(a)
(1) A person who smokes in an area where smoking is prohibited under section 1483 and where a no-smoking sign has been posted in conformity with this chapter commits an infraction that is a civil offense punishable by a fine in an amount not less than $100 and not more than $250 for each violation.
(2) A proprietor of a public place or place of employment who violates section 1486 or 1487 commits an infraction that is a civil offense punishable by a fine in an amount:
(A) not less than $250 nor more than $400 for the first violation;
(B) not less than $500 nor more than $1000 for the second violation within one year after the first violation;
(C) not less than $2,500 nor more than $5000 for each subsequent violation within one year after the second violation; and
(D) In addition to the fines established under this section, violations by a proprietor of any public place or place of employment may result in the suspension or revocation of any permit or license issued for the premises on which the violation occurred for violations amounting to an intentional or reckless disregard for the provisions of this chapter.
(3) A proprietor may be issued a warning for a first offense.
(b) Any violation resulting from an intentional or reckless disregard for the provisions of this chapter is punishable by the maximum amount of fines prescribed in subsection (a), paragraph 2, subparagraph (C).
(c) All fines collected under this chapter must be remitted to the Commissioner of Finance and covered into the Health Revolving Fund of the Virgin Islands to be used for training and education programs.
(d) All civil penalties permitted under this chapter may be assessed by the appropriate court; however, if the Commissioner promulgates regulations establishing a procedure for the administrative assessment of civil penalties, the Commissioner may proceed by means of either court assessment or by administrative procedure.