Penalties and other remedies
(1) License revocation and civil penalty. In addition to or in lieu of any
other civil or criminal remedy provided by law, upon a determination that
a stamping agent has violated
section 39-28-303 (3) or any rule adopted pursuant thereto, the executive director of the department
may revoke or suspend the license of any stamping agent in the manner
sections 39-28-102 (1) and
39-28.5-104. Each stamp affixed and each offer to sell cigarettes in violation of
section 39-28-303 (3) shall constitute a separate violation. For each violation, the executive
director may also impose a civil penalty in an amount not to exceed the
greater of five hundred percent of the retail value of the cigarettes
sold or five thousand dollars upon a determination of a violation of
section 39-28-303 (3) or any rules adopted pursuant thereto.
(2) Contraband and seizure. Any cigarettes that have been sold, offered for
sale, or possessed for sale in this state in violation of
section 39-28-303 (3) shall be deemed a contraband article as defined by
section 16-13-502 (1), C.R.S. The cigarettes shall be subject to seizure and forfeiture as provided
in the "Colorado Contraband Forfeiture Act", part 5 of article
13 of title 16, C.R.S., and any cigarettes so seized and forfeited shall
be destroyed and not resold.
(3) Injunction. The attorney general, on behalf of the department, may seek
an injunction to restrain a threatened or actual violation of
section 39-28-303 (3) or
39-28-305 (1) or (4) by a stamping agent and to compel the stamping agent to comply
with those statutory provisions.
(4) Unlawful sale and distribution. It is unlawful for a person to sell, distribute,
acquire, hold, own, possess, transport, import, or cause to be imported
cigarettes that the person knows or should know are intended for distribution
or sale in the state in violation of
section 39-28-303 (3). A violation of this section is a class 2 misdemeanor.
(5) Colorado consumer protection act. A person who violates
section 39-28-303 (3) engages in an unfair and deceptive trade practice in violation of
section 6-1-105, C.R.S.
(6) Disgorgement of profits for violations of this part 3. If a court determines
that a person has violated this part 3, 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 into the tobacco control special
fund, which is hereby created. Unless otherwise expressly provided, the
remedies or penalties provided by this part 3 are cumulative to each other
and to the remedies or penalties available under all other laws of this state.