(a) If an individual is convicted of, or enters a guilty plea or a plea of nolo contendere to, a violation of subsection (a), section fifteen of this article, and the individual was not the owner of the ride being operated or assembled, the commissioner may impose a civil penalty not to exceed $5,000 on the owner of the ride being operated or assembled: Provided, That the owner knew or should have known that the individual was acting in violation of subsection (a), section fifteen of this article.
(b) All civil penalties collected by the commissioner shall be deposited into the amusement rides and amusement attractions safety fund created in section four of this article.
Structure West Virginia Code
Article 10. Amusement Rides and Amusement Attractions Safety Act
§21-10-4. Inspection and Permit Fees
§21-10-6. Permits; Application; Annual Inspection
§21-10-7. Issuance of Permit; Certificate of Inspection; Availability to Public
§21-10-9. Notice of Serious Physical Injury or Fatality; Investigations; Records Available to Public
§21-10-11. Temporary Cessation of Operation of Ride or Attraction Determined to Be Unsafe
§21-10-12a. Minimum Age for Operating Amusement Ride
§21-10-14. Criminal Penalty for Violation
§21-10-15. Operating or Assembling an Amusement Ride While Intoxicated; Criminal Penalty
§21-10-16. Revocation and Suspension of Permits
§21-10-17. Civil Penalties for Violations