Section 35.05 - Arts and Cultural Affairs – Article 35
S 35.05. Employment of children as models.
- 1. It shall be unlawful to employ, use, exhibit or cause to be exhibited
a minor as a model unless:
- A child model work permit has been issued as hereinafter provided; and
- Such employment, use or exhibition is in accordance with the rules and regulations promulgated by the commissioner of education as hereinafter provided.
- It shall be unlawful for any parent or guardian of a minor to obtain or consent to the employment or exhibition of such minor as a model unless a permit has been issued in accordance with this section.
- An application for a permit for the employment or exhibition of
a minor as a model shall be made by such minor or by his parent
or guardian on a form prescribed by the commissioner of education
and shall contain such matters as the commissioner may determine to be
necessary, including the following:
- The minor's name, address, date of birth, and if the minor is of school age, the name and address of the school the minor attends and, if the application is made by his parent or guardian of a minor over twelve years of age the consent of such minor;
- The name and address of the parent or guardian, and the consent of the parent or guardian to the issuance of the permit;
- A certificate from a physician showing that the minor is physically fit to be employed or exhibited as a model. In a city of over one million population such certificate shall be issued by a physician designated by the department of health if the minor is of school age.
- A child model work permit shall be issued upon application to the superintendent of schools in cities and school districts employing a superintendent of schools and elsewhere upon application to the district superintendent of schools. A superintendent of schools or district superintendent of schools may, in accordance with regulations of the commissioner of education, designate in writing one or more public school officials to act as certificating officer in his stead.
- A child model work permit may be issued by the certificating officer if he finds that the employment or exhibition of the minor as a model will not be harmful to his health and welfare, and that, in the case of a minor of school age, the minor's education will not be neglected.
- A child model work permit:
- Shall be signed by each person employing, using, or exhibiting the minor prior to the commencement of the minor's employment or exhibition and shall permit the employment, use or exhibition of such minor only when signed by such person;
- Shall not be valid when attendance for instruction is required in accordance with the education law;
- Shall terminate one year after the date of issuance;
- May be revoked by the certificating officer at any time for good cause.
- The commissioner of education may promulgate rules and regulations to carry out the provisions of this section. Such rules and regulations shall be designed to protect the health and welfare of child models and to insure that the conditions under which such child models are employed, used or exhibited will not impair their health or welfare.
- This section shall not apply to the employment, use, or exhibition
of a minor as a model:
- In a television broadcast or program for whom a permit has been issued pursuant to section 35.01 of this article;
- By a federal, state or municipal government or political subdivision or agency thereof, or by any corporation, unincorporated association, community chest, fund or foundation organized and operated exclusively for religious, charitable or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual.
- Violation of this section shall be a misdemeanor.