50-6a17. Unlawful sales; deceptive trade practice; surrender of profits.
50-6a17
50-6a17. Unlawful sales; deceptive trade practice;surrender of profits.(a) Any violation of this act involving the sale orattempted sale of cigarettes by a stamping agent to a retail dealer, vendingmachine operator orconsumer, or by a retail dealer or vending machine operator to a consumer,shall constitute an unlawful anddeceptive trade practice as provided in K.S.A. 50-626, and amendments thereto,and shall be subject to the penalties provided for in K.S.A. 50-623 et seq.,and amendments thereto, in lieu of or in addition to any penalties provided inthis act.
(b) For purposes of this section, a stamping agent shall be deemed a"supplier" for purposes of a consumer transaction, as defined in subsection (c)of K.S.A. 50-624, and amendments thereto, regardless of whether the stampingagent sells to a retail dealer or consumer.
(c) If a court determines that aperson has violated this act, the court shall order any profits,gains, gross receipts or other benefit from the violation be surrendered. Anyprofits, gains,gross receipts or other benefit surrendered from the violation shall becollected pursuant to thissubsection and shall be remitted to the state treasurer in accordance with theprovisions ofK.S.A. 75-4215, and amendments thereto. Upon receipt of each suchremittance, the statetreasurer shall deposit the entire amount in the state treasury to the creditof the cigarette andtobacco products regulation fund created pursuant to subsection (e) of K.S.A.79-3391, andamendments thereto.
(d) Unless otherwise expressly provided, the remedies or penalties providedby this act arecumulative to each other and to the remedies or penalties under all other lawsof this state.
History: L. 2009, ch. 110, § 11; July 1.