Penalties and other remedies.
(a) In addition to or in place of any other civil or criminal remedy provided
by law, upon a determination that a licensee has violated AS 43.50.470(a)
or any regulation adopted under that statute, the commissioner may revoke
or suspend the license issued under AS 43.50.010, 43.50.035, or 43.50.320
of any licensee. The department shall comply with the provisions of AS
44.62 (Administrative Procedure Act). Each offer to sell cigarettes in
violation of AS 43.50.470(a) constitutes a separate violation. The commissioner
also may impose a civil penalty in an amount not to exceed the greater
of 500 percent of the retail value of the cigarettes sold or $5,000 upon
a determination of violation of a provision of AS 43.50.470(a) or any
regulations adopted under that statute. The penalty shall be imposed in
the manner provided by AS 43.05.245.
(b) Any cigarettes that have been sold, offered for sale, or possessed
for sale in this state, or imported for personal consumption in this state
in violation of AS 43.50.470(a) are contraband, regardless of whether
the violation was knowing, and the cigarettes are subject to seizure and
forfeiture; seized and forfeited cigarettes shall be destroyed and may
not be resold. The department shall comply with the provisions of AS 44.62
(Administrative Procedure Act).
(c) The Department of Law, on behalf of the commissioner, may seek an
injunction to restrain a threatened or actual violation of AS 43.50.460,
43.50.470(a), or 43.50.480 by a licensee and to compel the licensee to
comply with those provisions.