151 - Employment requirements.

§  151. Employment requirements. 1. (a) Notwithstanding the provisions  of section 35.01 of the arts and cultural affairs law, a child performer  may be employed, used or exhibited in any of the exhibitions, rehearsals  or performances set forth in subdivision one of  section  35.01  of  the  arts  and  cultural  affairs  law  if  a child performer permit has been  issued in accordance with the provisions of this section.    (b) A child performer shall be required to have an employment  permit.  Employment  permits  for  child performers shall be valid for six months  from the date of issuance.    (c) An application for a child performer permit shall  be  made  on  a  form  prescribed by the department and shall contain such matters as the  department may deem to be necessary, including the following:    (i) the true and stage name and the age of the child, and the name and  address of his parent or guardian;    (ii) the written consent of the parent or guardian;    (iii) the evidence provided by the child performer  each  semester  to  the department demonstrating that such child is maintaining satisfactory  academic  performance  as  determined by the child performer's school of  enrollment pursuant to state law.    (d) At the time a child performer applies for  an  employment  permit,  the commissioner shall inform the child performer of the child performer  trust  requirements.  The  commissioner  shall  provide a notice in bold  twelve point type to read as  follows:  "NEW  YORK  STATE  LAW  REQUIRES  FIFTEEN PERCENT OF A CHILD PERFORMER'S EARNINGS TO BE PLACED IN TRUST IN  ACCORDANCE  WITH  PART  7 OF ARTICLE 7 OF THE ESTATES, POWERS AND TRUSTS  LAW. THE CHILD PERFORMER'S PARENTS OR GUARDIAN MUST ESTABLISH THE  CHILD  PERFORMER  TRUST  ACCOUNT  TO  COMPLY WITH THIS REQUIREMENT. THE CHILD'S  PARENTS OR GUARDIAN MUST PROVIDE THE CHILD PERFORMER'S EMPLOYER WITH THE  INFORMATION NECESSARY TO TRANSFER THESE MONIES TO THE  ACCOUNT.  FAILURE  TO  COMPLY  WITH  THIS  REQUIREMENT WILL PREVENT THE DEPARTMENT OF LABOR  FROM RENEWING THE CHILD'S PERMIT TO WORK AS A CHILD PERFORMER."    (e) No permit shall allow a child to  participate  in  an  exhibition,  rehearsal or performance which is harmful to the welfare, development or  proper  education  of  such  child.  A  permit  may  be  revoked  by the  department for good cause.    2. Prior to employment of a child performer, every person, or agent or  officer of any entity  employing  a  child  performer  shall  receive  a  certificate  of  eligibility  to  employ  a  child  performer  from  the  department.  Each  application  for  initial   registration   shall   be  accompanied  by  a  fee  determined  by  the  commissioner  in an amount  sufficient  in  the  aggregate  to  defray  the  department's  costs  of  administering  the  registration  program, provided, that such fee shall  not exceed three hundred fifty dollars for initial registration  or  two  hundred   dollars  for  registration  renewal.  Companies  that  operate  theaters of four hundred ninety-nine seats or fewer shall  pay  no  more  than  two  hundred  dollars  for an initial and renewal certificates. An  employers' certificate of  eligibility  shall  be  renewed  every  three  years.    3.  Every  person,  or  agent  or officer, employing child performers,  either directly or indirectly through third persons, shall keep on  file  all  permits and certificates, either to work or to employ, issued under  this article or pursuant to the education law. The files shall  be  open  at  all  times  to the inspection of the school attendance and probation  officers, the state board of education,  and  the  department.  No  such  authority  shall be denied entrance to such place of employment of child  performers. If such authority  is  denied  entrance  to  such  place  of  employment,  or  if any violations of laws relating to the employment of  child performers are found to exist, such  authority  shall  report  theviolation   to   the  department.  Such  report  shall  be  made  within  forty-eight hours and shall be in writing, setting forth the  fact  that  he or she has good cause to believe that such laws are being violated in  such place of employment and describing the nature of the violation.    4.  (a)  The  work  permit  of  a child performer in the entertainment  industry shall not be renewed, nor shall a  subsequent  work  permit  be  issued,  unless  the  parent  or guardian demonstrates to the department  that a child performer trust account in accordance with  part  seven  of  article seven of the estates, powers and trusts law has been established  for the benefit of the child performer.    (b)  The  limitation  set  forth  in paragraph (a) of this subdivision  shall not  apply  to  the  issuance  of  an  employer's  certificate  of  eligibility or to a child performer covered by an employer's certificate  of  eligibility  who  subsequently seeks to obtain an initial individual  permit to work.    5. Failure to produce any permit or certificate either to work  or  to  employ  is  prima  facie evidence of the illegal employment of any child  performer whose permit or certificate is not produced.  Proof  that  any  person  was  the  manager  or  superintendent of any place of employment  subject to the  provisions  of  this  article  at  the  time  any  child  performer is alleged to have been employed therein in violation thereof,  is  prima facie evidence that the person employed or permitted the child  performer to work. The sworn statement of the commissioner,  or  his  or  her  deputy  or agents, as to the age of any child performer affected by  this article is prima facie evidence of the age of such child.