(1) The department, a local health board and their respective designees may conduct inspections of:

(a) enclosed public places to determine if any violation of the Montana Clean Indoor Air Act, Title 50, chapter 40, parts 1 and 2, MCA has occurred; and

(b) public school property to determine compliance with 20-1-220 , MCA, relating to smoking on public school property.

(2) For every inspection conducted, a written inspection report must be made and retained by the agency conducting the inspection.

(3) An establishment that serves food but purports to qualify as a bar within the definition contained in 50-40-103 (5), MCA must upon request submit to the department, a local health board, or the designee of either, the documentation necessary to prove that at least 60% of the establishment's annual gross income comes from the sale of alcoholic beverages, gambling receipts, or both.

(4) Any violation of the Montana Clean Indoor Air Act or of 20-1-220 , MCA must be reported to the local health board or its designee and the county attorney of the county in which the violation occurred.