2013 New York Consolidated Laws
PBH - Public Health
Article 13-F - (1399-AA - 1399-MM) REGULATION OF TOBACCO PRODUCTS, HERBAL CIGARETTES AND SMOKING PARAPHERNALIA; DISTRIBUTION TO MINORS
1399-FF - Enforcement.

 
    §  1399-ff.  Enforcement.  1.  Where  a civil penalty for a particular
  incident has not been imposed or  an  enforcement  action  regarding  an
  alleged violation for a particular incident is not pending under section
  thirteen hundred ninety-nine-ee of this article, a parent or guardian of
  a  minor  to  whom  tobacco  products,  herbal  cigarettes or electronic
  cigarettes are sold or distributed in  violation  of  this  article  may
  submit  a complaint to an enforcement officer setting forth the name and
  address of the alleged violator, the date of the alleged violation,  the
  name and address of the complainant and the minor, and a brief statement
  describing  the  alleged violation. The enforcement officer shall notify
  the alleged violator by certified or  registered  mail,  return  receipt
  requested, that a complaint has been submitted, and shall set a date, at
  least  fifteen  days  after the mailing of such notice, for a hearing on
  the complaint. Such notice shall contain the  information  submitted  by
  the complainant.
    2.  With  respect  to  any penalty imposed with respect to a complaint
  under this section, an enforcement officer  other  than  the  department
  shall  use  fifty  percent  of  such  penalty  collected for educational
  efforts administered by the board or a local  school  district  for  the
  purposes of preventing adolescent tobacco use.
    3.  The  enforcement officer shall promptly notify the commissioner of
  taxation and finance and the director of the division of the lottery  of
  any  determination,  made  after  a  hearing,  that  a violation of this
  article has occurred together with a direction to such commissioner  and
  director  with respect to any action to be taken concerning registration
  under section four hundred eighty-a of the tax law and  licensing  under
  section sixteen hundred seven of the tax law.