39-28-306.
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
provided by 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.