§ 480-a. Retail dealer and vending machine registration. 1. (a) On and\nafter January first, nineteen hundred ninety-one, every retail dealer\nshall publicly display a certificate of registration from the department\nin each place of business in this state through which it sells\ncigarettes or tobacco products at retail. A retail dealer who has no\nregular place of business shall publicly display such certificate on\neach of its carts, stands, trucks or other merchandising devices through\nwhich it sells cigarettes or tobacco products in this state.\n (b) Every person who owns or, if the owner is not the operator, then\nany person who operates one or more vending machines through which\ncigarettes or tobacco products are sold in this state, regardless of\nwhether located on the premises of the vending machine owner or, if the\nowner is not the operator, then the premises of the operator or the\npremises of any other person, must register each such vending machine\nwith the department. On and after January first, nineteen hundred\nninety-one, a vending machine registration certificate, in such form as\nmay be prescribed by the commissioner of taxation and finance, shall be\naffixed to each vending machine through which cigarettes or tobacco\nproducts are sold in this state.\n (c) Registrations of retail dealers and vending machines shall be\nvalid for a calendar year period upon payment of the fee prescribed in\nsubdivision two of this section and must be renewed each year upon\npayment of such fee. A registration shall not be assignable or\ntransferable. In the case of retail dealers a registration certificate\nshall be surrendered to the department immediately upon the retail\ndealer's ceasing to do business as specified in the registration\ncertificate, or in the event that such business never commenced.\n (d) (i) The commissioner shall not register retail dealers or such\nregistration may be cancelled or suspended by the commissioner upon\nnotification that the applicant or retail dealer has been convicted in a\ncriminal proceeding of a violation of subdivision five of section 260.20\nof the penal law or as directed by an enforcement officer pursuant to\narticle thirteen-F of the public health law. The clerk of the court\nshall promptly report all criminal convictions under subdivision five of\nsection 260.20 of the penal law to the commissioner, together with a\ndirection to the commissioner to cancel such registration or to suspend\nit for a specified period of time. Anything to the contrary in any law\nnotwithstanding, retail dealers shall have no right to a hearing under\nthis chapter and shall have no right to commence a court action or\nproceeding or to any other legal recourse against the commissioner with\nrespect to any action taken by the commissioner under this paragraph,\nprovided nothing herein shall be construed to deny retail dealers a\nhearing under article thirteen-F of the public health law or to prohibit\nretail dealers from commencing a court action or proceeding against an\nenforcement officer as defined in section thirteen hundred\nninety-nine-aa of the public health law.\n (ii) Anything to the contrary in any law notwithstanding, the\ncommissioner shall provide upon request to an enforcement officer as\ndefined in section thirteen hundred ninety-nine-aa of the public health\nlaw such registration information as is relevant and necessary for the\nimplementation of article thirteen-F of the public health law.\n (e) The commissioner may refuse to register as a retail dealer or may\nrevoke the registration of a retail dealer where the applicant's or\nretail dealer's place of business is at the same premises as that of a\nretail dealer whose retail dealer registration has been revoked and\nwhere such revocation is still in effect, unless the applicant or retail\ndealer provides the commissioner with adequate documentation\ndemonstrating that such applicant or retail dealer acquired the premises\nor bu
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