New York Codes, Rules and Regulations
Title 20 - DEPARTMENT OF TAXATION AND FINANCE
Chapter I - Franchise and Certain Business Taxes
Subchapter I - Cigarette Tax, Cigarette Marketing Standards And Tobacco Products Tax
Article 2 - Cigarette Marketing Standards
Part 85 - Remedies
Section 85.1 - Suspension/revocation of license or registration, civil fines and prohibition of retail sale
Universal Citation: 20 NY Comp Codes Rules and Regs ยง 85.1
Current through Register Vol. 46, No. 12, March 20, 2024
Tax Law, §§ 475, 480, 482-a, 484(a)(5), 488, 489
(a) The license of any agent or wholesale dealer, or the registration of any retail dealer issued pursuant to article 20 of the Tax Law, or the registration of any chain store issued pursuant to article 20-A of such law, may be suspended or revoked after due notice and an opportunity for a hearing, for failure to comply with any provisions of such articles or any rules or regulations adopted pursuant thereto.
(b)
(1) Upon a first violation of any of the
provisions of article 20-A of the Tax Law, after due notice and an opportunity
for a hearing, the Department of Taxation and Finance may suspend the license
of any agent or wholesale dealer for a period of not more than 30 days, or
impose a civil fine not to exceed $20,000, or both such suspension and fine may
be imposed.
(2) Upon a second or
subsequent violation committed within three years following a prior finding of
violation, after due notice and an opportunity for a hearing, the department
will revoke the license of any agent or wholesale dealer, unless:
(i) the penalty imposed for the first
violation, and all prior violations, was a fine only; or
(ii) the department determines, on a showing
by the agent or wholesale dealer, that such second or subsequent violation was
due to reasonable cause or that the agent or wholesale dealer acted in good
faith, in which case the department may suspend such licenses for a period of
not more than 60 days, or impose a civil fine not to exceed $50,000, or both
such suspension and fine may be imposed.
(3) In determining whether to suspend or
revoke a license and in assessing the amount of a fine under this subdivision,
the department will give due consideration to the gravity of the violation, the
size of the licensee's business, the amount of any sale in violation below the
minimum markup and the history of any previous violations.
(4) The penalties provided in this
subdivision shall be determined, assessed, collected and paid in the manner
provided in section
478 of the Tax Law.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
