Section 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.