TITLE 23
Health and Safety

CHAPTER 23-1
Department of Health

SECTION 23-1-58


§ 23-1-58 Penalty for operating without a dealer license.

(a) Any individual or business who violates this chapter by selling or conveying an electronic nicotine-delivery system product without a retail license shall be cited for that violation and shall be required to appear in district court for a hearing on the citation.

(b) Any individual or business cited for a violation hereunder shall:

(1) Either post a five hundred dollar ($500) bond with the district court within ten (10) days of the citation; or

(2) Sign and accept the citation indicating a promise to appear in court.

(c) An individual or business who or that has accepted the citation may:

(1) Pay the five hundred dollar ($500) fine, either by mail or in person, within ten (10) days after receiving the citation; or

(2) If that individual or business has posted a bond, forfeit the bond by not appearing at the scheduled hearing. If the individual or business cited pays the five hundred dollar ($500) fine or forfeits the bond, that individual or business is deemed to have admitted the cited violation and to have waived the right to a hearing on the issue of commission on the violation.

(d) The court, after a hearing on a citation, shall make a determination as to whether a violation has been committed. If it is established that the violation did occur, the court shall impose a five hundred dollar ($500) fine in addition to any court costs or fees.

History of Section.
(P.L. 2014, ch. 182, § 2; P.L. 2014, ch. 223, § 2.)