The State Fire Marshal may impose a civil penalty for a violation of ORS 476.760 (1). The civil penalty may not exceed:

1. (1) For a person that distributes or offers to sell cigarettes to a wholesale or retail dealer, $10,000 or five times the wholesale invoice cost of the cigarettes involved in the violation, whichever is greater.

2. (2) For a person that distributes or offers to sell cigarettes to consumers:

   1. (a) For a distribution or offer of not more than 1,000 cigarettes, $500.
   2. (b) For a distribution or offer of more than 1,000 cigarettes, $1,000 or five times the retail value of the cigarettes involved in the violation, whichever is greater.
3. (3) For a continuing violation of ORS 476.760 (1), each day that a person distributes or offers to sell cigarettes after being notified by the State Fire Marshal that the distribution or offer to sell cigarettes violates ORS 476.760 (1) is a separate violation subject to civil penalty. For purposes of this subsection, a person is notified by the State Fire Marshal that the distribution or offer to sell cigarettes violates ORS 476.760 (1) only after the person receives a notice, has been provided an opportunity for a hearing and has exhausted all opportunities for administrative or judicial review of the notice in the manner provided for contested cases under ORS chapter 183.

Note: See note under 476.755.

[2007 c.34 §3]