N.Y. PBH. LAW § 1399-ll : NY Code - Section 1399-LL: Unlawful shipment or transport of cigarettes

Search N.Y. PBH. LAW § 1399-ll : NY Code - Section 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, 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, the commissioner may impose a civil fine not to
  exceed five thousand dollars for each such violation on any  person  who
  violates  subdivision  one  or two of this section. The commissioner may
  impose a civil fine  not  to  exceed  five  thousand  dollars  for  each
  violation  of subdivision three of this section on any person engaged in

  the business of selling cigarettes who ships or causes to be shipped any
  such cigarettes to any person in this state.
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