(a) Any violation of this act involving the sale or attempted sale of cigarettes by
a stamping agent to a retail dealer, vending machine operator or consumer, or by a
retail dealer or vending machine operator to a consumer, shall constitute an unlawful
and deceptive 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 in this
(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 stamping agent sells to a retail
dealer or consumer.
(c) If a court determines that a person has violated this act, the court shall order
any profits, gains, gross receipts or other benefit from the violation be surrendered. Any profits, gains, gross receipts or other benefit surrendered from the violation
shall be collected pursuant to this subsection and shall be remitted to the state
treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire
amount in the state treasury to the credit of the cigarette and tobacco products regulation
fund created pursuant to subsection (e) of K.S.A. 79-3391, and amendments thereto.
(d) Unless otherwise expressly provided, the remedies or penalties provided by this
act are cumulative to each other and to the remedies or penalties under all other
laws of this state.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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