N.Y. Education Law § 3228: Newspaper carrier

* § 3228. Newspaper carrier. 1. Definition: A "newspaper carrier" is a

minor between the ages of eleven and eighteen years of age who engages

in the occupation of delivering, or selling and delivering, newspapers,

shopping papers or periodicals to customers at their homes or places of

business. For purposes of this section shopping papers shall mean those

community publications distributed, for the purposes of advertising and

public information, to the consumer without consideration being paid

therefor by the consumer.

Such papers shall:

(i) be distributed to the public on a community-wide basis;

(ii) be published at stated intervals at least fifty times a year;

(iii) have continuity as to title and general nature of content from

issue to issue;

(iv) contain in each issue community notices or editorial comment or

articles by different authors; and

(v) contain in each issue advertisements from numerous unrelated

advertisers including non-commercial advertisements.

The term "shopping papers" shall not include mail order and other

catalogs, advertising fliers, travel brochures, house organs, theatre

programs, telephone directories, shopping and restaurant guides, racing

tip and form sheets, shopping center advertising sheets and similar

publications.

2. A "newspaper carrier" shall possess a newspaper carrier permit and

shall carry it upon his or her person when engaged in the occupation of

delivering, or selling and delivering, newspapers, shopping papers or

periodicals to homes or places of business.

3. A newspaper carrier permit shall be issued on a form prescribed by

the commissioner of education to a minor qualified to participate in

physical training as provided for in section thirty-two hundred four of

this chapter. Minors that are not participating in physical training may

be issued a permit with the approval of the school physician.

4. No newspaper carrier shall be engaged in delivering, or selling and

delivering, newspapers, shopping papers or periodicals before five

o'clock in the morning nor after seven o'clock in the evening or thirty

minutes prior to sunset, whichever is later, nor during the time the

minor is required to attend upon instruction, nor for more than four

hours in any one day when school is in session, nor more than five hours

in any one day when school is not in session.

5. No minor under eleven years of age may engage in the occupation of

delivering, or selling and delivering, newspapers, shopping papers or

periodicals to customers at their homes or places of business.

6. The school authorities may revoke the permit for cause after due

notice.

7. Enforcement. The police shall enforce the provisions of this

section except with respect to the issuance and revocation of permits.

The industrial commissioner shall have concurrent power to enforce this

section except with respect to the issuance and revocation of permits.

8. It shall be unlawful for any person or corporation to wilfully and

knowingly deliver or cause to be delivered newspapers, shopping papers

or periodicals to a newspaper carrier who is not in compliance with the

provisions of this section.

* NB Repealed May 9, 2027