50-6a14. Violation of act; stamping agents; licensure, revocation, suspension; civil fines. (a) In addition to or in lieu of any other civil or criminal remedy provided by law, the director or the director's designee, upon a finding that a stamping agent has violated subsection (a) of K.S.A. 50-6a04, and amendments thereto, or any rules or regulations adopted pursuant to this act, may revoke or suspend the license of any licensee in the manner provided by K.S.A. 79-3309, and amendments thereto. Each package of cigarettes to which tax indicia is affixed, is caused to be affixed or tax is paid thereupon, and each sale or offer to sell cigarettes in violation of subsection (a) of K.S.A. 50-6a04, and amendments thereto, shall constitute a separate violation. The director may also impose a civil penalty in an amount not to exceed the greater of 500% of the retail value of the cigarettes involved or $5,000 upon a finding of violation of subsection (a) of K.S.A. 50-6a04, and amendments thereto, or a violation of any rules or regulations adopted pursuant to this act. Such fine shall be imposed in the manner provided by K.S.A. 79-3391, and amendments thereto. Any fine collected pursuant to this subsection shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the cigarette and tobacco products regulation fund created pursuant to subsection (e) of K.S.A. 79-3391, and amendments thereto. The moneys credited to this fund shall be used for the purposes of enforcement of this act, or K.S.A. 79-3301 et seq., and amendments thereto.
(b) The attorney general or the attorney general's duly authorized designee shall, when requested by the director, assist the director in a hearing to suspend or revoke a stamping agent's license for a violation of this act.
History: L. 2009, ch. 110, ยง 7; July 1.
Structure Kansas Statutes
Chapter 50 - Unfair Trade And Consumer Protection
Article 6a - Requirements For Sale Of Cigarettes
50-6a03 Requirements for sale of cigarettes; penalties.
50-6a06 Invalidity of amendment to 50-6a03, effect.
50-6a07 Additional definitions.
50-6a13 Contraband; seizure; storage and transportation.
50-6a14 Violation of act; stamping agents; licensure, revocation, suspension; civil fines.
50-6a15 Injunction; stamping agent.
50-6a17 Unlawful sales; deceptive trade practice; surrender of profits.
50-6a18 Recovery of costs of enforcement action by state.
50-6a19 Certain reports admissible as evidence; presumption of accuracy.