AREA; AND
2. IF THE INDIVIDUAL CONTINUED TO SMOKE AFTER
AN INITIAL WARNING, ASKED THE INDIVIDUAL TO LEAVE THE ESTABLISHMENT.
(B) (D) AN EMPLOYER WHO DISCHARGES OR DISCRIMINATES
AGAINST AN EMPLOYEE BECAUSE THAT EMPLOYEE HAS MADE A COMPLAINT,
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- 3314 -
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