1.In addition to any other civil or criminal remedy provided by law, upon a
determination that a distributor has violated subsection 4, 6, 7, 8, or 9 of section
51-25.1-02 or subsection 1 or 4 of section 51-25.1-04, or any rule adopted under
those subsections, the attorney general may revoke the license of a distributor in
the manner provided by section 57-36-04. Each sale or offer to sell cigarettes in
violation of subsection 4 of section 51-25.1-02 constitutes a separate violation. For
each violation, the attorney general may impose a civil penalty in an amount not to
exceed five hundred percent of the retail value of the cigarettes sold or five
thousand dollars, whichever is greater, upon a determination of violation of
subsection 4 of section 51-25.1-02 or any rules adopted under that
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1. In addition to any other civil or criminal remedy provided by law, upon a
determination that a distributor has violated subsection 4, 6, 7, 8, or 9 of section
51-25.1-02 or subsection 1 or 4 of section 51-25.1-04, or any rule adopted under
those subsections, the attorney general may revoke the license of a distributor in
the manner provided by section 57-36-04. Each sale or offer to sell cigarettes in
violation of subsection 4 of section 51-25.1-02 constitutes a separate violation. For
each violation, the attorney general may impose a civil penalty in an amount not to
exceed five hundred percent of the retail value of the cigarettes sold or five
thousand dollars, whichever is greater, upon a determination of violation of
subsection 4 of section 51-25.1-02 or any rules adopted under that subsection.
2. Any cigarettes sold, offered for sale, or possessed for sale in this state, or imported
for personal consumption in this state in violation of subsection 4 of section
51-25.1-02 are deemed contraband and are subject to seizure, by a law
enforcement officer, and forfeiture as follows:
a. Upon the seizure of the cigarettes, and within two days thereafter, the law
enforcement officer making the seizure shall deliver an inventory of the
cigarettes seized to the person from whom the seizure was made, if known,
and shall file a copy of the inventory with the attorney general.
b. Within ten days after the date of service of the inventory, the person from
whom the seizure was made, or any other person claiming an interest in the
cigarettes seized, may file a demand with the attorney general for a judicial
determination of the issues of whether the cigarettes seized were, or lawfully
are, subject to seizure and forfeiture. Within thirty days of the date of a timely
demand, the attorney general shall institute an action in the district court of
the county in which the seizure was made for a determination of the issues.
The action must be brought by the attorney general in the name of the state.
The district court shall hear the action and determine the issues of fact and
law.
c. If a judgment of forfeiture is entered, the attorney general shall destroy the
forfeited cigarettes unless the judgment is stayed pending an appeal to the
supreme court.
d. If a demand for a judicial determination is made, and in the absence of an
action commenced under this section or a stipulated settlement, the attorney
general shall release the seized cigarettes to the person entitled to the
cigarettes.
e. If a demand for judicial determination is not made, the seized cigarettes must
be deemed forfeited to the state by operation of law and the cigarettes must
be destroyed.
3. The attorney general may seek an injunction to restrain a threatened or actual
violation of subsection 4, 7, 8, 9, or 10 of section 51-25.1-02 or subsection 1 or 4 of
section 51-25.1-04 by any person and to compel the person to comply with this
subsection. In an action brought under this section, the state is entitled to recover
the costs of investigation, costs of the action, and reasonable attorney's fees.
4. A person may not sell, distribute, acquire, hold, own, possess, transport, import, or
cause to be imported cigarettes the person knows or should know are intended for
distribution or sale in the state in violation of subsection 4, 7, 8, 9, or 10 of section
51-25.1-02. A violation of this subsection is a class A misdemeanor.