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entering the store, clearly visible to persons in checkout lines, and <br />clearly visible to persons at meat and produce counters. <br /> <br />Sec. 8.56.050. Responsibilities of proprietors. <br /> <br />No owner, lessee, principal manager, or person in charge of a public place, <br />common area, or outdoor eating area shall, with respect to such place or area, fail <br />to: <br /> <br />A. Post appropriate signs, as required by section 8.56.040; <br /> <br />B. Ask persons to refrain from smoking in any no-smoking area; <br /> <br />Report to the city police department any situation where a person <br />has refused to comply with a request made under the preceding <br />subsection B to refrain from smoking in a non-smoking area. <br /> <br />Failure to follow the provisions of this section constitutes a violation of this <br />chapter and can result in criminal prosecution according to the provision of <br />section 8.56.060. <br /> <br />Sec. 8.56.060. Enforcement. <br /> <br /> A. The city manager or the city manager's designee shall be <br />responsible for ensuring compliance with this chapter with regard to facilities <br />which are owned, operated, or leased by the city. <br /> <br /> B. Any person convicted of violating any provision of this chapter <br />shall, upon conviction, be punished by a fine of not more than three hundred <br />dollars ($300.00), for each separate offense, and may be enjoined from any <br />further or continued violation thereof. In determining the sentence to be imposed, <br />the judge shall consider the frequency and duration of the violation, the size of the <br />establishment, whether it was knowing or not, and other relevant factors. <br />Imprisonment shall not be imposed as a penalty for any violation of this chapter. <br />Each day any violation of this chapter shall continue shall constitute a separate <br />offense. <br /> <br />Section 2. This ordinance shall take effect October 8, 2002. <br /> <br /> Section 3. If any portion of this ordinance is held to be invalid for any reason, such <br />decisions shall not affect the validity of the remaining portions of this ordinance. The City <br />Council hereby declares that it would have passed this ordinance and each part hereof <br />irrespective of the fact that any one part be declared invalid. <br /> <br /> Section 4. The repeal or modification of any provision of the Municipal Code of the <br />City of Louisville by this ordinance shall not release, extinguish, alter, modify, or change in whole <br /> <br /> <br />