59-14-211. Penalties for dealing with prohibited cigarettes -- Private right of action.
(1) A person, regardless of whether the person is a licensee under Section, is guilty of a class B misdemeanor for each instance in which the person knowingly or with reason to know: 59-14-202 sells or distributes cigarettes described under Section; 59-14-210 acquires, holds, owns, possesses, transports, imports, or causes to be imported cigarettes: described under Section; and 59-14-210 intended for distribution or sale in the state; alters the package of any cigarettes prior to their sale or distribution to the ultimate consumer to remove, conceal, or obscure a notice, warning label, or other package information described in Subsection; or 59-14-210(1)(a) affixes a stamp used to pay the tax imposed under Section,, or, to a package or container of cigarettes: 59-14-204 Part 3, Tobacco Products Part 4, Cigarettes and Tobacco Products described under Section; 59-14-210 known by the person affixing the stamp to be altered as described under Subsection; or (1)(c) in violation of Section. 59-14-604
(2) If a person knowingly or with reason to know commits an act described in Subsectionsthrough, the commission shall: (1)(a) (d) suspend or revoke a license issued to the person under Section; and 59-14-202 regardless of whether the person is licensed under Section, impose a civil penalty in an amount not to exceed the greater of: 59-14-202 500% of the retail value of the cigarettes; or $5,000.
(3) Any person whose commercial interests have been adversely affected as a result of a violation of this section may bring an action for injunctive relief, damages, or both.
(4) The sale or possession for sale of counterfeit cigarettes by a manufacturer, importer, distributor, or retailer is punishable by a court of law as follows: a first violation involving a total quantity of less than 100 cartons of cigarettes is punishable by a fine in an amount the greater of $500 or five times the retail value of the cigarettes; a subsequent violation involving a total quantity of less than 100 cartons of cigarettes is punishable by: the greater of a fine of $2,000 or five times the retail value of the cigarettes; imprisonment not to exceed one year; or both imprisonment and a fine imposed by this Subsection; and (4)(a)(ii) the revocation by the commission of the manufacturer, importer, distributor, or retailer license for a period of up to two years; a first violation involving a total quantity of 100 cartons of cigarettes or more is punishable by: the greater of a fine of $2,500 or five times the retail value of the cigarettes; imprisonment not to exceed five years; or both the fine and imprisonment imposed by this Subsection; (4)(a)(iii) a second violation involving a quantity of 100 cartons of cigarettes or more is punishable by: the greater of a fine of $10,000 or five times the retail value of the cigarettes; imprisonment not to exceed five years; or both the fine and imprisonment imposed by this Subsection; and (4)(a)(iv) the revocation by the commission of the manufacturer, importer, distributor, or retailer license for a period of up to five years; and a third and subsequent violation involving a quantity of 100 cartons of cigarettes or more is punishable by: the greater of a fine of $25,000 or five times the retail value of the cigarettes; imprisonment not to exceed five years; or both the fine and imprisonment imposed by this Subsection; and (4)(a)(v) the revocation by the commission of the manufacturer, importer, distributor, or retailer license for a period of up to five years; and any counterfeit cigarette seized by the commission shall be destroyed.