KANSAS STATUTES AND CODES

50-6a14. Violation of act; stamping agents; licensure, revocation, suspension; civil fines.

50-6a14

Chapter 50.--UNFAIR TRADE AND CONSUMER PROTECTION Article 6a.--REQUIREMENTS FOR SALE OF CIGARETTES

50-6a14. Violation of act; stamping agents;licensure, revocation, suspension; civil fines.(a) In addition to or in lieu of any other civil or criminalremedy provided by law, the director or the director's designee, upon afinding 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 thisact, may revoke or suspend the license of any licensee in the manner providedby K.S.A.79-3309, and amendments thereto. Each package of cigarettes to whichtax indicia is affixed, is caused to be affixed or tax is paid thereupon, andeach 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. Thedirector may also impose a civil penalty in an amount not to exceed the greaterof 500% of the retail value of the cigarettes involved or $5,000 upon a findingof violation of subsection (a) of K.S.A. 50-6a04, and amendments thereto, or aviolation of any rules or regulations adopted pursuant to this act. Such fineshall be imposed in the manner provided by K.S.A. 79-3391, and amendmentsthereto. Any fine collected pursuant to this subsection shall be remitted tothe state treasurer in accordance with the provisions of K.S.A. 75-4215, andamendments thereto. Upon receipt of each such remittance, the state treasurershall deposit the entire amount in the state treasury to the credit of thecigarette and tobacco products regulation fund created pursuant to subsection(e) of K.S.A. 79-3391, and amendments thereto. The moneys credited to this fundshall be used for the purposes of enforcement of this act, or K.S.A. 79-3301 etseq., and amendments thereto.

(b) The attorney general or the attorney general's duly authorized designeeshall, when requested by the director, assist the director in a hearing tosuspend or revoke a stamping agent's license for a violation of this act.

History: L. 2009, ch. 110, § 7; July 1.