Code of the District of Columbia

§ 7–1803.06. Penalties and other remedies.

(a)(1) In addition to, or in lieu of, any other civil or criminal remedy provided by law, upon a determination that any person has violated § 7-1803.03(c) or any regulation adopted pursuant to this part, the Mayor may revoke or suspend the license of the Wholesaler in the manner provided by § 47-2404(f).

(2) Each stamp affixed and each sale or offer to sell cigarettes in violation of § 7-1803.03(c) shall constitute a separate violation. Pursuant to Chapter 18 of Title 2, the Mayor may also impose a civil fine in an amount not to exceed the greater of 500% of the retail value of the cigarettes or $5,000 for any violation of § 7-1803.03(c) or any regulations adopted pursuant to this part.

(b) Any cigarettes that have been sold, offered for sale, or possessed for sale, in the District, or imported for personal consumption in the District, in violation of § 7-1803.03(c) shall be deemed contraband under § 47-2405(b) and the cigarettes shall be subject to seizure and forfeiture as provided in § 47-2409; provided, that all such cigarettes so seized and forfeited shall be destroyed and not resold.

(c) The Corporation Counsel, on behalf of the District, may seek an injunction to restrain a threatened or actual violation of § 7-1803.03(c), § 7-1803.05(a), or § 7-1803.05(d) by a Wholesaler and compel the Wholesaler to comply with the subsections.

(d)(1) It shall be unlawful for a person to:

(A) Sell or distribute cigarettes, or

(B) 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 the District in violation of § 7-1803.03(c).

(2) A violation of this subsection shall, upon conviction, be punishable by a fine of not more than $5,000 or imprisonment of not more than 1 year, or both. Prosecutions for violations of this subsection shall be brought in Superior Court of the District of Columbia in the name of the District by the Corporation Counsel.