Nebraska Statutes 69-506. Violations; civil penalty; seizure and destruction; additional remedies; Attorney General; powers and duties
(1) A manufacturer, wholesale dealer, agent, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of section 69-503, shall be liable to a civil penalty not to exceed ten thousand dollars per each sale of such cigarettes for a first offense and shall be liable to a civil penalty not to exceed twenty-five thousand dollars for any subsequent offense per each sale of such cigarettes, except that this penalty against any such person or entity shall not exceed one hundred thousand dollars during any thirty-day period.
Terms Used In Nebraska Statutes 69-506
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Peace officer: shall include sheriffs, coroners, jailers, marshals, police officers, state highway patrol officers, members of the National Guard on active service by direction of the Governor during periods of emergency, and all other persons with similar authority to make arrests. See Nebraska Statutes 49-801
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(2) A retail dealer who knowingly sells or offers to sell fewer than one thousand cigarettes in violation of section 69-503 shall be liable to a civil penalty not to exceed five hundred dollars for a first offense and shall be liable to a civil penalty not to exceed two thousand dollars for any subsequent offense for each such sale or offer for sale of such cigarettes. A retail dealer who knowingly sells or offers to sell one thousand or more cigarettes in violation of section 69-503 shall be liable to a civil penalty not to exceed one thousand dollars for a first offense and shall be liable to a civil penalty not to exceed five thousand dollars for any subsequent offense per each such sale or offer of sale of such cigarettes. The penalty against any retail dealer under this subsection shall not exceed twenty-five thousand dollars during any thirty-day period.
(3) In addition to any civil penalty, any corporation, partnership, sole proprietor, limited partnership, limited liability company, limited liability partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to section 69-504 shall be liable to a civil penalty of seventy-five thousand dollars for the first false certification and shall be liable to a civil penalty not to exceed one hundred fifty thousand dollars for each subsequent false certification.
(4) Any person violating any other provision of the Reduced Cigarette Ignition Propensity Act shall be liable to a civil penalty not to exceed one thousand dollars for a first offense and shall be liable to a civil penalty not to exceed five thousand dollars for any subsequent offense.
(5) Whenever any peace officer of this state or duly authorized representative of the State Fire Marshal or Tax Commissioner discovers any cigarettes (a) for which no certification has been filed as required by section 69-504 or (b) that have not been marked as required by section 69-505, such peace officer or representative may seize and take possession of such cigarettes. Cigarettes seized pursuant to this subsection shall be destroyed, except that prior to the destruction of any cigarette seized pursuant to this subsection the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarette.
(6) In addition to any other remedy provided by law, the Attorney General may file an action in a court of competent jurisdiction for a violation of the Reduced Cigarette Ignition Propensity Act, including petitioning (a) for preliminary or permanent injunctive relief against any manufacturer, importer, wholesale dealer, retail dealer, agent, or other person or entity to enjoin such entity from selling, offering to sell, or affixing tax stamps or cigarette tax meter impressions to any cigarette that does not comply with the requirements of the Reduced Cigarette Ignition Propensity Act or (b) to recover any costs or damages suffered by the state because of a violation of the act, including enforcement costs relating to the specific violation and attorney’s fees. Each violation of the act or of rules or regulations adopted and promulgated under the act constitutes a separate civil violation for which the Attorney General may obtain relief. Upon obtaining judgment for injunctive relief under this subsection, the Attorney General shall provide a copy of the judgment to all wholesale dealers and agents to which the cigarette has been sold.