Section 138. Employment of persons apparently under eighteen years of age

1.  If any person apparently under eighteen years  of  age  is  employed
  without  the certificate on file as required by law, in or in connection
  with any employment to which the provisions of this article  apply,  the
  commissioner  may  require the employer to cease employing the person or
  file, within ten days after demand, evidence in the form required by the
  education law for the issuance of such certificate that  the  person  is
  over the age for which the certificate is required.
    2.  If  the  employer  fails  to furnish such evidence within ten days
  after demand, and thereafter employs the person, proof of the service of
  the demand and of the failure to furnish such evidence  shall  be  prima
  facie  evidence  in  any  prosecution  brought  for  a violation of this
  article that such person is under the age for which such certificate  is
  required and is unlawfully employed.