§ 1399-FF — Enforcement

§ 1399-ff. Enforcement. 1. Where a civil penalty for a particular\nincident has not been imposed or an enforcement action regarding an\nalleged violation for a particular incident is not pending under section\nthirteen hundred ninety-nine-ee of this article, a parent or guardian of\na person under twenty-one years of age to whom tobacco products, herbal\ncigarettes or electronic cigarettes are sold or distributed in violation\nof this article may submit a complaint to an enforcement officer setting\nforth the name and address of the alleged violator, the date of the\nalleged violation, the name and address of the complainant and the\nperson under twenty-one years of age, and a brief statement describing\nthe alleged violation. The enforcement officer shall notify the alleged\nviolator by certified or registered mail, return receipt requested, that\na complaint has been submitted, and shall set a date, at least fifteen\ndays after the mailing of such notice, for a hearing on the complaint.\nSuch notice shall contain the information submitted by the complainant.\n 2. With respect to any penalty imposed with respect to a complaint\nunder this section, an enforcement officer other than the department\nshall use fifty percent of such penalty collected for educational\nefforts administered by the board or a local school district for the\npurposes of preventing adolescent tobacco use.\n 3. The enforcement officer shall promptly notify the commissioner of\ntaxation and finance and the director of the division of the lottery of\nany determination, made after a hearing, that a violation of this\narticle has occurred together with a direction to such commissioner and\ndirector with respect to any action to be taken concerning registration\nunder section four hundred eighty-a of the tax law and licensing under\nsection sixteen hundred seven of the tax law.\n