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§ 35.01. Child performers. 1. It shall be unlawful, except as
otherwise provided by section one hundred fifty-one of the labor law, to
employ, or to exhibit or cause to be exhibited, or to use, or have
custody of, for the purpose of exhibition, use or employment, any child
under the age of sixteen years, or for one who has the care, custody or
control of such child as a parent, relative, guardian, employer or
otherwise, to exhibit, use or to procure or consent to the use or
exhibition of such child, or to neglect or to refuse to restrain such
child from engaging or acting in a public or private place, except as
hereinafter provided, whether or not an admission fee is charged and
whether or not such child or any other person is to be compensated for
the use of such child therein, in the following activities:
(a) In singing; or dancing; or playing upon a musical instrument; or
acting, or in rehearsing for, or performing in a theatrical performance
or appearing in a pageant; or as a subject for use, in or for, or in
connection with the making of a motion picture film; or
(b) In rehearsing for or performing in a radio or television broadcast
or program.

2. The provisions of subdivision one of this section shall not apply
to the participation or employment, use or exhibition of any child in a
church, academy or school, including a dancing or dramatic school, as
part of the regular services or activities thereof respectively; or in
the annual graduation exercises of any such academy or school; or in a
private home; or in any place where such performance is under the
direction, control or supervision of a department of education; or in
the performance of radio or television programs in cases where the child
or children broadcasting do so from a school, church, academy, museum,
library or other religious, civic or educational institution, or for not
more than two hours a week from the studios of a regularly licensed
broadcasting company, where the performance of the child or children is
of a nonprofessional character and occurs during hours when attendance
for instruction is not required in accordance with the education law.

3. A child performer permit shall be issued by the state department of
labor pursuant to section one hundred fifty-one of the labor law.

4. The mayor or other chief executive officer of the city, town or
village where the exhibition, rehearsal or performance will take place
may solicit the assistance of the Society for the Prevention of Cruelty
to Children in New York city, and outside New York city, with the
Society for the Prevention of Cruelty to Children or other child
protective organization, if there be one and such other state and local
agencies as he or she may determine.

5. Violation of this section shall be a misdemeanor.

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