2010 Georgia Code
TITLE 10 - COMMERCE AND TRADE
CHAPTER 13A - MASTER SETTLEMENT AGREEMENT ENHANCEMENTS
§ 10-13A-8 - Suspension of distributor's license; other available remedies
. Suspension of distributor's license; other available remedies
(a) In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a distributor has violated Code Section 10-13A-5
or any regulation adopted pursuant to this chapter, the commissioner may revoke or suspend the license of the distributor in the manner provided by Code Section 48-11-6
. Each tax stamp affixed and each sale or offer to sell cigarettes in violation of Code Section 10-13A-5
shall constitute a separate violation. For each violation, the commissioner may also impose a civil penalty in an amount not to exceed the greater of 500 percent of the retail value of the cigarettes or $5,000.00 upon a determination of a violation of Code Section 10-13A-5
or any regulations adopted pursuant thereto. Such penalty shall be imposed in the manner provided in subsection (c) of Code Section 48-11-24
(b) Any cigarettes that have been sold, offered for sale, or possessed for sale in this state in violation of Code Section 10-13A-5
shall be deemed contraband under Code Section 48-11-9
and such cigarettes shall be subject to seizure and forfeiture as provided in such Code section.
(c) The Attorney General, on behalf of the commissioner, may seek an injunction to restrain a threatened or actual violation of Code Section 10-13A-5
or of subsection (a) or (d) of Code Section 10-13A-7
by a distributor and to compel the distributor to comply with said Code section or either such subsection. In any action brought pursuant to this Code section, the state shall be entitled to recover the costs of investigation, costs of the action, and reasonable attorney fees.
(d) It shall be unlawful for a person to sell or distribute cigarettes or to 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 this state in violation of Code Section 10-13A-5
. Any person who violates this subsection shall be guilty of a misdemeanor.
(e) A violation of Code Section 10-13A-5
shall constitute an unfair and deceptive act or practice under Part 2 of Article 15 of Chapter 1 of this title, the "Fair Business Practices Act of 1975."
Graham Syfert - Jacksonville Lawyer