80-9-303. Violation -- penalty -- injunction -- appeal. (1) A person who violates this chapter or who obstructs, prevents, or attempts to obstruct or prevent the department in the performance of its duty under this chapter is guilty of a misdemeanor and shall be fined not less than $100 or more than $300 for the first violation and not less than $500 or more than $1,000 for a subsequent violation.
     (2) Nothing in this chapter requires the department to prosecute, begin seizure proceedings, or issue an embargo order as a result of minor violations or when it believes the public interest will best be served by suitable notice of warning in writing.
     (3) A county attorney to whom a violation is reported shall prosecute in a court of competent jurisdiction without delay. Before the department reports a violation for prosecution, an opportunity shall be given the distributor to present his view to the department.
     (4) The department may apply for and the court may grant a temporary or permanent injunction restraining any person from violating this chapter or any rule adopted under this chapter notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.
     (5) Any person adversely affected by an act, order, or ruling made pursuant to the provisions of this chapter may within 30 days seek judicial review in the district court where the person resides or has his place of business.

     History: En. Sec. 13, Ch. 356, L. 1973; R.C.M. 1947, 3-2037(1) thru (5).