(30 ILCS 167/30)
Sec. 30. 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 a distributor has violated subsection (e) of Section 15 or
any regulation adopted
pursuant thereto, the Director may revoke or suspend the license of any distributor in the
manner provided by Section 6 of the Cigarette Tax Act, Section 6 of the
Cigarette Use Tax Act, or
Section 10-25 of the Tobacco Products Tax Act of 1995, as appropriate. Each
stamp affixed and
each offer to sell cigarettes in violation of subsection (e) of Section 15
shall constitute a separate
violation. For each violation, the Director may also impose a civil
penalty in an amount not
to exceed the greater of 500% of the retail value of the cigarettes sold or
$5,000 upon a
determination of violation of subsection (e) of Section 15 or any regulations
adopted pursuant thereto.
(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 subsection (e) of Section 15 shall
be subject to seizure and forfeiture as provided in Sections 18, 18a, and 20 of
the Cigarette Tax Act
and Sections 24, 25, 25a and 26 of the Cigarette Use Tax Act, and all
cigarettes so seized and forfeited shall be destroyed and not resold.
(c) The Attorney General may seek an injunction to restrain a threatened or
actual violation
of subsection (e) of Section 15, subsection (a) of Section 25, or subsection
(d) of Section 25 by a distributor and to compel the distributor to comply with such
subsections. In any action
brought pursuant to this Section, the State shall be entitled to recover the
costs of investigation,
costs of the action, and reasonable attorney fees.
(d) It shall be unlawful for a person to: (i) sell or distribute cigarettes;
or (ii) 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 State in violation of
subsection (e) of Section 15. A
violation of this Section shall be a Class 2 felony.
(e) A person who violates subsection (e) of Section 15 engages in an unfair
and deceptive
trade practice in violation of the Uniform Deceptive Trade Practices Act.
(Source: P.A. 93-446, eff. 1-1-04; 93-930, eff. 1-1-05; 94-575, eff. 8-12-05.)
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