§423.  Violation; penalty; prima facie evidence; revocation of license or permit

A.(1)  No retailer or wholesaler shall advertise, offer to sell, or sell at retail any item of merchandise at less than cost to the retailer or less than cost to the wholesaler respectively.

(2)  No retail or wholesale seller of groceries that issues identification, customer discount, membership, or other similar cards shall sell or otherwise transfer or make available to any person for any purpose, other than law enforcement agents for official law enforcement purposes pursuant to a subpoena or court order or agents of the seller for its purposes directly related to the use of such cards, any information obtained or derived from the issuance or use of such cards.

B.  Whoever violates this Subpart shall be fined not less than five hundred dollars nor more than one thousand dollars for each offense and each offense shall constitute a separate violation.  Proof of any advertising, offer to sell, or sale by any retailer or wholesaler in contravention of the policy of this Subpart shall be prima facie evidence of a violation.

C.  In addition, the collector of revenue may suspend or revoke any existing license or permit granted to any wholesale or retail dealer after notice and opportunity to be heard and in conformity with the rules and regulations made by the collector of revenue to carry out the provisions of this Subpart.

Acts 1999, No. 548, §1; Acts 2001, No. 1217, §1.