(A) A person is subject to a civil penalty not to exceed two thousand dollars per device for each day of noncompliance with this subsection if the person knowingly and wilfully operates an amusement device without:

(1) the permit required by Sections 41-18-50 and 41-18-60;

(2) the inspections required by Sections 41-18-70 and 41-18-80;

(3) the insurance required by Section 41-18-90; or

(4) complying with any other provision of this chapter or regulation promulgated under this chapter.

(B) A person is subject to a civil penalty not to exceed two thousand dollars per device for each day of noncompliance with this subsection if the person operates an amusement device without:

(1) the permit required by Sections 41-18-50 and 41-18-60;

(2) the inspections required by Sections 41-18-70 and 41-18-80;

(3) the insurance required by Section 41-18-90; or

(4) complying with any other provision of this chapter or regulation promulgated under this chapter.

(C) The director may assess the penalties under this section and, in assessing penalties under subsection (A), shall give due consideration to the appropriateness of the penalty with respect to the size of the owner's or lessee's business, the good faith of the owner or lessee, and the owner's or lessee's history of previous violation.

(D) Revenue derived under this chapter must be remitted to the State Treasurer and deposited in the general fund.

HISTORY: 1985 Act No. 103, Section 2, eff January 1, 1986; 1993 Act No. 144, Section 8, eff June 14, 1993; 1998 Act No. 283, Section 1, eff upon approval (became law without the Governor's signature on April 8, 1998).

Effect of Amendment

The 1993 amendment, in the opening paragraph, deleted "any of the following"; in both subsections 1 and 2, rewrote paragraph (c), deleting reference to a civil penalty not to exceed two thousand dollars, and added paragraph (d).

The 1998 amendment rewrote this section.