(a) The department or a person injured by a violation or who would suffer from any threatened violation of AS 43.50.710 - 43.50.849 may maintain an action to prevent, restrain, or enjoin the violation or threatened violation. If, in the action, a violation or threatened violation of AS 43.50.710 - 43.50.849 is established, the court may enjoin and restrain or otherwise prohibit the violation or threatened violation, and the court shall assess the costs of reasonable attorney fees against the defendant. In the action, it is not necessary that actual damages to the plaintiff be alleged or proved, but, if actual damages are alleged and proved, the plaintiff, in addition to injunctive relief and costs, including reasonable attorney fees, may recover actual damages.
(b) If injunctive relief is not requested or required, a person injured by a violation of AS 43.50.710 - 43.50.849 may maintain an action for damages in the appropriate court.
Sec. 43.50.790. Administration of AS 43.50.710 - 43.50.849; regulations.
(a) The department
(1) shall administer AS 43.50.710 - 43.50.849;
(2) may adopt regulations relating to the administration and enforcement of AS 43.50.710 - 43.50.849;
(3) shall determine the applicable minimum price for cigarettes sold by a wholesaler or retailer as provided in AS 43.50.810 ;
(4) may, after reasonable notice and hearing, revoke or suspend a license issued under AS 43.50.010 or 43.50.035 to a person who refuses or neglects to comply with a provision of AS 43.50.710 - 43.50.849.
(b) The Department of Commerce, Community, and Economic Development may, after reasonable notice and hearing, revoke or suspend a license issued under AS 43.70.075 to a person who refuses or neglects to comply with a provision of AS 43.50.710 - 43.50.849.
Section: Previous 43.50.710 43.50.720 43.50.730 43.50.740 43.50.750 43.50.760 43.50.780 43.50.800 43.50.810 43.50.849 NextLast modified: November 15, 2016