In addition to any other civil or criminal penalty provided by law, upon a finding that a retailer has violated any provision of this division, the board may take the following actions:
(a) In the case of the first offense, the board may revoke or suspend the license or licenses of the retailer pursuant to the procedures applicable to the revocation of a license set forth in Section 30148 of the Revenue and Taxation Code.
(b) In the case of a second or any subsequent offense, in addition to the action authorized under subdivision (a), the board may impose a civil penalty in an amount not to exceed the greater of either of the following:
(1) Five times the retail value of the seized cigarettes or tobacco products.
(2) Five thousand dollars ($5,000).
(Amended by Stats. 2004, Ch. 82, Sec. 3. Effective June 30, 2004.)