N.Y. ACA Law § 35.01

§ 35.01. Child performers. 1. It shall be unlawful, except as\notherwise provided by section one hundred fifty-one of the labor law, to\nemploy, or to exhibit or cause to be exhibited, or to use, or have\ncustody of, for the purpose of exhibition, use or employment, any child\nunder the age of sixteen years, or for one who has the care, custody or\ncontrol of such child as a parent, relative, guardian, employer or\notherwise, to exhibit, use or to procure or consent to the use or\nexhibition of such child, or to neglect or to refuse to restrain such\nchild from engaging or acting in a public or private place, except as\nhereinafter provided, whether or not an admission fee is charged and\nwhether or not such child or any other person is to be compensated for\nthe use of such child therein, in the following activities:\n (a) In singing; or dancing; or modeling; or playing upon a musical\ninstrument; or acting, or in rehearsing for, or performing in a\ntheatrical performance or appearing in a pageant; or as a subject for\nuse, in or for, or in connection with the making of a motion picture\nfilm; or\n (b) In rehearsing for or performing in a radio or television broadcast\nor program.\n 2. The provisions of subdivision one of this section shall not apply\nto the participation or employment, use or exhibition of any child in a\nchurch, academy or school, including a dancing or dramatic school, as\npart of the regular services or activities thereof respectively; or in\nthe annual graduation exercises of any such academy or school; or in a\nprivate home; or in any place where such performance is under the\ndirection, control or supervision of a department of education; or in\nthe performance of radio or television programs in cases where the child\nor children broadcasting do so from a school, church, academy, museum,\nlibrary or other religious, civic or educational institution, or for not\nmore than two hours a week from the studios of a regularly licensed\nbroadcasting company, where the performance of the child or children is\nof a nonprofessional character and occurs during hours when attendance\nfor instruction is not required in accordance with the education law.\n 3. A child performer permit shall be issued by the state department of\nlabor pursuant to section one hundred fifty-one of the labor law.\n 4. The mayor or other chief executive officer of the city, town or\nvillage where the exhibition, rehearsal or performance will take place\nmay solicit the assistance of the Society for the Prevention of Cruelty\nto Children in New York city, and outside New York city, with the\nSociety for the Prevention of Cruelty to Children or other child\nprotective organization, if there be one and such other state and local\nagencies as he or she may determine.\n 5. Violation of this section shall be a misdemeanor.\n