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.