§ 484. Unlawful acts; violations of article. (a) Notwithstanding any\nother provision of law, it shall be unlawful and a violation of this\narticle:\n 1. For any agent, wholesale dealer or retail dealer, with intent to\ninjure competitors or destroy or substantially lessen competition, or\nwith intent to avoid the collection or paying over of such taxes as may\nbe required by law, to advertise, offer to sell, or sell cigarettes at\nless than cost of such agent wholesale dealer or retail dealer, as the\ncase may be.\n 2. For any wholesale dealer:\n (A) to induce or attempt to induce or to procure or attempt to procure\nthe purchase of cigarettes at a price less than the cost of the agent\nwith respect to sales to wholesale dealers; or\n (B) to induce or attempt to induce or to procure or attempt to procure\nany rebate or concession of any kind or nature whatsoever in connection\nwith the purchase of cigarettes.\n 3. For any chain store:\n (A) to induce or attempt to induce or to procure or attempt to procure\nthe purchase of cigarettes at a price less than the cost of the agent\nwith respect to sales to chain stores; or\n (B) to induce or attempt to induce or to procure or attempt to procure\nany rebate or concession of any kind or nature whatsoever in connection\nwith the purchase of cigarettes.\n 4. For any retail dealer:\n (A) to induce or attempt to induce or to procure or attempt to procure\nthe purchase of cigarettes at a price less than the cost of the agent\nfor sales to retail dealers, if purchased from an agent, or at a price\nless than the cost of the wholesale dealer; or\n (B) to induce or attempt to induce or to procure or attempt to procure\nany rebate or concession of any kind or nature whatsoever in connection\nwith the purchase of cigarettes.\n 5. (A) Upon a first violation of any of the provisions of this\narticle, after due notice and opportunity for a hearing, the\ncommissioner may suspend the license of any agent or wholesale dealer\nfor a period of not more than thirty days or impose a civil fine not to\nexceed twenty thousand dollars or both such suspension and fine.\n (B) Upon a second or subsequent violation committed within three years\nfollowing a prior finding of violation, after due notice and opportunity\nfor a hearing, the commissioner shall revoke the license of any agent or\nwholesale dealer unless (i) the penalty imposed for the first violation\nwas a fine only; or (ii) the commissioner determines, on a showing by\nthe agent or wholesale dealer, that the second or subsequent violation\nis due to reasonable cause or that such agent or wholesale dealer acted\nin good faith, in which case the commissioner may suspend such license\nfor a period of not more than sixty days or impose a civil fine not to\nexceed fifty thousand dollars or both such suspension and fine.\n (C) In determining whether to suspend or revoke or in assessing the\namount of any fine under this paragraph the commissioner shall give due\nconsideration to the gravity of the violation, the size of the agent's\nor wholesale dealer's business, the amount of the sale in violation of\nthis article below the minimum markup and the history of previous\nviolations. The penalties provided for in this paragraph shall be\ndetermined, assessed, collected and paid in the manner provided in\nsection four hundred seventy-eight of this chapter, as if such penalties\nwere taxes imposed pursuant to this article.\n 6. Evidence of advertisement, offering to sell or sale of cigarettes\nby any agent, wholesale dealer, chain store or retail dealer at less\nthan cost, or evidence of any offer of a rebate in price, or giving of a\nrebate in price, or an offer of a concession, or the giving of a\nconcession of any kind or nature whatsoever in connection with the sale\nof cigarettes, or the inducing or attempt to induce or to the procuring\nor the attempt to procure the purchase of cigarettes at a price less\nthan cost of the agent, wholesale
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