§ 130A-497. Implementation and enforcement. - North Carolina Statutes

§ 130A‑497. Implementation and enforcement.

(a)        A person whomanages, operates, or controls a restaurant or bar in which smoking isprohibited shall:

(1)        Conspicuously postsigns clearly stating that smoking is prohibited. The signs may include theinternational "No Smoking" symbol, which consists of a pictorialrepresentation of a burning cigarette enclosed in a red circle with a red baracross it.

(2)        Remove all indoorashtrays and other smoking receptacles.

(3)        Direct a person whois smoking to extinguish the lighted tobacco product.

(b)        Continuing to smokein a nonsmoking area described in this Part following oral or written notice bythe person in charge of the area or the person's designee constitutes aninfraction, and the person committing the infraction may be punished by a fineof not more than fifty dollars ($50.00).

(c)        Conviction of aninfraction under this section has no consequence other than payment of apenalty. A person found responsible for a violation of this section may not beassessed court costs.

(d)        NotwithstandingG.S. 130A‑25, a violation of this Part shall not be punishable as amisdemeanor.

(e)        Administrativepenalties imposed under G.S. 130A‑22(h1) against a person who manages,operates, or controls a restaurant or bar and fails to comply with theprovisions of this Article and the rules adopted by the Commission to implementthe provisions of this Article shall only be enforced by a local healthdirector.

(f)         The Commissionshall adopt rules to implement the provisions of this Article.  (2009‑27, s. 1.)