59-14-509. Restrictions on mail order or Internet sales.
(1) For purposes of this section: "Distributor" means a person, wherever residing or located, who: is licensed in this state to purchase non-taxed tobacco products; and stores, sells, or otherwise disposes of tobacco products. "Licensed person" is as defined in Subsection. 59-14-409(1) "Order or purchase" includes: by mail or delivery service; through the Internet or computer network; by telephone; or through some other electronic method. "Retailer" means any person who sells tobacco products to consumers for personal consumption.
(2) A person, distributor, manufacturer, or retailer shall not: cause tobacco products or cigarettes as defined in Sectionto be ordered or purchased by anyone other than a licensed person; or 59-22-202 knowingly provide substantial assistance to a person who violates this section.
(3) Each order or purchase of a tobacco product or cigarettes as defined in Sectionin violation of Subsectionshall constitute a separate violation under this section. 59-22-202 (2) In addition to the penalties in Subsection, a person who violates this section is subject to: (4) a civil penalty in an amount not to exceed $5,000 for each violation of this section; an injunction to restrain a threatened or actual violation of this section; and recovery by the state for: the costs of investigation; the cost of expert witness fees; the cost of the action; and reasonable attorney's fees.
(4) If a person knowingly violates this section, the court shall order any profits, gain, gross receipts, or other benefit from the violation to be disgorged and paid to the state treasurer for deposit in the General Fund.