Section 1399-S. Violations

1. It shall be unlawful for any person, firm,
  limited liability  company,  corporation  or  other  entity  that  owns,
  manages,  operates  or  otherwise  controls  the use of an area in which
  smoking is prohibited or restricted pursuant to section thirteen hundred
  ninety-nine-o of this article to fail to comply with the  provisions  of
  this  article.  For  violations  of  this  subdivision,  it  shall be an
  affirmative defense that during the relevant time period actual  control
  of the area was not exercised by the respondent, but rather by a lessee,
  the  sublessee or any other person. To establish an affirmative defense,
  the respondent shall submit  an  affidavit  and  may  submit  any  other
  relevant  proof  indicating  that the respondent did not exercise actual
  control of said area during the relevant time period. Such affidavit and
  other proof shall  be  mailed  by  certified  mail  to  the  appropriate
  enforcement  officer  within  thirty  days  of receipt of such notice of
  violation.
    2. It shall be unlawful for an employer whose place of  employment  is
  subject  to subdivision one of section thirteen hundred ninety-nine-o of
  this article to fail to comply with the provisions of such  subdivision.
  For  violations  of such subdivision, it shall be an affirmative defense
  that the employer has made good faith efforts to ensure  that  employees
  comply with the provisions of this article.
    3.  It  shall  be  unlawful  for any person to smoke in any area where
  smoking is prohibited  or  restricted  under  section  thirteen  hundred
  ninety-nine-o of this article.