# Idaho Code § 39-5708: 39-5708 CIVIL PENALTIES FOR VIOLATIONS OF PERMIT > Idaho · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5708 ## Section - **Citation:** Idaho Code § 39-5708 - **Heading:** 39-5708 CIVIL PENALTIES FOR VIOLATIONS OF PERMIT - **Jurisdiction:** Idaho - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Idaho Code / Title 39 / Chapter 57 / Section 39-5708 ## Text 39-5708. Civil penalties for violations of permit. (1) Any permittee who fails to comply with any part of this chapter regarding the sale or distribution of tobacco products or electronic smoking devices shall be subject to a civil penalty as provided in this section or have their permit suspended, pursuant to compliance with the contested case provisions of the Idaho administrative procedure act, chapter 52, title 67, Idaho Code, or both. (2) If a seller who is not a permittee violates section 39-5705, Idaho Code, and sells or distributes tobacco products or electronic smoking devices to a minor, then the seller shall be fined one hundred dollars ($100). (3) In the case of a first violation, the permittee shall be notified in writing of penalties to be levied for further violations. (4) In the case of a second violation, the permittee shall be fined two hundred dollars ($200) and shall be notified in writing of penalties to be levied for further violations. For a violation of section 39-5705, Idaho Code, the permittee shall not be fined if the permittee can show that a training program was in place for the employee and that the permittee has a form signed by that employee on file stating that the employee understands the tobacco product or electronic smoking device laws dealing with minors and the unlawful purchase of tobacco products or electronic smoking devices, but the permittee shall be notified in writing of penalties to be levied for any further violations. If no such training is in place, the permittee shall be fined two hundred dollars ($200). (5) In the case of a third violation in a two (2) year period, the permittee shall be fined two hundred dollars ($200) and the permit may be suspended for up to seven (7) days. If the violation is by an employee, at the same location, who was involved in any previous citation for violation, the permittee shall be fined four hundred dollars ($400). Effective training and employment practices by the permittee, as determined by the department, shall be a mitigating factor in determining permit suspension. Evidence of mitigating factors shall be submitted to the department within ten (10) days of the date of violation. Tobacco product or electronic smoking device retailers must remove all tobacco products or electronic smoking devices from all areas accessible to or visible to the public while the permit is suspended. (6) In the case of four (4) or more violations within a two (2) year period, the permittee shall be fined four hundred dollars ($400) and the permit shall be revoked until such time that the permittee demonstrates an effective training plan to the department, but in no case shall the revocation be for less than thirty (30) days. Tobacco product or electronic smoking device retailers must remove all tobacco products or electronic smoking devices from all areas accessible to or visible to the public while the permit is revoked. (7) All moneys collected for violations pursuant to this section shall be remitted to the prevention of minors' access to tobacco products or electronic smoking devices fund created in section 39-5711, Idaho Code. (8) All fines shall be paid in full prior to renewal of a permit and within ten (10) days of the date of the violation. History: [39-5708, added 1998, ch. 418, sec. 2, p. 1319; am. 2001, ch. 39, sec. 2, p. 75; am. 2012, ch. 39, sec. 5, p. 120; am. 2020, ch. 318, sec. 8, p. 910; am. 2025, ch. 64, sec. 7, p. 307.] ## Nearby sections - [Idaho Code § 39-5701 39-5701 LEGISLATIVE FINDINGS AND INTENT.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5701.md) - [Idaho Code § 39-5702 39-5702 DEFINITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5702.md) - [Idaho Code § 39-5703 39-5703 POSSESSION, DISTRIBUTION, OR USE BY A MINOR.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5703.md) - [Idaho Code § 39-5704 39-5704 PERMITTING OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES RETAILERS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5704.md) - [Idaho Code § 39-5705 39-5705 SALE OR DISTRIBUTION OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO A MINOR.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5705.md) - [Idaho Code § 39-5706 39-5706 VENDOR-ASSISTED SALES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5706.md) - [Idaho Code § 39-5707 39-5707 OPENED PACKAGES AND SAMPLES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5707.md) - [Idaho Code § 39-5708 39-5708 CIVIL PENALTIES FOR VIOLATIONS OF PERMIT.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5708.md) - [Idaho Code § 39-5709 39-5709 CRIMINAL PENALTIES FOR VIOLATIONS WITHOUT A PERMIT.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5709.md) - [Idaho Code § 39-5710 39-5710 CONDUCT OF ENFORCEMENT ACTIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5710.md) - [Idaho Code § 39-5711 39-5711 FUNDING AND CREATION OF PREVENTION OF MINORS' ACCESS TO TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES FUND.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5711.md) - [Idaho Code § 39-5713 39-5713 LOCAL ORDINANCES PROHIBITED.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5713.md) - [Idaho Code § 39-5714 39-5714 REQUIREMENTS FOR DELIVERY SALES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5714.md) - [Idaho Code § 39-5715 39-5715 AGE VERIFICATION REQUIREMENTS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5715.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ID_T39_C57_S39-5708. Check the current official text before relying on it. Not legal advice.