Sec. 12-295. Suspension or revocation of license. Civil penalty. Issuance of new license after revocation.
Sec. 12-295. Suspension or revocation of license. Civil penalty. Issuance of new
license after revocation. (a) The commissioner may suspend or revoke the license of
any dealer or distributor for failure to comply with any provision of this chapter or
regulations related thereto or for the sale or delivery of tobacco in any form to a minor
under eighteen years of age, following a hearing with respect to which notice in writing,
specifying the time and place of such hearing and requiring such dealer or distributor
to show cause why such license should not be revoked, is mailed or delivered to such
dealer or distributor not less than ten days preceding the date of such hearing. Such
notice may be served personally or by registered or certified mail.
(b) If the commissioner finds, after a hearing as provided in subsection (a) of this
section, that a dealer has violated any provision of sections 12-326a to 12-326h, inclusive, the commissioner shall, for a first violation, suspend such dealer's license for not
less than seven days and assess a civil penalty of not less than one thousand dollars and,
for a second or subsequent violation within a five-year period, suspend such dealer's
license for not less than thirty days and assess a civil penalty of not less than five thousand
dollars. The commissioner shall order such dealer to conspicuously post a notice in a
public place stating that cigarettes cannot be sold during the period of such suspension
and the reason therefor. Any sale of cigarettes by such dealer during the period of such
suspension shall be deemed an additional violation of said sections.
(c) If the commissioner finds, after a hearing as provided in subsection (a) of this
section, that a distributor has violated any provision of sections 12-326a to 12-326h,
inclusive, the commissioner shall (1) for a first violation, suspend such distributor's
license for not less than seven days and assess a civil penalty of not more than ten
thousand dollars, (2) for a second violation within a five-year period, suspend such
distributor's license for not less than thirty days and assess a civil penalty of not more
than twenty-five thousand dollars, and (3) for a subsequent violation within a five-year
period, revoke such distributor's license and assess a civil penalty of not more than fifty
thousand dollars, except that if the violation is of subsection (b) of section 12-326b, the
commissioner shall assess an additional civil penalty of one thousand dollars for each
carton of cigarettes sold or bought in violation of said subsection. The commissioner
shall order such distributor to conspicuously post a notice in a public place stating that
cigarettes cannot be sold during the period of such suspension and the reason therefor.
Any sale of cigarettes by such distributor during the period of such suspension shall be
deemed an additional violation of said sections.
(d) The commissioner shall not issue a new license to a former licensee whose
license was revoked unless the commissioner is satisfied that such former licensee will
comply with the provisions of this chapter or regulations related thereto.
(1949 Rev., S. 1978; 1967, P.A. 788, S. 7; P.A. 84-492, S. 2, 8; 84-525, S. 7, 8; P.A. 93-368, S. 1; P.A. 94-80, S. 2, 3;
P.A. 05-221, S. 1; June Sp. Sess. P.A. 07-5, S. 24.)
History: 1967 act allowed suspension of license in addition to revocation and allowed either action to be taken upon
conviction for acquiring, possessing or selling cigarettes illegally; P.A. 84-492 and P.A. 84-525 provided for revocation
for failure to comply with regulations, removed the reference to revocation based on conviction of acquiring, possessing
or selling cigarettes illegally, set out hearing procedures and included provisions concerning the commissioner's power
to not issue a license to a person whose license was previously revoked; P.A. 93-368 designated provisions re suspension
or revocation of licenses as Subsec. (a) and amended said Subsec. to authorize the commissioner to suspend or revoke a
license for failure to comply with Sec. 53-344(a), inserted new Subsec. (b) re the sanctions and penalties imposed by the
commissioner upon a dealer or distributor who has violated any provision of Secs. 12-326a to 12-326h, inclusive, and
designated provisions re issuance of a new license to a former licensee as Subsec. (c); P.A. 94-80 amended Subsec. (a)
replacing "subsection (a) of section 53-344" with "the sale or delivery of tobacco in any form to a minor under eighteen
years of age" to be subject to suspension or revocation of license, effective May 25, 1994; P.A. 05-221 amended Subsec.
(b) to limit provisions to sanctions and penalties imposed by the commissioner upon a dealer by deleting references to a
distributor, specify the penalty is a "civil" penalty and make technical changes, added new Subsec. (c) re the sanctions
and penalties imposed by the commissioner upon a distributor who has violated any provision of Secs. 12-326a to 12-326h, inclusive, and redesignated existing Subsec. (c) as Subsec. (d); June Sp. Sess. P.A. 07-5 amended Subsec. (c) to add
additional civil penalty of $1,000 for each carton sold or bought in violation of Sec. 12-326b(b), effective January 1, 2008.