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a. In addition to any other powers of the commissioner, and not in limitation thereof, the commissioner may, after due notice and opportunity to be heard, refuse to renew any license required under this subchapter and may suspend or revoke such license if the person holding such license, or, where applicable, any of its officers, principals, directors, members, managers, employees, or stockholders owning more than ten percent of the outstanding stock of the corporation, has been found to have:
1. made a material false statement or concealed a material fact in connection with the filing of any application pursuant to this subchapter; or
2. not paid, within the time permitted by law, any civil penalty or judgment duly imposed pursuant to the provisions of this subchapter or any rules promulgated thereunder or pursuant to chapter thirteen of title eleven of this code, or chapter forty of title eleven of this code relating to cigarette sales; or
3. violated the provisions of subdivision a or b of section 17-706 of this code or any rules promulgated thereunder; or
4. violated any provision of section 10-203 of this code or any rules promulgated thereunder.
b. In addition to the commissioner's power to refuse to renew, suspend or revoke a license as provided in subdivision a of this section, the commissioner shall be authorized to refuse to renew any license required under this subchapter and may suspend or revoke such license upon the notification by the commissioner of finance that the person holding such license, or, where applicable, any of its officers, principals, directors, employees, members, managers, or stockholders owning more than ten percent of the outstanding stock of the corporation, has been found to have violated any provision of chapter thirteen of title eleven of this code, or of chapter forty of title eleven of this code relating to cigarette sales.
c. Upon suspending or revoking any retail cigarette license, the commissioner shall direct the holder thereof to surrender to the commissioner immediately any cigarette retail license or duplicates thereof issued to such holder for such place of business and the holder shall surrender promptly all such licenses to the commissioner as directed.
(Am. L.L. 2015/095, 10/20/2015, eff. 12/19/2015; Am. L.L. 2017/191, 10/16/2017, eff. 4/14/2018)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2000/002 and L.L. 2015/095.
a. The civil penalties imposed pursuant to this section shall be in addition to any other sanctions and orders which may be imposed by the commissioner pursuant to this title including, but not limited to, such sanctions and orders which may be imposed pursuant to section 20-105 or to title 11 or title 17 of this code or pursuant to such other law the commissioner is authorized to enforce under this code. The civil penalties imposed pursuant to this section for a violation of subdivision a of section 20-202 shall be in lieu of the civil penalties imposed pursuant to section 17-703 of this code, and the civil penalties imposed pursuant to this section for a violation of section 20-205 shall be in lieu of the civil penalties imposed pursuant to subdivision b of section 17-703.2 of this code.
b. Notwithstanding the provisions of subdivision a and b of section 20-106 of this code, any person who violates any provision of this subchapter or any rules promulgated thereunder shall be subject to a civil penalty of not less than two hundred and fifty dollars but not more than two thousand dollars for each violation, to be recovered in a civil action or in an administrative tribunal with jurisdiction.
c. The commissioner, after providing notice and an opportunity to be heard, shall be authorized to order the sealing of any premises where any person has been found:
1. to have engaged in unlicensed activities in violation of this subchapter on at least two occasions within a three-year period; or
(Am. L.L. 2017/146, 8/28/2017, eff. 2/24/2018)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2000/002, L.L. 2013/097 and L.L. 2017/146.
Subchapter 2: [Repealed]
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/062.
(Renumbered L.L. 2021/080, 7/18/2021, eff. 3/15/2022)
Editor's note: Renumbered as Chapter 4, Subchapter 3-A. For related unconsolidated provisions, see Appendix A at L.L. 1995/072 and L.L. 2021/080.
(Renumbered L.L. 2021/080, 7/18/2021, eff. 3/15/2022)
Editor's note: Renumbered as § 20-626. For related unconsolidated provisions, see Appendix A at L.L. 1995/072 and L.L. 2021/080.
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