Section 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) A child model work permit has been issued as hereinafter provided;
  and
    (b) Such employment, use or exhibition is in accordance with the rules
  and  regulations  promulgated  by  the  commissioner  of  education   as
  hereinafter provided.
    2.  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.
    3.  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:
    (a) 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;
    (b) The name and address of the parent or guardian, and the consent of
  the parent or guardian to the issuance of the permit;
    (c)  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.
    4.  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.
    5. 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.
    6. A child model work permit:
    (a) 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;
    (b) Shall not be valid when attendance for instruction is required  in
  accordance with the education law;
    (c) Shall terminate one year after the date of issuance;
    (d)  May  be revoked by the certificating officer at any time for good
  cause.
    7. 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.
    8. This section shall not apply to the employment, use, or  exhibition
  of a minor as a model:
    (a)  In  a  television broadcast or program for whom a permit has been
  issued pursuant to section one hundred fifty-one of the labor law;
    (b)  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.
    9. Violation of this section shall be a misdemeanor.