§ 9-4-1208 — Penalties and other remedies

(a) In addition to, or in lieu of, any other civil or
criminal remedy provided by law, upon a determination that any
person has violated subsection W.S. 9-4-1205(k), the department
may revoke or suspend the license of any licensed wholesaler in
the manner provided by W.S. 39-18-108(c)(v). Each stamp affixed
and each offer to sell cigarettes in violation of W.S.
9-4-1205(k) shall constitute a separate violation. For each
violation under W.S. 9-4-1205(k), the department may also impose
a civil penalty in an amount not to exceed the greater of five
hundred percent (500%) of the retail value of the cigarettes
sold, or five thousand dollars ($5,000.00) upon a determination
of a violation of W.S. 9-4-1205(k).
(b) Any cigarettes that have been sold, offered for sale
or possessed for sale in this state, or imported for personal
consumption in this state in violation of W.S. 9-4-1205(k) shall
be:
(i) Deemed contraband under W.S. 39-18-108(c)(i);
(ii) Subject to seizure and forfeiture as provided in
W.S. 39-18-108(c)(i); and
(iii) Destroyed.
(c) The attorney general may seek an injunction to
restrain a threatened or actual violation of W.S. 9-4-1205(k) or
9-4-1207(a) or (d) by a licensed wholesaler and to compel the
licensed wholesaler to comply with those provisions.
(d) No person shall sell or distribute cigarettes or
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
W.S. 9-4-1205(k). Any person who violates this section is guilty
of a misdemeanor punishable by a fine of not more than one
hundred dollars ($100.00), imprisonment for not more than six
(6) months, or both.
(e) Any person who violates W.S. 9-4-1205(k) engages in an
unfair and deceptive trade practice in violation of W.S.
40-12-105(a)(i).
(f) In any action brought by the state to enforce this
act, the state may recover the costs of investigation, expert
witness fees, costs of the action and reasonable attorney fees.
(g) If a court determines that a person has violated any
provision of this act, the court shall order any profits, gain
or other benefit from the violation to be surrendered and paid
to the Wyoming tobacco settlement trust fund established by W.S.