N.Y. Pub. Health Law § 1399-ff

§ 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 minor to whom tobacco products, herbal cigarettes or electronic\ncigarettes are sold or distributed in violation of this article may\nsubmit a complaint to an enforcement officer setting forth the name and\naddress of the alleged violator, the date of the alleged violation, the\nname and address of the complainant and the minor, and a brief statement\ndescribing the alleged violation. The enforcement officer shall notify\nthe alleged violator by certified or registered mail, return receipt\nrequested, that a complaint has been submitted, and shall set a date, at\nleast fifteen days after the mailing of such notice, for a hearing on\nthe complaint. Such notice shall contain the information submitted by\nthe 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