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-LL - Unlawful shipment or transport of cigarettes.

 
    * §  1399-ll.  Unlawful  shipment  or transport of cigarettes.   1. It
  shall be unlawful for any person engaged  in  the  business  of  selling
  cigarettes  to  ship or cause to be shipped any cigarettes to any person
  in this state who is not: (a) a person licensed as a cigarette tax agent
  or wholesale dealer under article twenty of the tax  law  or  registered
  retail dealer under section four hundred eighty-a of the tax law; (b) an
  export  warehouse  proprietor  pursuant  to  chapter  52 of the internal
  revenue code or an operator of a customs bonded  warehouse  pursuant  to
  section  1311  or  1555  of title 19 of the United States Code; or (c) a
  person who is an  officer,  employee  or  agent  of  the  United  States
  government,  this  state  or  a  department,  agency, instrumentality or
  political subdivision of the United States or this  state  and  presents
  himself  or  herself  as  such, when such person is acting in accordance
  with his or her official duties. For purposes  of  this  subdivision,  a
  person  is  a  licensed  or  registered  agent  or  dealer  described in
  paragraph (a) of this subdivision if his or her name appears on  a  list
  of  licensed or registered agents or dealers published by the department
  of taxation and finance, or if such person is licensed or registered  as
  an agent or dealer under article twenty of the tax law.
    2.  It  shall  be  unlawful  for  any  common  or  contract carrier to
  knowingly transport cigarettes to any person in  this  state  reasonably
  believed  by  such  carrier  to  be  other  than  a  person described in
  paragraph (a), (b) or (c)  of  subdivision  one  of  this  section.  For
  purposes  of  the preceding sentence, if cigarettes are transported to a
  home or residence, it shall be presumed  that  the  common  or  contract
  carrier  knew  that  such person was not a person described in paragraph
  (a), (b) or (c) of subdivision one of this section. It shall be unlawful
  for any other person to knowingly transport cigarettes to any person  in
  this  state,  other  than to a person described in paragraph (a), (b) or
  (c) of subdivision one of this  section.  Nothing  in  this  subdivision
  shall  be construed to prohibit a person other than a common or contract
  carrier from transporting not more than eight hundred cigarettes at  any
  one time to any person in this state.
    3.  When  a person engaged in the business of selling cigarettes ships
  or causes to be shipped any cigarettes to  any  person  in  this  state,
  other  than  in  the  cigarette  manufacturer's  original  container  or
  wrapping, the container or wrapping must be plainly and  visibly  marked
  with the word "cigarettes".
    4.  Whenever  a  police  officer  designated  in  section  1.20 of the
  criminal procedure law or a peace officer designated in subdivision four
  of section 2.10 of such law, acting  pursuant  to  his  or  her  special
  duties, shall discover any cigarettes which have been or which are being
  shipped  or  transported  in  violation  of this section, such person is
  hereby empowered and authorized to seize and  take  possession  of  such
  cigarettes,  and such cigarettes shall be subject to a forfeiture action
  pursuant to the procedures provided for in  article  thirteen-A  of  the
  civil  practice  law and rules, as if such article specifically provided
  for forfeiture of cigarettes  seized  pursuant  to  this  section  as  a
  pre-conviction forfeiture crime.
    5. Any person who violates the provisions of subdivision one or two of
  this  section  shall be guilty of a class A misdemeanor and for a second
  or subsequent violation shall be guilty of a class E felony. In addition
  to the criminal penalty, any  person  who  violates  the  provisions  of
  subdivision  one,  two  or  three  of this section shall be subject to a
  civil penalty not to exceed the greater of (a) five thousand dollars for
  each such violation; or  (b)  one  hundred  dollars  for  each  pack  of
  cigarettes  shipped, caused to be shipped or transported in violation of
  such subdivision.

    6. The attorney general may bring  an  action  to  recover  the  civil
  penalties  provided  by  subdivision  five  of this section and for such
  other relief as may be deemed necessary. In  addition,  the  corporation
  counsel  of  any  political subdivision that imposes a tax on cigarettes
  may  bring  an  action  to  recover  the  civil  penalties  provided  by
  subdivision five of this section and for such other  relief  as  may  be
  deemed  necessary  with  respect to any cigarettes shipped, caused to be
  shipped or transported in  violation  of  this  section  to  any  person
  located  within such political subdivision. All civil penalties obtained
  in any  such  action  shall  be  retained  by  the  state  or  political
  subdivision  bringing  such  action,  provided  that  no person shall be
  required to pay civil penalties  to  both  the  state  and  a  political
  subdivision with respect to the same violation of this section.
    * NB There are 2 § 1399-ll's