{"data":{"id":"us-mt/50-40-115","jurisdiction":"us-mt","citation":"50-40-115","heading":"Penalties.","body":"(1) It is unlawful for a person to smoke in any area where smoking is prohibited under 20-1-220 or 50-40-104. A person who violates 20-1-220 or 50-40-104 is guilty of a misdemeanor and shall be subject to a fine of not less than $25 or more than $100.\n(2) A person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of Title 50, chapter 40, is guilty of a misdemeanor after a third violation within a 3-year period and shall be warned, reprimanded, or punished as follows:\n(a) a warning for the first violation;\n(b) a written reprimand for a second violation; and\n(c) within any 3-year period, a fine of:\n(i) $100 for a third violation;\n(ii) $200 for a fourth violation; and\n(iii) $500 for a fifth or subsequent violation.\n(3) Penalties imposed under this section may not be considered by the department of revenue for the purposes of 16-4-401 or by the department of justice for the purposes of 23-5-119, 23-5-177, or 23-5-611(1)(a) or (1)(c).","path":["TITLE 50. HEALTH AND SAFETY","CHAPTER 40. SMOKING IN PUBLIC PLACES","Part 1. Montana Clean Indoor Air Act"],"source_url":"https://mca.legmt.gov/bills/mca/title_0500/chapter_0400/part_0010/section_0150/0500-0400-0010-0150.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:56:27Z","sha256":"25943437ed9447a314cbfc00beecbbb64a4dc6ed5093e6a6e9beef412a04ac52","source_id":"us-mt","stale":false,"prev":"us-mt/50-40-111","next":"us-mt/50-40-116"},"notice":"GroundRules: Original legal text. Not legal advice."}