Penalties

(1) (a) Except as provided in Subsection (1)(b), a manufacturer, wholesale dealer, agent, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of Section 53-7-403: (i) for a first offense shall be liable for a civil penalty not to exceed $10,000 per each sale of cigarettes; and (ii) for a subsequent offense shall be liable for a civil penalty not to exceed $25,000 per each sale of such cigarettes. (b) A penalty imposed under Subsection (1)(a) may not exceed $100,000 during any 30-day period against any one entity described in Subsection (1). (2) (a) Except as provided in Subsection (2)(b), a retail dealer who knowingly sells cigarettes in violation of Section 53-7-403 shall: (i) for a first offense for each sale or offer for sale of cigarettes, if the total number of cigarettes sold or offered for sale: (A) does not exceed 1,000 cigarettes, be liable for a civil penalty not to exceed $500 for each sale or offer of sale; and (B) does exceed 1,000 cigarettes, be liable for a civil penalty not to exceed $1,000 for each sale or offer of sale; and (ii) for a subsequent offense, if the total number of cigarettes sold or offered for sale: (A) does not exceed 1,000 cigarettes, be liable for a civil penalty not to exceed $2,000 for each sale or offer of sale; and (B) does exceed 1,000 cigarettes, be liable for a civil penalty not to exceed $5,000 for each sale or offer of sale. (b) A penalty imposed under Subsection (2)(a) against any retail dealer shall not exceed $25,000 during a 30-day period. (3) In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to Section 53-7-404 shall, for each false certification: (a) for a first offense, be liable for a civil penalty of at least $75,000; and (b) for a subsequent offense, be liable for a civil penalty not to exceed $250,000. (4) Any person violating any other provision in this part shall be liable for a civil penalty for each violation: (a) for a first offense, not to exceed $1,000; and (b) for a subsequent offense, not to exceed $5,000. (5) (a) In addition to any other remedy provided by law, the state fire marshal or attorney general may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, for a violation of this part, including petitioning for injunctive relief or to recover any costs or damages suffered by the state because of a violation of this part, including enforcement costs relating to the specific violation and attorney fees. (b) Each violation of this part or of rules or regulations adopted under this part constitutes a separate civil violation for which the state fire marshal or attorney general may obtain relief.