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G. An employer commits an offense if he violates any provision of the <br />section. <br />H. Customer smoking areas in establishments regulated elsewhere in this <br />article are exempt from the provisions of this section. <br />Sec. 17 -71. Structural Modifications Not Required <br />Except as provided in Subsections 10.02(D)(4) and 10.03, nothing in this <br />article shall require the owner, operator, manager or other person in control of <br />any building, facility, room, establishment or structure to incur any expense to <br />make structural or other physical modifications to comply with the terms and <br />conditions of this article. The posting of signs or the equipping of any area with <br />facilities for the extinguishment of smoking materials shall not be construed to be <br />structural or other physical modifications. <br />Sec. 17 -72. Exemptions <br />A. Any owner or manager of a business, facility, room, structure or other <br />establishment subject to Sections 10.02, 10.04, and 10.05 may apply to <br />the Environmental Health Official for an exemption to or modification of <br />any provision of this article due to unusual circumstances or conditions. <br />Such exemption shall be granted only if the Environmental Health Official <br />finds from the evidence presented by the applicant for exemption either <br />that: <br />1. The applicant cannot comply with the provisions of this article for <br />which an exemption is requested without incurring expenses for <br />structural or other physical modifications, other than posting signs, <br />to buildings and structure; or <br />2. Due to such unusual circumstances, the failure to comply with the <br />provision for which the exemption is requested will not result in <br />a danger to health or annoyance, inconvenience or discomfort. <br />Sec. 17 -73. Penalty For Violation <br />Any person, firm, corporation, agent or employee thereof who violates <br />any of the provisions of this article shall be guilty of a misdemeanor and, upon <br />conviction thereof, shall be fined an amount not less than Twenty -five and no /100 <br />Dollars ($25.00) nor more than Two Hundred and no /100 Dollars ($200.00); <br />provided, however, in the event the actor has previously been convicted under <br />this section, the actor shall be fined an amount not less than Fifty and no /100 <br />Dollars ($50.00) nor more than Five Hundred and no /100 Dollars ($500.00) for <br />a second conviction hereunder, and shall be fined an amount not less than One <br />Hundred and no /100 Dollars ($100.00) nor more than One Thousand and no /100 <br />Dollars ($1,000.00) for a third conviction hereunder and for each conviction <br />thereafter. Each day that a violation is permitted to exist shall constitute a <br />separate offense. <br />Sec. 17 -74. Culpability. <br />There shall be no requirement of a culpable mental state for a violation of <br />this article. <br />Section 2. All ordinances or parts of ordinances in conflict herewith are hereby expressly <br />repealed. <br />Section 3. This ordinance shall become effective on <br />7 <br />