Section 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  or  herbal 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.